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2013-06-18 City Council - Public Agenda-1500'4- o 0 -c9 AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds JUNE 18, 2013 7:00 P.M. - CALL TO ORDER / FLAG SALUTE 1. (5 Minutes) Roll Call 2. (5 Minutes) Approval of Agenda 3. (5 Minutes) Approval of Consent Agenda Items A. AM-5865 Approval of City Council Meeting Minutes of June 11, 2013. B. AM-5859 Approval of claim checks #202585 through #202721 dated June 13, 2013 for $1,006,525.45. C. AM-5844 Approval of 2013 Taxicab Operator's License for North End Taxi. D. AM-5869 April 2013 Monthly Financial Report E. AM-5860 Special Event Contract for Bastille Day F. AM-5862 Authorization to contract with James G. Murphy to sell surplus city vehicles. G. AM-5848 Contract award for the FAC Accessibility Upgrades Project. H. AM-5849 Authorization for Mayor to sign Supplemental Agreement #2 with Perteet, Inc. for the 228th St. SW Corridor Improvement project. I. AM-5855 Authorization for Mayor to sign Supplemental Agreement #7 with David Evans & Associates for the Five Corners Roundabout Project. J. AM-5856 Authorization for Mayor to approve acceptance of right of way and easements from the Cavalry Chapel property for the Five Corners Roundabout Project. K. AM-5863 Authorization for Mayor to sign acceptance of additional Coordinated Prevention Grant Funding. L. AM-5858 Authorization to contract with Summit Law Group to provide legal services related to a union grievance. M. AM-5870 Authorization to contract with Carol Morris to provide legal services related to the Point Edwards Building 10 closed -record appeal. N. AM-5834 Resolution thanking Walker Kasinadhuni for his service as a Student Representative. O. AM-5868 Ordinance adopting 2012 International Building and Fire Codes 4. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 5. (5 Minutes) Presentation of Resolution and Plaque to Walker Kasinadhuni Student Representative AM-5835 6. (90 Minutes) Closed record review of an appeal (File No. APL20130001) of the Hearing Examiner's AM-5861 final decision on Tom and Lin Hillman's critical areas and setback variances (File No. PLN20120033) for a new residence to be located at 1139 Sierra Place. Appellants: Stephen Schroeder, Cheryl Beighle, Todd Brown, & Candy Brown. 7. (30 Minutes) Public Hearing on the Six -Year Transportation Improvements Program (2014-2019) AM-5850 8. (5 Minutes) Ordinance Amending Edmonds City Code Chapter 10.75 - Citizens Economic AM-5873 Development Commission. 9. (15 Minutes) Report on City Council Committee Meetings of June 11, 2013. AM-5866 10. (5 Minutes) Mayor's Comments 11. (15 Minutes) Council Comments 12. (15 Minutes) Convene in executive session regarding pending litigation per RCW 42.30.110(1)(i). 13. (5 Minutes) Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN AM-5865 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted By: Sandy Chase Department: City Clerk's Office Review Committee: Type: Action Committee Action: Information Subject Title Approval of City Council Meeting Minutes of June 11, 2013. Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 06-11-13 Draft City Council Meeting Minutes Form Review Inbox Reviewed By Date Mayor Dave Earling 06/13/2013 11:44 AM Finalize for Agenda Sandy Chase 06/13/2013 11:48 AM Form Started By: Sandy Chase Started On: 06/13/2013 11:37 AM Final Approval Date: 06/13/2013 3. A. EDMONDS CITY COUNCIL DRAFT MINUTES June 11, 2013 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Diane Buckshnis, Councilmember Adrienne Fraley-Monillas, Councilmember *(Arrived at 6:06 p.m.) 1. ROLL CALL STAFF PRESENT Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Jeff Taraday, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder City Clerk Sandy Chase called the roll. All elected officials were present with the exception of Councilmember Fraley-Monillas. 2. APPROVAL OF AGENDA COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED (6-0). (Councilmember Fraley-Monillas was not present for the vote.) 2. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Buckshnis requested Item B be removed from the Consent Agenda. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED (6-0). (Councilmember Fraley-Monillas was not present for the vote.) The agenda items approved are as follows: A. APPROVAL OF CLAIM CHECKS #202434 THROUGH #202584 DATED JUNE 6, 2013 FOR $461,109.90. APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60214 THROUGH #60232 FOR $450,623.94, BENEFIT CHECKS #60233 THROUGH #60244 AND WIRE PAY.MENTS OF $198,581.58 FOR THE PERIOD MAY 16, 2013 THROUGH MAY 31, 2013. C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 4, 2013. ITEM B: APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 28, 2013 Councilmember Buckshnis advised she pulled this item to abstain as she was absent from the May 28, 2013 meeting. Edmonds City Council Draft Minutes June 11, 2013 Page 1 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE ITEM B. MOTION CARRIED (5-0-1), COUNCILMEMBER BUCKSHNIS ABSTAINED. (Councilmember Fraley-Monillas was not present for the vote.) 3. AUDIENCE COMMENTS There was no one present in the audience who wished to make comment. 4. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i), AND LABOR NEGOTIATIONS PER RCW 42.30.140(4)(b) At 6:04 p.m., Mayor Earling announced that the City Council would meet in executive session regarding potential litigation per RCW 42.30.110(1)(i) and labor negotiations per RCW 42.30.140(4)(b). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Buckshnis, Peterson, Petso and Bloom. Councilmember Fraley- Monillas arrived at 6:06 p.m. Others present were City Attorney Jeff Taraday, Public Works Director Phil Williams, Police Chief Al Compaan, Assistant Police Chief Jim Lawless, Reporting Human Resources Director Carrie Hite, and City Clerk Sandy Chase. At 6:35 p.m., Mayor Earling announced to the public present in the Council Chambers that an additional 15 minutes would be required in executive session. The executive session concluded at 6:46 p.m. Mayor Earling reconvened the regular City Council meeting at 6:47 p.m. 5. MAYOR'S COMMENTS Mayor Earling had no report. 6. COUNCIL COMMENTS Councilmember Buckshnis encouraged everyone to attend the Edmonds Arts Festival this weekend, commenting the festival is put on entirely by volunteers. Council President Petso wished Councilmember Fraley-Monillas a happy birthday. Councilmember Johnson announced a public meeting regarding the Dayton Street & SR 104 Drainage Alternative Study will be held June 20 from 6:00 — 8:30 p.m. in the Brackett Room. 7. ADJOURN TO COUNCIL COMMITTEE MEETINGS With no further business, the Council meeting adjourned to Council Committee meetings at 6:49 p.m. Edmonds City Council Draft Minutes June 11, 2013 Page 2 AM-5859 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Roger Neumaier Department: Finance Review Committee: Type: Action Tnfner"Ofinn Submitted By: 3. B. Nori Jacobson Committee Action: Approve for Consent Agenda Subject Title Approval of claim checks #202585 through #202721 dated June 13, 2013 for $1,006,525.45. Recommendation Approval of claim checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Year: Revenue: Expenditure: 2013 1,006,525.45 Fiscal Impact: Claims $1,006,525.45 Claim Checks 06-13-13 Proiect Numbers 06-13-13 Inbox Reviewed By Finance Roger Neumaier City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fiscal Impact Attachments Form Review Date 06/13/2013 11:58 AM 06/13/2013 01:32 PM 06/13/2013 02:32 PM 06/13/2013 02:33 PM Form Started By: Nori Jacobson Started On: 06/13/2013 09:30 AM Final Approval Date: 06/13/2013 vchlist Voucher List Page: 1 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202585 6/12/2013 006626 DEPT OF ECOLOGY 06072013 2013 LAB ACCREDITATION WWTP Lab accreditation fees for 2013 423.000.76.535.80.51.00 800.00 Total: 800.00 202586 6/13/2013 074261 AECOM TECHNICAL SERVICES 37338925 E7AA.SERVICES THRU 4/26/13 E7AA.Services thru 4/26/13 112.200.68.595.33.41.00 839.33 Total: 839.33 202587 6/13/2013 000850 ALDERWOOD WATER DISTRICT 9333 MONTHLY WHOLESALE WATER Cl- MONTHLY WHOLESALE WATER Cl- 421.000.74.534.80.33.00 126,187.48 Total: 126,187.48 202588 6/13/2013 001528 AM TEST INC 75678 WWTP - LAB SERVICE - MERCURY. WWTP - LAB SERVICE - MERCURY 423.000.76.535.80.41.31 200.00 Total: 200.00 202589 6/13/2013 064335 ANALYTICAL RESOURCES INC WP42 WWTP - NPDES SAMPLES FOR LAI WWTP - NPDES SAMPLES FOR LAI 423.000.76.535.80.41.31 165.00 Total: 165.00 202590 6/13/2013 069751 ARAMARK UNIFORM SERVICES 655-6845024 UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE PARKS MAINT 001.000.64.576.80.24.00 97.42 9.5% Sales Tax 001.000.64.576.80.24.00 9.25 Total: 106.67 202591 6/13/2013 064343 AT&T 425-776-5316 PARKS FAX MODEM PARKS FAX MODEM 001.000.64.576.80.42.00 45.36 Page: 1 vchlist Voucher List Page: 2 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202591 6/13/2013 064343 064343 AT&T (Continued) Total: 45.36 202592 6/13/2013 064807 ATS AUTOMATION INC 1003996 FS 17 - Velocity Sensor Inlet Filters, FS 17 - Velocity Sensor Inlet Filters, 016.000.66.518.30.31.00 446.40 Freight 016.000.66.518.30.31.00 8.00 9.5% Sales Tax 016.000.66.518.30.31.00 43.17 1004005 FS 17 - ZZZ-0570 Part FS 17 - ZZZ-0570 Part 016.000.66.518.30.31.00 368.10 Freight 016.000.66.518.30.31.00 17.00 9.5% Sales Tax 016.000.66.518.30.31.00 36.59 Total: 919.26 202593 6/13/2013 069076 BACKGROUND INVESTIGATIONS INC COE0513 Background checks - employment Background checks - employment 001.000.22.518.10.41.00 540.00 Tota I : 540.00 202594 6/13/2013 066891 BEACON PUBLISHING INC 3381 CEMETERY DISPLAY AD CEMETERY DISPLAY AD 130.000.64.536.20.44.00 108.00 Total: 108.00 202595 6/13/2013 074307 BLUE STAR GAS 0703571-IN Fleet Auto Propane Inventory 630.8 C Fleet Auto Propane Inventory 630.8 C 511.000.77.548.68.34.12 993.81 0740186-IN Fleet Auto Propane Inventory 500 Ga Fleet Auto Propane Inventory 500 Ga 511.000.77.548.68.34.12 789.50 Total: 1,783.31 202596 6/13/2013 073760 BLUELINE GROUP LLC 7074 E3JA.SERVICES THRU MAY 2013 Page: 2 vchlist Voucher List Page: 3 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202596 6/13/2013 073760 BLUELINE GROUP LLC (Continued) E3JA.Services thru May 2013 421.000.74.594.34.41.10 19,374.75 Total: 19,374.75 202597 6/13/2013 002840 BRIM TRACTOR CO INC IL50197 Unit 91- Samurai Supplies Unit 91- Samurai Supplies 511.000.77.548.68.31.10 456.96 Freight 511.000.77.548.68.31.10 41.39 9.5% Sales Tax 511.000.77.548.68.31.10 47.34 IM65619 Unit 18 - Supplies Unit 18 - Supplies 511.000.77.548.68.31.10 1,081.10 Freight 511.000.77.548.68.31.10 26.21 9.5% Sales Tax 511.000.77.548.68.31.10 105.19 Total: 1,758.19 202598 6/13/2013 072005 BROCKMANN, KERRY BROCKMAN MAY 2013 PILATES 17446 PILATES 17446 001.000.64.575.54.41.00 467.46 YOGA 17119 001.000.64.575.54.41.00 139.95 YOGA 17116 001.000.64.575.54.41.00 371.70 YOGA 17108 001.000.64.575.54.41.00 359.55 YOGA 17111 001.000.64.575.54.41.00 407.14 YOGA 17114 001.000.64.575.54.41.00 504.45 YOGA 17105 001.000.64.575.54.41.00 198.45 Page: 3 vchlist Voucher List Page: 4 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202598 6/13/2013 072005 072005 BROCKMANN, KERRY (Continued) Total: 2,448.70 202599 6/13/2013 073029 CANON FINANCIAL SERVICES 12775785 CANON CONTRACT CHARGES Contract charges for C5051 001.000.61.519.70.45.00 83.35 Contract charges for C5051 001.000.22.518.10.45.00 83.35 Contract charges for C5051 001.000.21.513.10.45.00 83.29 9.5% Sales Tax 001.000.61.519.70.45.00 7.92 9.5% Sales Tax 001.000.22.518.10.45.00 7.92 9.5% Sales Tax 001.000.21.513.10.45.00 7.91 Total: 273.74 202600 6/13/2013 003510 CENTRAL WELDING SUPPLY RN05130991 HELIUM FOR GYMNASTICS HELIUM FOR GYMNASTICS 001.000.64.575.55.45.00 11.75 9.5% Sales Tax 001.000.64.575.55.45.00 1.12 Total: 12.87 202601 6/13/2013 003510 CENTRAL WELDING SUPPLY RN05130992 WWTP - CYLINDER RENTAL WWTP - CYLINDER RENTAL 423.000.76.535.80.31.21 58.00 9.5% Sales Tax 423.000.76.535.80.31.21 5.51 Total: 63.51 202602 6/13/2013 066070 CIT TECHNOLOGY FIN SERV INC 23432891 COPIER LEASE PW copier lease for PW - Final "Prop Tax' 001.000.65.519.91.45.00 42.60 Total: 42.60 Page: 4 vchlist 06/13/2013 7:49:04AM Voucher List City of Edmonds Page: 5 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202603 6/13/2013 019215 CITY OF LYNNWOOD M&O MONTHLY MAINT/OPERATIONS SEA MONTHLY MAINT/OPERATIONS SEI 423.000.75.535.80.47.20 27,602.00 Total: 27,602.00 202604 6/13/2013 019215 CITY OF LYNNWOOD 10115 INV#10115 CUST#1430 - EDMONDS VERIZON PHONE NARCS 05/2013 104.000.41.521.21.42.00 91.52 Total: 91.52 202605 6/13/2013 074461 CLARK, YVONNE CLARK 06042013 CUSTOMER REQUESTED REFUND CUSTOMER REQUESTED REFUND 001.000.239.200 50.00 Total: 50.00 202606 6/13/2013 071680 CODE 4 LLC 052713 INV#052713 - EDMONDS PD S&W M&P15A CARBINE, 5.56MM 104.100.41.521.21.35.00 6,984.00 MAGPUL PMAG, 5.56 MM 104.100.41.521.21.35.00 156.00 TACTICAL TAILOR QR, M4 104.100.41.521.21.35.00 240.00 Freight 104.100.41.521.21.35.00 15.00 9.5% Sales Tax 104.100.41.521.21.35.00 702.53 052713 INV#052713 - CREDIT FOR FIREARI CR FOR 21 FIREARMS TRADED -IN 104.100.41.521.21.35.00 -2,785.00 9.5% Sales Tax 104.100.41.521.21.35.00 -264.58 Total: 5,047.95 202607 6/13/2013 073135 COGENT COMMUNICATIONS INC JUN-13 C/A CITYOFED00001 Jun-13 Fiber Optics Internet Connect 001.000.31.518.87.42.00 407.20 Page: 5 vchlist Voucher List Page: 6 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202607 6/13/2013 073135 073135 COGENT COMMUNICATIONS INC (Continued) Total: 407.20 202608 6/13/2013 062891 COOK PAGING WA 9077759 WATER WATCH PAGER WATER WATCH PAGER 421.000.74.534.80.42.00 4.25 Total: 4.25 202609 6/13/2013 072848 COPIERS NW INV875355 INV#INV875355 ACCT#HMH636 - E[ MO COPIER RENTAL 05/05-06/04/1 001.000.41.521.10.45.00 226.77 9.5% Sales Tax 001.000.41.521.10.45.00 21.54 INV875896 INV#INV875896 ACCT#HMH636 - E[ BLACK COPIES 05/05 - 06/04/13 001.000.41.521.10.45.00 69.35 COLOR COPIES 05/05 - 06/04/13 001.000.41.521.10.45.00 93.72 9.5% Sales Tax 001.000.41.521.10.45.00 15.49 Total: 426.87 202610 6/13/2013 069529 D & G BACKHOE INC E3JA.Pmt 1 E3JA.PAYMENT 1 THRU 5/31/13 E3JA.PMT 1 thru 5/31/13 421.000.74.594.34.65.10 338,418.34 E3JA.Ret 1 421.000.223.400 -15,452.89 Total: 322,965.45 202611 6/13/2013 061570 DAY WIRELESS SYSTEMS - 03 335583 INV#335583 - EDMONDS PD CALIBRATION RADAR #08527 001.000.41.521.22.48.00 75.00 FUELSURCHARGE 001.000.41.521.22.48.00 10.00 9.5% Sales Tax 001.000.41.521.22.48.00 8.08 335584 INV#335584 - EDMONDS PD Page: 6 vchlist Voucher List Page: 7 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202611 6/13/2013 061570 DAY WIRELESS SYSTEMS - 03 (Continued) CALIBRATE RADAR GHD-03836 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 335585 INV#335585 - EDMONDS PD CALIBRATE RADAR GHD-03890 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 335586 INV#335586 - EDMONDS PD CALIBRATE RADAR GHD-12646 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 335587 INV#335587 - EDMONDS PD CALIBRATE RADAR GHD-12654 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 335588 INV#335588 - EDMONDS PD CALIBRATE RADAR GHD-14955 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 335589 INV#335589 - EDMONDS PD CALIBRATE RADAR GHD-14984 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 335591 INV#335591 - EDMONDS PD CALIBRATE RADAR GHS-08722 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 Page: 7 vchlist Voucher List Page: 8 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202611 6/13/2013 061570 DAY WIRELESS SYSTEMS - 03 (Continued) 335592 INV#335592 - EDMONDS PD CALIBRATE RADAR GHS-08723 001.000.41.521.22.48.00 75.00 9.5% Sales Tax 001.000.41.521.22.48.00 7.13 Total: 750.12 202612 6/13/2013 069479 DEPARTMENT OF COMMERCE PWTF-111217 LOAN #PP09-951-014 Pr Pmt CTED 2009 Water Comprehei 421.000.74.591.34.78.00 20,000.00 PWTF-156595 LOAN #PW-04-691-031 Pr Pmt CTED 5 Corner Pump Station 421.000.74.591.34.78.65 25,838.97 Int Pmt CTED 5 Corner Pump Station 421.000.74.592.34.83.65 1,550.33 PWTF-176401 LOAN #PW-05-691-015 Pr Pmt CTED 2005 Sewer Lift Station 423.000.75.591.35.78.66 72,295.21 Int Pmt CTED 2005 Sewer Lift Statior 423.000.75.592.35.83.66 4,598.62 PWTF-81725 LOAN #PW-02-691-019 Pr & Int Pmt CTED 2002 Sanitary Se% 423.000.75.591.35.78.61 36,450.00 Pr & Int Pmt CTED 2002 Sanitary Se% 423.000.75.592.35.83.61 1,822.50 Pr & Int Pmt CTED 2002 Sanitary Se% 423.100.76.591.39.78.61 34,875.00 Pr & Int Pmt CTED 2002 Sanitary Se% 423.100.76.592.39.83.61 1,743.75 PWTF-87622 LOAN #PW-02-691-PRE-123 Pr Pmt CTED 220th St SW Improverr 112.506.68.591.95.78.62 18,143.28 Int Pmt CTED 220th St SW Improven 112.506.68.592.95.83.62 907.16 PWTF-87654 LOAN #PW-04-691-029 Page: 8 vchlist Voucher List Page: 9 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202612 6/13/2013 069479 DEPARTMENT OF COMMERCE (Continued) Pr Pmt CTED 220th St SW Improverr 112.506.68.591.95.78.63 21,176.47 Int Pmt CTED 220th St SW Improven 112.506.68.592.95.83.63 1,270.59 PWTF-89346 LOAN #PW-04-691-030 Pr Pmt CTED Stormwater Outfall Imp 422.000.72.591.31.78.64 32,062.50 Int Pmt CTED Stormwater Outfall Imp 422.000.72.592.31.83.64 1,923.75 PWTF-97976 LOAN #PW-06-962-012 Pr Pmt CTED 100th Ave W Stabilizati 112.200.68.591.95.78.67 32,881.58 Int Pmt CTED 100th Ave W Stabilizat 112.200.68.592.95.83.67 2,301.71 Total: 309,841.42 202613 6/13/2013 047450 DEPT OF INFORMATION SERVICES 2013050374 CUSTOMER ID# D200-0 Scan Services for May 2013 001.000.31.518.88.42.00 940.00 Total: 940.00 202614 6/13/2013 064531 DINES, JEANNIE 13-3365 INV#13-3365 - EDMONDS PD TRANSCRIPTION CASE #13-0897 001.000.41.521.21.41.00 372.00 TRANSCRIPTION CASE #13-1200 001.000.41.521.21.41.00 75.00 TRANSCRIPTION CASE #13-1738 001.000.41.521.21.41.00 135.00 Total: 582.00 202615 6/13/2013 064531 DINES, JEANNIE 13-3367 MINUTE TAKING 6/4 Council Minutes 001.000.25.514.30.41.00 234.00 Total: 234.00 Page: 9 vchlist Voucher List Page: 10 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202616 6/13/2013 074302 EDMONDS HARDWARE & PAINT LLC 613 SIMPLE GREEN SIMPLE GREEN 001.000.64.576.80.31.00 4.99 9.5% Sales Tax 001.000.64.576.80.31.00 0.47 Total: 5.46 202617 6/13/2013 069523 EDMONDS P&R YOUTH SCHOLARSHIP ABRAR JANOO 17199 ABRAR JANOO 17199 ABRAR JANOO 17199 122.000.64.571.20.49.00 52.00 AQSA JANOO 17202 AQSA JANOO 17202 SWIM AQSAJANOO 17202 SWIM 122.000.64.571.20.49.00 52.00 ARIBA JANOO ARIBA JANOO 17207 ARIBA JANOO 17207 122.000.64.571.20.49.00 52.00 JANOO 17199 JANOO 17199 JANOO 17199 122.000.64.571.20.49.00 52.00 JANOO 17202 JANOO 17202 SWIM LESSONS JANOO 17202 SWIM LESSONS 122.000.64.571.20.49.00 52.00 JANOO 17207 JANOO 17207 JANOO 17207 122.000.64.571.20.49.00 52.00 JANOO 17214 JANOO 17214 JANOO 17214 122.000.64.571.20.49.00 52.00 RAMINEZ 16886 ALVAREZ RAMINEZ TAEKWONDO 1 ALVAREZ RAMINEZ TAEKWONDO 1 122.000.64.571.20.49.00 58.00 VARGAS 16951 VARGAS 16951 KLS PRE -SOCCER VARGAS 16951 KLS PRE -SOCCER 122.000.64.571.20.49.00 59.00 Total: 481.00 Page: 10 vchlist Voucher List Page: 11 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202618 6/13/2013 038500 EDMONDS SENIOR CENTER 2013-06-01 06/13 RECREATION SERVICES COP 06/13 Recreation Services Contract F 001.000.39.555.00.41.00 5,000.00 Total: 5,000.00 202619 6/13/2013 008688 EDMONDS VETERINARY HOSPITAL 209941 INV#209941 CLIENT #3713 - EDMOI' AMOXICILLIN FOR IMP#8868 001.000.41.521.70.31.00 17.60 TRAMADOL FOR IMP#8868 001.000.41.521.70.31.00 17.00 MOMETAMAX OINTMENT-IMP#8868 001.000.41.521.70.31.00 58.00 EXAM IMP#8868 001.000.41.521.70.41.00 55.00 BOARDING IMP#8868 001.000.41.521.70.41.00 81.00 MEDICATION ADMINIST. IMP#8868 001.000.41.521.70.41.00 30.00 AMOXICILLIN FOR #8869 001.000.41.521.70.31.00 14.80 RIMADLY CHEWS FOR IMP#8869 001.000.41.521.70.31.00 30.90 EXAM IMP#8869 001.000.41.521.70.41.00 55.00 BOARDING IMP#8869 001.000.41.521.70.41.00 20.25 MEDICATION ADMINIST. IMP#8869 001.000.41.521.70.41.00 12.00 9.5% Sales Tax 001.000.41.521.70.31.00 13.15 Total: 404.70 202620 6/13/2013 008812 ELECTRONIC BUSINESS MACHINES 0881381 PARKS MAINTA7078 MAINT AGREE PARKS MAINTA7078 MAINT AGREE 001.000.64.576.80.45.00 17.96 9.5% Sales Tax Page: 11 vchlist Voucher List Page: 12 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202620 6/13/2013 008812 ELECTRONIC BUSINESS MACHINES (Continued) 001.000.64.576.80.45.00 1.71 Total: 19.67 202621 6/13/2013 008812 ELECTRONIC BUSINESS MACHINES 088024 COPIER MAINT COPIER MAINT 001.000.23.512.50.45.00 3.06 Total: 3.06 202622 6/13/2013 008812 ELECTRONIC BUSINESS MACHINES 087944 COPIER CHARGES C5051 Copier charges C5051 001.000.61.519.70.45.00 61.07 Copier charges C5051 001.000.22.518.10.45.00 61.07 Copier charges C5051 001.000.21.513.10.45.00 61.03 9.5% Sales Tax 001.000.61.519.70.45.00 5.80 9.5% Sales Tax 001.000.22.518.10.45.00 5.80 9.5% Sales Tax 001.000.21.513.10.45.00 5.80 Total: 200.57 202623 6/13/2013 063953 EVERGREEN STATE HEAT & A/C 22003 FS 17 - Leak Test Trane Chiller FS 17 - Leak Test Trane Chiller 016.000.66.519.00.48.00 265.00 9.5% Sales Tax 016.000.66.519.00.48.00 25.18 Total: 290.18 202624 6/13/2013 066378 FASTENAL COMPANY WAMOU28764 TAPS TAPS 001.000.64.576.80.31.00 23.64 9.5% Sales Tax 001.000.64.576.80.31.00 2.25 Page: 12 vchlist Voucher List Page: 13 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202624 6/13/2013 066378 066378 FASTENAL COMPANY (Continued) Total: 25.89 202625 6/13/2013 066378 FASTENAL COMPANY WAMOU28547 Water - Supplies Water - Supplies 421.000.74.534.80.31.00 95.49 9.5% Sales Tax 421.000.74.534.80.31.00 9.07 WAMOU28558 Water - Supplies Water - Supplies 421.000.74.534.80.31.00 14.78 9.5% Sales Tax 421.000.74.534.80.31.00 1.40 WAMOU28658 Water - Supplies Water - Supplies 421.000.74.534.80.31.00 10.89 9.5% Sales Tax 421.000.74.534.80.31.00 1.03 Total: 132.66 202626 6/13/2013 074459 FAY L BARTELS 2-06900 #607054 UTILITY REFUND #607054 Utility Refund due to estimai 411.000.233.000 55.22 Total: 55.22 202627 6/13/2013 009815 FERGUSON ENTERPRISES INC 2623295 Sewer - LS 12 - Supplies Sewer - LS 12 - Supplies 423.000.75.535.80.31.00 98.87 9.5% Sales Tax 423.000.75.535.80.31.00 9.39 Total: 108.26 202628 6/13/2013 069940 FIRST ADVANTAGE SBS 265218 INV 265218 ACCT ODY900JJM EDM CREDIT CHECKS - 2 001.000.41.521.10.41.00 21.00 Total: 21.00 202629 6/13/2013 074457 FREDERICK BROOKS 8-44500 #650285 UTILITY REFUND Page: 13 vchlist Voucher List Page: 14 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202629 6/13/2013 074457 FREDERICK BROOKS (Continued) #650285 Utility Refund due to seller 411.000.233.000 28.50 Total: 28.50 202630 6/13/2013 011900 FRONTIER 425-744-1681 SEAVIEW PARK IRRIGATION MODE SEAVIEW PARK IRRIGATION MODE 001.000.64.576.80.42.00 41.65 425-744-1691 SIERRA PARK IRRIGATION MODEM SIERRA PARK IRRIGATION MODEM 001.000.64.576.80.42.00 40.99 425-775-1344 BEACH RANGER PHONE @ FISHIN BEACH RANGER PHONE @ FISHIN 001.000.64.574.35.42.00 54.44 425-776-5316 GROUNDS MAINTENANCE FAX MO GROUNDS MAINTENANCE FAX MO 001.000.64.576.80.42.00 110.75 Total: 247.83 202631 6/13/2013 072515 GOOGLE INC 6302714 C/A#396392 MESSAGE DISCOVER' Internet Anti -Virus & Spam Maint Fee 001.000.31.518.88.48.00 367.00 Total: 367.00 202632 6/13/2013 012199 GRAINGER 9138000832 Water - Supplies Water - Supplies 421.000.74.534.80.31.00 35.78 9.5% Sales Tax 421.000.74.534.80.31.00 3.42 9138264354 Water - Supplies Water - Supplies 421.000.74.534.80.31.00 336.92 9.5% Sales Tax 421.000.74.534.80.31.00 32.00 9152584893 Shop Supplies Shop Supplies Page: 14 vchlist Voucher List Page: 15 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202632 6/13/2013 012199 GRAINGER (Continued) 511.000.77.548.68.31.20 86.20 9.5% Sales Tax 511.000.77.548.68.31.20 8.20 9152992773 Shop Supplies Shop Supplies 511.000.77.548.68.31.20 94.47 9.5% Sales Tax 511.000.77.548.68.31.20 8.97 Total: 605.96 202633 6/13/2013 067862 HOME DEPOT CREDIT SERVICES 2261517 WWTP - BATTERIES, WALLPLATE, ' WWTP - BATTERIES, WALLPLATE, ' 423.000.76.535.80.31.22 73.77 9.5% Sales Tax 423.000.76.535.80.31.22 7.01 4284656 WWTP - PEG BOARD, CEDAR BOAT WWTP - PEG BOARD, CEDAR BOAT 423.000.76.535.80.31.21 171.97 9.5% Sales Tax 423.000.76.535.80.31.21 16.34 7034145 WWTP - KD WHITEWOOD STUD, H WWTP - KD WHITEWOOD STUD, H 423.000.76.535.80.31.21 35.06 9.5% Sales Tax 423.000.76.535.80.31.21 3.33 8035881 WWTP - POLY SHEETS, PALLET, LI WWTP - POLY SHEETS, PALLET, LI 423.000.76.535.80.31.21 405.40 9.5% Sales Tax 423.000.76.535.80.31.21 38.51 Total: 751.39 202634 6/13/2013 072041 IBS INCORPORATED 536266-1 Shop Supplies - Particulate Respiratc Shop Supplies - Particulate Respiratc 511.000.77.548.68.31.20 24.95 Page: 15 vchlist Voucher List Page: 16 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202634 6/13/2013 072041 IBS INCORPORATED (Continued) Freight 511.000.77.548.68.31.20 9.33 9.5% Sales Tax 511.000.77.548.68.31.20 3.26 Tota I : 37.54 202635 6/13/2013 073548 INDOFF INCORPORATED 2290323 office supplies office supplies 001.000.22.518.10.31.00 24.00 supplies - paper (share cost) 001.000.22.518.10.31.00 12.65 supplies - paper (share cost) 001.000.61.519.70.31.00 12.65 supplies - paper (share cost) 001.000.21.513.10.31.00 12.66 9.5% Sales Tax 001.000.22.518.10.31.00 3.48 9.5% Sales Tax 001.000.61.519.70.31.00 1.20 9.5% Sales Tax 001.000.21.513.10.31.00 1.21 Total: 67.85 202636 6/13/2013 061546 INDUSTRIAL CONTROLS SUPPLY 941720 Sewer - LS 12 - Fuse's (6) Sewer - LS 12 - Fuse 's (6) 423.000.75.535.80.31.00 125.88 9.5% Sales Tax 423.000.75.535.80.31.00 11.96 Total: 137.84 202637 6/13/2013 069040 INTERSTATE AUTO PARTS 000011392 Fleet - Battery Sticks (2) (returned) Fleet - Battery Sticks (2) (returned) 511.000.77.548.68.31.10 111.24 9.5% Sales Tax 511.000.77.548.68.31.10 10.57 Page: 16 vchlist 06/13/2013 7:49:04AM Voucher List City of Edmonds Page: 17 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202637 6/13/2013 069040 INTERSTATE AUTO PARTS (Continued) 000012090 Unit 43 - Vulcan Light Unit 43 - Vulcan Light 511.000.77.548.68.31.10 190.00 9.5% Sales Tax 511.000.77.548.68.31.10 18.05 000012183 Unit 681 POL - 6V Batteries Unit 681 POL - 6V Batteries 511.000.77.548.68.31.10 137.69 9.5% Sales Tax 511.000.77.548.68.31.10 13.08 000013003 Fleet Brake Inventory - Wave Rotors Fleet Brake Inventory - Wave Rotors 511.000.77.548.68.34.40 519.06 9.5% Sales Tax 511.000.77.548.68.34.40 49.31 Total: 1,049.00 202638 6/13/2013 065873 ITE WASHINGTON STATE SECTION Hauss.ITE 2013 HAUSS.ITE CONFERENCE 2013 Hauss.ITE Conference 2013 001.000.67.532.20.49.00 125.00 Total: 125.00 202639 6/13/2013 074451 JAMES GRIFFIN 2-34810 #40113126-806 UTILITY REFUND #40113126-806 Utility Refund - recei% 411.000.233.000 139.63 Total: 139.63 202640 6/13/2013 074453 JAMES O'HANLON 4-05675 #4245-2029611 UTILITY REFUND #4245-2029611 Utility Refund due to 411.000.233.000 113.95 Total: 113.95 202641 6/13/2013 074450 JONATHAN & PAMELA BAKER 3-10225 #S13-00159-JBFS UTILITY REFUND #S13-00159-JBFS Utility Refund due 411.000.233.000 54.30 Page: 17 vchlist Voucher List Page: 18 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202641 6/13/2013 074450 074450 JONATHAN & PAMELA BAKER (Continued) Total: 54.30 202642 6/13/2013 016600 KROESENS INC 13580 INV#13580 CUST#1320 - EDMONDS DANNER PATROL BOOTS 001.000.41.521.22.24.00 229.00 9.5% Sales Tax 001.000.41.521.22.24.00 21.76 Total : 250.76 202643 6/13/2013 017050 KWICK'N KLEEN CAR WASH 06042013-01 INV#06042013-01 - EDMONDS PD 29 CAR WASHES @$5.03 (INCTX) 0 001.000.41.521.22.48.00 145.87 Total : 145.87 202644 6/13/2013 074449 LANDSCAPE DESIGN BLD20130548 Online permit, outside city limits. Online permit, outside city limits. 001.000.257.620 85.00 Total: 85.00 202645 6/13/2013 074462 LANE, ERIN LANE 06032013 ONE HOUR MONITOR FEE REFUNC ONE HOUR MONITOR FEE REFUNC 001.000.239.200 15.00 Total: 15.00 202646 6/13/2013 067725 LES SCHWAB TIRE CENTER 805000310015 Unit 11 - Radial Repair Unit 11 - Radial Repair 511.000.77.548.68.48.00 30.25 Parts 511.000.77.548.68.48.00 6.95 9.5% Sales Tax 511.000.77.548.68.48.00 3.53 Total: 40.73 202647 6/13/2013 074452 LESLIE CAPUSAN 1-21380 #00633-001361210 UTILITY REFUNI #00633-001361210 Utility Refund due 411.000.233.000 213.54 Page: 18 vchlist Voucher List Page: 19 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202647 6/13/2013 074452 074452 LESLIE CAPUSAN (Continued) Total: 213.54 202648 6/13/2013 068619 LINDA SWENSON 1247 FALL 2013 CRAZE COVER PHOTO FALL 2013 CRAZE COVER PHOTO 001.000.64.571.22.49.00 122.50 Total: 122.50 202649 6/13/2013 018950 LYNNWOOD AUTO PARTS INC 679746 Unit 63 - Fuel, Oil and Hydraulic Unit 63 - Fuel, Oil and Hydraulic 511.000.77.548.68.31.10 71.68 9.5% Sales Tax 511.000.77.548.68.31.10 6.81 679818 Unit 57 - Hydraulic Filter Unit 57 - Hydraulic Filter 511.000.77.548.68.31.10 49.27 9.5% Sales Tax 511.000.77.548.68.31.10 4.68 679826 Unit 57 - Air Filter Unit 57 - Air Filter 511.000.77.548.68.31.10 21.70 9.5% Sales Tax 511.000.77.548.68.31.10 2.06 679875 Unit 63 - Air Filter Unit 63 - Air Filter 511.000.77.548.68.31.10 22.22 9.5% Sales Tax 511.000.77.548.68.31.10 2.11 680212 Unit 4 - Oil Filters Unit 4 - Oil Filters 511.000.77.548.68.31.10 3.28 9.5% Sales Tax 511.000.77.548.68.31.10 0.31 680345 Unit 33 - Seals Unit 33 - Seals 511.000.77.548.68.31.10 9.00 9.5% Sales Tax Page: 19 vchlist Voucher List Page: 20 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202649 6/13/2013 018950 LYNNWOOD AUTO PARTS INC (Continued) 511.000.77.548.68.31.10 0.86 680346 Fleet - Return Sandpaper Roll Fleet - Return Sandpaper Roll 511.000.77.548.68.31.10 -172.50 9.5% Sales Tax 511.000.77.548.68.31.10 -16.39 680351 Unit33 - Bearing Cones Unit33 - Bearing Cones 511.000.77.548.68.31.10 30.10 9.5% Sales Tax 511.000.77.548.68.31.10 2.86 680559 Unit 91- Rubberized Undercoat Unit 91- Rubberized Undercoat 511.000.77.548.68.31.10 8.45 9.5% Sales Tax 511.000.77.548.68.31.10 0.80 680593 Fleet - Seat belt Fleet - Seat belt 511.000.77.548.68.31.10 55.15 9.5% Sales Tax 511.000.77.548.68.31.10 5.24 680959 Unit 83 - Seat Belt Unit 83 - Seat Belt 511.000.77.548.68.31.10 29.88 9.5% Sales Tax 511.000.77.548.68.31.10 2.84 680964 Fleet Return - Seat Belt Fleet Return - Seat Belt 511.000.77.548.68.31.10 -55.15 9.5% Sales Tax 511.000.77.548.68.31.10 -5.24 681291 Unit 124 - Air Filter Unit 124 - Air Filter 511.000.77.548.68.31.10 17.64 Page: 20 vchlist Voucher List Page: 21 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202649 6/13/2013 018950 LYNNWOOD AUTO PARTS INC (Continued) 9.5% Sales Tax 511.000.77.548.68.31.10 1.68 681338 Unit 124 - Hydraulic Filter Unit 124 - Hydraulic Filter 511.000.77.548.68.31.10 9.09 9.5% Sales Tax 511.000.77.548.68.31.10 0.86 681461 Unit 9 - Bulb Unit 9 - Bulb 511.000.77.548.68.31.10 17.10 9.5% Sales Tax 511.000.77.548.68.31.10 1.62 681708 Unit 97 - Air Filter Unit 97 - Air Filter 511.000.77.548.68.31.10 9.52 9.5% Sales Tax 511.000.77.548.68.31.10 0.90 Total: 138.43 202650 6/13/2013 074263 LYNNWOOD WINSUPPLY CO 001308-00 SUPPLIES PARKS SUPPLIES PARKS 001.000.64.576.80.31.00 383.84 9.5% Sales Tax 001.000.64.576.80.31.00 36.46 Total: 420.30 202651 6/13/2013 019582 MANOR HARDWARE 474490-00 BIG TOP -PILE COVER MATERIALS Plate Washer 1/2 3x3 HDG 422.000.72.594.31.41.20 125.00 Powers 1/2x10 SIDS Bit 422.000.72.594.31.41.20 15.00 9.5% Sales Tax 422.000.72.594.31.41.20 13.30 Total: 153.30 Page: 21 vchlist 06/13/2013 7:49:04AM Voucher List City of Edmonds Page: 22 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202652 6/13/2013 069362 MARSHALL, CITA 1288 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 88.32 1289 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 88.32 1292 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 88.32 Total: 264.96 202653 6/13/2013 019920 MCCANN, MARIAN 53 LEOFF reimbursement LEOFF reimbursement 009.000.39.517.37.29.00 8,464.50 Total: 8,464.50 202654 6/13/2013 072223 MILLER, DOUG MILLER MAY GYM MONITOR MILLER 6/5/2013 GYM MONITOR MILLER 6/5/2013 001.000.64.575.52.41.00 35.00 Total: 35.00 202655 6/13/2013 020900 MILLERS EQUIP & RENTALL INC 168263 LIFT GENIE LIFT GENIE 001.000.64.576.80.45.00 335.02 9.5% Sales Tax 001.000.64.576.80.45.00 31.83 168773 GAS CAP GAS CAP 001.000.64.576.80.31.00 7.00 9.5% Sales Tax 001.000.64.576.80.31.00 0.66 Total: 374.51 202656 6/13/2013 072833 MVP MAY 2013 MAY 2013 - EDMONDS PD CD OF POLICE AWARDS CEREMO 001.000.41.521.10.31.00 180.00 Page: 22 vchlist Voucher List Page: 23 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202656 6/13/2013 072833 MVP (Continued) 9.5% Sales Tax 001.000.41.521.10.31.00 17.10 Total: 197.10 202657 6/13/2013 024302 NELSON PETROLEUM 0497820-IN Unit 106 - Filters Unit 106 - Filters 511.000.77.548.68.31.10 28.28 9.5% Sales Tax 511.000.77.548.68.31.10 2.69 0497976-IN Unit 9 - Filter Unit 9 - Filter 511.000.77.548.68.31.10 38.09 9.5% Sales Tax 511.000.77.548.68.31.10 3.62 Total: 72.68 202658 6/13/2013 074458 NORTH AMERICAN FILTRATION CO 31384 POOL COVER POOL COVER 125.000.64.576.80.31.00 2,098.74 Freight 125.000.64.576.80.31.00 179.00 Total : 2,277.74 202659 6/13/2013 025217 NORTH SOUND HOSE & FITTINGS 52715 Fleet Shop - Black Pro -Wrap Fleet Shop - Black Pro -Wrap 511.000.77.548.68.31.20 87.12 Freight 511.000.77.548.68.31.20 7.83 Sales Tax 511.000.77.548.68.31.20 8.74 Total : 103.69 202660 6/13/2013 061013 NORTHWEST CASCADE INC 1-666986 HICKMAN PARK RENTALS HICKMAN PARK RENTALS 001.000.64.576.80.45.00 587.88 Page: 23 vchlist Voucher List Page: 24 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202660 6/13/2013 061013 NORTHWEST CASCADE INC (Continued) 1-669756 RENTALS MATHAY PARK RENTALS MATHAY PARK 001.000.64.576.80.45.00 184.77 1-673988 RENTALS CIVIC FIELD RENTALS CIVIC FIELD 001.000.64.576.80.45.00 112.35 Total: 885.00 202661 6/13/2013 025690 NOYES, KARIN 000 00 379 Planning Board minutes for 5/8/13. Planning Board minutes for 5/8/13. 001.000.62.558.60.41.00 288.00 Total: 288.00 202662 6/13/2013 063511 OFFICE MAX INC 018698 KLEENEX KLEENEX 001.000.64.571.22.31.00 44.68 9.5% Sales Tax 001.000.64.571.22.31.00 4.24 Total : 48.92 202663 6/13/2013 063511 OFFICE MAX INC 959256 INV#959256 ACCT#520437 250POL DVD+R RECORDABLE DISCS 001.000.41.521.22.31.00 35.56 CD-R RECORDABLE DISCS 001.000.41.521.22.31.00 34.26 PHOTO PAPERFOR LAB 001.000.41.521.80.31.00 25.98 9.5% Sales Tax 001.000.41.521.22.31.00 6.63 9.5% Sales Tax 001.000.41.521.80.31.00 2.47 Total : 104.90 202664 6/13/2013 063511 OFFICE MAX INC 929002 Water Quality - HP Toner Water Quality - HP Toner Page: 24 vchlist Voucher List Page: 25 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor 202664 6/13/2013 063511 OFFICE MAX INC Invoice (Continued) 4I'I:1111101 202665 6/13/2013 070166 OFFICE OF THE STATE TREASURER May, 2013 PO # Description/Account Amount 421.000.74.534.80.31.00 140.85 9.5% Sales Tax 421.000.74.534.80.31.00 13.39 PW Office Supplies - Pens, HighlightE PW Office Supplies - Pens, HighlightE 001.000.65.519.91.31.00 65.38 9.5% Sales Tax 001.000.65.519.91.31.00 6.21 Total : 225.83 COURT, BLDG CODE & JIS TRANSI• Emergency Medical Services & Traun 001.000.237.120 1,844.55 PSEA 1, 2 & 3 Account 001.000.237.130 33,683.02 Building Code Fee Account 001.000.237.150 166.50 State Patrol Death Investigation 001.000.237.330 115.54 Judicial Information Systems Accounl 001.000.237.180 6,538.27 School Zone Safety Account 001.000.237.200 214.21 Washington Auto Theft Prevention 001.000.237.250 3,614.58 Traumatic Brain Injury 001.000.237.260 688.88 Accessible Communities Acct 001.000.237.290 37.77 Multi -Model Transportation 001.000.237.300 37.78 Hwy Safety Acct 001.000.237.320 183.34 Crime Lab Blood Breath Analysis Page: 25 vchlist Voucher List Page: 26 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202665 6/13/2013 070166 OFFICE OF THE STATE TREASURER (Continued) 001.000.237.170 244.52 WSP Hwy Acct 001.000.237.340 655.47 Total: 48,024.43 202666 6/13/2013 073751 OKANOGAN COUNTRY SHERIFF OKC JAIL MAY 2013 EDMONDS INMATE HOUSING MAY 31 INMATE HOUSING DAYS - MAY 2 001.000.41.523.60.51.00 1,658.50 INMATE MEDICATION 001.000.41.523.60.31.00 1.29 Total: 1,659.79 202667 6/13/2013 073714 OLBRECHTS & ASSOC, PLLC MAY 2013 Hearing Examiner services for May 21 Hearing Examiner services for May 21 001.000.62.558.60.41.00 710.88 Total: 710.88 202668 6/13/2013 064645 OLYMPIC MECHANICAL INC BLD20130602 Online permit, applicant did not get Online permit, applicant did not get 001.000.257.620 75.00 Total: 75.00 202669 6/13/2013 063750 ORCA PACIFIC INC 3117 YOST POOL SUPPLIES YOST POOL SUPPLIES 001.000.64.576.80.31.00 625.95 9.5% Sales Tax 001.000.64.576.80.31.00 59.47 Tota I : 685.42 202670 6/13/2013 073987 OSMONSON, SHANNON OSMONSON 16796 LITTLE FISH 16796 LITTLE FISH 16796 001.000.64.571.22.41.00 502.20 Total: 502.20 202671 6/13/2013 002203 OWEN EQUIPMENT COMPANY 00067879 Sewer - Service Kit Sewer - Service Kit Page: 26 vchlist Voucher List Page: 27 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202671 6/13/2013 002203 OWEN EQUIPMENT COMPANY (Continued) 423.000.75.535.80.31.00 85.00 Freight 423.000.75.535.80.31.00 11.28 9.5% Sales Tax 423.000.75.535.80.31.00 9.15 Total: 105.43 202672 6/13/2013 027165 PARKER PAINT MFG. CO.INC. 954023036977 FAC - Paint and Supplies FAC - Paint and Supplies 001.000.66.518.30.31.00 88.14 9.5% Sales Tax 001.000.66.518.30.31.00 8.37 Total: 96.51 202673 6/13/2013 073871 PERSONNEL EVALUATION INC 04255 INV 04255 EDMONDS PD - MAY 201 PERSONNEL EVALUATION PROFILI 001.000.41.521.10.41.00 60.00 Total: 60.00 202674 6/13/2013 063951 PERTEET ENGINEERING INC 20100166.000-23 E2DB.SERVICES THRU 6/2/13 E2DB.Services thru 6/2/13 132.000.64.594.76.41.00 1,454.43 Total: 1,454.43 202675 6/13/2013 074455 PHONON LLC 4-17100 #605997 UTILITY REFUND #605997 Utility Refund due to estimal 411.000.233.000 27.50 Tota I : 27.50 202676 6/13/2013 073546 PITNEY BOWES RESERVE ACCOUNT 06052013 POSTAGE FOR CITY METER 250-00303 Postage for City Meter 001.000.25.514.30.42.00 8,000.00 Total: 8,000.00 202677 6/13/2013 074441 PLANTE, KEN REF 6-2013 REFUND LICENSE FEES - EDMONE REFUND LATE FEES CHARGED Page: 27 vchlist Voucher List Page: 28 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202677 6/13/2013 074441 PLANTE, KEN (Continued) 001.000.322.30.000.00 30.00 REFUND TAG FEE/NON SR FEES 001.000.322.30.000.00 7.00 Total: 37.00 202678 6/13/2013 071023 POINT EDWARDS LLC Pt Edwards.Refund POINT EDWARDS-TRAFFIC MITIGA Point Edwards -Traffic Mitigation Fee 112.502.68.595.64.49.00 26,427.15 Total: 26,427.15 202679 6/13/2013 072993 PRIMACIO, GEORENE PRIMACIO 16878 PRIMACIO 16878 PRIMACIO 16878 001.000.64.571.22.41.00 165.00 Total: 165.00 202680 6/13/2013 071911 PROTZ, MARGARET PROTZ 17044 FELDENKRAIS 17044 FELDENKRAIS 17044 001.000.64.575.54.41.00 404.00 Tota I : 404.00 202681 6/13/2013 070809 PUGET SOUND EXECUTIVE 13-407 COURT SECURITY COURT SECURITY 001.000.23.512.50.41.00 3,318.75 Total: 3,318.75 202682 6/13/2013 030780 QUIRING MONUMENTS INC 00000136675 INSCRIPTION HUANG INSCRIPTION HUANG 130.000.64.536.20.34.00 240.00 Total: 240.00 202683 6/13/2013 070042 RICOH USA INC 89140067 Rent on reception NP171SPF Renton reception NP171SPF 001.000.62.524.10.45.00 30.66 89183458 Rent on Engineering MPC6000 Rent on Engineering MPC6000 001.000.62.524.10.45.00 443.48 Page: 28 vchlist Voucher List Page: 29 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202683 6/13/2013 070042 RICOH USA INC (Continued) 89183461 Rent on R907EX large copier for billir Rent on R907EX large copier for billir 001.000.62.524.10.45.00 827.00 Total: 1,301.14 202684 6/13/2013 064769 ROMAINE ELECTRIC 1-879157 Unit 304 - Refurbished Motor Core Unit 304 - Refurbished Motor Core 511.000.77.548.68.31.10 356.66 1-879768 Unit 304 - Refurbished Motor Core Unit 304 - Refurbished Motor Core 511.000.77.548.68.31.10 398.00 Tota I : 754.66 202685 6/13/2013 069062 RONGERUDE, JOHN 7911 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.39.512.52.41.00 600.00 Total: 600.00 202686 6/13/2013 071467 S MORRIS COMPANY MAY 2013 INVOICE 05/31/13 ACCT#70014 - EE #123677 10 NPC 05/06/13 001.000.41.521.70.41.00 113.20 #762300 2 NPC 05/20/13 001.000.41.521.70.41.00 22.64 Total: 135.84 202687 6/13/2013 072725 SAGACITY CUSTOM PUBLISHING 2013-3633 TOURISM AD IN SEATTLE VISITOR Tourism ad in Seattle Official Visitor 120.000.31.575.42.44.00 1,732.00 Total: 1,732.00 202688 6/13/2013 074463 SANCHEZ, YVETTE SANCHEZ 06112013 CUSTOMER REQUESTED REFUND CUSTOMER REQUESTED REFUND 001.000.239.200 63.00 Total: 63.00 202689 6/13/2013 074454 SANDRA NELSEN 4-37325 #4245-2068838 UTILITY REFUND Page: 29 vchlist Voucher List Page: 30 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202689 6/13/2013 074454 SANDRA NELSEN (Continued) #4245-2068838 Utility Refund due to 411.000.233.000 179.75 Total: 179.75 202690 6/13/2013 074431 SEATTLE ASBESTOS TEST LLC 201311694 YOST POOL WATER SAMPLE TEST YOST POOL WATER SAMPLE TEST 125.000.64.576.80.48.00 850.00 9.5% Sales Tax 125.000.64.576.80.48.00 80.75 201311747 YOST POOL YOST POOL 125.000.64.576.80.48.00 550.00 Total : 1,480.75 202691 6/13/2013 066964 SEATTLE AUTOMOTIVE DIST INC 03-227328 Unit 24 - Brake Line Kit Unit 24 - Brake Line Kit 511.000.77.548.68.31.10 56.07 9.5% Sales Tax 511.000.77.548.68.31.10 5.33 03-228451 Unit 454 - Automatic Oil Unit 454 - Automatic Oil 511.000.77.548.68.31.10 115.20 9.5% Sales Tax 511.000.77.548.68.31.10 10.94 03-228721 Unit 88 - Brake Shoes and Drums Unit 88 - Brake Shoes and Drums 511.000.77.548.68.31.10 191.98 9.5% Sales Tax 511.000.77.548.68.31.10 18.24 03-229201 Unit 411 - Battery Unit 411 - Battery 511.000.77.548.68.31.10 84.50 9.5% Sales Tax 511.000.77.548.68.31.10 8.03 03-229445 Unit 104 - Screen Assembly Page: 30 vchlist Voucher List Page: 31 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202691 6/13/2013 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) Unit 104 - Screen Assembly 511.000.77.548.68.31.10 17.34 9.5% Sales Tax 511.000.77.548.68.31.10 1.65 03-230099 Unit 104 - Trans Fluid Unit 104 - Trans Fluid 511.000.77.548.68.31.10 81.40 9.5% Sales Tax 511.000.77.548.68.31.10 7.73 03-230215 Unit 776 - Break Rotors Unit 776 - Break Rotors 511.000.77.548.68.31.10 171.34 9.5% Sales Tax 511.000.77.548.68.31.10 16.28 03-230558 Unit 649 - Rear Axle Oil, Oil Additive Unit 649 - Rear Axle Oil, Oil Additive 511.000.77.548.68.31.10 210.86 9.5% Sales Tax 511.000.77.548.68.31.10 20.03 03-230729 Unit 37 - Element Assembly Unit 37 - Element Assembly 511.000.77.548.68.31.10 53.30 9.5% Sales Tax 511.000.77.548.68.31.10 5.06 03-230801 Unir 37 - Element Assembly Unir 37 - Element Assembly 511.000.77.548.68.31.10 12.72 9.5% Sales Tax 511.000.77.548.68.31.10 1.21 03-230891 Unit 25 - Element Assembly, Battery Unit 25 - Element Assembly, Battery 511.000.77.548.68.31.10 97.22 9.5% Sales Tax 511.000.77.548.68.31.10 9.24 Page: 31 vchlist Voucher List Page: 32 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202691 6/13/2013 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 03-231277 Fleet Brake Fluid Stock Fleet Brake Fluid Stock 511.000.77.548.68.31.20 19.98 9.5% Sales Tax 511.000.77.548.68.31.20 1.90 03-231973 Unit 95 - Battery Unit 95 - Battery 511.000.77.548.68.31.10 78.60 9.5% Sales Tax 511.000.77.548.68.31.10 7.47 05-462994 Fleet Returns - Brake Line Kit Fleet Returns - Brake Line Kit 511.000.77.548.68.31.10 -57.77 9.5% Sales Tax 511.000.77.548.68.31.10 -5.49 05-465060 Fleet Return - Element Assembly Fleet Return - Element Assembly 511.000.77.548.68.31.10 -53.30 9.5% Sales Tax 511.000.77.548.68.31.10 -5.06 Total: 1,182.00 202692 6/13/2013 073859 SIMMONS, SHELLY SIMMONS 16858 SUPERSQUAD 16858 SUPERSQUAD 16858 001.000.64.571.22.41.00 360.00 ZUMBATONIC 001.000.64.571.22.41.00 180.00 Total: 540.00 202693 6/13/2013 071725 SKAGIT GARDENS INC 52207121 FLOWER PROGRAM FLOWER PROGRAM 125.000.64.576.80.31.00 839.60 9.5% Sales Tax 125.000.64.576.80.31.00 79.76 Page: 32 vchlist Voucher List Page: 33 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202693 6/13/2013 071725 071725 SKAGIT GARDENS INC (Continued) Total: 919.36 202694 6/13/2013 037375 SNO CO PUD NO 1 2003-2646-0 1000 MAIN ST 1000 MAIN ST 001.000.64.576.80.47.00 31.27 2022-5063-5 930 9TH AVE N 930 9TH AVE N 001.000.64.576.80.47.00 31.27 Total: 62.54 202695 6/13/2013 037375 SNO CO PUD NO 1 2025-7952-0 WWTP ENERGY MANAGEMENT SE WWTP ENERGY MANAGEMENT SE 423.000.76.535.80.47.61 8.69 Total: 8.69 202696 6/13/2013 063941 SNO CO SHERIFFS OFFICE 2013-1620 INV#2013-1620 - EDMONDS PD MAY BOOKINGS - 67.33 @ $94.95 001.000.41.523.60.51.00 6,392.98 MAY HOUSING - 404.83 @ $65.94 001.000.41.523.60.51.00 26,694.49 MAY WORK RELEASE - 34 @ $44.3 001.000.41.523.60.51.00 1,506.54 Total: 34,594.01 202697 6/13/2013 070167 SNOHOMISH COUNTY TREASURER May 2013 Crime Victims Court Remittance Crime Victims Court Remittance 001.000.237.140 930.89 Tota I : 930.89 202698 6/13/2013 037800 SNOHOMISH HEALTH DISTRICT CEDM 316970 Fleet HEPA/B Vaccine Fleet HEPA/B Vaccine 511.000.77.548.68.41.00 131.00 Total: 131.00 202699 6/13/2013 038100 SNO-KING STAMP 53081 ZULAUF.REPLACE BANDS AND INl< Zulauf.Replace Bands and Ink Pad or 001.000.67.532.20.49.00 29.69 Page: 33 vchlist Voucher List Page: 34 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202699 6/13/2013 038100 038100 SNO-KING STAMP (Continued) Total: 29.69 202700 6/13/2013 074167 SOURCE NORTH AMERICA CORP 1088039 Fleet Fuel Island - Chip Keys Fleet Fuel Island - Chip Keys 511.000.77.548.68.31.20 85.50 Freight 511.000.77.548.68.31.20 6.28 9.5% Sales Tax 511.000.77.548.68.31.20 8.72 Total: 100.50 202701 6/13/2013 009400 STELLAR INDUSTRIAL SUPPLY INC 3248569 Sewer - Supplies Sewer - Supplies 423.000.75.535.80.31.00 231.01 9.5% Sales Tax 423.000.75.535.80.31.00 21.94 Total: 252.95 202702 6/13/2013 074456 STEPHEN & CAROL WILLOUGHBY 3-06405 #649342 UTILITY REFUND #649342 Utility Refund - received 411.000.233.000 159.60 Total: 159.60 202703 6/13/2013 071585 STERICYCLE INC 3002279759 INV#3002279759 CUST#6076358 - E MINIMUM MONTHLY CHARGE 001.000.41.521.80.41.00 10.36 Total: 10.36 202704 6/13/2013 073629 TDS AKA BRIDGESTONE AMERICAS 801-17149 Unit 8 - Tires (2) Unit 8 - Tires (2) 511.000.77.548.68.31.10 2,426.31 9.5% Sales Tax 511.000.77.548.68.31.10 230.31 Total: 2,656.62 202705 6/13/2013 063796 TECHNOLOGY UNLIMITED INC 273610 INV#273610 - EDMONDS PD ANNUAL MAIN AGMT CANON DR75 Page: 34 vchlist Voucher List Page: 35 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202705 6/13/2013 063796 TECHNOLOGY UNLIMITED INC (Continued) 001.000.41.521.11.41.00 480.00 9.5% Sales Tax 001.000.41.521.11.41.00 45.60 Total: 525.60 202706 6/13/2013 073049 TEC-WORKS INC 12331 COARSE WAVELENGTH DIVISION P Transition Networks CWDM-M947LC1 001.000.31.518.88.35.00 3,848.32 Freight 001.000.31.518.88.35.00 14.02 Total: 3,862.34 202707 6/13/2013 009350 THE DAILY HERALD COMPANY 1822381 NEWSPAPER AD Ordinance 3923 001.000.25.514.30.44.00 27.52 1822584 NEWSPAPER ADS Hillman Critical Areas & setback vari. 001.000.25.514.30.44.00 39.56 1822586 NEWSPAPER ADS Six Yr. Trasnpt, Impr. Plan 001.000.25.514.30.44.00 36.12 Total: 103.20 202708 6/13/2013 009350 THE DAILY HERALD COMPANY 1821277 5th Av Vet/PLN20130027 Legals. 5th Av Vet/PLN20130027 Legals. 001.000.62.558.60.44.00 79.12 1821983 Farmers Market/AMD20130004 Lega Farmers Market/AMD20130004 Lega 001.000.62.558.60.44.00 32.68 1822724 Parker/PLN20130030 Legals. Parker/PLN20130030 Legals. 001.000.62.558.60.44.00 99.76 1822725 Lindberg/PLN20130031 Legals. Lindberg/PLN20130031 Legals. 001.000.62.558.60.44.00 72.24 Page: 35 vchlist Voucher List Page: 36 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202708 6/13/2013 009350 009350 THE DAILY HERALD COMPANY (Continued) Total: 283.80 202709 6/13/2013 027269 THE PART WORKS INC 360202 FS 17 - Lav Faucet FS 17 - Lav Faucet 001.000.66.518.30.31.00 245.15 Freight 001.000.66.518.30.31.00 10.82 9.5% Sales Tax 001.000.66.518.30.31.00 24.32 Total: 280.29 202710 6/13/2013 068407 TROUT UNLIMITED EDMONDS SALMON 1712� BEGINNING FISHING FOR KIDS 17' BEGINNING FISHING FOR KIDS 17' 001.000.64.571.22.41.00 242.00 Total: 242.00 202711 6/13/2013 043935 UPS 00002T4T13223 Shipping - document Shipping - document 001.000.22.518.10.42.00 25.76 shipping - document Rohde 001.000.31.518.88.42.00 6.28 Total: 32.04 202712 6/13/2013 062693 US BANK 5923 PARKING, SUPPLIES, APA CONFER Parking fees while attending meeting: 001.000.61.558.70.43.00 9.00 APA Conference for Director on 001.000.61.558.70.49.00 415.00 Supplies for poster for Business Expc 001.000.61.558.70.31.00 15.50 9.5% Sales Tax 001.000.61.558.70.31.00 1.47 Total: 440.97 202713 6/13/2013 062693 US BANK 5179 Amazon - Cisco Networking All-in-Oni Amazon - Cisco Networking All-in-Oni Page: 36 vchlist Voucher List Page: 37 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor 202713 6/13/2013 062693 US BANK 202714 6/13/2013 062693 US BANK Invoice PO # Description/Account Amount (Continued) 001.000.31.518.88.31.00 30.41 TigerDirect.com - Uninterruptible Pow 001.000.31.518.88.35.00 381.90 Network Solutions - Web address ren 001.000.31.518.88.49.00 184.95 Experts Exchange - IT Solutions Onlir 001.000.31.518.88.49.00 12.95 HP Services - Mobile Windows keybo 001.000.11.511.60.48.00 54.87 APC RBC2 Battery Cartridge #2 for C 001.000.31.518.88.31.00 51.01 5848 WFOA2013 CONFERENCE REGIST Washington Finance Officers Associa 001.000.31.514.23.49.00 425.00 Tota I : 1,141.09 3644 AET MAILING USPS AET mailing 001.000.21.513.10.49.00 44.95 Pentel rolling writer pens 001.000.21.513.10.31.00 12.29 Index dividers 001.000.21.513.10.31.00 7.49 desktop calculator 001.000.21.513.10.31.00 19.99 9.5% Sales Tax 001.000.21.513.10.31.00 3.78 3686 JUNE ADVISORY GROUP Coffee traveler for Advisory meeting 001.000.21.513.10.49.00 12.95 Parking for Mayor's conference 001.000.21.513.10.43.00 20.00 Lunch for Ron Cone 001.000.21.513.10.49.00 31.27 Page: 37 vchlist Voucher List Page: 38 06/13/2013 7:49:04AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202714 6/13/2013 062693 US BANK (Continued) Mayor's Lunch 001.000.21.513.10.49.00 11.30 9.5% Sales Tax 001.000.21.513.10.49.00 1.23 Total: 165.25 202715 6/13/2013 072792 US MARSHALS SERVICE 9363 INV 9363 ACCT 1495 EDMONDS PD EXTRADITION FLIGHT - 4/30/13 FOI 001.000.41.521.10.41.00 1,865.31 Total: 1,865.31 202716 6/13/2013 065035 WASHINGTON STATE PATROL 113009243 INV#I13009243 EDM301 - EDMOND7 BACKGROUND CHECKS MAY 2013 001.000.237.100 412.50 Total: 412.50 202717 6/13/2013 045912 WASPC INV024952 INV024952 EDMONDS PD - WASPC SPRING CONF REG - COMPAAN 001.000.41.521.40.49.00 300.00 SPRING CONF REG - LAWLESS 001.000.41.521.40.49.00 300.00 SPRING CONF REG - ANDERSON 001.000.41.521.40.49.00 300.00 Total: 900.00 202718 6/13/2013 073552 WELCO SALES LLC 5925 WINDOW ENVELOPES WINDOW ENVELOPES 001.000.64.571.21.31.00 70.50 9.5% Sales Tax 001.000.64.571.21.31.00 6.70 Total: 77.20 202719 6/13/2013 073018 WILCO-WINFIELD 123470 PROLFIC DG PROLFIC DG 001.000.64.576.80.31.00 1,144.12 Page: 38 vchlist 06/13/2013 7:49:04AM Voucher List City of Edmonds Page: 39 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202719 6/13/2013 073018 WILCO-WINFIELD (Continued) 9.5% Sales Tax 001.000.64.576.80.31.00 108.69 Total: 1,252.81 202720 6/13/2013 074460 WSU FOUNDATION WSU FOUNDATION HEALTH IMPACT ASSESSMENT PLE Pledge for Health Impact Assessment 001.000.11.550.10.49.00 5,000.00 Total: 5,000.00 202721 6/13/2013 051282 ZUMAR INDUSTRIES INC 0162588 PARKS (NO DOGS SIGNS) PARKS (NO DOGS SIGNS) 001.000.64.576.80.31.00 89.40 Freight 001.000.64.576.80.31.00 10.09 9.5% Sales Tax 001.000.64.576.80.31.00 9.45 Total: 108.94 137 Vouchers for bank code : usbank Bank total : 1,006,525.45 137 Vouchers in this report Total vouchers : 1,006,525.45 Page: 39 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number FAC Edmonds Museum Exterior Repairs Project c327 EOLA FAC Senior Center Roof Repairs c332 EOLB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 ElEA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 EBMA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 EBMB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Public Facilities Water Quality Upgrades c339 E1 FD STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 6/12/2013 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1 DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 EBGC SWR City -Wide Sewer Improvements c301 EBGD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 EOJA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 EOIA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 6/12/2013 PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Protect Title WWTP N/A c385 WWTP Switchgear Upgrade EOAA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM EOFC c326 Stormwater GIS Support KWTR EOIA c324 AWD Intertie and Reservoir Improvements WTR EOJA c363 2010 Waterline Replacement Program OLAr c32 Edmonds Museum Exterior Repairs Project FAC EOLB c332 Senior Center Roof Repairs S ers Roundabout (212th Street Sa@ 84th Avenue W) STIR E1AB c343 2011 Residential Neiahborhood Traffic Calmina 76th Ave W at 212th St SW Intersection Improvements STIR E1DA c354 Sunset Wal SR104 Telecommunications Conduit Crossing STM E1 FA c336 SW Edmonds-1 05th/1 06th Ave W Storm Improvements Public Facilities Water Quality Upgrades STM E1 FF c341 Storm Contribution to Transportation Projects tormwater Development Review Support (NPDES Capacity) STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives E1 FN rrinville Creek Culvert Replacement SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement Waterlitormwater Revenue Requirements Update nowSewer, WTR E1JA c333 2011 Waterline Replacement Program 76th Ave W Waterline Extension with nwood WTR E1JC c345 Edmonds General Facilities Charge Study 1111�PRV Station 11 a Bandon WTR E1JE c340 2012 Waterline Replacement Program E1JK In Street Watermain STIR E2AA c391 Transportation Plan Update 9th Avenue Improvement Project STIR E2AC c404 Citywide Safety Improvements E2AD Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlay Program Pioneer Way Road Repai STIR E2CC c399 5th Ave Overlav Proiect STM E2FA STM E2FC Revised 6/12/2013 c378 North Talbot Road Draina SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c380 Edmonds Marsh Feasibility Study PROJECT NUMBERS (By Engineering Number) Engineering Protect Funding Number STM E2FE SWR E2GB EYA STM E3FB Project Accounting Number Project Title c381 Lake Ballinger Associated Projects 2012 c382 2012 Citywide Storm Drainage Improvements c369J&12 Sanitary Sewer Comp Plan Update c390 Alder Sanitary Sewer Pipe Rehabilitation c406 1%013 Citywide Drainage Replacement c407 2013 Lake Ballinger Basin Study & Associated Projects AW E3FC c408 ��reek Stor�v Reductrofit Sfudy STM EYD c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) orthstream Pipe Abandonement on Puget Drive SWR E3GA c398 2013 Sewerline Replacement Project OVD Sewer Lateral Improvements * _ WTR E3JA c397 2013 Waterline Replacement Program OVD Watermain Improvements W STIR E61DA c245 76th Avenue West/75th Place West Walkway Project c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program E7AA Main Street LightipiLand Sidewalk Enhancements STIR E7AC i005 228th St. SW Corridor Improvements _ E7CB hell Valley Emergency Ak. STM E7FG m013 NPDES E7MA 15ayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from Us 13 - 09/01/08) E8GC NSF Double Track Project SWR E8GD c301 City -Wide Sewer Improvements PM E8MA ourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking 2009 Street Overlay Program STIR E91DA c312 226th Street Walkway Project c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design Senior Center Parking Lot & Landscaping Improvements Revised 6/12/2013 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c141 E3JB OVD Watermain Improvements SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STIR c245 E6DA 76th Avenue West/75th Place West Walkway Project STIR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STIR c265 E7AA Main Street Lighting and Sidewalk Enhancements STIR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 EBMA Fourth Avenue Cultural Corridor PM c290 EBMB Marina Beach Additional Parking STIR c294 E9CA 2009 Street Overlay Program SWR c298 EBGA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 EBGC BNSF Double Track Project SWR c301 EBGD City -Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STIR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 EOIA AWD Intertie and Reservoir Improvements STM c326 EOFC Stormwater GIS Support FAC c327 EOLA Edmonds Museum Exterior Repairs Project STIR c329 EOAA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 EOLB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1 FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1 FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1 FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study Revised 6/12/2013 PROJECT NUMBERS (By New Project Accounting Number) Project Accounting Funding Number WTR c346 SWR c347 STM c349 STIR c354 WTR c363 STIR c368 SWR c369 WTR c370 General c372 STM c374 WTR c375 STM c376 STM c378 STM c379 STM c380 STM c381 STM c382 WWTP c385 WTR c388 WTR c389 SWR c390 STIR c391 STIR c392 WTR c397 SWR c398 STIR c399 STIR c404 STIR c405 STM c406 STM c407 STM c408 STM c409 STM c410 STIR i005 Revised 6/12/2013 Enaineerin Protect Number E1JD E1 GA E1FH E1 DA EOJA E 1 CA E2GA E1GB E 1 EA E1FM E1JK E1FN E2FA E2FB E2FC E2FD E2FE N/A E2CA E2CB E2GB E2AA E2AB E3JA E3GA E2CC E2AC E2AD E YA E3FB E3FC E3FD E3FE E7AC Project Title PRV Station 11 and 12 Abandonment 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement Stormwater Development Review Support (NPDES Capacity) Sunset Walkway Improvements 2010 Waterline Replacement Program 76th Ave W at 212th St SW Intersection Improvements 2012 Sanitary Sewer Comp Plan Update Sewer, Water, Stormwater Revenue Requirements Update SR104 Telecommunications Conduit Crossing Dayton Street & SR104 Storm Drainage Alternatives Main Street Watermain Perrinville Creek Culvert Replacement North Talbot Road Drainage Improvements SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System Edmonds Marsh Feasibility Study Lake Ballinger Associated Projects 2012 2012 Citywide Storm Drainage Improvements WWTP Switchgear Upgrade 2012 Waterline Overlay Program Pioneer Way Road Repair Alder Sanitary Sewer Pipe Rehabilitation Transportation Plan Update 9th Avenue Improvement Project 2013 Waterline Replacement Program 2013 Sewerline Replacement Project 5th Ave Overlay Project Citywide Safety Improvements Hwy 99 Enhancements (Phase III) 2013 Citywide Drainage Replacement 2013 Lake Ballinger Basin Study & Associated Projects Perrinville Creek Stormwater Flow Reduction Retrofit Study Dayton Street Storm Improvements (6th Ave - 8th Ave) Northstream Pipe Abandonement on Puget Drive 228th St. SW Corridor Improvements PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title STM m013 E7FG NPDES Revised 6/12/2013 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 EOJA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1 CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 EOIA SWR BNSF Double Track Project c300 EBGC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Citywide Safety Improvements c404 E2AC SWR City -Wide Sewer Improvements c301 EBGD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c409 E3FD WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 EOLA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA Revised 6/12/2013 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number PM Fourth Avenue Cultural Corridor c282 EBMA STR Hwy 99 Enhancements (Phase III) c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 EBMB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonement on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1 FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 EOLB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB General SR104 Telecommunications Conduit Crossing c372 ElEA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STR 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/106th Ave W Storm Improvements c336 E1 FA WWTP WWTP Switchgear Upgrade c385 N/A STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STR Transportation Plan Update c391 E2AA Revised 6/12/2013 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Enaineerina Division Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right -of -Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time -Storm str Engineering Staff Time -Street swr Engineering Staff Time -Sewer wtr Engineering Staff Time -Water prk Engineering Staff Time -Park AM-5844 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted By: Sandy Chase Department: Review Committee: Type: City Clerk's Office Action Information Subject Title Approval of 2013 Taxicab Operator's License for North End Taxi. Recommendation Committee Action: 3. C. It is recommended that the City Council approve the 2013 Taxicab Opearator's License for North End Taxi. Previous Council Action Taxicab Operator's Licenses are issued annually. Narrative Edmonds City Code Chapter 4.60 requires that the City Council approve Taxicab Operator's Licenses. A copy of the license application for North End Taxi is attached. In addition, the Police Department reviewed the application, vehicles and drivers, and recommended the applicant be allowed to continue through the application process. Attachments 2013 Taxicab Operator's License Application - North End Taxi Form Review Inbox Reviewed By Date Mayor Dave Earling 06/11/2013 03:17 PM Finalize for Agenda Sandy Chase 06/12/2013 03:37 PM Form Started By: Sandy Chase Started On: 06/11/2013 03:05 PM Final Approval Date: 06/12/2013 Of LD.tij� CIVE CITY OF EDMONDS APPLICATION — TAXICAB OPERATOR'S LICENSE Edmonds City Code Chapter 4.60 MAY 2 8 2013 Name of taxicab business: Tac—T�ey Inc nBA Morth End Taxi TV CTTV Name of Applicant: Linda `T Ilawley Driver's License No.: First Name Aliddlelnitial last Address: 16409 20th Avenue West Street Address Lynnwood, TPA 98037 City State Zip Place of Birth: Tacoma, WA Date of Birth: Please list name and address changes that have occurred within the last two years preceding the current information: Previous Employment for Past Two Years: Employer: Tac—Key Inc Address: 16409 20th AVe- West, Lynnwood Telephone Number: 4 2 5 — 7 7 5 — 9 9 9 9 Dates of Employment. 12 /15 / 7 5 thru current Employer: _ Address: Telephone Number: Dates of Employment: Attach additional sheet if necessary. Previous Record as a Taxicab Driver or Operator: Have yo fiver be lice wed as to e driver r o erator? Xe Yes 6 No If yes, explain: ling Fount r Saea't e, 1°yt'nwood Where:Edmonds, yi cake- Terrace., Everett W}1en_12/15/75 thru current Has this license ever been suspended, revoked, or denied? 8 Yes v 6 No If yes, for what cause: Record of Conviction:(Note: All criminal, driving and all other court histories will be checked) Have you ever been convicted of or forfeited bail for a crime, including all traffic offenses, for the preceding five years? 6 Yes 6 No If yes, give a detailed account of the charge, the approximate date, the name of the Court, and the final disposition of the charge or charges: Information on Vehicles to be Operated: List of vehicles is on file in the City Make: Clerk's Office. Vehicle Identification No.: Make: Vehicle Identification No.: Vehicle License No.: Make: Year: Model: Vehicle Identification No.: Vehicle License No.: Make: Year: Model: Vehicle Identification No.: Vehicle License No.: Attach additional sheet if necessa?yt RIB List of Proposed Drivers (MUST BE KEPT CURRENT): List of drivers is on file in the City Name: Clerk's Office. Address: Date of Birth: Name: Driver's License Number: Address: Date of Birth: Name: Driver's License Number: Address: Date of Birth: .4ttach additional sheet if necessary. Financial Status of Applicant: List any and all unpaid judgments and the nature of the transaction or acts giving rise to such judgment: Please attach Proof of Insurance as required by EC Sect�ion�4.60.100. �:� Signature of Applicant: r Date: Subscribed and sworn before e this 1�2 day of 200 ;7_ 01 NOTARY PUBLIC(Signature) STATE OF WASHINGTON Al LkDW i MARK LUDWIG not ame My Appointment Expires1 NOTARY PUBLIC NOVEMBER 12, 201 S �/ l�- e �o%b My appointment expires: ISSUANCE OF LICENSE FEES: Initial Application Fee for Taxicab Operator's License (for investigation).............................................................. $100.00 Plus for each taxicab to be operated in the City of Edmonds ................ .......... $ 0.00 Or after June M the fee for each taxicab shall be.................................................................................. $15.00 Plus for each driver ($5 licensing fee plus $20 investigation fee)... ................................................................ $25.00 Renewal for Taxicab Operator's License (for each taxicab to be operated in the City of Edmonds) ......................... $30.00 For each previously licensed driver...................................................................................................................$5.00 New drivers pay the $5 licensing fee and the $20 investigation fee............................................................... $25.00 TOTAL FEES PAID: TREASURER'S RECEIPT NU ER: t J:,r .,n $� i. 0 3 - �18�c�3_oL:�lg_zwgf�v �'9k C 1q.-O'VI G�%9�-00le OVV f 1 D 1()-mil r jUvvi2 CONDITIONS: Yes ❑ No If yes, describe: City Clerk: Date: _cnoe METER RATES RATE METER DROP $2m5O MILEAGE PR MEE $2m 0 WAIT TIM MIENPR .60 EXTRAOVER EACH PASSENGER EXCLUDNG CHILDRCHILDREN R�2 ■ � O ACORD,, CERTIFICATE OF LIABILITY INSURANCE °12/06/20° 2 PRODUCER Phone: (206)420-4270 Key Insurance, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5200 Southcenter Blvd Suite 110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tukwila, WA 98188 INSURERS AFFORDING COVERAGE NAIC # INSURER A Acceptance Indemnity Insurance Co INSURED Tac Key Inc. DBA North End Taxi INSURER B., 16409 20th Avenue West INSURERC: Lynnwood, WA 98037 INSURER D:INSURERS COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD1 POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYEE OF IN UPANCE POLICY NUMBER DATE IMMIDDIM LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—IOCCUR DAMAGE TO RENTED PREMISES Ea occurence S MED EXP Any oneperson) S PERSONAL BADVINJURY S GENERAL AGGREGATE S GEN'LAGGREGATELIMITAPPLIESPER- PRODUCTS -COMP/OPAGG $ POLICY F1 TAI= A N AUTOMOBILE LIABILITY ANYAUTO CA00040250 112/0312012 12/03/2013 COMBINED SINGLE LIMIT (Ea accident) $ 350,000 BODILY INJURY I (Per person) X ALL OWNED AUTOS SCHEDULEOAUTOS S BODILY INJURY (Per accident) HIRED AUTOS NON-OWNEDAUTOS S PROPERTY DAMAGE (Per accident) S GARAGE UAB11M AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE _ AGGREGATE $ S $ DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND &STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/E(ECUTNE EL EACH ACCIDENT S E.L. DISEASE- EA EMPLOYEE S OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I E.L DISEASE - POLICY LIMIT S OTHER � I A UIM CA00040250 12103,2012 1-03/2013 1001300 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Evidence of insurance per the attached list of vehicles 01 a:ll l [;I LeLl City of Edmonds Civic Center 121 5th Ave N Edmonds, WA 98020 A anon 1! MnnA /neI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR n, APVYor% P/l00ll0AT7f ki 11000 Printed by KKY on December 06, 2012 at 11:39AM AM-5869 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Roger Neumaier Department: Finance Committee: Subiect Title April 2013 Monthly Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative April 2013 Monthly Financial Report Inbox Finance City Clerk Mayor Finalize for Agenda Form Started By: Sarah Mager Final Approval Date: 06/13/2013 Reviewed By Roger Neumaier Sandy Chase Dave Earling Sandy Chase Submitted By: Sarah Mager Type: Tnfnrm atinn Attachments Form Review Information Date 06/13/2013 01:38 PM 06/13/2013 02:32 PM 06/13/2013 02:34 PM 06/13/2013 02:38 PM Started On: 06/13/2013 01:31 PM 3. D. APRIL 2013 MONTHLY FINANCIAL REPORT r117C 1$9" General Fund activity through April brought a deficit of $2.3 million to fund balances, while the first quarter brought a deficit of $4.2 million. The general fund deficit change from March to April is due mainly to tax revenue received in April. Several specific revenue line items are tracking ahead of budget so far through April. These include Natural Gas Tax (45% of budget), Electric Utility Tax (43% of budget), Gas Utility Tax (46% of budget), Amusements (72% of budget), Franchise Fees (average of 42% of budget), General Business License (84% of budget), Non -Resident Business License (69% of budget), and Real Estate Excise Tax (48% of budget). At the end of April, 33% of the year had expired. Overall, General Fund expenditures are on track with 34% of budget spent to date. Salaries and Wages for all departments are at 33% of budget, and Overtime is at 25% of budget. FUND BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2012 Q1 4/30/2013 Q1 YTD 001-General Fund $ 4,829,369 $ 956,051 $ 2,880,308 $ (3,873,318) $ (1,949,061) 009-Leoff-Medical Ins. Reserve 387,319 294,688 266,128 (92,631) (121,191) 011-Risk Management Fund 244,000 - - (244,000) (244,000) 012 - Contingency Reserve Fund 5,283,425 5,284,522 5,284,868 1,097 1,443 013-Mulitmodal Transportation FD 55,859 55,859 55,859 (0) (0) 014-Historic Preservation Gift Fund 1,064 945 955 (119) (110) 016-Building Maintenance 213,999 213,551 213,495 (448) (504) Total General Fund $ 11,015,035 $ 6,805,616 $ 8,701,611 $ (4,209,419) $ (2,313,424) General Fund 14 12 $11.02 10 $8.70 8 $6.81 ❑ General c c 6 - Fund 4 - 2 Dec2012 Mar2013 ADr2013 1 APRIL 2013 DASHBOARD YEAR TO DATE TREND COMPARED TO PROJECTIONS REFERENCE GENERAL FUND REVENUES General Fund Revenue Positive 21.66% Page 9 Sales & Use Tax Revenue Positive 2.59% Page 10 Gas Utility Tax Revenue V Negatived -13.64% Page 10 Telephone Utility Tax Revenue Neutral 110 1.05% Page 11 Electric Utility Tax Revenue Neutral 110 1.59% Page 11 EXPENDITURES General Fund Expenditures Page 12 NON -GENERAL FUND REVENUES Real Estate Excise Tax Positive 65.97% Page 9 Key to revenue trend indicators: Positive =Positve variance of> 2% compared to projections. 44 Neutral 110, =Variance of -1 % to +2% compared to projections. Warning =Negative variance of-1% to 4% compared to projections. TNegativeT =Negative variance of >-4% compared to projections. 2 GOVERNMENTAL FUNDS OVERVIEW Combined governmental fund activity through April brought a deficit of $834,065 to fund balances. The General Fund was responsible for a deficit of $2.3 million, the special revenue funds for an increase of $1.5 million, and the remaining was due to an increase of $5,923 in the debt service funds. Governmental Fund Balances -By Fund Group Governmental Fund Balances - Combined 14 18 12 $14.56 $11.02 $13.72 10 $11.74 $g 70 General 12 c 8 Fund c $6.81 (Special 6 Revenue $5.00 Debt 6 4 Service $3.53 2 - L . 2 $0.02 Dec2012 Mar2013 Apr2013 Dec2012 Mar2013 Apr2013 3 CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 Q1 4/30/2013 Q1 YTD General Fund $ 11,015,035 $ 6,805,616 $ 8,701,611 $ (4,209,419) $ (2,313,424) Special Revenue 3,530,072 4,921,020 5,003,508 1,390,948 1,473,436 Debt Service 11,014 16,935 16,937 5,921 5,923 Governmental Funds $ 14,556,121 $ 11,743,571 $ 13,722,056 $ (2,812,550) $ (834,065) SPECIAL REVENUE FUNDS OVERVIEW Activity in all special revenue funds year-to-date brought an increase of $1.5 million. The graph below shows the total fund balances for all nineteen special revenue funds as of December 2012, March 2013, and the current ending balance as of April 2013. Special Revenue Funds 6 $4.92 $5.00 5 4 N 0 3 Specia I Revenue 2 1 Dec2012 Mar2013 Apr2013 4 FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- Special Revenue ENTERPRISE FUNDS OVERVIEW Utility Fund Activity through April brought a deficit of $285,103 in the Enterprise Funds. 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 Enterprise Funds- Fund Balances 43,942,247 43,697,210 ,592 +421- Water Utility Fund 43,056,304 t422 - Storm Utility Fund 423 - Sewer/WWTP Utility Fund 7, Dec 2012 Mar 2013 Apr 2013 26 0 ENTERPRISE FUND BALANCES CHANGE IN FUND ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 Q1 4/30/2013 Q1 YTD 421 - Water Utility Fund $ 12,322,592 $ 12,698,431 $ 12,682,626 $ 375,839 $ 360,034 422 - Storm Utility Fund 7,552,075 7,800,453 7,792,880 248,378 240,805 423 - Sewer/WWTP Utility Fund 43,942,247 43,697,210 43,056,304 (245,037) (885,943) Enterprise Funds $ 63,816,914 $ 64,196,094 $ 63,531,811 $ 379,180 $ (285,103 $47, 800,000 $ 37, 800,000 $ 27, 800,000 $17, 800,000 $7,800,000 $(2,200,000) Enterprise Fund Balances as of April 30, 2013 Water Utility Fund Storm Utility Fund Sewer/WWTP Utility Fund 5 SUMMARY OVERVIEW At the end of April, 33% of the year had expired. Year-to-date activity brought a deficit of $872,736 to the City - Wide fund balances, bringing the total to $84.2 million. Of the year-to-date deficit, a deficit of $822,140 was generated by governmental funds, a deficit of $210,813 was generated by Enterprise (Utility) Funds, an increase of $208,859 was generated by Internal Service Funds, and a deficit of $48,643 was generated by the Pension Trust Fund. CHANGE IN FUND FUND BALANCES BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31/2012 Q1 4/30/2013 Q1 YTD Governmental Funds $ 14,556,121 $ 11,743,571 $ 13,733,981 $ (2,812,550) $ (822,140) Enterprise Funds 63,816,914 64,253,540 63,606,101 436,626 (210,813) Internal Services Fund 6,463,723 6,598,033 6,672,582 134,310 208,859 Pension Trust Fund 216,693 177,991 168,050 (38,702) (48,643) City-wide Total j $ 85,053,451 $ 82,773,134 $ 84,180,715 j $ (2,280,317) $ (872,736) Governmental Fund Balances as of April 30, 2013 Limited Tax G.O. Bond Fund $681 L.I.D. Guaranty Fund .1 $22,241 Business Improvement District Fund $11,925 Sister City Commission $8,649 Cemetery Maintenance Trust Fund 1 $921 612 Parks Trust Fund $150,089 Parks Construction Fund 1 $8,26,530 Cemetery Maintenance/Improvement $46,093 Special Projects Fund $13,792 Gifts Catalog Fund $227 97 Real Estate Excise Tax 1, Parks Acq $61 ,737 Real Estate Excise Tax 2 1,261,840 Tourism Promotional Fund/Arts $66,098 Youth Scholarship Fund $14,846 Employee Parking Permit Fund 1 $75,750 Hotel/Motel Tax Revenue Fund $116,690 Memorial Street Fund $17,674 Municipal Arts Acquis. Fund $418, 99 Combined Street Const/Improve $73 514 Street Fund $110,621 Drug Enforcement Fund $133,205 General Fund 8 701,611 $1 $ 2,000,000 Q INTERNAL SERVICE FUNDS OVERVIEW Internal Service Fund activity through April brought an increase of $208,859. We began the year with a fund balance of $6.5 million and currently at the end of April; we see an ending fund balance of $6.7 million. Internal Service Fund Balances 6.46 $6.60 $6.67 6 5 4 511-Equipment Rental Fund 3 2 1 Dec2012 Mar2013 Apr2013 7 FUND BALANCES CHANGE IN FUND INTERNAL SERVICE BALANCES ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 Q1 4/30/2013 Q1 YTD 511 -Equipment Rental Fund $ 6,463,723 $ 6,598,033 $ 6,672,582 $ 134,310 $ 208,859 Internal Service Funds $ 6,463,723 $ 6,598,033 $ 6,672,582 $ 134,310 $ 208,859 INVESTMENT PORTFOLIO SUMMARY Agency/Issuer Investment Ty Washington State Local Investment Pool Government Investment Pool Opus Bank Certificate of Deposit FHLMC Bonds FHLMC Bonds FFCB Bonds TOTAL City of Edmonds Investment Portfolio Summary As of April 30, 2013 (a) Term Purchase Purchase Maturity/ Call* Yield to Weighted (months) Date Price Date Maturity Average Various $15,027,724 Various 0.17% 0.135% Investment Mix State Investment Pool Certificate of Deposit Bonds (a) To maturityor call date, whichever occurs first. 24 9/17/2012 500,000 9/17/2014 0.60% 0.016% 60 12/28/2012 1,000,000 6/28/2013 0.90% 0.049% 54 12/27/2012 1,000,000 6/27/2013 0.75% 0.040% 45 12/19/2012 1,000,000 3/19/2013 0.54% 0.029% 0.27% 0.270% % of Total Summary 81.1 % Current 6-month treasury rate 0.08% 2.7% Current State Pool rate 0.17% 16.2% Blended Edmonds rate 0.27% City of Edmonds, WA Monthly Revenue Summary -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 1,216,011 $ 1,216,011 $ 1,818,957 49.58% February 3,001,808 1,785,798 3,696,503 23.14% March 5,069,810 2,068,001 5,680,288 12.04% April 7,688,984 2,619,174 9,354,134 21.66% May 15,056,423 7,367,439 June 16,705,631 1,649,208 July 18,630,860 1,925,229 August 20,240,653 1,609,794 September 21,816,557 1,575,904 October 24,495,080 2,678,522 November 31,203,426 6,708,346 December 32,858,589 1,655,163 General Fund 15000000 10000000 5000000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC tActuals/Trend Budget *The variance of 21.66% listed above, is a Year End Projected Variance. *The variance listed above is due to the several general fund revenue line items that are tracking ahead of budget at the end of April. City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2013 Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 55,653 $ 88,310 129,657 187,545 241,350 303,047 363,652 430,206 492,808 555,912 604,828 650,000 1200000 55,653 $ 69,441 24.77% 32,657 115,535 30.83% 1000000 41,347 257,285 98.43% 800000 57,887 311,272 65.97% 53,805 600000 61,697 60,605 400000 66,554 200000 62,602 Real Estate Excise Tax 63,105 0 48,916 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 45,172 ---*--Actuals/Trend Budget *The variance of 65.97%listed above, is a Year End Projected Variance. *The variance shown above is due to a larger number of sales transactions than were expected. O City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2013 Sales and Use Tax Cumulative Monthly YTD Variance Sales and Use Tax Budget Forecast Budget Forecast Actuals % 6000000 January $ 390,013 $ 390,013 $ 406,956 4.34% 5000000 February 884,364 494,351 894,736 1.17% 4000000 March 1,235,989 351,625 1,265,893 2.42% April 1,600,252 364,263 1,641,662 2.59% 3000000 May 2,031,316 431,064 June 2,414,769 383,453 2000000 July 2,801,571 386,802 1000000 August 3,255,906 454,335 September 3,657,629 401,723 0 October 4,069,329 411,700 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC November 4,525,665 456,336 December 4,913,150 387,485 --4--Actuals/Trend Budget *The variance of 2.59% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2013 Gas Utility Tax Cumulative Monthly YTD Variance Gas Utility Tax Budget Forecast Budget Forecast Actuals % 900000 January $ 112,509 $ 112,509 $ 94,836-15.71% 800000 February 230,573 118,064 220,665 -4.30% 700000 March 338,041 107,468 303,170-10.32% 600000 April 428,064 90,023 369,694-13.64% 500000 May 504,039 75,974 400000 June 561,033 56,994 July 602,742 41,709 300000 August 632,326 29,584 200000 September 659,759 27,432 100000 October 688,968 29,210 0 November 738,628 49,660 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 811,174 72,546 ---Actuals/Trend Budget *The variance of-13.64% listed above, is a Year End Projected Variance. *The Budget Forecast is taken from a five year average. Due to higher revenues in 2008-2009, the variance from forecast to actual is is greater. 10 City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2013 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 95,577 $ 229,350 376,493 479,057 608,761 713,226 853,959 989,418 1,092,061 1,256,775 1,349,920 1,529,498 l0uk"W 95,577 $ 134,596 40.82% 1400000 133,773 252,444 10.07% 1200000 147,142 366,495 -2.66% 102,564 484,087 1.05% 1000000 129,705 800000 104,465 600000 140,733 400000 135,459 102,643 200000 164,714 0 Telephone Utility Tax 93,146 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 179,578 tActuals/Trend Budget *The variance of 1.05% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2013 Flectric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 151,925 $ 151,925 $ 153,240 February 320,049 168,124 326,077 March 474,600 154,551 487,478 April 631,769 157,169 641,845 May 769,731 137,963 June 882,641 112,909 July 989,535 106,895 August 1,081,971 92,436 September 1,180,465 98,494 October 1,265,812 85,346 November 1,372,881 107,070 December 1,475,638 102,757 10umut) 0.87/ 1400000 1.88 2 71% 1200000 1.59 % 1000000 800000 600000 400000 200000 0 *The variance of 1.59% listed above, is a Year End Projected Variance. Electric Utility Tax JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --#---Actuals/Trend Budget 11 City of Edmonds, WA Monthly Expenditure Report -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals i F General Fund January $ 3,211,752 $ 3,211,752 $4,106,837 27.87% February 5,660,240 2,448,488 5,821,040 2.84% March 7,874,761 2,214,521 9,553,606 21.32% April 10,938,142 3,063,381 11,303,195 3.34% May 12,920,118 1,981,976 June 16,195,870 3,275,752 July 18,970,269 2,774,399 August 21,423,098 2,452,829 September 24,244,769 2,821,671 October 26,551,229 2,306,460 November 29,074,901 2,523,672 December 32,959,503 3,884,602 18000000 12000000 6000000 *The variance of 3.34% listed above, is a Year End Projected Variance. Oa JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC tActuals/Trend Budget City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2013 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals r Non -Departmental 14000000 January $ 1,818,292 $ 1,818,292 $ 2,450,235 34.75% 12000000 February 2,358,291 539,999 2,488,604 5.53% March 2,684,562 326,271 4,520,241 68.38% 10000000 April 3,827,781 1,143,219 4,569,788 19.38% 8000000 May 4,037,949 210,168 June 5,809,316 1,771,367 6000000 July 6,611,919 802,602 4000000 August 6,990,130 378,211 September 7,896,141 906,011 2000000 October 8,278,209 382,068 0 November 8,689,214 411,005 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 11,467,569 2,778,355 ---0--Actuals/Trend Budget *The variance of 19.38%listed above, is a Year End Projected Variance. *The variance shown above is due to the 2nd quarter Fire District #1 payment made in March 2013. 12 City of Edmonds, WA Monthly Expenditure Report -City Council 2013 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals City COUriCIl 300000 Office of Mayor 300000 250000 200000 150000 100000 50000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Actuals/Trend Budget City of Edmonds, WA Monthly Expenditure Report -Human Resources 2013 Human Resources Cumulative Monthly YTD Variance Human Resources Budget Forecast Budget Forecast Actuals % 300000 January $ 21,417 $ 21,417 $ 19,264 -10.05% 250000 February 43,437 22,020 39,680 -8.65% March 71,550 28,113 59,024 -17.51% 200000 April 94,953 23,403 84,440 -11.07% May 119,752 24,799 150000 June 141,891 22,139 July 165,641 23,750 100000 August 186,678 21,037 50000 September 212,715 26,036 +00-4 October 233,346 20,631 0 November 254,495 21,149 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 287,190 32,695 tActuals/Trend Budget *The variance of-11.07% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2013 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals Municipal Court 800000 City of Edmonds, WA Monthly Expenditure Report -Economic Development/Community Services 2013 Economic Development/Community Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals 400000 Economic Development/Community Services 600000 City Clerk 500000 400000 300000 200000 100000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Actuals/Trend Budget City of Edmonds, WA Monthly Expenditure Report -Information Services 2013 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals 1000000 January $ 41,302 $ 41,302 $ 92,733 124.53% February 107,298 65,997 139,675 30.17% 800000 March 158,751 51,453 195,470 23.13% April 207,167 48,416 243,433 17.51% 600000 May 262,166 54,999 June 315,619 53,452 400000 July 362,425 46,806 August 424,811 62,386 200000 September 471,078 46,267 October 532,480 61,402 0 Information Services November 602,576 70,096 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 723,534 120,958 +Actuals/Trend Budget *The variance of 17.51 % listed above, is a Year End Projected Variance. *The variance shown above is due to purchase of the new Broadcast System, as well the temporary contract work for Information Services.. Finance City of Edmonds, WA Monthly Expenditure Report -Finance 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals 1000000 January $ 72,772 $ 72,772 $ 57,510 -20.97% February 139,622 66,850 132,734 -4.93% 800000 March 202,376 62,753 195,061 -3.61% April 261,262 58,886 288,223 10.32% 600000 May 319,205 57,944 June 386,389 67,183 400000 July 447,973 61,584 August 502,922 54,949 200000 September 563,970 61,048 October 632,771 68,802 0 Finance November 699,652 66,881 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 768,484 68,832 Actuals/Trend Budget *The variance of 10.32% listed above, is a Year End Projected Variance *The variance shown above is due to overtime and temporary contract work utilized until the permanent Finance Director position was filled. 16 City of Edmonds, WA Monthly Expenditure Report -City Attorney 2013 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals 500000 City Attorney City of Edmonds, WA Monthly Expenditure Report -Development Services 2013 ent Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Development Services January $ 130,011 $ 130,011 $ 134,416 3.39% February 261,991 131,980 262,483 0.19% March 406,268 144,277 425,124 4.64% April 539,522 133,254 535,005 -0.84% May 673,721 134,199 June 805,445 131,724 July 931,841 126,396 August 1,069,195 137,354 September 1,204,663 135,468 October 1,348,572 143,909 November 1,481,034 132,462 December 1,619,042 138,008 1800000 1600000 1400000 1200000 1000000 800000 600000 400000 200000 4 wo- o JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Actuals/Trend Budget *The variance of -.84% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2013 Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 218,823 $ 218,823 $ 206,466 -5.65% February 455,695 236,872 441,862 -3.04% March 711,038 255,343 687,221 -3.35% April 958,565 247,527 940,767 -1.86% May 1,214,257 255,692 June 1,530,104 315,847 July 1,920,254 390,150 August 2,310,306 390,052 September 2,615,670 305,363 October 2,863,419 247,750 November 3,094,270 230,851 December 3,398,517 304,247 1500000 1000000 500000 0 *The variance of -1.86% listed above, is a Year End Projected Variance. Parks & Recreation JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Actuals/Trend Budget City of Edmonds, WA Monthly Expenditure Report -Public Works 2013 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 27,007 $ 27,007 $ 26,193 -3.01% February 52,806 25,799 53,241 0.82% March 79,315 26,509 80,244 1.17% April 104,820 25,505 106,672 1.77% May 130,712 25,892 June 156,718 26,006 July 192,014 35,296 August 217,880 25,866 September 244,097 26,217 October 270,921 26,824 November 295,226 24,305 December 324,517 29,291 400000 Public Works 350000 300000 250000 200000 150000 100000 50000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Actuals/Trend Budget *The variance of 1.77% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2013 Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 106,672 $ 220,921 343,665 478,949 552,523 670,350 775,460 878,941 997,041 1,099,774 1,211,822 1,344,159 1400000 106,672 $ 98,355 -7.80% 1200000 114,249 209,083 -5.36% 122,743 320,411 -6.77% 1000000 135,284 434,291 -9.32% 800000 73,574 117,826 600000 105,110 400000 103,481 118,100 200000 102,733 0 Facilities Maintenance 112,048 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 132,337 --#---Actuals/Trend Budget *The variance of -9.32% listed above, is a Year End Projected Variance. 19 e ri City of Edmonds, WA Monthly Expenditure Report -Engineering 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 114,876 $ 230,249 344,770 468,067 577,602 692,761 811,020 927,980 1,048,722 1,171, 901 1,285,284 1,394,458 1400000 114,876 $ 116,885 1.75% 1200000 115,373 232,112 0.81% 114,522 347,757 0.87% 1000000 123,296 462,638 -1.16% 800000 109,535 115,159 600000 118,259 400000 116,960 120,742 200000 123,179 0 Engineering 113,383 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 109,174 --#--Actuals/Trend Budget *The variance of -1.16% listed above, is a Year End Projected Variance. 20 CITY OF EDMONDS REVENUES BY FUND - SUMMARY Fund No. Title 2013 Adopted Budget 4/30/2013 Revenues Variance 001 GENERAL FUND $ 32,858,589 $ 9,354,134 $ (23,504,455) 009 LEOFF-MEDICAL INS. RESERVE 350,350 91 (350,259) 011 RISK MANAGEMENT FUND 418,200 220,100 (198,100) 012 CONTINGENCY RESERVE FUND 123,223 1,443 (121,780) 014 HISTORIC PRESERVATION GIFT FUND 15,000 691 (14,309) 016 BUILDING MAINTENANCE 56,900 59 (56,841) 104 DRUG ENFORCEMENT FUND 20,175 17,240 (2,935) III STREET FUND 1,406,800 456,437 (950,363) 112 COMBINED STREET CONST/IMPROVE 6,223,755 762,877 (5,460,878) 117 MUNICIPAL ARTS ACQUIS. FUND 59,891 6,563 (53,328) 118 MEMORIAL STREET TREE 27 5 (22) 120 HOTEL/MOTEL TAX REVENUE FUND 52,870 15,897 (36,973) 121 EMPLOYEE PARKING PERMIT FUND 18,120 5,687 (12,433) 122 YOUTH SCHOLARSHIP FUND 2,025 14 (2,011) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 12,348 (6,652) 125 REAL ESTATE EXCISE TAX 2 662,600 311,571 (351,029) 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 650,600 311,380 (339,220) 127 GIFTS CATALOG FUND 20,483 18,661 (1,822) 129 SPECIAL PROJECTS FUND 222,800 166,187 (56,613) 130 CEMETERY MAINTENANCE/IMPROVEMT 119,950 32,761 (87,189) 132 PARKS CONSTRUCTION FUND 2,010,350 143,231 (1,867,119) 136 PARKS TRUST FUND 228 216 (13) 137 CEMETERY MAINTENANCE TRUSTFD 14,600 3,875 (10,725) 138 SISTER CITY COMMISSION 3,517 2 (3,515) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 202,657 (442,343) 140 BUSINESS IMPROVEMENT DISTRICT FUND - 11,925 11,925 211 L.I.D. FUND CONTROL 22,130 5,916 (16,214) 213 L.I.D. GUARANTY FUND 22,230 7 (22,223) 231 2012 LT GO DEBT SERVICE FUND 1,009,902 - (1,009,902) 411 COMBINED UTILITY OPERATION - 74,291 74,291 421 WATER UTILITY FUND 10,625,680 1,773,207 (8,852,473) 422 STORM UTILITY FUND 3,486,716 1,182,378 (2,304,338) 423 SEWER/WWTP UTILITY FUND 11,020,123 2,731,502 (8,288,621) 511 EQUIPMENT RENTAL FUND 1,361,972 461,053 (900,919) 617 FIREMEN'S PENSION FUND 45,400 52 (45,348) % Received 28 0 53 1 5 0 85 32 12 11 18 30 31 1 91 75 31 1 21 CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Fund No. Title 2013 Adopted Budget 4/30/2013 Expenditures Variance 001 GENERAL FUND $ 32,959,503 $ 11,303,195 $ (21,656,308) 009 LEOFF-MEDICAL INS. RESERVE 619,400 121,283 (498,117) Ol l RISK MANAGEMENT RESERVE FUND 661,000 464,100 (196,900) 014 HISTORIC PRESERVATION GIFT FUND 15,000 800 (14,200) 016 BUILDING MAINTENANCE 205,000 563 (204,437) 104 DRUG ENFORCEMENT FUND 80,033 2,658 (77,375) Ill STREET FUND 1,557,715 459,962 (1,097,753) 112 COMBINED STREET CONST/IMPROVE 6,324,984 212,270 (6,112,714) 117 MUNICIPAL ARTS ACQUIS. FUND 139,800 8,906 (130,894) 118 MEMORIAL STREET TREE - - - 120 HOTEL/MOTEL TAX REVENUE FUND 68,500 5,106 (63,394) 121 EMPLOYEE PARKING PERMIT FUND 26,726 1,429 (25,297) 122 YOUTH SCHOLARSHIP FUND 4,000 1,113 (2,887) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 2,249 (16,751) 125 REAL ESTATE EXCISE TAX 2 1,286,500 34,623 (1,251,877) 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 668,534 - (668,534) 127 GIFTS CATALOG FUND 32,317 7,163 (25,154) 129 SPECIAL PROJECTS FUND 222,800 12,586 (210,214) 130 CEMETERY MAINTENANCE/IMPROVEMT 152,761 40,262 (112,499) 132 PARKS CONSTRUCTION FUND 2,093,200 3,054 (2,090,146) 136 PARKS TRUST FUND - - - 138 SISTER CITY COMMISSION 4,600 135 (4,466) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 202,657 (442,343) 211 L.I.D. FUND CONTROL 22,130 - (22,130) 213 L.I.D. GUARANTY FUND - - - 231 2012 LT GO DEBT SERVICE FUND 1,009,902 - (1,009,902) 421 WATER UTILITY FUND 9,201,851 1,413,173 (7,788,678) 422 STORM UTILITY FUND 4,565,772 941,573 (3,624,199) 423 SEWER/WWTP UTILITY FUND 16,830,109 3,617,445 (13,212,664) 511 EQUIPMENT RENTAL FUND 1,095,372 252,195 (843,177) 617 FIREMEN'S PENSION FUND 108,790 48,694 (60,096) $ 80,620,299 $ 19,157,193 $ (61,463,106) % S 31% 22 CITY OF EDMONDS CHANGE IN FUND BALANCE - S UMMARY Fund 1/1/2013 2013 2013 4/30/2013 No. Title Beg. Balance Revenues Expenditures Difference End. Balance 001 GENERALFUND $ 4,829,369 $ 9,354,134 $ 11,303,195 $ (1,949,061) $ 2,880,308 009 LEOFF-MEDICAL INS. RESERVE 387,319 91 121,283 (121,191) 266,128 011 RISK MANAGEMENT RESERVE FUND 244,000 220,100 464,100 (244,000) - 012 CONTINGENCY RESERVE FUND 5,283,425 1,443 - 1,443 5,284,868 013 MULTIMODAL TRANSPORTATION FD. 55,859 - - - 55,859 014 HISTORIC PRESERVATION GIFT FUND 1,064 691 800 (109) 955 016 BUILDING MAINTENANCE 213,999 59 563 (504) 213,495 TOTAL GENERAL FUND 11,015,035 9,576,517 11,889,941 (2,313,423) 8,701,611 104 DRUG ENFORCEMENT FUND 118,622 17,240 2,658 14,583 133,205 III STREET FUND 114,146 456,437 459,962 (3,525) 110,621 112 COMBINED STREET CONST/IMPROVE (477,093) 762,877 212,270 550,606 73,514 117 MUNICIPAL ARTS ACQUIS. FUND 421,142 6,563 8,906 (2,343) 418,799 118 MEMORIAL STREET TREE 17,669 5 - 5 17,674 120 HOTEL/MOTEL TAX REVENUE FUND 105,899 15,897 5,106 10,790 116,690 121 EMPLOYEE PARKING PERMIT FUND 71,492 5,687 1,429 4,258 75,750 122 YOUTH SCHOLARSHIP FUND 15,945 14 1,113 (1,099) 14,846 123 TOURISM PROMOTIONAL FUND/ARTS 55,999 12,348 2,249 10,099 66,098 125 REAL ESTATE EXCISE TAX 2 984,892 311,571 34,623 276,948 1,261,840 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ 308,357 311,380 - 311,380 619,737 127 GIFTS CATALOG FUND 216,473 18,661 7,163 11,498 227,971 129 SPECIAL PROJECTS FUND (139,809) 166,187 12,586 153,600 13,792 130 CEMETERY MAINTENANCE/IMPROVEMT 53,593 32,761 40,262 (7,500) 46,093 132 PARKS CONSTRUCTION FUND 686,352 143,231 3,054 140,178 826,530 136 PARKS TRUST FUND 149,873 216 - 216 150,089 137 CEMETERY MAINTENANCE TRUSTFD 817,737 3,875 - 3,875 821,612 138 SISTER CITY COMMISSION 8,781 2 135 (132) 8,649 139 TRANSPORTATION BENEFIT DISTRICT - 202,657 202,657 - - 140 BUSINESS IMPROVEMENT DISTRICT FUND - 11,925 - 11,925 11,925 211 L.I.D. FUND CONTROL 3,496 5,916 - 5,916 9,412 213 L.I.D. GUARANTY FUND 22,234 7 - 7 22,241 231 2012 LT GO DEBT SERVICE FUND (15,397) - - - (15,397) 234 LIMITED TAX G.O. BOND FUND, 681 - - - 681 411 COMBINED UTILITY OPERATION - 74,291 - 74,291 74,291 421 WATER UTILITY FUND 12,322,592 1,773,207 1,413,173 360,034 12,682,626 422 STORM UTILITY FUND 7,552,075 1,182,378 941,573 240,805 7,792,880 423 SEWER/WWTP UTILITY FUND 43,942,247 2,731,502 3,617,445 (885,943) 43,056,304 511 EQUIPMENT RENTAL FUND 6,463,723 461,053 252,195 208,859 6,672,582 617 FIREMEN'S PENSION FUND 216,693 52 48,694 (48,642) 168,050 TOTALALLFUNDS $ 85,053,451 $ 18,284,457 $ 19,1579193 $ (872,736) $ 84,1809715 We are currently using the estimated 2012 ending fund balance numbers for funds 421, 422, and 423. These will be updated when actuals are in; due to the change in how these funds are structured. 23 This page is intentionally left blank. 24 Title CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 4/30/2013 Budget Revenues Variance Page 1 of 3 %Received TAXES: REAL PERSONAL / PROPERTY TAX $ 9,781,109 $ 1,885,738 $ (7,895,371) 19% EMS PROPERTY TAX 2,775,282 584,313 (2,190,969) 21% VOTED PROPERTY TAX 916,103 185,918 (730,185) 20% LOCAL RETAIL SALES✓USE TAX 4,913,150 1,641,662 (3,271,488) 33% NATURAL GAS USE TAX 8,706 3,880 (4,826) 45% 1/10 SALES TAX LOCAL CRIM JUST 520,417 185,249 (335,168) 36% ELECTRIC UTILITY TAX 1,475,638 641,845 (833,793) 43% GASUTILITYTAX 811,174 369,694 (441,480) 46% SOLID WASTE UTILITY TAX 287,710 99,793 (187,917) 35% WAT ER UT ILIT Y T AX 904,613 271,544 (633,069) 30% SEWER UTILITY TAX 470,000 155,496 (314,504) 33% STORMWATER UTILITY TAX 274,600 104,112 (170,488) 38% T.V. CABLE UTILITY TAX 730,910 196,078 (534,832) 27% TELEPHONE UTILITY TAX 1,529,498 484,087 (1,045,411) 32% PULLTABS TAX 61,385 24,510 (36,875) 40% AMUSEMENT GAMES 731 100 (631) 14% LEASEHOLD EXCISE TAX 212,350 53,966 (158,384) 25% PENALTIES ON GAMBLING TAXES - - 0% 25,673,376 6,887,984 (18,785,392) 27% LICENSES AND PERMITS: FIRE PERMITS -SPECIAL USE 5,555 4,400 (1,155) 79% PROF AND OCC LICENSE -TAXI 1,030 300 (730) 29% AMUSEMENTS 6,060 4,350 (1,710) 72% FRANCHISE AGREEMENT -COMCAST 627,816 167,992 (459,824) 27% FRANCHISE AGREEMENT-VERIZON/FRONTIER 95,806 43,825 (51,981) 46% FRANCHISE AGREEMENT -BLACKROCK 8,287 5,710 (2,577) 69% FRANCHISE AGREMENT-ZAYO - 5,000 5,000 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 214,415 52,692 (161,723) 25% GENERAL BUSINESS LICENSE 106,297 89,650 (16,647) 84% DEV SERV PERMIT SURCHARGE 18,422 7,245 (11,177) 39% NON-RESIDENT BUS LICENSE 39,274 27,050 (12,224) 69% RIGHT OF WAY FRANCHISE FEE 9,500 9,773 273 103% BUILDING STRUCTURE PERMITS 345,436 99,995 (245,441) 29% ANIMAL LICENSES 13,205 4,370 (8,835) 33% STREET AND CURB PERMIT 50,000 3,909 (46,091) 8% OT R NON -BUS LIC/PERMIT S 7,070 3,601 (3,469) 51 % DIVE PARK PERMIT FEE - - - 0% 1,548,173 529,862 (1,018,311) 34% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 1,191 - (1,191) 0% TARGET ZERO TEAMS GRANT 10,000 1,480 (8,520) 15% HIGH VISIBILITY ENFORCEMENT 6,000 776 (5,224) 13% SMART COMMUTER PROJECT GRANT - 250 250 0% PUD PRIVILEDGE TAX 185,181 - (185,181) 0% MVET/SPECIAL DISTRIBUTION 8,828 4,562 (4,266) 52% JUDICIAL SALARY CONTRIBUTION -STATE 12,572 3,134 (9,438) 25% CRIMINAL JUSTICE -SPECIAL PROGRAMS 33,290 17,090 (16,200) 51% DUI - CITIES 7,704 3,597 (4,107) 47% LIQUOR EXCISE TAX 20,000 - (20,000) 0% LIQUOR BOARD PROFITS 301,761 89,450 (212,311) 30% SHARED COURT COSTS 3,030 - (3,030) 0% MUNICIPAL COURT AGREEMENT W/LYNNWOOD 1,500 - (1,500) 0% 591,057 120,339 (469,218) 20% 25 Title C ITY O F EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 4/30/2013 Budget Revenues Variance Page 2 of 3 %Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,065 266 (799) 25% D/M COURT REC SER 172 14 (158) 8% MUNIC.-DIST. COURT CURREXPEN 188 47 (141) 25% SALE MAPS & BOOKS 72 68 (4) 95% PHOTOCOPIES 4,572 1,075 (3,497) 24% POLICE DISCLOSURE REQUESTS 4,500 1,501 (2,999) 33% ASSESSMENT SEARCH 5 - (5) 0% ENGINEERING FEES AND CHARGES 100,000 31,160 (68,840) 31% ELECTION CANDIDATE FILING FEES 1,011 - (1,011) 0% SNO-ISLE 57,236 36,542 (20,694) 64% PASSPORTS AND NATURALIZATION FEES 9,571 3,500 (6,071) 37% POLICE SERVICES SPECIAL EVENTS 26,000 - (26,000) 0% OCDETF OVERTIME - 1,800 1,800 0% CAMPUS SAFETY-EDM. SCH. DIST. 11,615 - (11,615) 0% WOODWAY-LAW PROTECTION 36,000 11,770 (24,230) 33% MISCELLANEOUS POLICE SERVICES 2,750 - (2,750) 0% DUI EMERGENCY FIRE SERVICES 532 382 (150) 72% FIRE DISTRICT #1 STATION BILLINGS 27,808 13,304 (14,504) 48% ADULT PROBATION SERVICE CHARGE 60,000 16,300 (43,700) 27% ELECTRONIC MONITOR DUI 165 - (165) 0% BOOKING FEES 5,711 1,796 (3,915) 31 % FIRE CONSTRUCTION INSPECTION FEES 5,577 2,130 (3,447) 38% EMERGENCY SERVICE FEES 23,976 4,343 (19,633) 18% DUI EMERGENCY AID 67 - (67) 0% EMS TRANSPORT USER FEE 814,318 412,923 (401,395) 51% POLICE - FINGERPRINTING 496 35 (461) 7% CRIM CNV FEE DUI 698 180 (518) 26% CRIM CONV FEE CT 4,360 1,516 (2,844) 35% CRIM CONV FEE CN 1,624 412 (1,212) 25% FIBER SERVICES 36,438 10,960 (25,478) 30% INTERGOVERNMENTAL FIBER SERVICES 7,272 2,400 (4,872) 33% FLEX FUEL PAYMENTS FROM STATIONS 213 394 181 185% ANIMAL CONTROL SHELTER 6,616 1,740 (4,876) 26% ZONING/SUBDIVISION FEE 38,000 23,985 (14,015) 63% PLAN CHECKING FEES 216,457 73,743 (142,714) 34% FIRE PLAN CHECK FEES 2,911 650 (2,261) 22% PLANNING 1%INSPECTION FEE 1,200 75 (1,125) 6% S.E.P.A. REVIEW 5,000 3,395 (1,605) 68% CRITICAL AREA STUDY 12,000 4,960 (7,040) 41% DV COORDINATOR SERVICES 10,921 3,691 (7,230) 34% SWIM POOL ENTRANCE FEES 56,000 - (56,000) 0% GYM AND WEIGHT ROOM FEES 5,500 2,274 (3,226) 41% LOCKER FEES 300 - (300) 0% SWIM CLASS FEES 32,000 (32,000) 0% INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 - (69,300) 0% PROGRAM FEES 780,000 253,643 (526,357) 33% TAXABLE RECREATION ACTIVITIES 115,500 51,634 (63,866) 45% SWIM TEAM/DIVE TEAM 31,600 - (31,600) 0% BIRD FEST REGISTRATION FEES 660 - (660) 0% INTERFUND REIMBURSEMENT -CONTRACT SVCS 1.520.248 575.683 (944.565) 38% 26 Title C ITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 4/30/2013 Budget Revenues Variance Page 3 of 3 %Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 10,214 3,182 (7,032) 31% TRAFFIC INFRACTION PENALTIES 24,000 8,290 (15,710) 35% NC TRAFFIC INFRACTION 213,000 78,135 (134,865) 37% CRT COST FEE CODE LEG ASSESSMENT (LGA) 20,086 5,979 (14,107) 30% SPEEDING DOUBLE 77 77 (0) 100% NON -TRAFFIC INFRACTION PENALTIES 2,034 - (2,034) 0% OTHER INFRACTIONS'04 1,002 725 (277) 72% PARKING INFRACTION PENALTIES 31,592 14,946 (16,646) 47% PR -HANDICAPPED 794 - (794) 0% PARKING INFRACTION LOC 404 - (404) 0% PARK/INDDISZONE 3,000 733 (2,267) 24% DWI PENALTIES 9,200 301 (8,899) 3% DUI - DP ACCT 415 667 252 161% OTHER CRIMINAL TRAF MISDEM PEN 8 - (8) 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 33,000 10,000 (23,000) 30% CRIMINAL CONVICTION FEE CT - 74 74 0% OT HER NON-T RAF MISDEMEANOR PEN 539 61 (478) 11 % OTHER NON TRAFFIC MISD. 8/03 14,000 (2,320) (16,320) -17% COURT DV PENALTY ASSESSMENT 1,491 532 (959) 36% CRIMINAL CONVICTION FEE CN - 57 57 0% CRIMINAL COSTS-RECOUPMENTS 113,265 32,244 (81,021) 28% PUBLIC DEFENSE RECOUPMENT 40,000 7,706 (32,294) 19% COURT INT ERP RET ER COST S 292 36 (257) 12% BUS. LICENSE PERMIT PENALTY 7,444 2,630 (4,814) 35% MISC FINES AND PENALTIES 485 1,510 1,025 311% 526,342 165,565 (360,777) 31% MISCELLANEOUS: INVESTMENT INTEREST 8,000 144 (7,856) 2% INTEREST ON COUNTY TAXES 1,250 387 (863) 31% INTEREST - COURT COLLECTIONS 5,491 1,080 (4,411) 20% PARKING 8,790 3,160 (5,630) 36% SPACE/FACILITIESRENTALS 140,000 19,962 (120,038) 14% BRACKET ROOM RENTAL 3,040 2,440 (600) 80% LEASES LONG-TERM 143,000 56,937 (86,063) 40% VENDING MACHINE/CONCESSION 4,500 1,007 (3,493) 22% OTHER RENTS& USE CHARGES 6,200 1,125 (5,075) 18% PARKS DONATIONS 4,300 7,500 3,200 174% BIRD FEST CONTRIBUTIONS 1,400 200 (1,200) 14% PARKS GRANTS- PRIVATE SOURCES - 1,235 1,235 0% SALE OF JUNK/SALVAGE 1,486 - (1,486) 0% SALES OF UNCLAIM PROPERTY 1,750 1,592 (158) 91% CONFISCATED AND FORFEITED PROPERTY - 358 358 0% POLICE JUDGMENTS/RESTITUTION 465 40 (425) 9% CASHIER'S OVERAGES/SHORTAGES 44 1 (43) 2% OTHER MISC REVENUES 3,000 2,572 (428) 86% SMALL OVERPAYMENT 66 2 (64) 3% NSF FEES - PARKS & REC 182 30 (152) 16% NSF FEES - MUNICIPAL COURT 978 233 (745) 24% NSF FEES- POLICE 91 - (91) 0% NSF FEES - DEVELOPMENT SERVICES DEPT - 90 90 0% 334,033 100,092 (234,031) 30% TRANSFERS -IN: INSURANCE RECOVERIES - - - 0% INTERFUND TRANSFER -IN - - 0% INTERFUND TRANSFER- In (From 121) 25,086 (25,086) 0% INTERFUND TRANSFER (From 127) 12,297 (12,297) 0% 37,383 - (37,383) 0% TOTAL GENERAL FUND REVENUE $ 32,858,589 S 9,354,134 $ (23,503,045) 28% 27 This page is intentionally left blank. W:3 Title SALARIES AND WAGES OVERTIME HOLIDAY BUY BACK BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES ECA CONTINGENCY RESERVE EXCISE TAXES INT ERFUND TRANSFER (009,111,112,116) MACHINERY/EQUIPMENT GENERAL OBLIGATION BOND PRINCIPAL CAPITAL LEASES AND INSTALLMENT PURCHASES OTHER DEBT INTEREST ON LONG-TERM EXTERNAL DEBT DEBT ISSUE COSTS INTERFUND SERVICES INTERFUND RENTAL LEO FF-MEDIC AL INS. RESERVE(009) BENEFITS IN HOME LTC CLAIMS PROFESSIONAL SERVICES MISCELLANEOUS RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS HISTORIC PRESERVATION GIPTFUND (014) SUPPLIES PROFESSIONAL SERVICES ADVERTISING MISCELLANEOUS BUILDING MAINTENANCE SUBFUND (016) SUPPLIES PROFESSIONAL SERVICES REPAIRS & MAINTENANENCE CONSTRUCTION PROJECTS DRUG INFO RCEMENTFUND (104) SUPPLIES FUEL CONSUMED SMALL EQUIPMENT COMMUNICATIONS REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 4/30/2013 Budget Expenditures $ 12,069,872 $ 3,930,021 $ 415,100 104,360 193,388 802 4,094,462 1,346,853 61,110 17,596 374,244 92,342 117,050 44,869 1,949,484 466,491 204,660 60,969 36,742 2,711 40,865 5,845 834,943 274,526 396,193 397,566 414,600 147,082 320,547 128,079 279,880 94,109 8,099,655 3,893,689 190,000 - 5,500 993 1,325,185 255,078 85,000 22,735 946,595 - 64,014 - - 478 185,614 - 5,000 - 201,800 - 48,000 16,000 $ 435,000 $ 79,011 $ 176,400 35,901 8,000 6,081 - 290 Variance (8,139,851) (310,740) (192,586) (2,747,609) (43,514) (281,902) (72,181) (1,482,993) (143,691) (34,031) (35,020) (560,417) 1,373 (267,518) (192,468) (185,771) (4,205,966) (190,000) (4,507) (1,070,107) (62,265) (946,595) (64,014) 478 (185,614) (5,000) (201,800) (355,989) (140,499) (1,919) 290 $ 661,000 464,100 (196,900 $ 2,000 $ - $ (2,000) 2,000 - (2,000) 1,000 - (1,000) 10.000 800 (9.200) Page 1 of 6 % Used 33% 25% 0% 33% 38% 24% 30% 7% 14% 33% 100% 35% 40% 34% 48% 0% 18% 19% 27% 0% 0% 0% 0% 0% 0% 33% 18% 20% 76% 0% 0% 0% 0% 8% $ 10,000 $ - $ (10,000) 0% 20,000 70 (19,930) 0% 5,000 493 (4,507) 10% 170,000 - (170,000) 0% 205,000 563 (34,437) 0% $ $ - $ - 0% 2,000 1,523 (477) 76% 5,000 - (5,000) 0% 2,233 1,134 (1,099) 51% 800 - (800) 0% 20,000 - (20,000) 0% 50,000 - (50,000) 0% 29 Page 2 of 6 Title SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TRANSFER GENERAL OBLIGATION BOND PRINCIPAL INTEREST ON LONG-TERM EXTERNAL DEBT COMBINED STREETCONST/IMPROVE(112) PROFESSIONAL SERVICES INTERFUND TRANSFER OUT (to 112,117) LAND CONST SURFACE CONST PROJECTS INTERGOVERNMENTAL LOANS INTEREST ON INTERGOVERNMENTAL LOANS INTERFUND SERVICES MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES TRAVEL ADVERTISING RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS INTERFUND TRANSFER MEMO RIAL S TREET TREE FUND (118) SUPPLIES HO TEL/MO TEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES ADVERTISING MISCELLANEOUS INTERFUND TRANSFERS (to 117, 132) EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES SMALL EQUIPMENT INTERFUND TRANSFER (to 001) YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS TO URISM PRO MO TIO NAL FUND/ARTS (123) PROFESSIONAL SVC ADVERTISING MISCELLANEOUS C TTY O F IDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 4/30/2013 Budget Expenditures $ 447,655 $ 138,785 $ 18,400 6,487 197,283 59,726 6,000 3,520 240,000 39,829 26,000 - 32,700 4,071 3,500 832 1,000 - 350 - 159,134 52,450 87,204 87,201 267,750 64,254 25,000 2,313 8,000 405 4,000 89 31,665 - 074 _ Variance (308,870) (11,913) (137,557) (2,480) (200,171) (26,000) (28,629) (2,668) (1,000) (350) (106,684) (3) (203,496) (22,687) (7,595) (3,911) (31,665) (2.074) % Used 31% 35% 30% 59% 17% 0% 12% 24% 0% 0% 33% 100% 24% 9% 5% 2% 0% 0% 0% $ 1,152,100 $ 96,675 $ (1,055,425) 8% 378,500 - (378,500) 0% 909,400 - (909,400) 0% 3,502,300 75,590 (3,426,710) 2% 72,203 - (72,203) 0% 4,481 - (4,481) 0% 306,000 40,005 (265,995) 13% $ 4,200 $ 18 $ (4,182) 0% 1,000 - (1,000) 0% 116,700 4,473 (112,227) 4% 50 12 (38) 24% 4,000 3,700 (300) 93% 550 - (550) 0% 300 - (300) 0% 10,000 702 (9,298) 7% 3.000 (3,000) 0% $ $ $ 0% $ $ - 0% $ 14,500 $ $ (14,500) 0% 37,500 5,006 (32,494) 13% 2,500 100 (2,400) 4% 14,000 - (14,000) 0% 68,500 5,106 (63,394) 7% $ 1,640 $ 874 $ (766) 53% - 555 25,086 - (25,086) 0% $ 10,500 $ 1,697 $ 4,500 553 a nnn - (8,803) 16% (3,948) 12% (4,000) 0% 30 Page 3 of 6 Title REAL ESTATE EXCISE TAX 2 (125) SUPPLIES PROFESSIONAL SERVICES ADVERTISING UTILITIES REPAIRS & MAINTENANCE INTERFUND TRANSFER (to 132) CONSTRUCTION PROJECTS INTERFUND SERVICES REAL ES TATE EXC IS E TAX 1, PARKS AC Q (126) MISCELLANEOUS TRANSFER TO FUND 231 LAND GENERAL OBLIGATION BONDS INTEREST GIFTS CATALOG FUND (127) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER (to 001) SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES CONSTRUCTION PROJECTS INTERFUND SERVICES C ENIL'=Y MAINTENANC FIIMPRO VEMENT (130) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SUPPLIES PURCHASED FOR INVENTORY/RESALE PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS MACHINERY/EQUIPMENT INTERFUND SERVICES PARKS CONSTRUCTION FUND (132) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER CONSTRUCTION PROJECTS INTERFUND SERVICES PARKS TRUST FUND (136) INTERFUND TRANSFER SISTER CITY COMMISSION (138) SUPPLIES STUDENT TRIP MISCELLANEOUS TRANSPORTATION BENEFIT DIS TRIC T (139) PROFESSIONAL SERVICES INSURANCE INTERFUND TRANSFER C ITY O F IDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 4/30/2013 Budget Expenditures $ 29,000 $ 23,098 $ 337,000 1,876 - 148 185,000 9,500 635,500 - 100,000 - 438,910 - 200,000 - 17,550 - 12,074 - 668,534 - $ 14,020 $ 1,013 $ 6,000 6,150 12,297 - 32,317 7,163 $ 31,700 $ - $ 171,600 - 19,500 12,586 222,800 12,586 $ 68,605 $ 23,058 $ 3,500 371 33,188 10,511 1,000 - 7,000 373 20,000 2,385 1,000 - 1,412 466 500 - 3,000 251 5,256 1,752 3,800 - 500 - 4,000 1,094 1,907,500 1,940 182,700 3.000 1 A 14 Variance (5,902) (335,124) 148 (175,500) (635,500) (100,000) (438,910) (200,000) (17,550) (12,074) (668,534) (13,007) 150 (31,700) (171,600) (6,914) (210,214) (45,547) (3,129) (22,677) (1,000) (6,627) (17,615) (1,000) (946) (500) (2,749) (3,504) (3,800) (500) (2,906) (1,905,560) (182,700) (1.886) % Used 80% 1% 0% 0% 5% 0% 0% 0% 3% 0% 0% 0% 7% 103% 0% 22% 0% 0% 34% 11% 32% 0% 5% 12% 0% 33% 0% 8% 33% 0% 0% 27% 0% 0% 26% 0% 0% 0% 0% 37% $ $ - $ - 0% - - 0% $ 500 $ 2,600 1,500 - $ - 135 (500) (2,600) (1,366) 0% 0% 9% 4,600 135 4,466 3% $ $ 5,000 640,000 1,756 $ 5,000 195,902 1,756 - (444,098) 0% 100% 31% 645,000 S 202,657 (442,343) 31% 31 Title INTERFUND TRANSFER LID GUARANTY FUND (213) INTERFUND TRANSFER 2012 LTGO DEBTSERVIC FUND (231) GENERAL OBLIGATION BOND INTEREST DEBT ISSUE COSTS WATER FUND (421) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED WATER PURCHASED FOR RESALE SUPPLIES PURCHASED FOR INVENTORY/RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXES INTERFUND TRANSFER (to 117,414) MACHINERY/EQUIPMENT CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST DEBT ISSUE COSTS OTHER INTEREST & DEBT SERVICE COSTS INTERFUND SERVICES INTERFUND REPAIR C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 4/30/2013 Budget Expenditures $ 22,130 $ - $ 22,130 - $ 825,372 $ - $ 184,530 - 1,009,902 - $ 756,455 $ 237,867 $ 24,180 7,052 285,866 98,402 6,840 2,836 143,505 19,916 1,725,000 287,250 140,000 33,515 10,400 269 173,136 56,517 30,280 12,899 3,400 - 560 - 91,205 30,796 67,699 67,607 28,000 16,022 24,160 667 307,630 110,509 30,000 10,079 904,893 271,544 927,500 - 85,000 - 2,532,580 - 2,025 - 209,471 - 45,839 - 280,306 - 16,553 - - 175 349,368 149,204 - 48 Variance (22.1 (825,372) (184,530) (518,588) (17,128) (187,464) (4,004) (123,589) (1,437,750) (106,485) (10,131) (116,619) (17,381) (3,400) (560) (60,409) (92) (11,978) (23,493) (197,121) (19,921) (633,349) (927,500) (85,000) (2,532,580) (2,025) (209,471) (45,839) (280,306) (16,553) 175 (200,164) 48 Page 4 of 6 % Used 0% 0% 0% 0% 0% 0% 0% 31% 29% 34% 41% 14% 0% 17% 24% 3% 33% 43% 0% 0% 34% 100% 57% 3% 36% 34% 30% 0% 0% 0% 0% 0% 0% 0% 0% 0% 43% 0% 32 Title C ITY O F IDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 4/30/2013 Budget Expenditures Variance Page 5 of 6 %Used STORM FUND (422) SALARIES AND WAGES $ 568,591 $ 185,539 $ (383,052) 33% OVERTIME 6,000 2,789 (3,211) 46% BENEFITS 232,141 75,758 (156,383) 33% UNIFORMS 6,540 3,841 (2,699) 59% SUPPLIES 50,000 9,194 (40,806) 18% SMALL EQUIPMENT 4,400 164 (4,236) 4% PROFESSIONAL SERVICES 599,190 231,273 (367,917) 39% COMMUNICATIONS 3,480 420 (3,060) 12% TRAVEL 4,300 654 (3,646) 15% ADVERTISING 500 - (500) 0% RENTAL/LEASE 217,412 70,941 (146,471) 33% INSURANCE 8,418 8,407 (11) 100% UTILITES 10,000 3,182 (6,818) 32% REPAIR & MAINTENANCE 11,860 5,797 (6,063) 49% MISCELLANEOUS 106,100 35,041 (71,059) 33% INTERGOVERNMENTAL SERVICES 45,000 16,763 (28,237) 37% INTERFUND TAXESAND OPERATING ASSESSMENT 291,600 104,112 (187,488) 36% INTERFUND TRANSFER (to 112, 117) 237,766 - (237,766) 0% CONSTRUCTION PROJECTS 1,458,400 - (1,458,400) 0% GENERAL OBLIGATION BONDS 101,469 - (101,469) 0% REVENUE BONDS 82,906 - (82,906) 0% INTERGOVERNMENTAL LOANS 32,063 - (32,063) 0% INTEREST 187,245 - (187,245) 0% OTHER INTEREST & DEBT SERVICE COSTS - 83 83 0% INTERFUND PROFESSIONAL SERVICES 300,391 187,615 (112,776) 62% 4,565,772 941,573 (3,624,199) 21% SEWER FUND (423) SALARIES AND WAGES $ 1,653,859 $ 517,620 $ (1,136,239) 31% OVERTIME 73,000 38,312 (34,688) 52% BENEFITS 677,979 210,921 (467,058) 31% UNIFORMS 11,190 6,884 (4,306) 62% SUPPLIES 482,505 83,968 (398,537) 17% FUEL CONSUMED 90,000 62,986 (27,014) 70% SUPPLIES PURCHASED FOR INV OR RESALE 3,000 - (3,000) 0% SMALL EQUIPMENT 16,400 2,044 (14,356) 12% PROFESSIONAL SERVICES 1,024,236 421,769 (602,467) 41% COMMUNICATIONS 40,280 11,802 (28,478) 29% TRAVEL 7,400 - (7,400) 0% ADVERTISING 2,500 - (2,500) 0% RENTAL/LEASE 133,736 43,928 (89,808) 33% INSURANCE 157,117 156,092 (1,025) 99% UTILITIES 931,200 389,854 (541,346) 42% REPAIR & MAINTENANCE 90,000 41,641 (48,359) 46% MISCELLANEOUS 211,100 72,559 (138,541) 34% INTERGOVERNMENTAL SERVICES 290,000 42,648 (247,352) 15% INTERFUND TAXESAND OPERATING ASSESSMENT 470,000 155,496 (314,504) 33% INTERFUND TRANSFERS (to 414, 423) 1,125,280 - (1,125,280) 0% MACHINERY/EQUIPMENT 141,000 - (141,000) 0% CONSTRUCTION PROJECTS 7,924,700 1,173,021 (6,751,679) 15% GENERAL OBLIGATION BONDS 195,602 - (195,602) 0% REVENUE BONDS 222,625 - (222,625) 0% INTERGOVERNMENTAL LOANS 138,939 - (138,939) 0% INTEREST 125,421 - (125,421) 0% DEBT ISSUE COSTS 16,551 - (16,551) 0% OTHER INTEREST & DEBT SERVICE COSTS - 41 41 0% INTERFUND PROFESSIONAL SERVICES 574,489 185,859 (388,630) 32% 16,830,109 3,617,445 (13,212,664) 21% 33 Page 6 of 61 Title SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED SUPPLIES PURCHASED FOR INVENTORY/RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES MACHINERY/EQUIPMENT INTERFUND SERVICES FIRI M EN'S PENSION FUND (617) BENEFITS PENSION AND DISABILITY PAYMENTS PROF SERVICES TOTAL EXPENDITURE ALL FUNDS C rTY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 4/30/2013 Budget Expenditures $ 228,064 $ 48,517 $ 1,000 886 100,397 23,398 1,000 356 76,000 19,066 1,000 - 321,800 48,932 8,000 576 1,000 931 3,000 431 9,996 3,097 34,083 34,153 14,000 4,784 60,000 17,557 6,000 2,466 2,500 119 217,532 46,927 10.000 - $ 63,000 $ 13,504 $ 43,790 34,021 2,000 1,169 Variance (179,547) (114) (76,999) (644) (56,934) (1,000) (272,868) (7,424) (69) (2,569) (6,899) 70 (9,216) (42,443) (3,534) (2,381) (170,605) (49,496) (9,769) (831) % Used 21% 89% 23% 36% 15% 7% 93% 14% 31% 100% 34% 29% 41% 5% 22% 0% 21% 78% 58% 34 Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES DEVELOPMENT SERVICES PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE Title WATER UTILITY FUND STORM UTILITY FUND SEWER/WWTP UTILITY FUND CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2013 Adopted Budget 273,623 $ 238,374 287,190 729,506 586,831 1,492,018 499,200 11,467,569 8,931,185 373,314 1,619,042 3,398,517 1,718,975 1,344,159 32.959.503 $ 4/30/2013 penditures 83,350 $ 78,215 84,440 232,844 174,295 531,656 163,684 4,569,788 2,792,819 112,729 535,005 940,767 569,310 434,291 11.303.195 $ Variance (190,273) (160,159) (202,750) (496,662) (412,536) (960,362) (335,516) (6,897,781) (6,138,366) (260,585) (1,084,037) (2,457,750) (1,149,665) CITY OF EDMONDS EXPENDITURES - UTILITY- BY FUND IN S UMMARY 2013 Adopted Budget $ 9,201,851 $ 4,565,772 16,830,109 $ 30,597,732 $ 4/30/2013 .penditures 1,413,173 $ 941,573 3,617,445 5,972,190 $ 1 Variance (7,788,678) (3,624,199) (13,212,664) (24,625,542) % Used % Used 30% 33% 29% 32% 30% 36% 33% 40% 31% 30% 33% 28% 33% 32% 34% 15% 21% 21% 20% This page is intentionally left blank. 36 Page 1 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Adopted 4/30/2013 Title Budget Expenditures Variance %Used CITY COUNCIL SALARIES $ 114,618 $ 39,372 $ (75,246) 34% OVERTIME 2,000 222 (1,778) 11% BENEFITS 68,165 23,144 (45,021) 34% SUPPLIES 1,000 88 (912) 9% PROFESSIONAL SVC 53,082 18,788 (34,294) 35% COMMUNICATIONS 3,000 780 (2,220) 26% TRAVEL 2,500 358 (2,142) 14% RENTAL/LEASE 490 147 (343) 30% REPAIRS✓MAINT 1,500 - (1,500) 0% MISCELLANEOUS 27,268 450 (26,818) 2% 273,623 83,350 (190,273) 30% O FFIC E O F MAYO R SALARIES $ 183,722 $ 61,995 $ (121,727) 34% OVERTIME - - - 0% BENEFITS 41,852 13,931 (27,921) 33% SUPPLIES 2,000 804 (1,196) 40% PROFESSIONAL SVC 1,500 29 (1,471) 2% COMMUNICATION 1,400 255 (1,145) 18 % TRAVEL 2,000 282 (1,718) 14% RENTAL/LEASE 2,400 630 (1,770) 26% REPAIR/MAINT 500 - (500) 0% MISCELLANEOUS 3,000 288 (2,712) 10% 238,374 78,215 S (160,159) 3307o HUMAN RES O URC ES SALARIES $ 169,000 S 52,929 $ (116,071) 31% OVERTIME - - - 0% BENEFITS 6L680 15,992 (45,688) 26% SUPPLIES 2,000 1,115 (885) 56% SMALL EQUIPMENT 100 - (100) 0% PROFESSIONAL SVC 32,000 6,394 (25,606) 20% COMMUNICATIONS 500 120 (380) 24% TRAVEL 500 100 (400) 20% ADVERTISING 5,000 1,388 (3,612) 28% RENTAL/LEASE 2,000 631 (1,369) 32% REPAIR/MAINT 6,000 5,349 (651) 89% MISCELLANEOUS 8 410 423 (7,987) 5% 287,190 84,440 (202,750) 29% MUNICIPAL C O URT SALARIES $ 464,471 $ 149,982 $ (314,489) 32% OVERTIME 100 - (100) 0% BENEFITS 168,526 49,401 (119,125) 29% SUPPLIES 9,159 3,162 (5,997) 35% SMALL EQUIPMENT 2,000 1,003 (997) 50% PROFESSIONAL SERVICES 60,500 24,385 (36,115) 40% COMMUNICATIONS 2,600 552 (2,048) 21 % TRAVEL 1,250 757 (493) 61 % RENTAL/LEASE 650 319 (331) 49% REPAIR/MAINT 1,000 304 (696) 30% MISCELLANEOUS 19,250 2,980 (16,270) 15% 729,506 232,844 (496,662) 32% 37 Title CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Adopted 4/30/2013 Budget Expenditures Variance Page 2 of 4 %Used CITY C LERK SALARIES AND WAGES $ 305,572 $ 100,993 $ (204,579) 33% BENEFIT S 92,771 30,698 (62,073) 33% SUPPLIES 13,760 2,433 (11,327) 18% PROFESSIONAL SERVICES 84,751 8,291 (76,460) 10% COMMUNICATIONS 50,000 18,162 (31,838) 36% TRAVEL 250 - (250) 0% ADVERTISING 3,690 2,122 (1,568) 57% RENTAL/LEASE 25,000 5,331 (19,669) 21% REPAIRS & MAINTENANCE 8,037 4,795 (3,242) 60% MISCELLANEOUS 3,000 1,470 (1,530) 49% 586,831 174,295 412,536 30% ADMINISTRATIVE SERVICES SALARIES $ 682,370 $ 223,289 $ (459,081) 33% OVERTIME 4,000 3,013 (987) 75% BENEFIT S 220,100 68,088 (152,012) 31 % SUPPLIES 35,700 9,064 (26,636) 25% SMALL EQUIPMENT 87,500 37,827 (49,673) 43% PROFESSIONAL SERVICES 126,350 66,489 (59,861) 53% COMMUNICATIONS 58,960 17,100 (41,860) 29% TRAVEL 3,300 - (3,300) 0% RENTAL/LEASE 8,988 3,008 (5,980) 33% REPAIR/MAINT 171,750 71,900 (99,850) 42% MISCELLANEOUS 8,000 9,143 1,143 114% MACHINERY/EQUIPMENT 85,000 22,735 (62,265) 27% 1,492,018 531,656 (960,362) 36% CITY ATTORNEY PROFESSIONAL SVC $ 499,200 $ 163,684 $ (335,516) 33% MISC PROSECUTOR - - - 0% 499,200 163,684 (335,516) 33% NON -DEPARTMENTAL SALARIES $ 136,000 $ - $ (136,000) 0% BENEFITS - UNEMPLOYMENT 40,000 12,434 (27,566) 31 % PROFESSIONAL SVC 380,000 81,036 (298,964) 21% COMMUNICATIONS - - - 0% RENTAL/LEASE 3,600 3,600 - 100% INSURANCE 396,193 397,566 1,373 100% MISCELLANEOUS 55,156 40,165 (14,991) 73% INTERGOVT SVC 7,532,912 3,778,439 (3,754,473) 50% ECA LOAN PAYMENT 190,000 - (190,000) 0% EXCISE TAXES 5,500 993 (4,507) 18% INTERFUND TRANSFERS 1,325,185 255,078 (1,070,107) 19% GENERAL OBLIGATION BOND 946,595 - (946,595) 0% INSTALLMENT PURCHASES 64,014 - (64,014) 0% OTHER DEBT - - - 0% INTEREST ON LONG-TERM DEBT 185,614 - (185,614) 0% DEBT ISSUANCE COSTS 5,000 - (5,000) 0% FISCAL AGENT FEES - 478 478 0% INTERFUND SERVICES 201,800 - (201,800) 0% 11,467,569 4,569,788 (6,897,781) 40% 38 Page 3 of 4 C ITY O F IDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title SALARIES OVERTIME HOLIDAY BUYBACK BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC INT ERFUND RENTAL COMMUNITY SERVICES ADMIN SALARIES BENEFIT S SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS DEVELOPMENT SERVICES/PLANNING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS ENGINEERING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS 2013 Adopted 4/30/2013 Budget Expenditures Variance %Used $ 5,169,010 $ 1,707,771 $ (3,461,239) 33% 400,000 98,250 (301,750) 25% 193,388 802 (192,586) 0% 1,728,703 593,704 (1,134,999) 34% 52,410 15,439 (36,971) 29% 94,100 27,145 (66,955) 29% 14,300 3,244 (11,056) 23% 95,200 21,403 (73,797) 22% 33,592 6,268 (27,324) 19% 16,300 1,069 (15,231) 7% 375 36 (339) 10% 538,344 178,317 (360,027) 33% 16,115 2,618 (13,497) 16% 35,300 10,503 (24,797) 30% 496,048 110,250 (385,798) 22% 48,000 16,000 (32,000) 33% 8,931,185 2,792,919 (6,139,366) 31% $ 213,304 $ 71,283 $ (142,021) 33% 62,052 20,815 (41,237) 34% 1,500 204 (1,296) 14% 800 - (800) 0% 60,804 17,489 (43,315) 29% 1,490 485 (1,005) 33% 2,000 - (2,000) 0% 24,500 - (24,500) 0% 2364 751 (1,613) 32% 500 - (500) 0% 4,000 1,703 (2,298) 43% 373,314 112,729 (260,585) 30% $ 1,032,549 $ 382,092 $ (650,457) 37% 1,300 25 (1,275) 2% 358,465 124,624 (233,841) 35% - - - 0% 13,000 2,480 (10,520) 19% 1,100 - (1,100) 0% 145,600 6,384 (139,216) 4% 4,000 1,498 (2,502) 37% 1,600 12 (1,588) 1% 3,000 1,367 (1,633) 46% 32,828 10,803 (22,025) 33% 500 - (500) 0% 25,100 5,722 (19,378) 23% 1,619,042 535,005 1,084,037 33% $ 1,007,140 $ 332,460 $ (674,680) 33% 5,000 947 (4,053) 19% 342,150 119,093 (223,057) 35% 360 - (360) 0% - - - 0% 2,000 403 (1,597) 20% 5,000 840 (4,160) 17% 6,700 1,524 (5,176) 23% 600 10 (590) 2% - 264 264 0% 13,408 4,468 (8,940) 33% 1,800 - (1,800) 0% 10,300 2,629 (7,671) 26% 1,394,458 462,638 (931,820) 33% 39 Page 4 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PARKS & REC REATIO N SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS INTERGOVTLSVC PUBLIC WORKS SALARIES OVERTIME BENEFITS SUPPLIES PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED MINOR EQUIPMENT COMMUNICATIONS RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS TOTAL GENERAL FUND EXPENDITURES 2013 Adopted 4/30/2013 Budget Expenditures Variance %Used $ 1,745,631 $ 519,272 $ (1,226,359) 30% - 1,881 1,881 0% 584,326 180,564 (403,762) 31 % 5,340 1,691 (3,649) 32% 131,925 31,205 (100,720) 24% 3,250 1,820 (1,430) 56% 405,297 51,264 (354,033) 13% 28,218 9,367 (18,851) 33% 5,942 124 (5,818) 2% 4,300 668 (3,632) 16% 149,152 50,023 (99,129) 34% 135,000 45,894 (89,106) 34% 51,845 24,439 (27,406) 47% 77,596 17,557 (60,039) 23% 70,695 5,000 (65,695) 7% 3,398,517 940,767 (2,457,750) 28% $ 225,381 $ 80,084 $ (145,297) 36% 200 - (200) 0% 76,157 21,688 (54,469) 28% 5,100 2,126 (2,974) 42% 200 15 (185) 8% 1,200 493 (707) 41% 500 - (500) 0% 10,779 1,428 (9,351) 13% 2,600 837 (1,763) 32% 1,000 - (1,000) 0% 1,400 - (1,400) 0% 324,517 106,6 22 (217,845) 33% $ 621,104 $ 208,498 $ (412,606) 34% 2,500 23 (2,477) 1 % 249,515 72,679 (176,836) 29% 3,000 466 (2,534) 16% 65,000 12,514 (52,486) 19% - - 0% 6,000 572 (5,428) 10% 13,000 4,365 (8,635) 34% 44,940 15,070 (29,870) 34% 277,000 100,351 (176,649) 36% 60,000 18,675 (41,325) 31% 2,100 1,078 (1,022) 51 % 1,344,159 434,291 909,868 32°0 32,959,503 11,303,195 (21,656,308) 34% 40 AM-5860 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted By: Renee McRae Department: Parks and Recreation Review Committee: Parks/Planning/Public Works Type: Action Tnfnrmntinn Subject Title Special Event Contract for Bastille Day 3. E. Committee Action: Approve for Consent Agenda Recommendation Authorize the Mayor to sign the special event contract for Bastille Day in Edmonds. Previous Council Action The Parks, Planning and Public Works Committee reviewed the contract at the June 11 meeting and forwarded it to the June 18 Council consent agenda. Narrative The Edmonds Petanque Club is holding a new event this summer - Bastille Day in Edmonds - a celebration of French Bastille Day with a petanque tournament, music, food and wine. This event is taking place at the Civic Center Field on July 14. This first year event is on a smaller scale and has the ability to grow into a larger multi -day event dependent upon community interest. Attachments Bastille Day Contract 06-11-13 Parks, Planning & Public Works Committee Minutes Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Renee McRae Final Approval Date: 06/13/2013 Form Review Date 06/13/2013 11:29 AM 06/13/2013 11:45 AM 06/13/2013 11:48 AM Started On: 06/13/2013 09:54 AM CONTRACT BETWEEN THE CITY OF EDMONDS AND EDMONDS PETANQUE CLUB July 13-14, 2013 The following agreement ("Agreement") is made by and between CITY OF EDMONDS ("City"), and Edmonds Petanque Club ("EPC") (collectively, the "Parties"). WHEREAS, EPC has proposed to hold a public event known as Bastille Day in Edmonds (or "Event"); WHEREAS, the City Council finds that the Event provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: City Responsibilities: 1.1 City shall provide use of surfaces on Civic Center Field hereinafter referred to as the "City -Provided Site" on Saturday, June 13, 2013 from 3pm-5pm for lining the field and on Sunday, June 14, 2013 from 9am-5pm for the Event. The provisions of this Agreement relate only to the City - Provided Site. City shall inspect the Civic Center Field facilities before and after the Event. 1.2 City has the right to check the noise level of any amplified sound equipment or other sound source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.3 City shall provide two additional garbage containers and one recycle container for the Event. 1.4 City shall provide access to power at the west end of the stadium. EPC shall be responsible for providing appropriate power cords sufficient for its uses. 1.5 City shall install Bastille Day street banners as provided by EPC at approved sites. EPC shall obtain a Street Banner Permit and pay the required fee. 2. EPC Responsibilities: In addition to the above and in consideration of the use of the facilities and services above described, EPC agrees to the following: 2.1 EPC accepts the condition of the Civic Center Field as it currently exists. 2.2 EPC shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The City shall be named as an insured on EPC's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that EPC's insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of EPC's insurance and shall not contribute to it. EPC shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.3 EPC agrees that the Event is a public event. EPC further agrees that areas constituting the City -Provided Site that are covered under this Agreement are traditional public forums. As a result, EPC shall permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference. 2.4 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. EPC will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 EPC shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with EPC's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by EPC of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. EPC warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.7 EPC shall provide any and all security services necessary to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by EPC or the participants in this Event. 2.8 EPC shall ensure that all boothsibeer garden/wine garden have the necessary state and local permits for serving and selling alcohol. EPC agrees to use its best efforts to prevent service of alcohol to minors, including segregation of the beer garden/wine garden and checking identification in accordance with common practice. EPC shall obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.9 EPC shall contract for one additional sani-can and wash station at Civic Center Field. These may be placed on site the Friday night preceding the Event. Maintenance and removal of, and damage to, sani-cans, is solely the responsibility of EPC. EPC shall provide extra paper supplies for sani-cans and existing City portable toilets in the event there is a shortage of such supplies. 2.10 EPC shall obtain all required approvals for food handling and serving to the general public through the Snohomish County Health Department. EPC shall provide City with a written statement from that department that all requirements have been met and necessary permits issued. 2.11 EPC shall advise all participating vendors of the terms and conditions of this Agreement and shall insure that vendors maintain all insurance, licenses and permits required by local, state and federal law for the duration of the Event. 2.12 Upon completion of the Event, EPC shall make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the morning prior to the Event. A final inspection of the Event area shall be conducted by a designated City official to determine if all areas are clean and returned to their original condition. 2.13 EPC shall pay City all permit fees for the above -mentioned facility use ($100) prior to Wednesday, June 16, 2014. The fees are subject to change if requests for additional services are made by EPC. 2.14 EPC shall pay City a cleaning/damage deposit of $1,000.00 prior to Wednesday, June 16, 2013. The deposit shall be refunded to EPC if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for supplies, losses or cleaning costs. In addition, EPC shall be responsible for any damages, labor and/or materials required to repair damage to City property. 2.15 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.16 Neither EPC nor any of its officers, agents, or employees shall discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.17 If the tent area exceeds 400 square feet, EPC shall contact the Edmonds Fire Marshal at Fire Prevention Services (425) 775-7720 for an inspection of the tent area prior to the opening of the Event to the general public, at or before 9:00 a.m., June 14, 2013, as the Parties shall agree. EPC shall correct all fire safety related problems prior to the opening of the Event. If such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal, and at the sole discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 2.18 A Class K fire extinguisher will be required if griddles or BBQ appliances are used for cooking. If cooking is taking place in a tent, the tent will have to be labeled fire resistant. 2.19 All use and configuration of structures, booths and other facilities used in the Event may be inspected and reviewed by the Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine that such facilities comply with State and local law, as well as to insure that no lasting damage shall be done to any public facility or property. 3 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to EPC. 3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of EPC shall be deemed to be the same of the City for any purpose. EPC alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of CITY OF EDMONDS: David O. Earling, Mayor ATTEST/AUTHENTICATED : Sandra S. Chase, City Clerk 2013. EDMONDS PETANQUE CLUB: Michelle Martin, President APPROVED AS TO FORM: Office of the City Attorney Parks, Planning and Public Works Committee Meeting June 11, 2013 Elected Officials Present: Council Member Kristiana Johnson Council Member Diane Buckshnis The Committee convened at 6:45 p.m. A. Special Event Contract for Bastille Day Staff Present: Phil Williams, Public Works Director Rob English, City Engineer Carrie Hite, Parks & Recreation Director Mike DeLilla, Senior Utilities Engineer ACTION: The Bastille Day Contract was forwarded to the City Council consent agenda. B. Park Impact Fee Study direction. A discussion of the following three options for a Park Impact Fee was held: Residential vs. Commercial: if Council chooses to do residential only, the formula would bump those rates up 20%. Both Council members like the idea of having both residential and commercial. 2. Phasing: Is Council interested in phasing this in or not, and at what schedule? Both Council members voiced their interest in 50% for the first year; phase in over two years. 3. Low Income Housing exemption: yes or no? There are some implications if we offer low income housing exemptions: (1) It is not consistent with the transportation impact fees; there is no low income housing exemption. (2) If we exempt low income housing, then the City will have to pay it. (3) Options include for nonprofits only, or nonprofit and for profit (but will require them to keep the prices low). (4) Define low income as 80% of the County's median household income. Both Council members voiced their interest in choosing no exemption. C. Authorization for Mayor to sign Supplemental Agreement #2 with Perteet for channelization plan, right-of-way acquisition, and access management work on the 228t" St. SW Corridor Improvement project. The Committee reviewed the proposed Supplement and did not have questions. ACTION: Moved to Consent Agenda for approval. Parks, Planning and Public Works Committee Minutes June 11, 2013 Page 2 D. Briefing on Six -Year Transportation Improvements Program (2014-2019) Mr. English reviewed changes that were made to the proposed Six -Year Transportation Improvement Program and answered Councilmember questions. Both Council members discussed defining the 104 study to confine it to the Westgate area that would be in conjunction with the Westgate sub -area plan. ACTION: Item scheduled for a public hearing on June 18, 2013. E. FAC Accessibility Upgrades Project Award The Committee reviewed the proposed Supplement and did not have questions. ACTION: Moved to Consent Agenda for approval. F. Presentation of 2013 Sanitary Sewer Comprehensive Plan Update and proposed sewer utility rate increases. Mr. Williams provided a brief summary of the draft 2013 Sewer Comprehensive Plan. He discussed the capital and maintenance needs for the sewer collection system and the wastewater treatment plant. He also reviewed the City's current sewer rate and how this rate compares with other cities in Snohomish and King Counties. ACTION: A presentation on the proposed Sewer Comprehensive Plan will be made in July. G. Adoption of revenue bond ordinance and resolution. Mr. Williams outlined the remaining schedule in issuing and securing a bond to pay for capital infrastructure improvements for the City's sewer, water and stormwater utilities. ACTION: The item will be scheduled for an upcoming City Council meeting. H. Discussion regarding future city utility rate adjustments. Mr. Williams discussed possible strategies for utility rate adjustments to pay for capital infrastructure improvements for the City's sewer, water and stormwater utilities. ACTION: Staff will develop and present options for future rate adjustments to the City Council. Authorization for Mayor to sign Supplemental Agreement #7 with David Evans Associates for the Five Corners Roundabout Project. Mr. English provided the proposed fee for Supplement #7 and answered Councilmember questions about lighting and the project schedule. ACTION: Moved to Consent Agenda for approval. J. Public Comments None. The meeting adjourned at 8:15 pm. AM-5862 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Phil Williams Department: Public Works Submitted By: Kody McConnell Committee: Finance Type: Action Information Subiect Title Authorization to contract with James G. Murphy to sell surplus city vehicles. 3. F. Recommendation It is recommended that authorization be given to Public Works to sell at auction two (2) surplus City vehicles. Previous Council Action None. Narrative Previously, the city has utilized the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment. This has proven to be a cost effective method to manage surplus items. The following vehicles are ready to be surplussed: Unit # 128-WTR 2002 Ford F-250 Utility Truck VIN# IFTNX205X2EL51077 Unit # 648-POL 2009 Ford Crown Victoria VIN# 2FAHP71V09X132648 Fiscal Year: 2013 Fiscal Impact Revenue: $7,500 Fiscal Impact: Monies will be deposited into the B-Fund replacement account. Inbox City Clerk Mayor Finalize for Agenda Form Started By: Kody McConnell Final Approval Date: 06/13/2013 Form Review Reviewed By Date Sandy Chase 06/13/2013 11:29 AM Dave Earling 06/13/2013 11:45 AM Sandy Chase 06/13/2013 11:48 AM Started On: 06/13/2013 11:23 AM Expenditure: AM-5848 City Council Meeting Meeting Date: 06/18/2013 Time: Submitted By: Department: Jim Stevens Public Works Review Committee: Parks/Planning/Public Works Type: Action "information Subject Title Contract award for the FAC Accessibility Upgrades Project. Recommendation 3. G. Committee Action: Approve for Consent Agenda Approve the award of the contract for the FAC Accessibility Upgrades Project to Moon Construction. The recommended contract value includes Additive Alternate #1, per the narrative below. The addition of sufficient contingency to this amount will bring the project budget to a total of $134,131. Previous Council Action This project is already listed in the 2013 CIP and is within the budget anticipated there, as well as within the current spending authority for Fund 016 ($205,000) for 2013. At last week's PPPW Committee meeting, this agenda item was approved for review and action by the full Council as part of the consent agenda. Narrative A little over a year ago, staff identified the two locker rooms adjoining the Frances Anderson Center Gymnasium as being non -compliant with current accessibility requirements. Because there are no equivalent facilities available at any reasonable distance from the gym, staff determined it was necessary to undertake a construction project to remedy this situation. This project will take these locker rooms out of service between August 19th and October 18th and will provide essentially a complete reorganization of internal spaces. The work includes demolishing and rebuilding interior locker room walls, and purchasing and installing new fixtures, oriented with sufficient clearances such that the rooms will become fully accessible as currently defined in code. Because this project was estimated to be well within an appropriate value to qualify, the City used its procedures to seek quotes directly from 5 selected firms listed in the MRSC Small Works Roster subcategory of General Contracting - Building Contractor. Four bids were received and opened in the City Clerk's Office Conference Room on May 30, 2013. The bid recap sheet is attached to this agenda item. The low bidder is Moon Construction, of Lynnwood, and they have informed the City that they are fully prepared to undertake this project. On June 3, 2013, the City finished checking the references of this firm and a summary of the results is also attached to this agenda item. The winning bid was $97,736 for the base work, with another $8,781 for Alternate #1. This alternate will allow the complete refinishing of the floors in both locker rooms, rather than only patching cuts that must be made in the concrete flooring to accommodate plumbing changes. With sales tax, this comes to a recommended total contract value of $116,636. Because this area of the Frances Anderson Center dates from 1947, and because the work is critically tied to making changes to old plumbing, staff recommends establishing a contingency amount of 15% of this contract value, for an additional $17,495. This brings the total allotment requested for this project budget to $134,131. Attachments FAC Bid Recap Reference Checks Form Review Inbox Reviewed By Date Public Works Phil Williams 06/13/2013 11:45 AM City Clerk Sandy Chase 06/13/2013 11:47 AM Mayor Dave Earling 06/13/2013 11:56 AM Finalize for Agenda Sandy Chase 06/13/2013 01:31 PM Form Started By: Jim Stevens Started On: 06/12/2013 11:55 AM Final Approval Date: 06/13/2013 ABSTRACT OF QUOTESfBIDS (AUTHORIZATION DATE: N/A BID TABULATION SHEET OPENING DATE: 5-30-13 AWARD DATE: TBD Supplies or Sen•ices: FAC Accessibility Upgrades Originating Office: Public Works Department: Public Works NAME OF BIDDERS: Remarks 1 2 3 4 Mark Construction Moon Construction Northwestern Const. Mike Werlich Const. ITEM 1 BASE BID (Inc. trench & shore) 143,000.00 97,736.00 162,713.00 184,043.00 2 ALTERNATE #1 12,000.00 8,781.00 5,900.00 5,964.00 WA State Sales Tax 13,585.00 9,284.92 15,457.74 17,484.09 TOTAL BASE BID 156,585.00 107,020.92 178,170.74 201,527.09 Bid De osit Bond Bond Bond Bond Bid Signed Yes Yes Yes Yes Rec'd Addenda if Required Yes Yes Yes Yes Is this product a WA State Contract item? Yes No XXX Indicate vendors from above listing who have previously provided services or products to the City and indicate whether the results were satisfactory or unsatisfactory: Recommended Awardee: I CERTIFY THAT ALL BIDS RECEIVED IN RESPONSE TO THE INVITATION WERE OPENED, READ AND RECORDED ACCORDING TO CURRENT REQUIREMENTS. Low Bid That Is Unacceptable: — Agent for the City of Edmonds:_��L•- Note: Indicate N/A in each of the above categories that does not apply to the bid being presented EXCEi.DATAIADMEMBID9 Moon Construction Reference Checks - Completed 6-3-13 Project Entity and Contact Job Quality* Budget Control* Timeliness* Overall Rating* Comments Very good company. Small (2 projects at WWTP): COE: Pamela contractors do not always come with knwowledge and Aeration Basin; Randolph, WWTP experitse to work in treatment Switchgea r Wa I kway Manager 2 1 2 1 plant setting. Service Center at LWSD, Support "Superior small contractor, honest and willing to work with Services, Misc. Lake Washington SD: you and your architect. Cliff Projects Brian Berard 1 1-2 1-2 1-2 Moon is very knowledgable." Very happy with performance, don't often find small contractor like Moon, good Elevated Track Sound Sound Transit: Justin work on rush job with tight Mitigation and others Garrod 1 1 1 1 constraints * 1= excellent, 5 = worst AM-5849 3. H. City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Bertrand Hauss Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Type: Action Information Subiect Title Authorization for Mayor to sign Supplemental Agreement #2 with Perteet, Inc. for the 228th St. SW Corridor Improvement project. Recommendation Authorize Mayor to sign Supplemental Agreement #2 with Perteet, Inc. Previous Council Action On August 2, 2011, City Council authorized the Mayor to sign the Local Agency Standard Consultant Agreement with Perteet on the 228th St. SW Corridor Improvement project. On October 16, 2012, City Council authorized the Mayor to sign the Local Agency Supplemental Agreement #1 with Perteet on the 228th St. SW Corridor Improvement project. On June 11, 2013, the Planning, Parks and Public Works committee reviewed this item and recommended it be placed on the consent agenda at the June 18, 2013 Council meeting. Narrative The project will construct the missing link of roadway on 228th St SW from State Route (SR) 99 to 76th Ave W. and install two new traffic signals at the intersections of SR99 / 228th St. SW and 76th Ave. W. / 228th St. SW. The center median will be extended on a portion of SR99 to restrict left turns and improve safety. Sidewalk and bike lanes will be included along the new section of 228th St. SW. The section of 228 th St. SW from 80th Ave W to 1,000 feet east of 72nd Ave. W will be overlaid. A raised median with decorative elements will also be installed along SR-99. The proposed Supplement covers the professional services to complete the channelization plans, right of way acquisition phase, and access modifications along 76th Ave. W at 22625 Hwy 99. The design fee for Supplement No. 2 is $24,547 and will be paid by grant funds. The City secured a federal transportation grant for $4,233,000 to complete the design, right of way acquisition, and construction. No local match is required for this grant. The City has received a total of $4,769,000 in federal grant funds to complete this project. The design and right of way phases are scheduled for completion in early 2014 and construction is tentatively scheduled to begin in spring 2014. Attachments Supplemental Agreement No. 2 Form Review Inbox Reviewed By Date Engineering Robert English 06/12/2013 04:51 PM Public Works Phil Williams 06/13/2013 11:45 AM City Clerk Sandy Chase 06/13/2013 11:47 AM Mayor Dave Earling 06/13/2013 11:54 AM Finalize for Agenda Sandy Chase 06/13/2013 01:31 PM Form Started By: Megan Luttrell Started On: 06/12/2013 01:50 PM Final Approval Date: 06/13/2013 -'A Washington State Department of Transportation Supplemental Agreement pp g Organization and Address Perteet, inc. Number 2 2707 Colby Avenue, Suite 900 Everett, WA 98201 Original Agreement Number Phone: (425) 252-7700 Project Number Execution Date Completion Date August 11, 2011 April 30, 2014 Project Title New Maximum Amount Payable City of Edmonds 228t" Street S.W. Corridor $ 535,387 Improvement Project Description of Work Additional services as detailed in Exhibit A-1, Scope of Work, attached. The Local Agency of CITY OF EDMONDS desires to supplement the agreement entered into with PERTEET, INC. and executed on August 11, 2011 and identified as Agreement No. provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: All Supplemental services are as covered by Exhibit A-1. Scope of Work, attached hereto and made a part of this agreement. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: April 30, 2014 Section V, PAYMENT, shall be amended as follows: These additional services as set forth in this SupDlemental Agreement No. 2 will cause an increase to the contract maximum in The amount of Twenty -Four Thousand Five Hundred Forty -Seven Dollars ($24,547) for a new contract maximum of Five Hundred Thirty -Five Thousand Three Hundred Eiahty-Seven Dollars ($535,387) as referenced in Exhibit E-1, attached hereto. as set forth in the attached Exhibit A-1, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Perteet, Inc. By: Consultant Signature Crystal L. Donner DOT Form 140-063 EF Revised 912005 Approving Authority Signature Date Exhibit A -I Scope of Services City of Edmonds 228th Street S.W. Corridor Improvements Supplemental Agreement No. 02 Task I -- Project Management Assuming that there are no stops in design, the current project schedule indicates that the design phase will be completed by the end of February 2014. The intent of this supplement is to cover the additional nine months of project management support. Work Elements: • Weekly communications with the client • Facilitate monthly project coordination meetings • Prepare monthly progress reports • Manage subconsultant activities. Assumptions: • Notice to proceed on all design elements will be granted by May 5, 2013. • No stops in design work are anticipated. Deliverables: • Draft and Final Work Plan (2 hard copies) • Project Schedule (MS Project Format) PDF (12 updates) • Project Kickoff meeting agenda and minutes • Nine (9) coordination meeting agendas and minutes • Nine (9) progress reports and invoices Task 3 — Channelization Plan for Approval (Supplemented) The intent of this task is to address additional channelization plan for approval comments and to address Edmonds' desire to construct a raised median along Highway 99. Work Elements: • Revise Channelization Plan for Approval • Update the Project Analysis if required Assumptions: • This work is limited to WSDOT and Edmonds review comments received to date • No other work besides revising the channelization plan section showing the revised median will be performed. Deliverables: • Revised Channelization Plan for Approval (one typical section plan sheet) DOT Form 140-063 EF Revised 912005 Task 8 — Right -of -Way Acquisition (Supplemented) The intent of this task is to provide additional technical design support to the negotiation team. Work Elements: • Technical design support • Revised right-of-way plan Assumptions: • None Deliverables: • Negotiation graphics • Revised right-of-way plan Task 23 — Access Modifications (New) The intent of this task is to reconfigure the northern biofiltration swale along 76th Avenue SW so that the 76 gas station northern access point shall remain open. Work Elements: • Modify drainage design • Update Drainage Report • Modify channelization plans • Modify paving plans Assumptions: • Based on our initial investigation, Perteet believes that the 76 gas station can remain open. The actual location will remain the same. • This access point will be limited to vehicles exiting and heading south bound along 76th Avenue SW. Construct this exit only access drive so that it is 15 feet wide. Deliverables: • Revised Drainage Report • Revised Drainage plans • Revised channelization plans • Revised paving plans SCHEDULE A time extension to April 30, 2014 is requested to complete the design phase of the project. DOT Form 140-063 EF Revised 912005 MANAGEMENT RESERVE RELEASES The following management reserve releases have been issued and are now incorporated as part of the contract. MRR #I 3/8/2012 $5,634 Geotechnical Infiltration Rates and RIW Exhibits MRR #2 5/ 15/2012 $3,094 Survey Utilities & NEPA EJIRevisions MRR #3 5/15/2012 $5,900 Noise & Channelization Support MRR #4 10/24/2012 $5,924 AMEC Cultural Resource Assessment Management Reserve Budget = $35,000 Management Reserve Balance = $14,448 DOT Form 140.063 EF Revised 9/2005 Exhibit E- t Project: 228th Street SW Corridor Improvements - Supp No. 2 Client: City of Edmonds Hourly Costs Pius Fixed Fee Estimate Classification Hours Rate Amount Sr. Associate 68 60.10 $4,056 Lead Engineer 1 Mgr 14 46.63 $653 Lead Engineer 1 Mgr 36 50.00 $1,800 Lead Technician/Designer 46 35.00 $1,610 Accountant 5 33.50 $151 Clerical 5 26.73 $120 Total Direct Salary Costs 174 $8,390 Overhead @ 162.58% $13,640 Fixed Fee @ 30.00% $2,517 Total Labor Costs $24,547 Expenses Total Expenses In -House Costs Total In -House Costs Subconsultants Total Subconsultants Management Reserve Total Other Costs Reimbursables Amount 0 Qty Rate Amount 0 Subconsultants Cost Markup Amount 0 4 Other $0.00 $ 0.00 CONTRACT TOTAL $24,547.00 . Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Darrell C. Smith DOT Form 140-063 EF Revised 912005 Date: May 29, 2013 AM-5855 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Bertrand Hauss Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Type: Action Information Subiect Title Authorization for Mayor to sign Supplemental Agreement #7 with David Evans & Associates for the Five Corners Roundabout Project. Recommendation Authorize Mayor to sign Supplemental Agreement #7 with David Evans & Associates. Previous Council Action On July 12, 2011, City Council authorized the Mayor to sign the Local Agency Standard Consultant Agreement with David Evans & Associates for the Five Corners Roundabout project. On July 17, 2012, City Council authorized the Mayor to sign Supplemental #3 with David Evans & Associates for the Five Corners Roundabout project. On October 9, 2012, City Council authorized the Mayor to sign Supplemental #4 with David Evans & Associates for the Five Corners Roundabout project. On June 11, 2013, the Planning, Parks and Public Works committee reviewed this item and recommended it be placed on the consent agenda at the June 18, 2013 Council meeting. Narrative The proposed supplemental agreement includes the following revisions / additions to the plans, specifications, and estimates: • Additional work on Franchise utility plans due to the removal of one of the Comcast poles along 212th St. SW • Addition of several vaults within the project limits for the City of Edmonds underground fiber optic line • Water quality treatment change from filterras to filter cartridges, resulting in changes to the drainage plans, profiles, details, and the Storm Drainage Technical Information Report (TIR) • Illumination work, resulting in modifications to the Illumination plans / detail The total cost of the supplemental agreement is $35,831 and will be paid through grant and local funding. The design and right of way acquisition phase are scheduled for completion in Fall 2013 and the construction phase is scheduled to begin in Spring 2014. Supplemental Agreement #7 Inbox Reviewed By Engineering Robert English Public Works Phil Williams City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Megan Luttrell Final Approval Date: 06/13/2013 Attachments Form Review Date 06/13/2013 11:39 AM 06/13/2013 11:45 AM 06/13/2013 11:47 AM 06/13/2013 11:54 AM 06/13/2013 01:31 PM Started On: 06/12/2013 04:05 PM Washington State TAf Department of Transportation Supplemental Agreement p p g Organization and Address David Evans and Associates, Inc. Number 7 415 118th Avenue SE Bellevue, WA 98005 Original Agreement Number Attn: Victor Salemann ElAA/c342 Phone: (425) 586-9761 Project Number Execution Date Completion Date DEA Project No. COED0000-0003 8/5/2011 3/31/2014 Project Title New Maximum Amount Payable Five Corners Roundabout $ 441,524.00 Description of Work Five Corners Roundabout - Provide engineering design services including preparing a topographic base map; environmental documents; project design documentation; PS&E construction bid documents; determination of right-of-way needs; preparation of a right-of-way plan, parcel exhibit(s), and legal descriptions(s); performing right-of-way acquisition services; and project management services to improve the level of service of the existing intersection. The Local Agency of City of Edmonds desires to supplement the agreement entered into with David Evans and Associates. Inc. and executed on 8/5/2011 and identified as Agreement No. ElAA/c342 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See Fxhihit A-1 for the ,Scope of Services 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: There is no change to the comnletion _datc_ III Section V, PAYMENT, shall be amended as follows: The Snpnlement 7 total is , 35,831 (See Fxhihit F.-1)_ The New Maximum Amrnmt Pa�gahle. is . 44 524 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: 5a Consultant Signature Approving Authority Signature DOT Form 140-063 EF Revised 9/2005 Date Exhibit A-1 Five Corners Roundabout Intersection Improvement Project SCOPE OF SERVICES Supplement No. 7 Prepared for: CITY OF EDMONDS 121 5th Avenue N Edmonds, WA 98020 Prepared by: DAVID EVANS AND ASSOCIATES, INC. 415 - 118th Avenue SE Bellevue, WA 98005-3518 (425) 519-6500 June 10, 2013 City of Edmonds Five Corners Roundabout Intersection Improvement Project SCOPE OF SERVICES Supplement No. 7 Introduction Supplement No. 7 modifies the original agreement dated August 5, 2011, and Supplements 1 through 6, with the following revisions. Section 2.0 Project Management and Quality Control 2.1 Project Management and File Management The assumptions of Section 2.1 are supplement with the following: Duration of the project will an additional 3 months, for a total of 21 months. An additional 3 monthly meetings with the City shall occur at City offices. Section 7.0 Utility Coordination 7.2 Utility Conflict Resolution Section 7.2 is supplemented with the following: Prepare for and attend one additional utility coordination meeting; prepare meeting agenda and records, and distribute to all attendees. Revise Comcast utility design on 212th due to pole being removed from design base. Incorporate utility trench design with new Edmond's communication fiber vaults. Section 8.0 PS&E Design 8.3 Storm Drainage Technical Information Report Section 8.3 is supplemented with the following: The CONSULTANT shall update the final Storm Drainage Technical Information Report to include the use of either storm filter cartridges or stormceptor system for water quality treatment in lieu of the Filterra system previously designed. P:IcICOED000000031000000N10030ContractlSupplementslSupplement 7 - Revised Drainage and Electrical DesignlExhibit A-1 DEA Scope Five Comers Roundabout 2013-0610.doc City of Edmonds 1 Supplement No. 7 Five Corners Roundabout Project June 10, 2013 Assumptions: • One submittal of the Drainage TIR will be provided to the City to include the storm filter cartridges for water quality. No other changes to the previous final Drainage TIR will be required. Deliverables: • Final Drainage TIR, two (2) copies (hard copy only). 8.7 Construction Documents (100% Completion Level) Section 8.7 is supplement with the following: The CONSULTANT shall conduct the following: • Revise the 90% drainage plan, profiles, and details to accommodate the use of storm filter cartridges or stormceptor system for water quality. • Update revised storm crossing elevations on water profiles. • Illumination: o Run breaker, load, and conduit calculations due to the additional GFCI receptacles at tree, luminaire, and central island locations. o Revise illumination plans and details; and luminaire, wiring, and breaker schedules due to new decorative luminaire style and addition of GFCIs. o Provide spare conduit on plans for Rectangular Rapid Flashing Beacon. • Update design specifications based on project revisions and updated City front end forms and WSDOT GSPs/Amendments. • Update project cost estimate based on project revisions. 8.8 Assistance During Bid Period Section 8.8 is supplement with the following: Bid Support The CONSULTANT shall provide bid support and assist the CITY in answering questions from prospective bidders during the bid process. The CONSULTANT shall attend the pre -bid meeting. Bid Addendums The CONSULTANT shall prepare addendums to the contract documents during the bid period. This task is limited to 30 hours. P:IcICOED000000031000000N10030ContractlSupplementslSupplement 7 - Revised Drainage and Electrical DesignlExhibit A-1 DEA Scope Five Comers Roundabout 2013-0610.doc City of Edmonds 2 Supplement No. 7 Five Corners Roundabout Project June 10, 2013 Supplement No. 7 Exhibit E-1: Consultant Fee Determination - Fixed Fee Five Corners Roundabout Intersection Improvement Project City of Edmonds David Evans and Associates, Inc. Direct Classification Rate Hours Cost 1 Project Manager (PMGR) 57.00 70 $3,990 2 Managing Professional Engr/QC (MGPE) $ 57.00 10 $570 3 Professional Engineer (PFEN) $ 42.00 129 $5,418 4 CADD Manager (CADM) $ 38.00 8 $304 5 Sr. CADD Technician (SCAD) $ 32.50 10 $325 6 Administrative Assistant (ADMA) $ 26.75 18 $482 7 Exec. Administrator (EXAD) $ 31.00 11 $341 Total Hours 256 Salary Cost $11,430 Overhead Cost @ 184.46% of Direct Labor $21,083 Net Fee @ 28.00% of Direct Labor $3,200 Total Overhead & Net Fee Cost $24,283 Direct Expenses Unit Each No. Cost Reproduction: Reports reports @ $15 /report 0 $0 Reproduction: Plan Sets sets @ $10 /set 0 $0 Mail/Deliveries/Fed Ex @ $20 0 $0 Mileage miles @ $0.565 /mile 210 $119 High Definition Scanning Equip. days @ $520 /day 0 $0 Traffic Counts Vendor $0 Subtotal $119 David Evans and Associates Total $35,831 Page 1 of 1 P:\c\COED00000003\OOOOCON\0030Contract\Supplements\Supplement 7 - Revised Drainage and Electrical Design\Exhibit E-1_DEA Budget Five Corners_2013-0610.xls Printed: 6/10/2013 Supplement No. 7 Exhibit E-1 Consultant Fee Determination - Summary Sheet Five Corners Roundabout Intersection Improvement Project City of Edmonds David Evans and Associates, Inc. 1 2 3 4 5 6 7 Work Element # Work Element it 0 m o d o N y w ° C7 '50 @ 0) w Q c 0) w 3 .mow o LL a` Q U Q U m .E Q� U U) y N Q t` ca �a Q Q 0 a m Q x w DEA DEA direct rates: $57.00 $57.00 $42.00 $36.00 $32.50 $26.75 $31.0o Total Dollars Total Total Total hrs hrs hrs otal Total Total Total hrs hrs hrs hrs Total hrs Total $ no Esc. 2.0 Proj. Management and Quality Control 2.1 Project Management and File Management (3 additional months) 6 6 12 $1,570 2.4 Monthly Progress Reports and Invoices (3 additional) 3 3 3 9 $1,076 2.5 Coordination with the City 3 3 6 $928 2.6 Project Kick-off and Progress Meetings (3 additional) 9 12 3 24 $3,428 .0 Total 21 7.0 Utility Coordination 7.1 Utility Coordination (one additional meeting) 4 6 2 12 $1,667 7.2 Utility Conflict Resolution 7.2.1 Comcast Update 1 2 3 $441 7.2.2 Edmond's Communication Vault Update Work Element 7.0 Tota11MMMMMMM PSBE Design 2 4 6 21 $881 8.0 8.3 Storm Drainage Technical Information Report (TIR) 8.3.2 Final (TIR) Report 2 2 12 4 4 028 8.7 Construction Documents (100% Completion Level) 8.7.1 Update Drainage Plans/Profiles/Details 4 4 24 4 36(E$4,g81 8.7.2 Illumination Updates 4 4 28 2 38 $5,302 8.7.3 Design Specifications 12 8 20 $2,912 8.7.4 Project Cost Estimate 4 6 10 $1,500 8.8 Assistance During Bid Period 8.8.1 Bid Support and Pre -Bid Meeting 10 16 26 $3,881 8.8.2 Bid Addendums 6 16 8 30 $4,118 4 8 184 Direct Expenses 8 $119 PROJECT WORK ELEMENTS TOTALS 70 10 129 8 10 18 11 256 $35,831 Page 1 of 1 P:\c\COED00000003\000000N\0030Contract\Supplements\Supplement 7 - Revised Drainage and Electrical Design\Exhibit E-1_DEA Budget Five Corners _2013-0610.xis Printed: 6/10/2013 AM-5856 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Bertrand Hauss Department: Engineering Review Committee: Parks/Planning/Public Works Type: Action Tnfnrmntinn Submitted By: 3. J. Megan Luttrell Committee Action: Approve for Consent Agenda Subject Title Authorization for Mayor to approve acceptance of right of way and easements from the Cavalry Chapel property for the Five Corners Roundabout Project. Recommendation Authorization for Mayor to accept and sign the Right -of -Way and Easement documents for the Cavalry Chapel property. Previous Council Action On March 12, 2013, the Planning, Parks and Public Works Committee reviewed this item and recommended it be placed on the consent agenda for approval. Narrative The City has reached an agreement with the owner of the Cavalry Chapel to purchase 1,143 square feet of right of way and 1,349 square feet of temporary construction easement for the Five Corners Roundabout project. The total compensation provided to the property owner is $33,534 and this cost will be funded by a federal transportation grant and a 13.5% local match (112 Street Fund). The Cavalry Chapel property is located on the southeast corner of the intersection. AttarhmPntc Calvary Chanel Barizain & Sale Deed Temp Construction Permit Improvements Permit Driveway Reconstruction Permit Real Property Voucher Form Review Inbox Reviewed By Date Engineering Robert English 06/13/2013 04:30 PM Public Works Kody McConnell 06/14/2013 08:32 AM City Clerk Sandy Chase 06/14/2013 08:33 AM Mayor Dave Earling 06/14/2013 08:54 AM Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 06/14/2013 Sandy Chase 06/14/2013 09:03 AM Started On: 06/12/2013 04:30 PM Return Address: City of Edmonds 121 — 5" Ave. N. Edmonds, WA 98020 Attn: Bertrand Hauss BARGAIN AND SALE DEED Grantor: Calvary Chapel Edmonds/Lynnwood Grantee: City of Edmonds, a municipal corporation of the State of Washington Abbreviated Legal: Ptn of Lots 1 & 2, Hawarden Tracts, V 14, P 69 Tax Parcel No.: 004674-000-001-00 Five Corners Roundabout Intersection Improvement Project THE GRANTOR, Calvary Chapel Edmonds/Lynnwood, a Washington non-profit corporation, for and in consideration of Twenty -Seven Thousand Four Hundred Fifty and N01100ths and Other Good and Valuable Consideration ($27,450.00) and underthreat of the exercise of eminent domain, bargains, sells and conveys to the CITY OF EDMONDS, a Washington municipal corporation, the real property described in Exhibit "A" and "Exhibit "A-1" and depicted in Exhibit "B" and Exhibit "B-1" herewith attached and made a part hereof, and any after -acquired interest therein, to the same extent and purpose as if the rights granted herein had been acquired by eminent domain under the laws of the State of Washington. SUBJECT TO all rights, restrictions, reservations, easements, conditions, covenants, rights -of -way, mineral leases, mineral reservations, and mineral conveyances of record. The lands herein described contain an area of 1,143 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the Office of the City Engineer in Edmonds, Washington, and entitled Five Corners Roundabout Intersection Improvement Project. It is understood and agreed that delivery of the deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the signature of the City Major, below. Page 1 of 3 Tax Parcel No.: 004674-000-001-00 The Grantor(s) hereby request(s) the Assessor -Treasurer of said County to set -over to the remainder the lien of all unpaid taxes, if any, affecting the real property hereby conveyed, as provided by RCW 84.60.070. Dated this day of ^ / , 20/_� Accepted and Approved by Grantor Calvary Chapel Edmonds/Lynnwood By.'>' Printed Name: Title: Date: Accepted and Approved by Grantee CITY OF EDMONDS (MAYOR) 0 Date: APPROVED AS TO FORM Bv: Office of the City Attorney By: Printed Name: Title: Date: ATTESTED/AUTHENTICATED BV: Sandy S. Chase, City Clerk Page 2 of 3 Tax Parcel No. 004674-000-001-00 STATE OF WASHINGTON } } SS. County of } I certify that I know or have satisfactory evidence that W ., � -� V ; �, « u-. ',— and � l' —ta C� -�T 14 -- t_� (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she is /they are) authorized to execute the instrument and acknowledged it as the �7 r �, , a., -1 and KZ`�, . ( k" --- of Calvary Chapel Edmonds/Lynnwood to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: � -- \ z 3_ 3 ,eeeeeeAas IOHN S. McmASTERS NOTARY PUBLIC N,am typed or printed) �o- "TATE OF WASHINGTON .�I TARY PUBLIC in and for the State of Washington COMMISSION EXPIRES Residing at '- +-% -- AUGUST �-- ra 7 My appointment expires: 1:�,j f ! Page 3 of 3 Tax Parcel No. 004674-000-001-00 EXHIBIT A RIGHT OF WAY ACQUISITION LEGAL DESCRIPTION PARENT PARCEL: LOTS I AND 2, HAWARDEN TRAC'°TS, AS PER PLATRECORDED IN VOLUME 14 OF PLATS, PAGE 69, IN SNOHOMISH COUNTY, STATE OF WASHINGTON, TRIG H T OFNVAY AQ21J SITION: A PORTION OF TIIE ABOVE DESCRIBED PARENT PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT TIIL MONUMENTED SOUTH QUAR'TI R CORNER OF SECTION 19, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. THENCE SOUTH 0036'50" WESTALONG THE CL;NTI=:RUNE OIa 84"" AVE WEST FOR A DISTANCE OF 30.28 FEET; THENCE SOUTB 89023' 10" EAST FOR A DISTANCE O 30.00 FEET TO THE IN ERSI C '[JON OIL HE EAST MARGIN OF SAID 84'"' AVE T WEST AN17'I'I-II' SOUTH MARGIN OF 212"' S'I'IdE'ET SW AND TIME TRUE POINT OF BEGINNING; 'lHENCI SOUI'I-I 0°36'50" WEST ALONG SAID EAST MARGIN FOR A DiSTANCE OF 41.99 FEET TO A POINT ONTI-114 ARC OF A NON -TANGENTIAL CURVE; WHOSE' CENTER BEARS SOUTI165°26'31" 1 AS't HAVING A RADIUS OF 51.50 PBET; THENCE NORTIIERLY ALONG THE, ARC OF, SAID CURVE THROUGH A CENTRAL ANGLE OF 49°03'03" FOR A DISTANCE OF 44,09 TO A POINT ON AN ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 287.00 FEET, TIII NCE EASTERLY RLY ALONG THE ARC OF SAID CURVI TI-IROUGH A CENTRAL ANGLE' OF 14037'05" FOR A DISTANCE OF 7312 Frl `I'; 1"H NCE NOR`11i 82"22'58" I= AST FOR A DISTANCE OF 2.54 F ET TO TI-ll SOU T1I MARGIN OIL 212""' STRI ls'C SW; TI-JE,NCENORTIT 98051'32" WEST ALONG SAID SOUTH MARGIN FOR A DISTANCE OF 106.51 FI�ET'I'O THI: TRUE POINT OF 13F.GINNING. CONTAINING 1,133 SQUARE FFRT, MORE OR LESS. SITUATE IN Tl1F. CITY OF EDMONDS, SN0110MISI-1 COUNTY, WASHING'TON, I 100, L L tffiD-- EXHIBIT A-1 RIGHT OF WAY ACQUISITION LEGAL DESCRIPTION PARENT PARCEL: LOTS 1 AND 2, HAWARDEN TRACTS, AS PER PLAT RECORDED 1N VOLUME 14 OF PLATS, PAGE 69, IN SNOHOMISH COUNTY, STATE OF WASHINGTON, RIGHT OF WAY ACQUISITION: A PORTION OF THE ABOVE DESCRIBED PARENT PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE MONUMENTED SOUTH QUARTER CORNER OF SECTION 19, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. THENCE SOUTH 880'51'32" EAST ALONG THE CENTERLINE OF 21f" STREET SW AND THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 FOR A DISTANCE OF 236.23 FEET; THENCE SOUTH 1 °08'28" WEST FOR A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF 212"' STREET SW AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°51'32" EAST ALONG SAID SOUTH MARGIN FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 1008'28" WEST FOR A DISTANCE OF 1.00 FEET; THENCE NORTH 88051'32" WEST FOR A DISTANCE OF .10.00 FEET; THENCE NORTH 1008'28" EAST FOR A DISTANCE OF 1.00 FEET TO THE SOUT14 MARGIN OF 212"" STREET SW AND THE TRUE POINT OF BEGINNING. CONTAINING '10 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF EDMONDS, SNOHOMISH COUNTY, WASHINGTON. SEE ATTACHED EXHIBIT "B'4 L a FOUND CONCRETE MON WITH BRASS — — RIVET IN CASE 20+00 ROW ACQUISITION STA 20+30.26, _ 30, 00' LT 212TH ST S S88'51'32"E N o 3'23'10"W B 30.00' N 00 N 3 21t00 F- 00 30, 0 30' 5' / J PARCEL. # G` y 1 -� e nnnnn n nn � vv-r5 � -ruww � v� h�cti. EDMONDS LUTHERAN CHURCH TPOB TEMP CONST. ESM T a 1a 2a ,� STA 20+72.27, LEGEND 1020 30.00' LT RIGHT-OF-WAY ACQUISITION AREA ® TEMPORARY CONSTRUCTION EASEMENT AREA — — — EXISTING RIGHT-OF-WAY 5' PROPOSED RIGHT OF WAY 22 00 I I I I FOUND CASED MON I� EXHIBIT B OA1E. 11-9-12 bMGNI g)a Fm COE00003 /avEM02cped0003 DRAW 9jo LINE TABLE LINE BEARING DISTANCE L1 S0036'50"W 41.99, L2 N82`22'58"E 2.54' L3 N88'51'32"W 106.51' CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 49`03'03" 51.50' 44.09' C2 14°37'05" 287.00' 73.22' FIVE CORNERS rr,AV,. EVAN. RIGHT—OF—WAY ACQUISTION AND AS80C1ATE8 ino. 1826 W. Manne Via. uAm E.R. 2911 EDMONDS LUTHERAN CHURCH Everettw-hhpWn 052Ul Pone: Q5.259A099 FOUND CONCRETE MON WITH BRASS RIVET W CASE 9 212TH ST S- — S88'51'32"E 2663.16 30 236.23' L20+000 30, o 6 o n cis L1 w—_.._— -- — -- ---L7 L3 L2T ITPOB EDMONDS LUTHERAN CHURCH EXHIBIT B-1 STA 22+36.23, 130,00' RT I I t� 4' [[yy I I 0 io 20 40 FOUND ,s 2° CASED 3° z9 MON 46+63.16 LEGEND r,--/] RIGHT—OF—WAY ACQUISITION AREA EXISTING RIGHT —OF —WRY PROPOSED RIGHT OF WAY LINE TABLE LINE BEARING DISTANCE L1 S88'51'32"E 10.00' L2 S01 `08'28"W 1.00' L3 N88'51'32"W 10.00' L4 N01 `08'28"E 1.00' DATE; 11-9-12 DESM 91,n MMMDAVID EVANS AND ASSOCIATES tNa. 1640 W. Mamw'4— DA-,Suite 200 r4L• COEUO°03 / s�EMOBcCO�W3 oRnwN: g)a E..n W-hi'.0-9E201 Pt._ 425.259.4099 FIVE CORNERS RIGHT-OF-WAY ACQUISTION EDMONDS LUTHFRAN CHURCH City of Edmonds TEMPORARY CONSTRUCTION EASEMENT Five Corners Roundabout Intersection Improvement Project Property Address: 8330 — 212t" St SW Assessor's Property Tax Parcel No.: 004674-000-001-00 Property Owner: Calvary Chapel Edmonds/Lynnwood The undersigned, Calvary Chapel Edmonds/Lynnwood, a Washington non-profit Corporation, for themselves and for their heirs, successors and assigns, hereafter together referred to as "GRANTOR", for and in consideration of the promises set forth below and the improvements to the City's Five Corners Roundabout Intersection Improvement Project, hereby convey and grant to the City of Edmonds, a Municipal Corporation, and its successors and assigns, hereafter together referred to as "the City", a temporary, non-exclusive easement (the "Temporary Construction Easement") over, under, in, along, across and upon the GRANTORS' property as depicted in Exhibit A, attached hereto and by this reference made a part hereof (the "Temporary Easement Area"), for the purpose of building the Five Corners Roundabout Intersection. The GRANTOR further grants the use of the property immediately adjacent to the Temporary Easement Area for the purpose of performing this work. Work will include necessary construction activities of the project, and incidental items necessary to restore the property to a condition similar to its previous state. All costs of this work shall be completely borne by the City. The GRANTOR and the City, by accepting and signing this document, mutually covenant and agree as follows: 1. The City shall upon completion of the work, remove all construction debris and restore the surface of the above -described property to substantially its original condition, except as modified by the subject project. 2. Access to the GRANTORS' property shall be maintained at all times during the City's Five Corners Roundabout Intersection Improvement Project. 3. This Temporary Construction Easement shall commence upon the date this Agreement is signed by both parties and shall terminate and expire upon the City's final acceptance of this project by the Edmonds City Council. 4. This Temporary Construction Easement is valid for twelve months from the start of construction and shall not be revoked by GRANTOR without giving the City forty-five (45) days' advance written notice. 5. Upon the expiration of the term of this Temporary Construction Easement, all of the rights and benefits of the City in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminate and be of no further force and effect. 6. The City shall defend, indemnify and hold harmless Calvary Chapel Edmonds/Lynnwood and their respective tenants, licensees, invitees, and employees (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, damages, actions, proceedings, expenses and costs (including reasonable attorneys' fees) arising out of or resulting from the use of the Grantor Property under this Temporary Construction Easement and the related Improvements Permit and Driveway Reconstruction Permit by the City and/or its successors, assigns, agents, contractors, subcontractors, and employees (the "Indemnifying Parties"), provided, however, an Indemnified Party shall not be indemnified to the extent that any such claims, demands, losses, liabilities, damages, actions, proceedings, expenses and costs are suffered or incurred by such Indemnified Party as a result of the negligence or willful misconduct of such Indemnified Party and the foregoing defense, indemnity and hold harmless obligation shall not extend to and in no event shall the Indemnifying Parties be liable with respect to any pre-existing hazardous substances in, on or under the Indemnified Parties' property. If and to the extent that this Agreement is subject to Section 4.24.115 of the Revised Code of Washington, it is agreed that where such liability, claim, damage, loss or expense arises from the concurrent negligence of the Indemnifying parties and an Indemnified Party, the Indemnifying Parties' obligations of indemnity under this Section with respect to such Indemnified Party shall be effective only to the extent of the negligence of the Indemnifying Parties. Solely for the purpose of effectuating the indemnification obligations hereunder, and not for the benefit of any third parties (including employees of the parties), each party specifically and expressly waives any immunity that may be granted it under applicable federal, state or local worker compensation acts or other employee benefit acts. The parties acknowledge that the foregoing waiver has been specifically and mutually negotiated between the parties. DATED this day of �'� / 20 Calvary Chapel Edmonds/Lynnwood Byi� 1�7 Printed Name:h✓,,,_��77 Title: Date: Z 3- / Phone Number (Optionao ACCEPTED BY: City of Edmonds Printed Name: Title: I By: III I/ ,-u-_A__� Printed Name: Title: , r� Date: Date STATE OF WASHINGTON } } SS. County of } I certify that I know or have satisfactory evidence that Sc- d --A- V ; V, C.'V- -4— and (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she is /they are) authorized to execute the instrument and acknowledged it as the and �N're �--\'j f— of Calvary Chapel Edmonds/Lynnwood to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: .��- ' \ ,, JOHN S. MCMASTERS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES Name (typed or printed): -j V— NOTARY PUBLIC in and for the State of Washington Residing at S, -'-�k, '-, r"�' My appointment expires: �Ea f 4 I --,-u I Z: ISM\.11 i -, TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION PARENT PARCEL: LOTS I AND 2, HAWARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 14 OF PLATS, PAGE 69, IN SNOHOMISII COUNTY, STATE OF WASIIINGTON, TEMPORARY CONSTRUCTION EASEMENT: A PORTION OF THE ABOV1 DESCRIBED PARENT PARCEL MORE PARTICULARLY Dl3SCIZIBI3D AS FOLLOWS: COMMENCING AT THE MONUMENTED SOUTH QUARTER CORNER OF SECTION 19, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. THENCE SOUTH 0036'50" WEST ALONG THE CliN'I'ERI_,INI� OF 84""' AVE WEST FOR A DISTANCE OF 30.28 FELT; THENCE SOUTH 89023' 10" BAST FOR A DISTANCE OF 30.00 FEET TT) TIlE INTERSECTION OF THE EAST MARGIN OF SAID 84"' AVE WEST AND'I'III SOUTH MARGIN OF 212""' STREET SW; THENCE SOUTT1 0036'50" WITS"T ALONG SAID EAST MAR(AN FOR A INSTANCY,'. OF 42.0I F1: E'f 'TO'THE'I'RIJE POINT OF 131iGINNING; THENCE CONTINUING SOUTH 0036'50" WEST ALONG SAID EAST MARGIN FOR A DISTANCE OF 122.88 FEET; THENCE SOUTH 89023' 10" EAST' FOR A DISTANCE OF 5.00 FEE I'; THE.NCE NORTH 0°36'50" EAST FOR A DISTANCE OF 121.80 hI:;I:"I"TO A POINTON TI1E ARC OF A. NON -TANGENTIAL CURVE WIIOSE CENTF"R BEARS SOUTH 64"10'03" EAST HAVING A RADIUS OF 46.50 FEET; `I'llENCE 1 ASTERLY ALONG T'I-IE ARC OI� SAID CUIZVI;'ITWOUGH A CENTRAI, ANGLE OF 47046'34" FOR A :DISTANCE' OF 38.77 FEET TO A POINTON THE ARC OF A COMPOUND CURVE TO'l HE, RIGII`h HAVING A RADIUS OF 282.00 FELT; TII]:;NCE I AST'I RI'.,Y ALONG VEIN ARC OF SAID C,UIZVE T"HROUGII A CENTRAL ANGLE, OI-� 14°40'22" FOR A DISTANCE OF 72,22 FEET: THENCE? NORTH 81055' 13" EAST I�OR A DISTANCE OF 2.39 FEET; TIIl NCIs SOUTH 88°51'32" EAST FOR A DISTANCE OF 30.84 FEET; THENCE NORTH 1 "09'40" EAST FOR A DISTANCE' OF 5.00 FEET" "I'O TII_F,, SOUTH MARGIN OF SAID 212""t STREET SW; THENCE NORTII 88051'32" WEST ALONG SAID SOUTH MARGIN FOR A DISTANCE OF 31.11 FEET; THENCE SOUTH 81 °55' 13" WEST FOR A DISTANCE; OF 2.54 FEET" TO A POINT ON THIS ARC OF A NON 'TANGENTIAL CURVI: WHOSE CENTER BEARS SOUTH 1 °46'23" EAST IIAVING A RADIUS OF 287.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A. CENTRAL ANGLE OF 14037'02" FOR A DISTANCE OF 73.22 FEET "TO A POINT ON'1`HE ARC OF A COMPOUND CURVE TO THE LEFTHAVING A RADIUS OF 51.50 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49003'03" FOR. A DISTANCE OF 44.09 FEET TO TI-IE TRUE POINT OF BEGINNING, CONTAINING 1.,349 SQUARE FEET, MORE OR LESS. SITUATE 1N TIIE CITY OF 1 DMONDS, SNOHOMISH COUNTY, WASHINGTON. i ��J J `sT FOUND CONCRETE MON WITH BRASS ` RIVET IN CASE ROW ACQUISITION 20+0o STA 20+30.26, 30.00' LT 212TH ST S _ 4 S88`51'32"E cc CD n 30' 89'23' 10"W L3 30.00' 7-/ �/71 T/T' 7� L2 — — — — - 5. yrjl �OJ PARCEL. # , J 00467400000100 oo EDMONDS LUTHERAN CHURCH 21 00 TPOB TEMP CONST. ESMT Q STA 20+72.27, o 10 20 Q 30' 30.00' LT LEGEND OD E-2 RIGHT-OF-WAY ACQUISITION AREA ® TEMPORARY CONSTRUCTION EASEMENT AREA (! — — — EXISTING RIGHT-OF-WAY I o 5' PROPOSED RIGHT OF WAY LINE TABLE LINE BEARING DISTANCE L1 S00°36'50"W 41.99' L2 N82°22'58"E 2.54' L3 N88°51'32"W 106.51' CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 49°03'03" 51.50' 44.09' C2 14°37'05" 287.00' 73.22' EXHIBIT B FIVE CORNERS DATE.- 11 —,2 ���,, 9ja AN AVID EVANS RIGHT—OF—WAY ACQUISTION a88CCIaTE9 INC— FIE; COED0003 / svEM02coed0003 DRA15N: g ja 1620 W. Marine View Drive, Suite 200 E D M O N D S L U TH E R A N CHURCH Everett Wastdntm 98201 Ph.— 425.259.4099 City of Edmonds IMPROVEMENTS PERMIT Five Corners Roundabout Intersection Improvement Project Property address: 004674-000-001-00 Property owner / Grantor: Calvary Chapel Edmonds/Lynnwood The City of Edmonds (hereafter "City") has undertaken a public works construction project (hereafter "Project") in the vicinity of property owned by Calvary Chapel Edmonds/Lynnwood, a Washington non-profit corporation, (hereafter "Owner") located at 8330 — 212th St SW, Edmonds, WA (hereafter "Property"). The City agrees to perform certain work on the Property to facilitate the construction of the Project. 1. Scope of Permit. Now, therefore, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner hereby grants to the City, its contractors or assigns, subject to the conditions hereafter set forth, a temporary Improvements Permit over the following described property: Property description: Portion of Lots 1 and 2, Hawarden Tracts, as per plat recorded in Volume 14 of Plats, page 69, in Snohomish County, Washington Assessor's Tax Parcel No.: 004674-000-001-00 1.1. Driveway Reconstruction. The Owner hereby grants to the City, its contractors or assigns, subject to the conditions hereafter set forth, this temporary Improvements Permit to enter upon the Property and perform work for the purposes of reconstructing a portion of Owner's existing driveway, so as to conform to the Project improvements. The reconstruction of Owner's driveway shall occur on the portion of Owner's Property approximately shown on Exhibit "A", attached hereto and made a part hereof by this reference. Any portion of Owner's driveway lying within the City road right-of-way shall be paved. Reconstruction of Owner's driveway outside the City road right-of-way shall be equal in kind to the existing driveway on private property. Select One: ❑ Accepted ❑ Rejected �Ej Not Applicable Page 1 of 3 1.2. Utility Undergrounding. The Owner hereby grants to the City, its contractors or assigns, subject to the conditions hereafter set forth, a temporary Improvements Permit over Owner's Property to trench and relocate aerial utility lines from the right-of-way to connection point(s) as determined by the City. Work may include but is not limited to pavement, landscaping and other ground surface removal, excavating, conduit installation, and conduit attachment to buildings. Undergrounding shall be provided to reestablish existing electrical service; any system upgrades are the responsibility of the Owner. Select One: ❑ Accepted ❑ Rejected ❑' Not Applicable 1.3. Utility Undergrounding. The Owner hereby grants to the City, its contractors or assigns, subject to the conditions hereafter set forth, a temporary Improvements Permit over Owner's Property to trench and relocate a catch basin and storm drain facility from the right-of-way to connection point(s) as determined by the City. Work may include but is not limited to pavement, landscaping and other ground surface removal and excavating approximately shown on Exhibit "A", attached hereto and made a part hereof by this reference. Select One: ❑ Accepted ❑ Rejected E] Not Applicable 1.4. Property Restoration. The Owner hereby grants to the City, its contractors or assigns, subject to the conditions hereafter set forth, a temporary permit to enter upon said parcel of land and work on the land for the purposes of restoring a portion of Owner's remaining property so as to conform to said improvements The property restoration shall occur on the portion of Owner's land approximately shown on Exhibit "A", attached hereto and made a part hereof by this reference. Select One: 0 Accepted ❑ Rejected ❑ Not Applicable 2. Conditions. This Improvements Permit is granted and accepted subject to the following conditions: a. This Improvements Permit shall not be revoked by the Owner without giving the City forty-five (45) days' advance written notice.. b. Upon completion of the construction work associated with the Project, the City shall leave the Owner's Property in substantially the same condition it was in on the day work commenced. Owner shall not obstruct, or allow any tenant or third party to obstruct, or, in any manner prevent or interfere with the performance of the work described in paragraph 1. d. If the City is not allowed to enter the Property for the purposes accepted above, the Owner agrees to complete this work at a later date at the Owner's expense. Page 2 of 3 e. The Owner grants permission to the City, its contractors or assigns, the right to access the Property beyond the shown limits of the Improvements Permit area, as necessary to construct necessary improvements. This Improvements Permit shall expire upon the City's completion of the construction work on the Property. DATED this 2- 3 day of o , 20 Calvary Chapel Edmonds/Lynnwood By: "4* kv, By: Printed N a me: l�� f'� tz` l.� « Printed Name:�� Title: Title: jJ,C C.c} — Date: Date: ` 2 ACCEPTED BY: City of Edmonds Date Printed Name: Title: STATE OF WASHINGTON } } SS. County of } I certify that I know or have satisfactory evidence that A- and ' �- Vy, � (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she is /they are) authorized to execute the instrument and acknowledged it as the P3-%a- S and r-- of Calvary Chapel Edmonds/Lynnwood to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: sr—^ \ z-:!�, kAAAAAAAAAAAAAA AAA JOHN S. MCMASTERS NOTARY PUBLIC N Ttyped or printed): STATE OF WASHINGTON NOTARY PUBLIC in and for the State of Washington COMMISSION EXPIRES Residing at y�\-,,,� �� n^, sA e • S My appointment expires: -23 f yr Page 3 of 3 ��. 6,0 0 10 20 40 . ,.,- :.. :. •. 1 .,, ' ,. ............ LEGEND RIGHT—OF—WAY PARCEL. MBER 00467400000100 PROPER OWNER CALVARY CHAPEL OF EDMONDS PARCEL I RE A 1.02 AC (- 4.4,431 SF) ROW AC UISITION AREA 1,143 SF PARCEL ' REA REMAINING 0.99 AC (-43,288 SF) ,TEMPOR..RY CONSTRUCTION EASEMENT (TCE) AREA 1,349 SF ii 5.0' - f P:\c\COE000000003\0400CAD\TT\DWG\Exhlblts\ROW Exhibits Flve Comers Roundabout — ROW Exhlbits.dwg CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) Est 1890 DRAWN BY: K. POTUZAK DATE: 3/07/2013 SCALE: AS NOTED SHT: 1 OF 1 Five Corners Roundabout Intersection Improvement Project Property Address: 8330 2121h Street SW Assessor's Property Tax Parcel No.: 004674-000-001-00 Property Owner: Calvary Chapel Edmonds/Lynnwood The undersigned, Calvary Chapel Edmonds/Lynnwood ,a Washington non-profit corporation, hereinafter referred to as "GRANTOR", for and in consideration of improvements to be constructed on the Five Corners Roundabout Intersection Improvement Project, hereinafter referred to as "THE PROJECT", hereby convey and grant to the City of Edmonds, including but not limited to its employees, officers, officials, agents and contractors and their subcontractors, hereinafter referred to as "the City", a driveway reconstruction permit over, under, in, along, across and upon the GRANTORS' property, which is identified above, for the purpose of reconstructing the sidewalk and driveway, per City plans for THE PROJECT and applicable local codes. Without limitations, the grant of this Driveway Reconstruction Permit shall include the use of and access to GRANTORS' property for the purpose of performing necessary work to complete the aforementioned plans and code, such as excavating, compacting, shaping, and grading of sidewalk and driveway sections on or adjacent to GRANTORS' property, and other miscellaneous construction activities. The City shall be responsible for its own costs of construction. Furthermore, the GRANTORS and the City, by accepting and signing this document, mutually covenant and agree as follows: E 1. The City shall, upon completion of the work, remove all debris and restore the surface of the above described property to a condition equal to or better than that which existed as of the date of this Agreement. 2. Access to GRANTORS' property shall be maintained at all times during the City's Five Corners Roundabout Intersection Improvement Project. 3. The Grantor accepts and approves the City's plans for THE PROJECT, including but not limited to its impacts and effects on and to the GRANTORS' property. 4. This Driveway Reconstruction Permit shall terminate upon completion of the sidewalk / driveway work. 5. This Driveway Reconstruction Permit shall not be revoked by the GRANTOR without first giving the City forty-five (45) day' advance written notice. DATED this S day of 204;2 Calvary Chapel Edmonds/Lynnwood Printed Name: lam'! i`�` l -- �.�` Printed Name: �Y Title: Title: Date: Date: '3 ? , 15�`2J-- 6"'2 2 - 7 Phone Number (Optionao ACCEPTED BY: City of Edmonds Date Printed Name: Title: STATE OF WASHINGTON } } SS. County of } I certify that I know or have satisfactory evidence that � >" V%, V �-4- and �� \,, ��� � —5 (is/are) the person(s) who appeared before me, and said person(s) acknowledged that`( e/she/they) signed this instrument, on oath stated that (he is/she is /they are) authorized to execute the instrument and acknowledged it as the me—<- �- ,-5 K ---► and of Calvary Chapel Edmonds/Lynnwood to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: 1tiLLAAAAAAAAMA 'OHN S. MCMASTERS ;, OTARY PUBLIC Name (typed or printed): `'' ATE OF WASHINGTON NOTARY PUBLIC in and for the State of Washington (COMMISSION EXPIRES `Residing at 7 �UGU T 17 My appointment expires: t ` c `ST FOUND CONCRETE MON WITH BRASS — RIVET IN CASE TPOB 20+00 ROW ACQUISITION STA 20+30.26, 30.00' LT — — — 212TH ST S _ S88°51'32"E 00 N Pw� M 30, 89'23'10"W L3 L2 30.00' j��� j7 71 — — — — - Ih/// Pn 1 p/vri # u . � J A 670!1Q0/10 coN EDMONDS LUTHERAN CDCHURCH 3 21 00 TPOB I � TEMP CONST. ESMT 0 10 20 40 STA 20+72.27, LEGEND 30 30.00' LT I °0 RIGHT-OF-WAY ACQUISITION AREA ® TEMPORARY CONSTRUCTION EASEMENT AREA — — EXISTING RIGHT-OF-WAY o Ln 5' PROPOSED RIGHT OF WAY I o I N I 1 22 00 I I I I I FOUND CASED MON LINE TABLE LINE BEARING DISTANCE L1 S00°36'50"W 41.99' L2 N82°22'58"E 2.54' L3 N88°51'32"W 106.51' CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 49°03'03" 51.50' 44.09' C2 14'37'05" 287.00' 73.22' I I EXHIBIT B FIVE CORNERS DALE •11-9-72 ocSRra: gjD O )AVID EVAN8 RIGHT-OF-WAY ACQUISTION ASSOCIATES,No. FILE COED0003 / svEM02coed0003 DRANK: 9Ja 1620 W. Marine Ve Drive, Suite 200 E D M O N D S LU TH E R A N CHURCH Everett Me Nnymn 98201 Phone: 425.259.4099 -� City of Edmonds Real Property Voucher Five Corners Roundabout Intersection Improvement Project Claimant Calvary Chapel Edmonds/Lynnwood 8330 212th Street SW Edmonds, WA 98026-7442 8330 — 212th St SW Project Parcel No. 004674-000-001-00 A full, complete, and final payment for settlement for the title or interest conveyed or released as fully set forth in the Statutory Warranty Deed and Temporary Construction Easement, dated Lands Conveyed Fee: 1,143 SF (m/1) $27,450.00(R) Temporary Construction Easement: 1,349 SF (m/1) 3,300.00(R) Improvements: Lawn 1,450.00 Statuary Evaluation Allowance 1,334.00 Total $33,534.00 1 have been informed that if there is a mortgage or lien on my property, the mortgage company or Iienholder may require that all or a portion of the proceeds from this transaction be applied towards principal reduction of the outstanding lien balance. If necessary, the City of Edmonds will deposit the funds from this transaction into escrow for the purpose of clearing title of the purchased land. The escrow company will disburse the funds according to the requirements of the Mortgage Company or Iienholder. I/we hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the City of Edmonds, that the same or any part thereof has not been paid, and that I/we am/are authorized to sign for the claimant. Calvary Chapel Edmonds/Lynnwood By:i Printed Name: 1 Title: Date: —/? By: i Printed Name: Title: Date: Mirk` rSderson, Flight -of -Way Consultant Date: Place Sign e,-/M Printed Name: Title: Date: Place Signed: AM-5863 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Phil Williams Department: Committee: Public Works Finance Submitted By: Kody McConnell Type: Action Information 3. K. Subiect Title Authorization for Mayor to sign acceptance of additional Coordinated Prevention Grant Funding. Recommendation It is recommended that the Mayor be authorized to sign an amendment accepting additional Coordinated Prevention Grant funding. Previous Council Action On January 23, 2012, the Council authorized the Mayor to sign the Recycling Grant Agreement between the City of Edmonds and the Washington State Department of Ecology for 2012-2013. Narrative The City's recycling coordinator implements a solid waste prevention program primarily funded by a Department of Ecology Coordinated Prevention Grant. The Department of Ecology has raised the City's grant share for this agreement by $5,730 to a total of $40,074. In order to accept this additional grant award, the City's enterprise utility fund will need to expend $1,910 to match the additional award. Fiscal Year: 2013 Fiscal Impact Revenue: $5,730 Fiscal Impact: No impact on General Fund. Expenditures are from enterprise utility fund. Edmonds 2013 CPG Amendment Inbox City Clerk Mayor Finalize for Agenda Fonn Started By: Kody McConnell Final Approval Date: 06/13/2013 Attachments Expenditure: $1,910 Form Review Reviewed By Date Sandy Chase 06/13/2013 11:29 AM Dave Earling 06/13/2013 11:44 AM Sandy Chase 06/13/2013 11:48 AM Started On: 06/13/2013 11:23 AM AMENDMENT NO. 1 TO AGREEMENT NO. G1200260 I' �A'/_*&IM 111 1 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF EDMONDS Amendment Purpose: This amendment will increase the state grant share to cover staff time for full implementation of the Public Outreach and Education Task, described in the agreement scope of work. IT IS MUTUALLY AGREED that the agreement is amended as follows: 1. The total maximum eligible cost for this agreement increases by $7,640 from $45,792 to $53,432. 2. The state grant share for this agreement increases by $5,730 from $34,344 to $40,074. 3. The revised budget for this agreement is as follows: CATEGORY -TOTAL CATEGORY COST CURRENT BUDGET: AMENDMENT BUDGET CHANGES: TOTAL MAXIMUM ELIGIBLE COST: Waste Reduction and Recycling $45,792 +/$7,640 $53,432 1. Public Outreach and Education $45,792 +/$7,640 $53,432 TOTAL MAXIMUM ELIGIBLE COST $45,792 +/$7,640 $53,432 FUND SOURCE: (LTCA) Maximum Eligible Cost: $53,432 FUND GRANT PERCENT (%) STATE GRANT SHARE Local Toxics Control Account (LTCA) 75 % $40,074 MATCH REQUIREMENT MATCH PERCENT (%) LOCAL SHARE Cash Match 25 % $13,358 4. The effective date of this amendment is January 1, 2013. Page 1 of 2 Agreement No. G 1200260 Coordinated Prevention Grant Program City of Edmonds 5. All other terms andconditions of the original agreement and any amendments remain in full force and effect IN WITNESS WHEREOF, the parties hereby execute this Grant Amendment: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Laurie G. Davies Program Manager Waste 2 Resources APPROVED AS TO FORM ONLY Assistant Attorney General CITY OF EDMONDS Date Authorized Official Print Name of Authorized Official Title Date Page 2 of 2 AM-5858 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted By: Carrie Hite Department: Review Committee: Type: Parks and Recreation Action Information 3. L. Committee Action: Cancel Subject Title Authorization to contract with Summit Law Group to provide legal services related to a union grievance. Recommendation Council authorize the Mayor to contract with Summit Law Group in an amount not to exceed $7,000 to provide legal services related to a union grievance. Previous Council Action Narrative This request is for Council to authorize the Mayor to engage with Summit Law Group for assistance with a potential litigation matter. This authorization is not to exceed $7,000. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Carrie Hite Final Approval Date: 06/13/2013 Form Review Date 06/13/2013 11:29 AM 06/13/2013 11:46 AM 06/13/2013 11:48 AM Started On: 06/13/2013 09:27 AM AM-5870 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Jeff Taraday, City Attorney Department: Review Committee: Type: City Clerk's Office Action Information Submitted By: Committee Action: 3. M. Sandy Chase Subject Title Authorization to contract with Carol Morris to provide legal services related to the Point Edwards Building 10 closed -record appeal. Recommendation Authorize the Mayor to contract with Carol Morris in an amount not to exceed $5,000 to provide legal services related to the Point Edwards Building 10 closed -record appeal. Previous Council Action N/A Narrative This request is for Council to authorize the Mayor to contract with Carol Morris to provide legal services related to the Point Edwards building 10 closed -record appeal. This authorization is not to exceed $5,000. Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 06/13/2013 Form Review Reviewed By Date Dave Earling 06/13/2013 02:31 PM Sandy Chase 06/13/2013 02:33 PM Started On: 06/13/2013 01:55 PM AM-5834 City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted For: Council President Petso 3. N. Submitted By: Jana Spellman Department: City Council Review Committee: Committee Action: Type: Action Information Subject Title Resolution thanking Walker Kasinadhuni for his service as a Student Representative. Recommendation Previous Council Action Narrative Resolution thanking Walker Kasinadhuni for his service as Student Representative to the Edmonds City Council. Attachment: Resolution Kasinadhuni Resolution Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 06/12/2013 A++arhmgin +e Form Review Date 06/12/2013 03:36 PM 06/12/2013 03:45 PM 06/12/2013 05:01 PM Started On: 06/06/2013 10:54 AM Re OlUtIOU No: 1292 A 1Resolution of the Edmonds City CouncifCommending Walker Xasinadhuni for.Ifis Service as a Student representative on the Edmonds City Councif Whereas, •p Wafker Yasinadhuni, a student at Meadowdale High School, volunteered to serve as a Student Representative of the Edmonds City Council; and I I Whereas, - Wacker,, served as a student member of the City Council from March 12 to June 18, 2013; and Whereas, 9I,Lr. Xasinadhuni was interested in learning what issues and questions the City of Edmonds faces today and to find out what active role he could assume surrounding these issues; and Whereas, he was conscientious in his attendance at meetings and very observant of the issues before the Council; Now, Therefore, Be It resolved, that the City Council and the Mayor hereby extend their best wishes to Wacker in his future endeavors and express the hope that he will continue to contribute to the democratic process of government in the City of Edmonds and elsewhere. Now, Therefore, Be It Passed, Approved, andAdopted this 18th day of June, 2013 Dave Earling, Mayor Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Attest: City Clerk Lora Petso, Council President Strom Peterson, Councilmember Joan Bloom, Councilmember Frank Yamamoto, Councilmember AM-5868 3. O. City Council Meeting Meeting Date: 06/18/2013 Time: Consent Submitted By: Leif Bjorback Department: Building Review Committee: Committee Action: Type: Action Information Subject Title Ordinance adopting 2012 International Building and Fire Codes Recommendation Adopt the proposed ordinance (Exhibit 1) Previous Council Action Council held a public hearing on 6/4/2013 and directed the city attorney to draft an ordinance for Council consent approval. Narrative The proposal is to amend Title 19 of the Edmonds Community Development Code adopting the 2012 International Building and Fire Codes. Following council approval on June 4, the city attorney has drafted the necessary ordinance. See Exhibit 1. AttnrhmPnfe Ordinance Amending ECDC Title 19 Exhibit A to Ordinance Amending ECDC Title 19 Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Leif Bjorback Final Approval Date: 06/13/2013 Form Review Date 06/13/2013 01:32 PM 06/13/2013 02:32 PM 06/13/2013 02:33 PM Started On: 06/13/2013 12:12 PM ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 19 ECDC TO INCORPORATE THE 2012 INTERNATIONAL BUILDING AND FIRE CODE UPDATES AND TO USE A HEARING EXAMINER IN LIEU OF A BOARD OF APPEALS. WHEREAS, the 2012 International Building Codes (see RCW 19.27.031), as amended by the State, become effective statewide on July 1, 2013; and WHEREAS, RCW 19.27.040 authorizes cities to amend these codes as they apply within the city as long as minimum performance standards of the codes and the objectives enumerated in RCW 19.27.020 are not diminished; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 19 of the Edmonds Community Development Code, entitled "Building Codes" is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in strike through). 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. Section 3. 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, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2013, 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 TITLE 19 ECDC TO INCORPORATE THE 2012 INTERNATIONAL BUILDING AND FIRE CODE UPDATES AND TO USE A HEARING EXAMINER IN LIEU OF A BOARD OF APPEALS. The full text of this Ordinance will be mailed upon request. DATED this day of , 2013. 4840-7251-8158, v. 1 3 CITY CLERK, SANDRA S. CHASE Edmonds Community Development Code 19.00.000 Title 19 BUILDING CODES Chapters: 19.00 Building Code......................................................................................... 3 19.05 Residential Building Code..................................................................... 16 19.10 Building Permits — Earth Subsidence and Landslide Hazard Areas ...... 17 19.15 Mechanical Code and Fuel Gas Code .................................................... 31 19.20 Plumbing Code....................................................................................... 32 19.25 Fire Code................................................................................................ 33 19.30 Energy Code........................................................................................... 39 19.35 Repealed................................................................................................. 39 19.40 International Property Maintenance Code ............................................. 40 19.45 International Code Council Performance Code ..................................... 41 19.50 International Existing Building Code .................................................... 41 19.55 Electrical Code....................................................................................... 42 19.60 Moving Buildings.................................................................................. 43 19.65 Marinas.................................................................................................. 44 19.70 Fees................................................................................................... 46/48 19.75 Street Names and Address Numbering .................................................. 50 19.80 AoaFd of Appeals................................................................................... 52 19.85 Penalties.............................................................................................. 56.1 19.90 Limitation of Benefited and Protected Classes ...................................... 57 19.95 Conversion Condominiums................................................................... 57 Exhibit A to Ordinance Chapter 19.00 BUILDING CODE Sections: 19.00.000 Purpose. 19.00.005 Referenced codes. 19.00.010 Conflict between codes. 19.00.015 Administrative provisions. 19.00.020 International Building Code adopted. 19.00.025 International Building Code section amendments. 19.00.030 Architectural design review — Optional vesting. 19.00.040 Excluding nonconforming religious building from certain requirements. 19.00.000 Purpose. The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Edmonds. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to cre- ate any special relationship with any individual. [Ord. 3796 § 1, 2010]. 19.00.005 Referenced codes. Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: A. "International Building Code" shall mean the building code as adopted and amended in this title. B. "International Residential Code" shall mean the residential building code as adopted and amended in this title. C. "International Mechanical Code" shall mean the mechanical code as adopted and amended in this title. D. "International Fuel Gas Code" shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. E. "International Fire Code" shall mean the fire code as adopted and amended in this title. F. "Uniform Plumbing Code" shall mean the plumbing code as adopted and amended in this title. G. "Washington State Energy Code" shall mean the energy code as adopted and amended in this title. H. The "National Electrical Code" shall mean the electrical code as adopted and amended in this title. I. "International Existing Building Code" shall mean the existing building code as adopted and amended in this title. J. "International Property Maintenance Code" shall mean the property maintenance code as adopted and amended in this title. K. "International Code Council Performance Code" shall mean the performance code as adopted and amended in this title. [Ord. 3796 § 1, 2010]. 19.00.010 Conflict between codes. In case of conflict among any of the codes referenced in ECDC 19.00.005 asnd adopted and subsequently "amended by this chapter, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. [Ord. 3796 § 1, 2010]. 19.00.015 Administrative provisions. The administrative provisions contained in Chapter I of the International Building Code as adopted and subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in ECDC 19.00.005(A), (B), (C), (D) and (F), unless otherwise .nd ed required to meet the purpose of the code.. [Ord. 3796 § 1, 2010]. 19.00.020 International Building Code adopted. The International Building Code (IBC), 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters E, G, H, I and J. [Ord. 3796 § 1, 2010]. 19.00.025 International Building Code section amendments. The following sections of the IBC are hereby amended as follows: A. Section 104.3, Notices and Orders, is amended to read: The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. B. Section 105.1.1, Annual Permit, is deleted. C. Section 105.1.1, Demolition Permits, is added and shall read: Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is established pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: 1 Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. 2 Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. 3 Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed or maintained on street right-of-way (including alleys) without a permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community Development Code. 4 Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc , in accordance with this code and the City's engineering requirements. 5 Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent as verified by a special inspector. "Structural fill" is defined as any fill placed below structures, including slabs, where the fill soils need to support loads with- out unacceptable deflections or shearing. Structural fill shall be clean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. 6 Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC. D. Section 105.1.2, Annual permit records, is deleted. E. Section 105.2, Work exempt from permit, is replaced as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. Building (general): (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. (b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. (c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high. (d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, I Supporting a surcharge; or II Impounding Class I, 11, III -A liquids; or III Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (e) Rockeries. (f) Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). (g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. (i) Temporary motion picture, television and theater stage sets and scenery. Q) Shade cloth structures constructed for nursery or agricultural purposes. (k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. ( ) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. ( ) Repair of appliances which do not alter original approval, certification, listing or code. ( ) Replacement or adding new insulation with no drywall removal or placement. ( ) Replacement or repair of existing gutters or downspouts. ( ) The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: I. Replacing the panel on a previously permitted existing wall cabinet or pole sign, 11. Repainting an existing previously permitted wood sign, 111. Painted or vinyl lettering on storefront windows, IV. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, V. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, VI. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. 2. Mechanical: (a) Portable heating, ventilation, cooling, cooking or clothes drying appliances. (b) Replacement of any n+n— part that does not alter approval of equipment or make such equipment unsafe. (c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. (d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. (d) Portable evaporative cooler. (f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motor of one (1) horsepower or less. 3. Plumbing: (a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. (b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not involve or require the replacement or rearrangement of valves or pipes. 4. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maxi- mum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not exempted except as set forth in ECDC 19.05.010 (E)(33) for canopies. (b) Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. ECDC Title 23 provisions shall not apply to such awnings. (c) Sport courts less than 2,000 square feet. (d) Dock repair of individual decking members. ECDC Title 23 provisions shall not apply. (e) Replacement or repair of existing exterior siding. ECDC Title 23 provisions shall not apply. (f) Replacement or repair of existing window or doors provided; no alteration of structural members is required, the replacement would not require installation of safety glazing, the installation does not fectinvolve required egress Feq irement indow:. ECDC Title 23 provisions shall not apply. (g) Minor like -for -like drywall repairs not involving fire -rated assemblies. ( ) Replacement or repair of individual decking, joists, Stair stair treads, or intermediate rails. ECDC Title 23 provisions do not apply. (i) Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inches above grade at any point. are not attached to a dwell;nr and do not serve the exit door required by IRC Section R311.4. 0) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. (k) Reroof overlays, except that all existing layers of roofing must first be removed if the existing material is wood shake, slate, clay, cement or asbestos tile, or where the existing roof has two or more applications of any type of roofing. F. Section 105.3.2, Time limitation of permit application, is amended to read: 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days .nis sectic . In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 4. The Building Official may extend the life of an application if any of the following conditions exist: (a) Compliance with the State Environmental Policy Act is in progress; or (b) Any other City review is in progress; provided, the applicant has submitted a complete resaonse to Citv reauests or the Buildina Official determines that uniaue or unusual circumstances exist that warrant additional time for such response, and the Building Official determines that the review is proceeding in a timely manner toward final City decision; or (c) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application. G. Section 105.3.3, Fully complete application, is added and reads: In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to plan review fees required under the provisions of this chapter and code. H. Section 105.3.4, Concurrent review, is added and reads: An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant -initiated changes made after the original plan review is complete shall also require payment of full plan review fees. I. Section 105.5, Permit expiration and extension, is amended to read: 1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00. (2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended, ui ncaa a icy ai c aaavuiaLcu vvni 1 a Ni ii 1 iai y vuuun iy Nci 11 nL ivi a iai He _.,;tion project, in which case they may run with the life of the primary permit: Demolition permits required by ECDC 19.00.030; Permits for Moving Buildings required by Chapter 19.60 ECDC; Mechanical permits; Tank removal, tank fill, or tank placement permits; Grading, excavation and fill permits; Water service line permits; Plumbing permits; Gas piping permits; Deck and dock permits; Fence permits; Re -roof permits; Retaining wall permits; Swimming pool, hot tub and spa permits; Sign permits; Shoring permits; Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. if the plans and speGii�fiica+i�;nr the permit extension applioatinn are the sarne as the plans and speGifiGations submitted fer the eriginal permit appliGation -r-I -"rovided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one hafE uarte the original building permit fee to extend the permit. 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended .mac shall be— rrr� fir #ho rem'iininn work based on the � __.. _..,_.._. _.., ..._r__,._. ���rarr-vim 'arS number of required inspections remaining for the projeGt for all Gity departments. Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the permit. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004 the time limit periods imposed under this section shall also be stayed until final decision. 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and Building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. K. Section 107.3.3, Phased approval, is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. L. Section 108, Temporary Structures and Uses, is deleted. M. Section 110.3.3, Lowest floor elevation, is amended to read: In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. N. Section 113, Board of Appeals, is deleted and replaced by Chapter 19.80 ECDC. O. Section 501.2, Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure. P. Section 1612.1.1, Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded from the 50 percent calculation. Q. Section 3103, Temporary Structures, is deleted. R. Section 3108.1.1, Radio, television and cellular communication related equipment and devices, is added and reads: A permit shall be required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. S. Section 3109.1, Applicability and maintenance, is amended to read: 1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. 2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained in a clean and sanitary condition or its equipment in accord with manufacturers recommendations shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. T. Section 3109.3, Public Swimming Pools, is deleted. U. Section 3109.4, Residential Swimming Pools, is deleted. V. Section 3109.6, Location and Setbacks, is added and reads: Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. W. Section 3109.7, Tests and cross -connection devices, is added and reads: 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. X. Section 3109.8, Wastewater disposal, is added and reads: A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub -soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. Y. Section 3109.9, Inspection requirements, is added and reads: The appropriate city inspector shall be notified for the following applicable inspections: 1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. Z. Section 3403.2.1, Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. AA. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, El10 and El 11. BB. Appendix G, Flood -Resistant Construction, is amended by addition of new section: Section G301.1(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres, whichever is less. CC. Appendix H, Signs, is amended as follows: 1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(q) of this section. 2. Section H101.2.1, Prohibited signs, is added and reads as follows: a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108, Animated devices, H109.1, Height restrictions, and H110, Roof signs, are deleted. [Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010]. 19.00.030 Architectural design review — Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant's option, file a fully complete augmented architectural design review application (hereinafter "augmented ADB application") and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the State Building Code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or State Building Codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 107, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.025 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 107. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered "minor" and shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of ADB approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.025(G) (Section 105.3.3 of IBC as amended) and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council's authority to create local improvement districts. 2. The city council's authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. [Ord. 3796 § 1, 2010]. 19.00.040 Excluding nonconforming religious building from certain requirements. Existing legal nonconforming churches, synagogues, mosques and other buildings used for religious observance (hereinafter "church" or "churches") are hereby excluded from any requirement of the State Building Code which would be triggered by a change of use as specifically limited and set forth herein: A. This change in use exclusion is limited solely to a change in use for the provision of emergency housing to the homeless and other indigent persons. The term "emergency" shall mean the housing of indigent and homeless persons when the ambient temperature is forecast by the National Weather Service to be below 33 degrees for a four-hour overnight period or when wind chill, violent storms or other inclement conditions present a direct threat to the lives of homeless and other indigent persons without shelter. Such danger could include, but is not limited to, the threat presented by carbon monoxide poisoning for persons attempting to take shelter in cars or other vehicles with the motor running. B. In order to claim this exclusion, a church shall: 1. Be a legal nonconforming structure prior to the provision of emergency housing for the homeless and indigent. In the alternative, a church may establish that it has previously provided overnight housing to members of its congregation or the public in emergencies, for educational, religious or other purposes. 2. Maintain a "fire watch." The term "fire watch" shall mean the maintenance during all times when indigent housing services are provided of a watch by paid staff or volunteers who shall, on premises, monitor for fires or violations of no smoking prohibitions. At least one fire monitor shall be provided for each eight persons housed. 3. Provide an operational smoke detection system. 4. Prohibit the smoking of tobacco or similar products on the premises and prohibit the use of any open flame in the area in which the homeless or indigent persons are temporarily housed. 5. Maintain clear and unobstructed means of egress. Exits must not be locked in the direction of egress unless a special egress control device is installed in accordance with the building code. C. The application of this exclusion is intended to fulfill the city's obligation to provide flexibility and consider reasonable alternatives in the application of the rigid requirements of the State Building Code. The building official is directed to avoid technical inflexibility, to consider the use of any reasonable alternative which would provide the minimum protections required either under the State Building Code or this exclusion and to be flexible when considering alternative approaches to the specific requirements set forth above. All decisions by the building official shall be in writing and articulate the public interest to be served as well as an analysis of the alternatives. D. These provisions are for the purpose of providing for and promoting the health, safety and welfare of the general public. See Chapter 19.90 ECDC, Limitation of Benefited and Protected Classes. [Ord. 3796 § 1, 2010]. Chapter 19.05 RESIDENTIAL BUILDING CODE Sections: 19.05.000 International Residential Code adopted. 19.05.010 Chapter 1 not adopted. 19.05.020 Section amendments. 19.05.030 Manufactured home installation standards. 19.05.000 International Residential Code adopted. The International Residential Code (IRC), 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters A, B, C, G K, R and S. [Ord. 3819 § 1, 2010; Ord. 3796 § 2, 2010]. 19.05.010 Chapter 1 not adopted. Chapter 1 is not adopted, except as provided for in 19.00.015. See ECDCT9.00�.015. [Ord. 3796 § 2, 2010]. 1 A ()5 ()1 5 Other Chapters not adopted. Chapters 11, 20, 21, and Part VII Plumbing and Part VIII Electrical are not adopted. See 19.20 for adopted Plumbing Code and 19.55 for adopted Electrical Code. 19.05.020 Section amendments. The following sections of the IRC are hereby amended as follows: A. Table R301.2(1), Climatic and Geographic Design Criteria, is amended with the following criteria: 1. Ground Snow Load = 25 psf 2. Wind Speed(d) = 85 mph 3. Topographical effects(k) = No 4. Seismic Design Category(f) = 32D1 5. Weathering(a) = moderate 6. Frost Line Depth(b) = 18 inches 7. Termite(c) = slight to moderate 8. Winter Design Temp(e) = 27 degrees F 9. Flood Hazard(g) = NFIP adoption 3/26/74. FIRM maps 11/8/99 10. Ice Shield Underlayment(h) = not required 11. Air Freezing Index(i) = 0-1000 12. Mean Annual Temp(j) = 50 degrees F B. Section R324, Automatic fire sprinkler system, is added and reads: An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. C. Appendix S — Section AS107.1, Fire Sprinklers. An approved automatic fire sprinkler system shall be installed in new one -family and two-family dwellings and townhouses exceeding 3,000 square feet of fire area, and in accordance with Appendix R. No m edifieations will be made to this thr-esho t prieftoHe—xacede eyele update o Yaly 1, 2 [Ord. 3819 § 2, 2010; Ord. 3796 § 2, 2010]. 19.05.030 Manufactured home installation standards. A. Permit Regulations. 1. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future additions thereto, is hereby adopted. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. 2. All references to "installation permits" in Chapter 296-150M WAC, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as with any other single-family residence. 4. Mobile homes shall be permitted only within designated mobile home parks. 5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220, and amended RCW 35.63.160 and 1998 c 239 s 1, homes built to 42 USC Sections 5401 through 5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same manner as site -built homes, factory - built homes, or homes built to any other approved state construction. 6. Manufactured homes to be placed within the city shall not be older than three calendar years from the date of complete permit application submittal. The applicant is required to provide the vehicle identification number (VIN) information. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current State Energy Code. 9. The minimum manufactured home size shall be at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long. 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. [Ord. 3796 § 2, 2010]. Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS Sections: 19.10.000 Statement of purpose and application. 19.10.010 Section amendments. 19.10.020 Definitions. 19.10.030 Minimum required application submittals. 19.10.040 Site posting notice, disclosures, declarations, covenants and waivers. 19.10.050 Site bonds and contractor general public liability insurance. 19.10.060 Review to determine compliance with engineering practice and best available science. 19.10.070 Issuance and denial of permits. 19.10.080 Site access, professional/special inspection, monitoring during construction and final geotechnical report. 19.10.000 Statement of purpose and application. A. This chapter has been enacted in order to provide both substantive and procedural provisions relating to the issuance of permits within designated earth subsidence and landslide hazard areas of the city. It shall be the policy of the city that no permit shall be issued for any site which is found to be unsuitable for improvement due to excessively steep slopes, unsatisfactory foundation support, instability or unsuitable topography for the particular permit requested for issuance. When development occurs on an unstable site, an unreasonable risk of danger may exist to the public, to public improvements or to adjacent property owners. If such a site can be stabilized through the construction of on -site improvements, that risk may be reduced. B. The construction of professionally designed structures addressing the risks of earth movement, and employing feasible attendant measures (including but not limited to drainage improvements, specially designed foundations, retaining walls, removal of over- burden and other improvements designed to minimize the risk of earth movement, prevent avoidable damage to structures, safeguard adjacent properties, limit risk to inhabitants, and to stabilize the structure in the event of movement) may mitigate and reduce the risk of earth movement on individual properties. Nothing herein shall relieve an owner of any obligation imposed by the State Building Code or city ordinance to take all reasonable and practical measures available to reduce or eliminate the risk or hazard. C. The IRC/IBC, as promulgated by the state of Washington and required to be adopted by the city, does not specify a standard regarding lot stability. Since the city's request for an interpretation of the International Building Code by the State Building Code Council to designate an acceptable level of lot stability was denied, and because the city wishes to comply with state law requiring that the issuance of building permits be a ministerial and not a discretionary act, the provisions of this chapter have been adopted in order to provide reasonable certainty in the permit issuance process. The purpose of these provisions is not to lessen the minimum requirements of the current adopted building code, but rather to define its requirements for city implementation. D. These provisions have been adopted in order to establish a policy that permits shall not be issued for any site where a substantial risk of earth subsidence and landslide hazard exist unless: 1. The risks can be defined with reasonable scientific certainty and found to be within acceptable limits as determined in accordance with this chapter. 2. Any hazard associated with the site is scientifically ascertained and fully disclosed through the permit process. 3. Notice of any risk is given to future purchasers through the land records of Sno- homish County. 4. Any risks associated with construction and habitation are assumed by the builder and future owners of the site. 5. Adequate indemnification is provided by the builder, and the owner, of the site in order that the general public not assume or bear any portion of the costs or liability associ- ated with the builder's investigation, design and construction as well as the continuing maintenance of the site by the property owner. E. Notwithstanding any contrary provision of this chapter or the IRC/IBC, all applications for permits received for any site, any portion of which lies within an earth subsidence and landslide hazard area, shall be governed by the provisions of this chapter. In addition to all other requirements of these sections, the restrictions and provisions of this chapter shall apply to all building, grading, fill and excavation permits (herein "permits"). Minor permits such as plumbing, mechanical, re -roof and interior alterations are exempt from the requirements of this chapter. F. All applications for permits under this chapter shall disclose within the geotechnical report whether or not any part of the site lies within or adjacent to an earth subsidence and landslide hazard area or within a critical area as defined by the city's environmentally criti- cal areas title. The building official may require preliminary investigation by a geotechnical engineer for any applicant whose property lies within or lies adjacent to a known earth subsidence landslide hazard area, or within a known hazard area, or areas with steep slopes or unusual topography or which has a history of earth movement in order to assist the building official in determining whether these provisions should be applied. G. Nothing in this chapter should or shall be interpreted to guarantee issuance of a permit with respect to any property unless the requirements of the IRC/IBC as amended and interpreted by this chapter have been met. [Ord. 3651 § 1, 2007]. 19.10.010 Section amendments. The provisions of this section amend the 2003 Edition of the IRC/IBC and all subsequent revisions adopted by RCW 19.27.031 as the State Building Code as previously amended by Chapter 19.05 ECDC. All prior substantive amendments have received the approval of the State Building Code Council. All provisions of the IRC/IBC which conflict with this chapter shall be deemed amended hereby, and any ambiguity created shall be resolved in favor of the specific provision or general intent of said chapter. In addition to the amendments of the IRC/IBC by its alteration, improvement and correction to incorporate the chapter, the following specific code provisions are amended and the substantive and procedural requirements of this chapter are amended by the correction and alteration of the following sections of the IRC/IBC: A. Chapter 1, Administration. 1. Section R105.1.1 Permit review applicability. Any permit requested for a site lying in whole or in part within an earth subsidence and landslide hazard area as defined by ECDC 19.10.020(F) shall be processed and acted upon in accordance with the provisions of Chapter 19.10 ECDC. 2. Section R105.2 Work exempt from a permit. ECDC 19.00. exemptions ,u,, -, , , , , �, ..\„/, -„1, , , and and ECDC 19. 'I-025E(,J' exemptions A(a), S(c), (h' and shall not apply in any area designated as an earth subsidence and landslide hazard area as defined in ECDC 19.10.020(F). 3. Section R105.3.2 Time limitation of permit application. a. Applications, for which no permit is issued within two (2) years following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may not extend the time for action by the applicant on an expired application. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on current adopted codes and pay new plan review fees as well as any outstanding peer review fees incurred to date. 4. Section R105.5 Permit expiration and extension. a. Every permit issued under the provisions and development standards of Chapter 19.10 ECDC shall expire by limitation two (2) years after issuance, except as provided in ECDC 19.00.005(A)(6)(b). b. Prior to expiration of an active permit the applicant may request in writing an extension for a third and final year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. c. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full fees, in order for the applicant to complete work. The issuance of a new permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with the Land Use Petition Act, the time limit periods imposed under this section shall also be stayed until final decision. d. The building official shall reject requests for permit extensions if modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit, and modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. 5. Section R105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full fees shall be submitted to the building official. b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect at the time of complete application for the new permit, not the expired permit. When additional plan review is required, plan review fees shall be charged. When applicable, peer review and peer review fees shall be assessed. 6. Section R106.3.3.1 Phased approval. a. The building official may require sequencing of construction phases or activities such as the installation of shoring or temporary erosion control remedies and/or drainage systems, well in advance of grading or foundation construction on a time frame consistent with geotechnical recommendations and peer review. As part of the sequencing process, the building official may impose permit conditions that address site work sequencing to include but not be limited to: limiting all excavation, drainage systems and foundation installation to the drier season between May 1st and September 30th. b. When permit conditions such as groundwork are limited by the building official on a particular project, the applicant's geotechnical engineer may submit a letter detailing geotechnical recommendations that portions of work may progress. The letter shall include a detailed work schedule submitted by the general contractor specifying work to be done, timeline, provisions for monitoring and equipment to be used. Any such recommendation shall be based upon best available science and be consistent with standard geotechnical engineering practice. The building official may require a peer review prior to a decision which provides concurrence regarding at least the following issues: i. Duration of work, ii. Type of equipment to use, iii. Additional temporary erosion and sediment control provisions required, and iv. Applicability of special inspections, and similar issues. c. The building official may issue partial permits for phased construction before the entire plans and specifications for the whole building or structure have been approved provided peer review approval has been granted. Phased approval means separate permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer, and city public works director, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements (including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage) have been signed as approved by the city engineer. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. B. Chapter 2, Definitions. 1. Section R202 and IBC 202 are hereby amended to include the definitions set forth in ECDC 19.10.020, incorporated by this reference as fully as if herein set forth. C. Chapter 4, Foundations. 1. Section R401.1 General Exception 3. Any permit requested for a site lying in whole or in part within an earth subsidence and landslide hazard area shall be processed and acted upon in accordance with the provisions of Chapter 19.10 ECDC. D. IBC Chapter 16, Structural design. 1. Section IBC 1601.1.1 Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated by this reference as fully as if herein set forth. E. IBC Appendix J, Grading. 1. Section IBC Appendix J 101.1.2, Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated by this reference as fully as if herein set forth. [Ord. 3651 § 1, 2007]. 19.10.020 Definitions. The following terms, when used within this chapter, shall have the following definitions: A. "Architect" shall mean a person licensed to practice architecture by the state of Wash- ington. B. "Best available science" shall be determined in accordance with the criteria estab- lished in WAC 365-195-900, et seq. C. `Bluff' shall mean any slope 10 feet in height or greater inclined at greater than one unit vertical in one unit horizontal or 100 percent slope. D. "Building official" shall mean the building official of the city of Edmonds. E. "Director" shall mean the director of development services as well as any authorized representative of the director. F. "Earth subsidence and landslide hazard area" shall mean any area of the city which, by reason of excessively steep slopes, unsatisfactory foundation support, stability or topogra- phy, has a risk of earth subsidence and landslide hazard in excess of normal allowances. The earth subsidence and landslide hazard area is a subcategory of "landslide hazard area" (a geologically hazardous area) as defined in city of Edmonds environmentally critical areas title (ECDC Title 23). The hazard area designated as the North Edmonds Earth Subsidence Landslide Hazard Area in the 2007 report of Landau Associates and as may be amended in future adopted earth subsidence and landslide hazard maps are hereby incorporated by this reference and made a part of this chapter as fully as if herein set forth and may be provided in a summary text form. Future adopted landslide hazard maps shall be incorporated by reference upon adoption by ordinance. Areas designated on the adopted North Edmonds Earth Subsidence and Landslide Hazard Areas Map, or any future adopted landslide hazard map, as having a risk of earth subsidence or landslide hazard, areas with slopes as designated in ECDC 23.80.020, areas which exhibit geologic characteristics of earth movement, or any other area identified as having a history of earth movement shall be presumed to have such risk and shall be considered to be an earth subsidence and landslide hazard area. Applicants for permits in such areas shall submit a geotechnical report and complete plan set submittal as required by this chapter to the building official for review. The presumption of risk shall be rebuttable and the decision of the director or building official that any area lies within, or adjacent to, such earth subsidence and landslide hazard area shall be appealable as a staff decision to superior court in accordance with the Land Use Petition Act. Copies of the reports and maps shall be maintained in the offices of the building official and shall be available for inspection during all normal working hours. Individual copies of the reports and map may be obtained by the public upon the payment of the cost of reproduction. G. "General contractor" shall mean a bonded, insured and registered contractor in the state of Washington. A general contractor shall maintain state -required bonding and shall carry general public liability insurance in the minimum amount of $1,000,000. The general contractor shall have a current valid state contractor's license with the state of Washington and a city of Edmonds resident or nonresident business license, whichever is applicable. H. "Geologist" means a practicing geologist licensed in the state of Washington with at least four years' experience as a licensed geologist in responsible charge, including experi- ence with landslide evaluation. I. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least four years of pro- fessional employment as a geotechnical engineer in responsible charge, including experience with landslide evaluation. J. "Landslide hazard areas" means areas mapped or otherwise defined by the city of Edmonds as environmental critical areas or geologically hazardous areas. K. "Land surveyor" means a person who holds a Washington State land surveyor's license. L. "Lead design professional" means the person designated by the applicant to oversee and coordinate the permit review process on behalf of the applicant. M. "Plan set submittal" means a complete application pursuant to ECDC 19.00.015 including: 1. Vicinity map. 2. Topography map and survey. 3. Civil plans including grading, temporary erosion and sediment control, storm drain- age, utilities and site improvements. 4. Tree cutting/land clearing plans. 5. Geotechnical report. 6. Architectural and structural plans with design calculations, stamped and signed by licensed design professionals of the state of Washington. N. "Site" means the entire area within the boundaries, as described in a legal description, of the property that is to be developed under the permit for which the applicant has applied. O. "Stable" shall mean that the risk of damage to the proposed development, or to adja- cent properties, from soil instability is minimal subject to the conditions set forth in the reports developed under the requirements of ECDC 19.10.030 and the proposed development will not increase the potential for soil movement. In the event that any site has an underlying risk of movement based upon deep-seated earth movement or large-scale earth failure which is not susceptible to correction by on -site improvements, such hazard shall not render a site proposed for single-family residences to be presumed unstable for the purpose of this provision if the geotechnical engineer of record and recommendation of any peer reviewer confirm the risk of probability of earth movement is 30 percent or less within a 25-year period. In order to meet the definition of "stable" the geotechnical report shall include identified hazards for the property and the mitigation measures proposed to reduce or correct the hazards along with measures taken to mitigate potential impacts from the remaining hazards, including all on- and off -site measures taken to correct or reduce the risk. These shall be fully disclosed to the applicant and future owners, heirs and assigns in the covenant required to be executed in accordance with provisions of this chapter, in which case the defined risk may be approved as an acceptable condition. P. "Steep slope" shall be defined and calculated pursuant to Chapter 23.80 ECDC. Q. "Storm event" means one inch or greater precipitation in a 24-hour period as reported by the National Oceanic and Atmospheric Administration (NOAA). R. "Structural engineer" means a person licensed to practice structural engineering by the state of Washington. S. "Structural fill" shall mean any fill placed below structures, including slabs, where the fill soils are intended to support loads without unacceptable deflections or shearing. Structural fill should be clean and free -draining and should be placed above unyielding native site soils compacted in accordance with an approved geotechnical report prepared utilizing best engineering science. [Ord. 3651 § 1, 2007]. 19.10.030 Minimum required application submittals. A. The applicant shall submit a complete plan set submittal and permit application and specifications for the proposed development as defined in ECDC 19.10.020(M) and this chapter. B. An earth subsidence and landslide hazard area permit submittal checklist shall be adopted at the direction of the director and shall be provided to all persons inquiring re- garding building permit applications or development permits in the designated earth subsidence and landslide hazard area of North Edmonds. The submittal checklist shall in- clude but not be limited to the requirements contained in city public handouts, written pol- icies, adopted maps, reference maps, summary reports, minimum geotechnical report guide- lines, and the following: 1. North Edmonds Earth Subsidence and Landslide Hazard Map. 2. Vicinity map. 3. Topographic map and survey. 4. Civil plans (i.e., grading, temporary erosion and sediment control, storm drainage, utilities and site improvements). 5. Tree cutting/land clearing plan. 6. Geotechnical report. 7. Owner and professional declarations. 8. Detailed architectural and structural plans with structural calculations and specifi- cations. 9. Bonds, covenants and contractor public liability insurance in accordance with the detailed requirements stated below. If any item in the checklist is inapplicable to a particular project, a letter or a report shall be provided to the director stamped by the appropriate licensed design professional, with sufficient information or data to demonstrate why the item is inapplicable. The director may utilize appropriate licensed consultants to determine if generally accepted engineering practice requires submission of an application requirement. When consultants are used to determine if generally accepted engineering practice requires submission of an application requirement, the cost of review shall be paid by the applicant. C. A copy of the North Edmonds Earth Subsidence and Landslide Hazard Map shall be included in the submittal checklist materials. D. The vicinity map shall be suitable for locating the site and include information related to existing conditions on or near the site, based on the topographic map and survey and shall designate all known landslide masses, or debris flows or mud flows on or near the site which could threaten proposed structures within 100 feet, as referenced, noted, described or discussed in the geotechnical report. E. The applicant shall submit a topographic map and survey prepared and stamped by a licensed land surveyor, prior to studies and evaluations by the geotechnical engineer, and shall show: 1. Map scale, north arrow, legal description, tax account parcel numbers, easements, and lot property lines. 2. Existing grade contour lines, at two -foot intervals. 3. All distances between existing structures on the site and approximate distances of existing habitable structures on adjacent sites within 50 feet of property lines (all adjacent sites which could affect or be affected by the proposed development shall be shown). 4. Lowest footing or basement slab elevation of existing and proposed structures on the property and on adjacent properties to the extent that such information is reasonably available, and proposed finish floor elevations. 5. The location of existing sanitary sewers, stormwater drainage facilities, septic tanks, drain fields, wells, piezometers, private drainage systems, underground storage tanks, subsurface drains, and other sewer/drainage facility components on, and adjacent to, the site to the extent such information is reasonably available. 6. The location of all existing underground utilities on, and adjacent to, the site including, but not limited to, telephone, cable television, gas, electric and water utilities, vaults, fire hydrants and other cables, wires, meters and drainage pipes to the extent that such information is available. 7. A separate topographical drawing shall be submitted showing proposed grade contours at two -foot intervals. This drawing shall include the bottom of proposed footing elevations including all stepped footing elevations. F. Civil -engineered plans shall be prepared and stamped by a state of Washington licensed civil engineer pursuant to the provisions of Chapter 18.30 ECDC and current adopted city stormwater manual. Geotechnical report recommendations affecting civil plans shall be incorporated into the design and detailed on the plans and shall include: 1. Storm drainage plan with storm drainage calculations. 2. Provisions for building pad and foundation drainage. 3. Temporary erosion and sediment control with drainage and maintenance provisions, and/or other sediment control assemblies. 4. Permanent erosion control with drainage and maintenance provisions. 5. Fill/soil stockpile limitation provisions, specific location, height, protection and maintenance. 6. Slope protection plans, rockeries, retaining walls, ecology blocks, keystone block walls, soldier pile walls, and soil nail walls. 7. Utilities and site improvements. 8. Grading plans, temporary and permanent shoring plans, top and toe of slope set- backs, driveway slope. G. In lieu of the procedural requirements of Chapter 18.45 ECDC, a tree cutting/land clearing plan shall be submitted when significant trees are proposed to be removed. A significant tree is a tree with a trunk diameter of six inches or greater measured four feet from the ground. No significant tree shall be removed until the permit is approved. A detailed landscape plan may also be required in order for the city to evaluate long-term erosion control measures. The plan shall comply with all requirements of the ECDC relating to tree clearing and critical areas review, if applicable. The director may require the project geotechnical engineer's concurrence regarding an approval of a tree cutting/land clearing plan when slope stability is at issue. H. Included in the permit submittal checklist shall be general and specific soils and geo- technical information, details or analysis required pursuant to IBC 1802. The applicant shall retain a geotechnical engineer to prepare a report and evaluation of the subsurface soil conditions on the site to include: 1. The geotechnical report shall be prepared in accordance with generally accepted geotechnical engineering practices, under the supervision of, and signed and stamped by, the geotechnical engineer. A geologist may be required to be part of the geotechnical consulting staff. The report shall reference the Landau Associates Summary Report (2007) as a technical document reviewed as part of the geologic analysis for the project and discuss all items listed in the permit submittal checklist and shall make specific recommendations concerning development of the site. 2. The opinions and recommendations contained in the geotechnical report shall be supported by field observations and, where appropriate or applicable, by literature review, conducted by the geotechnical engineer. The report shall be based on best available science. 3. The report shall include an analysis of material gathered through appropriate explorations, such as borings or test pits to a minimum depth of six feet below the proposed lowest footing or pile, an analysis of soil characteristics conducted by or under the supervision of the engineer in accordance with the standards adopted by the American Society of Testing and Materials (ASTM) or other applicable standards. The report must provide subsurface data to support the engineer's conclusions regarding slope stability. Edmonds Community Development Code 19.10.040 4. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved by a geologist. It shall be the responsibility of the geotechnical engineer to assure that the geologist meets the qualifications listed in ECDC 19.10.020. A letter of concurrence from the geologist shall be included in the report. 5. Based upon the North Edmonds Landslide Area Geology and Slide Mechanisms map and table found in the Landau Associates Summary Report (2007), any lot which contains any portion of any hazard zone or is adjacent thereto (regardless of whether the proposed building pad is located within any hazard area) shall specifically consider within the geotechnical report the following types of typical hazard zones and shall specifically note if the hazard is, or is not, present on the site. The report shall address hazards from encroaching landslide materials, hazards from ground failure in material that has not previ- ously failed, and hazards from ground failure in previously failed material. For each land- slide hazard identified on a property, the geotechnical engineer shall identify the types of specific processes associated with the hazard and include design features to reduce such hazards and mitigate impacts. 6. For properties containing or adjacent to bluffs, the geotechnical engineer shall, as a part of the building permit process, provide analysis of the rate of retreat of the bluff pre- pared by a geologist and estimate the bluff retreat amount and regression rate for periods of 25 and 125 years. The geotechnical engineer shall address the effects of bluff retreat on the stability of structures and/or improvements. A "structure" is defined as: a. A building intended for human habitation, b. A building, structure or other improvement whose stress or weight, collapse or movement would endanger public safety in the event of slope failure, and c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability. If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or improvement constructed pursuant to the building permit would be unrea- sonably endangered or reasonably could be anticipated to be endangered by landslide or earth subsidence during its normal useful life, the application shall be denied. 7. Geotechnical letter addressing the provisions of Chapter 23.80 ECDC. I. The applicant shall submit, consistent with the findings of the geotechnical report, detailed structural plans with corresponding calculations prepared and stamped by the structural engineer of record. When architectural plans incorporate such structural details, said plans shall be stamped and signed by the structural engineer of record. All other archi- tectural plans may be prepared by an architect, designer, builder or lay person. J. The applicant shall submit documentation of required bonds, frozen funds or adequate instrument of credit. The applicant shall submit a copy of the contractor's general public liability insurance pursuant to ECDC 19.10.050. K. The applicant shall submit declarations, disclosures, covenants and waivers as required by ECDC 19.10.040. [Ord. 3651 § 1, 2007]. 19.10.040 Site posting notice, disclosures, declarations, covenants and waivers. A. Notices of permit submittal application with the city shall be posted pursuant to ECDC 20.03.002. Such notices shall be conspicuously posted and maintained at each street frontage. Notice of permit issuance or denial shall be conspicuously posted as required above. Upon each posting a 10-day appeal period shall commence. Appeals shall be to the Snohomish County superior court in accordance with the Land Use Petition Act, and no other appeal shall be permitted. 19.10.040 B. At permit application submittal, the applicant shall submit a written declaration with the permit application that includes the statement that the accuracy of all information is warranted by the owner/applicant in a form which relieves the city and its staff from any liability associated with reliance on such submittals. The declaration shall also state that the owner/applicant understands and accepts the risk of developing in an area with potential unstable soils and that the owner/applicant will advise in writing any prospective purchasers of the site, or any prospective purchasers or residential lessees of structures or portions of a structure on the site, of the slide potential of the area. The owner/applicant shall also acknowledge that he, she or they understand and accept the need for future monitoring and maintenance of the property as described in the final geotechnical report when future monitoring and maintenance may affect slope stability over time. While an application may reference the reports of prior public consultants to the city, all conclusions shall be those of the owner/applicant and his or her professionals. C. The plan set submittal shall include a disclosure letter from the geotechnical engineer and civil engineer who prepared the geotechnical report and civil plans, stating that in his or her judgment the plans and specifications submitted for the project conform to the recommendations in the geotechnical report, and that the risk of damage to the proposed development, or to adjacent properties, from soil instability will be minimized subject to the conditions set forth in the report, and the proposed development will not increase the potential for soil movement. "Minimized" shall mean that the applicant has utilized best available science and com- monly accepted engineering and architectural practice to minimize, to the extent possible, the risks associated with development of the property. The geotechnical engineer shall review the erosion and sediment control plan and provide a statement about the adequacy of the plan with respect to site conditions and report find- ings. The geotechnical engineer's statement shall also include an identification of landslide hazards applicable to the site, the on -site measures taken to correct or reduce the hazards, as applicable, and measures taken to mitigate potential impacts from the remaining hazards. For sites where the hazards are not mitigated or where the risks from deep-seated or large-scale earth movement cannot be practically reduced by individual lot owners, the geotechnical engineer shall prepare a statement identifying what design measures will be taken to mitigate the risk to structures, adjacent properties, and inhabitants in the event of deep-seated or large-scale movement. The statement shall specify any risks from earth movement that are not fully mitigated by design measures and render an opinion as to whether the site will be stable within the meaning of this chapter following installation of all proposed improvements. The statement will clarify to current and future owners what measures were installed to reduce risks and what hazards could not be addressed by individual lot development. D. Further recommendations signed and sealed by the geotechnical engineer shall be provided should there be additions or exceptions to the original recommendations based on the plans, site conditions or other supporting data. If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the director accompanying the plans and specifications, express agreement or disagreement with the recommendations in the geotechnical report and state that the revised plans and specifications conform to the new recommendations. Edmonds Community Development Code 19.10.050 E. The plan set submittal shall include a disclosure letter or notation on the design drawings by the structural engineer of record stating that he has reviewed the geotechnical report(s), that he understands its recommendations, has explained or has had explained to the owner/applicant the risk of loss due to slides on the site, and that he has incorporated into the design the recommendations of the report and established measures to reduce the potential risk of injury or damage that might be caused by any risk of earth movement refer- enced in the report. The statement shall note any risks, hazards, and potential problems from earth movement that are not fully mitigated by design measures. F. The owner shall execute a covenant (in a form provided by the city) to be submitted with the application (with necessary fee) to be filed with the Snohomish County auditor. The director shall cause such completed covenant to be so filed. A copy of the recorded covenant shall be forwarded to the owner. This covenant shall be a covenant running with the land, which shall at a minimum include: 1. A legal description of the property. 2. A statement explaining that the site is in a potential earth subsidence and landslide hazard area, that the risk associated with the development of the site is set forth in permit file No. with the city of Edmonds building department, that conditions or prohi- bitions on development may have been imposed by the city in the course of permit issuance, and referencing any features in the design which will require maintenance or modification to address anticipated soil changes. The covenant may incorporate by reference the statements and conditions to be observed in the form proposed by the owner/applicant's geotechnical engineer, geologist, architect and/or structural engineer as approved after the review set forth in ECDC 19.10.060. 3. A statement waiving and promising to indemnify and hold harmless the city of Edmonds, its officers and employees from any claims the owner/applicant and his/her successors or assigns may have for any loss or damage to people or property either on or off the site resulting from soil movement and arising from or out of the issuances of any permit(s) authorizing development on the site, as well as due to any act or failure to act by the indemnitor, its agents or successors, in interest under or following issuance of the permit. 4. The date of permit issuance and permit number authorizing the development. [Ord. 3817 § 9, 2010; Ord. 3736 § 36, 2009; Ord. 3651 § 1, 2007]. 19.10.050 Site bonds and contractor general public liability insurance. A. Site Bonding Requirements. 1. A surety bond, in an amount to be determined by the director, executed by a surety company authorized to do business in the state of Washington shall be posted by the owner/applicant or general contractor to assure the restoration of any areas on the site, or in the surrounding area, disturbed or damaged by slides during construction, and to ensure completion of the work authorized by the permit, or, if the work is not completed, to assure that the site will be restored to a safe and stable condition at least equal to the safety and stability of the site prior to commencement of work under the permit. The bond will be exonerated upon occupancy approval of the building permit by the building official. 2. In lieu of the surety bond, the owner/applicant or general contractor may propose to file a cash deposit or an instrument of credit with the director in an amount equal to that which would be required in the surety bond, and similarly conditioned. B. Public Liability Insurance. The general contractor of record shall carry general public liability insurance effective through final occupancy in the minimum amount of $1,000,000, and which shall name the city as an additional named insured, against the injury, death, property damage and/or loss arising from or out of the city's involvement in the permitting process for the project. 19.10.060 C. Homeowner Insurance. The city strongly recommends that each property owner maintain policies of liability insurance, adequate to provide sufficient funds, to indemnify and hold harmless third parties in the event of earth subsidence or landslides emanating from or across the owner's property. [Ord. 3651 § 1, 2007]. 19.10.060 Review to determine compliance with engineering practice and best available science. A. The city shall require professional peer review of the plan set submittals accompany- ing the permit application by a civil engineer, geotechnical engineer, geologist, and/or struc- tural engineer as may be necessary and determined by the building official or director, in order to determine whether the plan set submittals were prepared in accordance with gen- erally accepted engineering practice or the practice of the particular engineering or design specialty and are based upon best available science. The full cost of such peer review shall be paid in full by the owner/applicant within 30 days of billing by the city. Failure to make timely payments shall result in a stay of city plan review services on the application. B. This requirement may be selectively waived at the discretion of the director, provided the applicable project geotechnical engineer, civil engineer or structural engineer provides written concurrence, determination, details, facts and/or data that individual site conditions warrant an exemption from outside peer review. Once waived, the building official shall not be required to inquire further into the adequacy of any report, plans, or data, but rather may rely upon the submittals as warranted by the owner/applicant as reviewed by the city's consultant. Nothing herein shall relieve the owner/applicant of the obligation to submit a complete application fulfilling all the requirements of this chapter and the IRC/IBC. C. The final recommendation of the peer review regarding whether a submittal complies with generally accepted practice and/or is based on best available science shall be binding upon the building official. Such recommendation may be appealed to superior court under the Land Use Petition Act. [Ord. 3651 § 1, 2007]. 19.10.070 Issuance and denial of permits. A. Permit Issuance. The following requirements must be satisfied before a permit will be issued: 1. An approved geotechnical report has been submitted and approved. 2. Plans and specifications have been submitted incorporating the recommendations of the geotechnical report and said plans have been approved. 3. The required declarations, disclosures, covenants and waivers have been submitted and approved. 4. Required bonds, cash deposits and public liability insurance have been posted with the city. 5. When peer review has been required, all submittals have been determined to have been prepared in accordance with generally accepted engineering practice. 6. Peer review concurrence for permit issuance has been received by the building official. 7. All other provisions of ECDC Titles 16, 18 and 20 have been reviewed and approved by the appropriate city official. B. Permit Denial. The following criteria shall result in the denial of issuance of permit: 1. Building, grading and excavation permits for construction on land which the direc- tor finds to be unsuitable for improvement due to excessively steep slopes, unsatisfactory foundation support, instability or unsuitable topography, or 2. The resulting development would increase the potential of soil movement resulting in an unacceptable risk of damage to adjacent properties or an unreasonable risk of damage to the proposed development, or 3. Excessive flooding, seepage, high water table, or inadequate drainage, or 4. If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or improvement would be unreasonably endangered or reasonably could be anticipated to be endangered by landslide or earth subsidence during its normal useful life, the application shall be denied. A "structure" is defined as: a. A building intended for human habitation, b. A building, structure or other improvement whose stress or weight, collapse or movement would endanger public safety in the event of slope failure, and c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability, or 5. Other hazardous conditions posing an unreasonable risk to public health, safety, or welfare, or 6. Where the noted site dangers or geologic hazards are not minimized to the extent possible by the use of best available science and generally accepted engineering and archi- tectural practice, or 7. If the applicant's geotechnical engineer determines that there is a greater chance than 30 percent in a 25-year period that landslide damage on site will occur. C. In making a determination of permit denial, the director shall consider not only the land which is the subject of the application, but in addition, the surrounding area which would be adversely affected if the permit were granted. Permit denial shall be made in writing to the owner/applicant when the site cannot be rendered "stable" as defined in ECDC 19.10.020(0). This decision and other preliminary determinations as referenced herein shall be appealable to Snohomish County superior court in accordance with the Land Use Petition Act. No other appeal shall be permitted. The appeal period shall commence upon the date of mailing of any preliminary or final decision, or upon posting, if posting is the only notice a party with standing receives under the terms of this chapter. D. Prohibitions. Because of the relationship of groundwater to stability, the discharge of collected surface water or stormwater to the ground surface or subsurface is prohibited on sites within the earth subsidence and landslide hazard area. In addition, the following con- struction, buildings, or improvements are hereby prohibited within the earth subsidence and landslide hazard area: 1. Swimming pools or hot tubs. 2. Ponds or other artificial impoundments of water. 3. Watering or irrigation systems. 4. Temporary or permanent stockpile of fill on top or bottom of slopes. 5. Rockeries. E. Waiver. The prohibitions established in subsection (D) of this section shall apply unless the property owner requests a waiver based upon the written analysis of a geotechni- cal engineer which clearly establishes that the proposed improvement will have no reason- able likelihood of triggering or otherwise contributing to any landslide hazard or earth subsidence risk either on the site or in the neighboring earth subsidence or landslide hazard area. In any review or appeal of the director's or building official's denial of a waiver to con- struct an otherwise prohibited improvement, the burden of proof shall always be upon the applicant to establish by a clear preponderance of the evidence that no such risk will be cre- ated by the improvement. Any geotechnical engineering report provided in any review shall consider not only the risk incurred due to or during construction of the otherwise prohibited improvement, but also the potential impacts due to failure to maintain the improvement, damage through reasonably foreseeable events such as earthquakes or other acts of God, or the reasonably foreseeable negligence of the owner or future owners. The director may utilize peer review consultants. [Ord. 3651 § 1, 2007]. 19.10.080 Site access, professional/special inspection, monitoring during construction and final geotechnical report. A. Site Clearing and Grading. The owner/applicant or contractor shall secure the building official's approval before entering an earth subsidence and landslide hazard area site with excavating or other grading and clearing equipment to clear, remove trees or grade for any purpose including the creation of access to the site. The building official may condition such access approval if site conditions are warranted and when discretionary approval permits are required. As part of the approval process the building official may impose conditions that address site work issues; such measures could include but are not limited to limiting all excavation and drainage installation to the drier season between May and the end of September, or sequencing activities such as the installation of drainage systems well in advance of construction. Requests for early site access in advance of building permit approval or in the time period between October Ist and April 30th for any purpose shall be submitted to the building offi- cial accompanied by written concurrence of the owner/applicant's geotechnical engineer of record. The building official may utilize peer review consultants to determine whether the request is based on generally accepted engineering practice and is reasonable with regard to time -frame to complete the work, types of equipment proposed to perform the work, length of exposure of slopes, and adequacy of site monitoring and temporary erosion control measures. When such peer review is utilized, the applicant is responsible for the peer review fee. B. Reporting Authority. The owner/applicant shall retain a geotechnical engineer to monitor the site during construction. The owner/applicant shall preferably retain the geotechnical engineer who prepared the final geotechnical report in the plan set submittal and who has reviewed the approved plans and specifications. If a different geotechnical engineering consultant is retained by the owner/applicant, the new geotechnical engineer shall submit a letter to the director stating that he or she has read all reports and recommendations and reviews to date and state whether or not he or she agrees with the opinions and recommendations of the original geotechnical report and peer review comments. Further recommendations, signed and sealed by the new geotechnical engineer, and supporting data shall be provided should there be exceptions or changes to the original recommendations that would affect the approved plans. C. Construction Monitoring, Special Inspections. 1. Inspection Requirements. During the period from October 1st to April 30th, when on site, the owner/applicant or designated erosion sedimentation control (ESC) site supervisor shall perform erosion and sedimentation control inspections. Records of installed ESC facilities shall be maintained by the erosion and sedimentation control supervisor and copies of all ESC records shall be provided to city inspectors upon request. ESC facilities on inactive sites (sites where no work will be performed for more than three consecutive days) shall be inspected weekly by the erosion and sedimentation control supervisor. During all other times of the year, weekly inspections by the ESC site supervisor are required and shall be recorded. 2. Weekly Field Reports. The geotechnical engineer shall monitor, during construc- tion, compliance with the recommendations in the geotechnical report including: site excavation, shoring, temporary erosion control, soil support for foundation, piles, subdrainage installation, soil compaction and other geotechnical aspects of the construction. Unless otherwise approved by the director, the specific recommendations contained in the geotechnical report shall be implemented by the owner/applicant. Omissions or deviations from the approved geotechnical report and civil plans shall be highlighted to the city in a separate report. All reports shall be submitted to the city on a weekly basis for review. Failure to submit required reports may result in the issuance of a stop work order. Edmonds Community Development Code 19.10.080 3. Storm Events. During all work periods, special inspections shall be performed after "storm events" as defined in ECDC 19.10.020(Q). The storm event report shall be provided within one week of the event. D. Final Construction Report. The geotechnical engineer of record shall prepare a final written report to be submitted to the building official stating that, based upon his or her pro- fessional opinion, site observations and final site grading, the completed development sub- stantially complies with the recommendations of the geotechnical report and with all geotechnical-related permit requirements as shown on the approved plans. "Substantially complies" means that the completed development offers at least the level of stability and safety, on- and off -site, as was afforded by the original recommendations and report. Recommendations to the owner/applicant shall be included in the report for future monitoring and maintenance of the property including drainage, tightlines, catch basins, berms, retaining wall drainage, hazard mitigation improvements, slopes, bluffs, vegetation, and permanent erosion control that affect slope stability over time. Occupancy of the residence shall not be granted until the report has been reviewed and accepted by the building official. [Ord. 3651 § 1, 2007]. Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International Mechanical Code adopted. 19.15.005 Amendments. 19.15.010 International Fuel Gas Code adopted. 19.15.015 Amendments. 19.15.000 International Mechanical Code adopted. The International Mechanical Code (IMC), 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter is hereby adopted. [Ord. 3796 § 3, 2010]. 19.15.005 Amendments. Chapter 1 is not adopted, except as provided for in 19.00.015.E e Errs 19.00.015. [Ord. 3796 § 3, 2010]. 19.15.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC inclusive of NFPA 54 and 58, and as subsequently amended by this chapter, is hereby adopted. [Ord. 3796 § 3, 2010]. RM REM MT� go .. ._. . . 19.20.000 Chapter 19.20 PLUMBING CODE Sections: 19.20.000 Uniform Plumbing Code adopted. 19.20.005 Amendments. 19.20.010 Evidence of potable water. 19.20.000 Uniform Plumbing Code adopted. The Uniform Plumbing Code (UPC), 2OW2012 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter, provided that any provisions that affect fuel gas piping are not adopted, is hereby adopted. [Ord. 3796 § 4, 2010]. 19.20.005 Amendments. A. Chapter 1 is not adopted, except as provided in 19.00.015. C. Seet 1016, Sand intereepters, is deleted. D. Seetion 1017, Oil and flammable liquids intefeeptofs, is del E. Chapter 12, Fuel piping, is deleted. F. Chapter 15, Firestop protection, is deleted. [Ord. 3796 § 4, 2010]. 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. [Ord. 3796 § 4, 2010]. 19.20.010 Chapter 19.25 FIRE CODE Sacfinnc- 19.25.000 International Fire Code adopted. 19.25.005 Section amendments. 19.25.010 Department of fire prevention. 19.25.015 Definitions. 19.25.020 Permits. 19.25.025 Charges for fire review and inspection. 19.25.030 Modifications, interpretations and appeals. 19.25.035 Automatic sprinkler systems. 19.25.036 Dwelling fire sprinkler systems and connection fees. 19.25.040 Fire protection water supplies. 19.25.045 Charges for water mains and hydrants. 19.25.050 Mains and service lines. 19.25.055 Location of public hydrants. 19.25.060 Location of private hydrants. 19.25.065 Hydrant specifications. 19.25.070 Penalties. 19.25.000 International Fire Code adopted. Under the statutory authoritv of RCW 19.27.031 and 19.27.074. the International Fire Code (IFC 2012 Edition, as published by the International Code Council including amendments set forth in Chapter 51-54A WAC, and subsequently revised by this chapter, is hereby adopted including reference standards of the National Fire Protection Association and Appendix Chapters B. and C. 19.25.005 Section amendments. The following sections of the IFC have been added, amended, deleted or replaced as follows: A. Chapter 1 Administration. 1. Section 102.5 Application of Residential Code. Adopted as originally set forth in IFC (notwithstanding revisions thereto by the state building code council). 2. Section 103.1-.2 Department of Fire Prevention. Replaced by ECDC 19.25.010. 3. Section 104.8 Modifications. Replaced by ECDC 19.25.030. 4. Section 104.10.1 Assistance from other aaencies. Police and other enforcement aaencies shall have the authority to render necessary assistance in the investigation of fires and enforcement and hazardous conditions of this code when requested by the fire marshal. 5. Section 105.1.1 Permits required. Replaced by ECDC 19.25.020. 6. Section 108 Board of appeals. Replaced by Chapter ECDC. 7. Section 109.4 Violation Penalties. Replaced by ECDC 19.25.070. B. Chapter 5, Fire Service Features. Section 503 Fire Apparatus Access Roads. The following sections are adopted as originally set forth in the IFC: 1. Section 503.1 Where required. 2. Section 503.1.1 Buildings and facilities. 3. Section 503.1.2 Additional access. 4. Section 503.1.3 High -piled storage. 5. Section 503.2 Specifications. 6. Section 503.3 Marking. 7. Section 503.4 Obstruction of fire apparatus access roads. C. Chapter 56, Explosives and Fireworks. Section 5601.1.3 Fireworks. Replaced by Chapter 5.27 ECC. D. Chapter 57 Flammable and Combustible Liquids. Sections 5704.2.9.6.1 (outside) and 5706.2.4.4 (inside) Locations where above -ground tanks are prohibited. Class I and II flammable liquids in aboveground storage tanks are restricted for the protection of residential districts and shall be no more than 1,000 gallons capacity in residential zones designated by the city. E. Chapter 61 Liquified Petroleum Gases. Section 6104.2 Maximum capacity within established limits. The maximum capacity for each installation is restricted for the protection of residential districts within the city and shall be no more than 500 gallons water capacity in residential zones designated by the city. F. Chapter 36 Marinas. Replaced in entirety by Chapter 19.65 ECDC. 19.25.010 Department of fire prevention. A. There is established in the city a department of fire prevention supervised by the fire marshal or deputy chief of fire prevention acting under the supervision of the fire chief. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. B. An annual report shall be provided to the mayor containing proceedings under this code, with other statistics as the fire chief and mayor wish to include. The fire marshal may also recommend any changes to the code. [Ord. 3798 § 1, 2010L 19.25.015 Definitions. A. Whenever the term "fire code official" is used in the IFC, it shall mean the fire marshal or deputy chief of fire prevention. B. Whenever the word "jurisdiction" is used in the IFC, it shall mean the city of Edmonds. C. Whenever the term "legal representative of the jurisdiction" is used in the IFC, it shall mean the city attorney. D. Whenever the term "police" is used in the IFC, it shall mean the city of Edmonds police department. [Ord. 3798 § 1, 20101. 19.25.020 Permits. A. Operational permits required under the city's fire code and regulated by the city shall be issued by the fire marshal. The application for the permit shall be accompanied by the full application fee in order to vest rights under the permit and to constitute a complete permit application. The permit fee shall be set by the city council annually by resolution or on such review cycle as the council, in its discretion, shall determine. All permits shall be renewed annually unless the specific time period is set forth when the permit is aranted. No permit shall be transferable and each permit shall be issued on a single job, transaction, owner, or occupancy basis, except that the fire marshal is authorized to consolidate permits for a single location, building, or unit. B. In the event that the activitv. location or risk associated with the activitv reauires a fire inspection in excess of the time estimated within the permit fee (one hour) an inspection fee equal to the actual cost to the city of providing the inspection shall be charged pursuant to ECDC 19.25.025. [Ord. 3798 § 1, 20101. 19.25.025 Charges for fire review and inspection. A. Certain licenses and permits issued by the city include a fire department inspection. The cost of the permit may include an estimate of the normal time associated with the fire inspection. Where the permit does not include such an estimate, or when the estimate of time established within the ordinance is exceeded by the actual time spent inspecting a premises, location or activity, the actual cost of conductina the inspection shall be charged. The administrative services director is authorized to establish on an annual basis, in conjunction with or immediately following the budget process, a fee for the hourly charge associated with the provision of services by reasonable classifications of fire marshal and fire inspector. B. The permittee shall pay the actual charges of inspection, in addition to the permit fee associated with such activity. Licenses and permits requiring the actual payment of inspection charges include, but are not limited to, public amusement licenses issued pursuant to Chapter 4.32 ECC, cabaret dance licenses issued pursuant to Chaster 4.48 ECC. adult entertainment facilitv licenses issued pursuant to Chapter 4.52 ECC, business licenses pursuant to Chapter 4.72 ECC, and aircraft landing licenses issued pursuant to Chapter 4.80 ECC. C. No charge shall be levied against any department or agency of the city of Edmonds operating_ within the city's general fund.. 19.25.030 Modifications, interpretations and appeals. A. The fire marshal shall have the authority to modify any of the provisions of the IFC or this chapter on written application by the owner, lessee, or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the code. Approved modifications, including alternative materials and methods, shall observe the spirit of the code, preserve fire- and life -safety, secure the public health, and do substantial justice. A signed copy of approved modifications shall be promptly given to the applicant. B. Details of actions granting modifications and related interpretations shall be recorded and preserved in the records of the department of fire prevention to aid in conformance and uniform application of related codes. ordinances. and standards. C. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the hearings examiner. Such appeals shall be governed by the rocedures set forth in Chapter ECDC.. 19.25.035 Automatic sprinkler systems. An automatic sprinkler system shall be installed and maintained throughout every building constructed under the International Residential Code containina five or more attached dwellin units. Residential or quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling. [Ord. 3798 § 1, 20101. 19.25.036 Dwelling fire sprinkler systems and connection fees. A. Where dwelling fire sprinkler systems are required to be installed in a dwelling (building_ containing one or two dwelling units) constructed under the International Residential Code (IRC). a single water connection may provide fire protection and domestic services through combination water lines utilizing an integrated fire and plumbing flow -through piping system described in IRC Appendix R (WAC 51-51-60105). B. Automatic sprinkler systems installed pursuant to subsection (A) of this section shall not be subject to the cost differential from general facility charges for connection to the public water system when an up -sized meter is required to meet the design flow rate for, and is solely attributable to, the installation of the automatic sprinkler system. All other costs, including the expense of a larger meter, a general facility charge attributable to the meter sized for the domestic service alone, and other permits and fees, shall remain the responsibility of the owner. C. When automatic sprinkler systems designed for life safety and installed pursuant to subsection (A) of this section are integrated and dependent upon the domestic water supply of the residential dwelling unit, the property owner shall be responsible for maintaining the service connection and paying for an adequate supply of water to the residential dwelling unit. [Ord. 3819 § 3, 20101. 19.25.040 Fire protection water supplies. All fire hydrant, water main and appurtenance installations shall meet the provisions of this chapter as well as other applicable plans, standards and codes adopted by the city of Edmonds, as a condition of approval of subdivisions and building permits. [Ord. 3798 § 1, 20101. 19.25.045 Charges for water mains and hydrants. A. For private development, owners shall be responsible for the replacement (upgrade) of the existing public main (including fire hydrants and appurtenances) to city standard when identified by the city engineer as a condition of development approval. The city will pay the difference in material costs only between six inches and the size that is required to be installed only when the existing_ system is a looped system. B. A hydrant use permit issued by the public works director is required in order for any person or entity other than fire department personnel to draw water from any fire hydrant. C. The installation of water mains, fire hydrants and appurtenances to properties not previously served shall be sized in accordance with the city's water comprehensive plan, built to city standard and shall be at the benefited property owner's or developer's expense. D. Oversized water mains required for special use demands relating to a particular property or development shall be installed at the developer's or property owner's expense. E. If the water mains installed pursuant to subsections (C) and (D) of this section provide service or benefits to properties other than owned by the water main installer, latecomer agreements may be arranaed between the citv and the installer for the construction and dedication of the water facilities pursuant to the provisions of Chapter 35.91 RCW. [Ord. 3798 § 1, 20101. 19.25.050 Mains and service lines. A. All public hydrants in single-family areas shall be supplied by not less than six-inch looped water mains. All hydrants in areas other than single-family residential shall be supplied by not less than eight -inch looped water mains. Dead-end water mains to hvdrants shall be at least eiaht inches in diameter, with the exception of mains up to 50 feet long which may be no less than six inches in diameter. B. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be no less than eight inches in diameter. C. When city streets, or state highways having water mains in the public right-of-way, are improved to permanent street or highway improvement standards, any water mains in the public right-of-way of said streets or hiahways that are substandard as to size or material accordina to applicable citv standards shall be replaced with ductile iron water mains conforming to applicable city standards and plans. [Ord. 3798 § 1, 20101. 19.25.055 Location of public hydrants. A. Public hydrants are those owned by the city. B. All public fire hydrants shall be installed at street intersections where possible. Public hydrant spacing shall be measured along vehicle access routes. C. In areas zoned for single-family residential use, public hydrants shall be spaced no more than 600 feet apart. If dead-end streets, or driveways, singly or in combination, are over 300 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 600 feet. D. In areas other than single-family residential, public fire hydrants shall be spaced an average of 300 feet apart. If dead-end streets or driveways, singly or in combination, are over 150 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 300 feet. [Ord. 3798 § 1, 20101. 19.25.060 Location of private hydrants. A. A private hydrant is privately owned, but is subject to the use of the city for inspection and testing at reasonable times, and for fire suppression at any time. All private hydrants shall be connected to the citv water main throuah a Drivatelv owned and maintained double detector check valve assembly. B. All buildings except single-family dwellings that are located so that a portion is more than 200 feet from a street. as measured alona vehicle access routes. shall have Drivate fire hvdrants located at the building. Single-family dwellings with a fire -flow calculation area greater than 4,800 square feet may require a private hydrant. C. Buildings having required fire flows of 3,000 gallons per minute may have fire hydrants on one side of the building only. There shall never be fewer than two fire hydrants for any building larger than 5,000 square feet in the first floor area including covered parking and storage. When the reauired fire flow is 3.000 aallons Der minute or areater. the fire hvdrants shall be served by a looped main around the building or complex of buildings. D. Fire hydrants shall be spaced on an average 300 feet around the perimeter line, 50 feet out of the buildings. All hydrants shall be placed in locations accessible to fire department vehicles adjacent to fire apparatus access roads. The fire marshal shall determine the location of fire hvdrants dependina on utility, topography and building location for maximum fire protection. [Ord. 3798 § 1, 20101. 19.25.065 Hydrant specifications. A. The installation of flush type hydrants (hydrants entirely below grade) is prohibited. B. Fire hydrants shall have two two -and -one -half -inch hose outlets and one four -and -one -half -inch pumper outlet. All outlets' ports shall have national standard thread. Additionally, the pumper outlet shall be provided with a four -inch Storz adapter. Fire hydrants shall meet the American Water Works Association Standard No. C-502 and current city standards. C. Fire hydrants and appurtenances shall be installed in accordance with generally accepted engineering practices and city standards, and to the approval of the city engineer, who shall also approve the selection and use of all pipe fittings and valves. There shall be a foot valve installed between the service main and the hydrant sufficient to permit the repair and replacement of the hydrant without disruption of water service. The foot valve shall be installed to city standards. The location of all such valves installed shall be properly and accurately marked on as -built plans or drawings with generally acceptable engineering detail, two copies of which shall be furnished to the public works department. Valves shall be furnished with a standard valve box. D. Hvdrants shall stand plumb. be set to established street arade with the lowest outlet of the hvdrant at least 18 inches above the adiacent finished arade and at least 36 inches of clear area around the hydrant for clearance of hydrant wrench on both outlets and on the control valve. The pumper port shall face the street, as determined by the fire marshal. E. Where reasonably necessary to protect a hydrant from damage, the fire marshal may require hydrants to be protected by two or more posts, eight inches in diameter by five feet long, made either of reinforced concrete or steel. F. If there presently exist fire hydrants which do not conform to these requirements, they shall be replaced with conforming hydrants upon redevelopment or the timetable established by the city's comprehensive Dian. G. No person shall plant any vegetation, erect any structure or perform any action which results in the obstruction of a fire hvdrant for a distance of 50 feet alona the immediate route of approach. The owner -occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than five feet. The purpose of this section is to maintain clear approach and visual area around the hydrant. H. The installation of the fire hydrants and mains may be accomplished by city capital contract, developers (as a condition of development) or public works department employees. All installations are to be approved by the city engineer. I. Following the installation of fire hydrants, all pipes, valves and hydrants shall be pressure tested, purified, flushed and sampled to meet the requirements of the American Water Works Association Standard No. C-502. [Ord. 3798 § 1, 20101. 19.25.070 Penalties. A. Any person who violates any of the provisions of the IFC including those standards of the National Fire Protection Association specifically referenced in the IFC as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by decision of the citv's hearinas examiner. or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a gross misdemeanor, punishable as provided in ECC 5.50.020. B. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time: and when not otherwise specified. each day that prohibited conditions exist or are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. [Ord. 3798 § 1, 20101. Edmonds Community Development Code 19.30.000 Chapter 19.30 ENERGY CODE Sections: 19.30.000 State Energy Code adopted. 19.30.000 State Energy Code adopted. The Washington State Energy Code, 2OW2012 Edition, as adopted and amended by the Washington State Building Code Council in Chapter 51-11 WAC, is hereby adopted. [Ord. 3796 § 5, 2010]. Chapter 19.35 VENTILATION CODE (Repealed by Ord. 3796) 19.40.000 Chapter 19.40 INTERNATIONAL PROPERTY MAINTENANCE CODE Sections: 19.40.000 International Property Maintenance Code adopted. 19.40.005 Amendments. 19.40.000 International Property Maintenance Code adopted. The International Property Maintenance Code, 2-009 2012 Edition, published by the International Code Council, is hereby adopted. [Ord. 3796 § 6, 2010]. 19.40.005 Amendments. A. Section 102.3, Application of other codes, is amended to read: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the codes listed in 19.00.005. Nothing in this code shall be construed to cancel, modify or set aside any provision of the ECDC. B. Section 106, Violations, is deleted and replaced as follows: Violation of any provisions of this code are subject to the Civil Violation — En- forcement procedures in Chapter 20.110 ECDC. C. Sections 108.2, Closing of vacant structures, 108.3, Notice, 108.4, Placarding, 108.5, Prohibited occupancy, 108.6, Abatement methods, and 108.7, Record, are deleted and replaced by the provisions of Chapter 20.110 ECDC. D. Section 111, Means of Appeal, is deleted and replaced by ECDC 20.110.040(C). E. Section 302 is deleted. F. Section 303 is deleted. G. Section 308 is deleted. H. Section 309 is deleted. [Ord. 3796 § 6, 2010]. Edmonds Community Development Code 19.45.000 Chapter 19.45 INTERNATIONAL CODE COUNCIL PERFORMANCE CODE Sections: 19.45.000 International Code Council Performance Code adopted. 19.45.000 International Code Council Performance Code adopted. The International Code Council Performance Code, 2009-2012 Edition, published by the International Code Council, is hereby adopted. [Ord. 3796 § 7, 2010]. Chapter 19.50 INTERNATIONAL EXISTING BUILDING CODE Sections: 19.50.000 International Existing Building Code adopted. 19.50.000 International Existing Building Code adopted. The International Existing Building Code, 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapter A (Guidelines for the seismic retrofit of existing buildings) and Resource A (Guidelines on fire ratings of archaic materials and assemblies). [Ord. 3796 § 8, 2010]. 19.55.000 Chapter 19.55 ELECTRICAL CODE Sections: 19.55.000 National Electrical Code adopted. 19.55.005 When code effective. 19.55.010 Nonliability. 19.55.015 Conflicts — How resolved. 19.55.000 National Electrical Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the National Electrical Code, 2008-2011 Edition, as published by the National Fire Protection Association, is hereby adopted as the electrical code for the city of Edmonds subject to the amendments made herein. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment and Administrative Rules, 2008 Edition, is hereby adopted as part of the electrical code of the city of Edmonds. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. 19.55.005 When code effective. If the state of Washington, through its duly designated electrical inspector or inspectors, for any reason fails to continue to inspect electrical installation, license the same or provide the standards, the provisions of the Edmonds electrical code as amended shall be applicable to all electrical installation in the city as if the state of Washington had not exercised jurisdiction of any kind. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. 19.55.010 Nonliability. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical equipment for damages to anyone injured by a defect of the equipment, nor shall the city or its agent be held as assuming any such liability by reason of the inspection under this code or the certificate of inspection issued by the building department. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. 19.55.015 Conflicts — How resolved. If there is any conflict between the electrical code of the city, the National Electrical Code and/or the rules and regulations as set forth by the state of Washington for electric wires and equipment, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. Edmonds Community Development Code 19.60.010 Chapter 19.60 MOVING BUILDINGS Sections: 19.60.000 Permit required. 19.60.005 Applicability. 19.60.010 Application requirements. 19.60.015 Pre -move inspection requirements and building upgrades. 19.60.020 Correction of defects. 19.60.000 Permit required. Any person who proposes to move an existing building into or through the city of Edmonds shall, before the move, apply for and obtain a moving permit from the building official. A moving permit is separate from, and in addition to, any and all other permits required to bring the moved building into compliance with current adopted codes and city regulations. Separate permit approvals for grading, shoring, foundation, remodeling, repair or alteration may be imposed to bring the building to current adopted code standards and zoning compliance for height and setbacks. [Ord. 3651 § 1, 2007]. 19.60.005 Applicability. Buildings or structures moved into or within the city shall comply with the provisions of this code including the current adopted editions of the following codes: International Building Code, International Residential Code, International Mechanical Code, Interna- tional Fire Code, Uniform Plumbing Code, Washington State Energy Code, Ventilation T,,,aoo Air- Quality Co State Historic Building Code, Unif6fffl Heusi„ "International Property Maintenance Code, and applicable state WAC amendments. [Ord. 3651 § 1, 2007]. 19.60.010 Application requirements. A. In order to obtain permits to move any building through, along, or across the streets or any public place within city limits, the building official shall determine permit submittal requirements which, at a minimum, shall contain: 1. Proposed route; 2. Location of any overhead utility lines or traffic signals along with their height along the route; and 3. Dimensions of building proposed to be moved. B. The permit application shall be reviewed by the building official, public works director, police chief, traffic engineer, fire department and any other affected city department. If the proposed moving will unduly interfere with the rights of the public as determined by the city engineer or designee, the permit shall be denied. Denial of the application by one department shall constitute denial of the permit by the city. C. A performance bond or frozen fund, pursuant to Chapter 17.10 ECDC, in an amount to be determined by the building official shall be posted prior to permit issuance guaranteeing the completion of all required site development improvements or site clean-up and/or repair of damage to public property no later than 180 days after the permit is issued. The bond or frozen fund will be exonerated upon final project approval provided all required site restoration and/or improvements are installed, inspected and approved to city standards. D. The moving contractor shall be state licensed and carry general public liability insurance for the amount no less than $1,000,000, valid during entire building moving operations, and the insurance policy shall name the city as an additional named insured, against the injury, death, property damage and/or loss arising from or out of the city's involvement in the permitting process for the project. E. As a condition of obtaining a moving permit, the moving contractor shall assume all liability for any damage to public property by such moving operations. Repair of damage to any public property improvement shall be completed under a valid permit within 30 days of date of notice. Emergency repair work performed by city crews to repair damage to public improvements shall be charged against the moving contractor. [Ord. 3651 § 1, 2007]. 19.60.015 19.60.015 Pre -move inspection requirements and building upgrades. A. Upon application and payment of the building moving permit fee, the building official shall notify coordinate a date and time to perform a pre -move inspection with the applicant. of the dateand time of his pfe ,r o eEtien The pre -move inspection shall be made at the original location of the building before it is moved. B. The applicant shall remove from the building as much of the interior wall and ceiling coverings as is necessary in the judgment of the building official to conduct a thorough inspection of the wiring, plumbing and structural features of the building. The building official shall determine what structural, energy, ventilation, plumbing, mechanical and life - safety upgrades shall be imposed on any building moved into or within city limits in compliance with current adopted codes. Designated historic buildings are also subject to provisions of Chapter 19.50 ECDC. [Ord. 3651 § 1, 2007]. 19.60.020 Correction of defects. If, at or after the time of the inspection, the building official notifies the applicant that any portion of the building, electrical wiring or rough plumbing is in any way in violation of the ordinances of the city of Edmonds, so that compliance will require a replacement of any parts or materials used, then any defective parts or materials shall be removed from the building before it is moved. Any corrections required to comply with the ECDC, IBC and IRC shall be completed and inspected before final approval and occupancy is granted. [Ord. 3651 § 1, 2007]. Chapter 19.65 MARINAS Sactinnc- 19.65.000 Application. 19.65.005 Building code — Compliance required. 19.65.010 Desian live loads. 19.65.015 Materials. 19.65.020 Area and location requirements. 19.65.025 Fire Protection Standard adopted. 19.65.030 Fuel floats. 19.65.000 Application. The provisions of this chapter apply to the construction, changes, repair and use of a small boat marina orovidina covered floatina boat mooraae within the citv. A marina is a basin of safe anchorage providing moorage for small vessels. [Ord. 3798 § 2, 20101. 19.65.005 Buildina code — Compliance reauired. All construction on or in connection with a marina shall comply with all the provisions of this title including permits, permit fees and penalties and all other applicable ordinances of the city and other applicable laws. [Ord. 3798 § 2, 20101. 19.65.010 Design live loads. A. Decks. Float decks shall have a design live load of at least 40 pounds per square foot minimum. B. Roofs. The roof structures shall have a design live load of at least 25 pounds per square foot minimum. C. Ramps. The ramps to floats shall have a design live load of at least 40 pounds per square foot minimum. [Ord. 3798 F4 2, 20101. 19.65.015 Materials. A. Roofs. Roof coverinas shall be noncombustible. B. Floats. Floating structures and floats shall be material of a type approved by the building official. [Ord. 3798 § 2, 20101. 19.65.020 Area and location requirements. A. Length of Floats. The maximum length of any combination of floats shall be 500 feet from the shore end of the aanaolank to the outer end of the main float. A main float is a center or side float connected by a ramp to the shore, being fixed laterally by a system of piling but allowed to move vertically, and may have finger floats connected at intervals. B. Length of Roofs. The maximum length of any roof over floats shall be 400 feet, measured along a main float. At least 75 percent of the exterior walls shall be open. The maximum area covered shall be 30,000 sauare feet over anv sinale main float area. C. Separation. The minimum separation of covered moorage shall be 20 feet. D. Floats, piers, and walkways shall provide an aisle not less than 44 inches in width. E. Slips and mooring spaces shall be individually identified by an approved numeric or alphabetic designator that shall be posted at each space. Signs indicating the space designators located on finger piers and floats shall be posted at the base of all piers, finger piers, floats and finger floats. [Ord. 3798 § 2, 20101. 19.65.025 Fire Protection Standard adopted. A. The "Fire Protection Standard for Marinas and Boatvards." 2006 Edition, of the National Fire Protection Association Publication No. 303 is hereby adopted to provide the minimum acceptable level of safety to life and property from fire and electrical hazards at marinas and boatyards. The most restrictive requirements from all codes and adopted standards may apply. In the event of any conflict between provisions of the fire and electrical codes of the city of Edmonds as adopted by this title, the fire and electrical codes shall prevail. B. Access and Water Supply. Piers shall be provided with fire apparatus access roads and water - supply systems with on -site hydrants where required by the fire marshal. The maximum distance from any point on a float system to an approved fire hydrant shall be 600 feet, except for fuel floats there shall be 300 feet. C. Emergency Operations Staging Areas. Approved areas on piers and ashore shall be provided for the staging of emergency equipment. These areas shall be posted with approved signage to keep clear for emergency operations. [Ord. 3798 § 2, 20101. 19.65.030 Fuel floats. A. Fuel floats shall be constructed of gas -resistant flotation material and shall be separated from other floats by at least 80 feet of open water. B. All fuel storaae tanks shall be located underaround. C. All fuel lines shall be provided with flexible connections from shore to floating facilities. D. Fire extinguishers shall be provided near fuel dispensers as approved by the Edmonds fire department. E. Gangplank access from shore to fuel floats shall be within 175 feet of fuel dispensers. F. Fresh water taps shall be available on fuel floats. G. All portions of a fuel float shall be located within 300 feet of a fire hydrant. H. Mooraae at anv fuel float shall be prohibited and unlawful except durina the shortest time necessary to take on fuel. Moorage shall be unlawful at any fuel float at any time the fuel pumps are not open for business and physically attended by the fuel pump proprietor, his agent, employee or port tenant trained to a fire department approved environmental and safety standard. It shall be the independent responsibility of the fuel pump proprietor, vessel operator, and vessel owner to comply with this subsection and each said person or class of persons shall be subject to the penalties of ECC 5.50.020 for any and all violations hereof. I. All fuel spills shall be reported immediately in accordance with local, state and federal requirements. [Ord. 3798 § 2, 2010]. Chapter 19.70 FEES Sections: 19.70.000 197n 005 Scope. Payment f fees. 19.70.010 Schedule of permit fees. 19.70.015 Establishing building construction valuation. 19.70.020 Work commencing before permit issuance. 19.70.025 Refunds. 19.70.000 Scope. Fees associated with this title including plan review, permit, inspection and related devel- opment or mitigation fees are established by this chapter and as set forth in ECDC 15.00.020. Fees may be altered pursuant to city Resolution 997. [Ord. 3651 § 1, 2007]. .. Up 0i ON 19.70.010 Schedule of permit fees. For buildings, structures, grading, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with this chapter and ECDC 15.00.020. Fee schedules are on file in the city clerk's office. A. Plan Review Fee. Before accepting a set of plans and specifications for plan review, the building official shall collect the full plan review fee. Plan review fees shall be in addi- tion to, and a percentage of, the required per- mit fee as calculated pursuant to ECDC 19.70.015. B. Permit Fee. Before issuing a building permit and releasing approved plans, the build- ing official shall collect the full building permit fees including supplemental required permit fees, inspection fees and any additional plan review fee or violation compliance fee, development fee or mitigation fee outstanding at the time of permit issuance. Building con- struction valuation shall be determined by ECDC 19.70.015. C. Inspection Fee. Inspection and reinspection fees shall be paid prior to any inspection by city staff. Inspection fees are established and set forth in this chapter. D. Related Development or Mitigation Fees. The payment of the fee for construction, alteration, removal or demolition done in connection, or concurrently with, the work autho- rized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. Fees for other permits or related development fees shall be as set forth in ECDC 15.00.020. [Ord. 3651 § 1, 2007]. 19.70.015 Establishing building construction valuation. The applicant for a permit shall provide an estimated building construction valuation at time of application. Building construction valuation for the purpose of calculating permit fees shall include total value of work including fair -market labor and materials with equip- ment needed to complete the work, including but not limited to all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. If, in the opinion of the building official, the building construction valuation is underestimated on the application, the building official shall assign a building construction valuation. Permit valuation for new construction shall be based on square footage building construction valuation as established by the building official. [Ord. 3651 § 1, 2007]. 19.70.020 Work commencing before permit issuance. Any person who commences any work regulated by this title including work on a build- ing, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a violation compliance fee established by the building official pursuant to the city's fee schedule adopted by resolution that shall be in addition to the required permit fees. The violation compliance fee shall be collected whether or not a permit is then or subsequently issued. The payment of such violation compliance fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Violation compliance fees are set forth in this chapter. [Ord. 3651 § 1, 2007]. 19.70.025 Refunds. The building official may authorize refunding of any fee paid hereunder which was erro- neously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee on an expired permit. �a'Pepon written applieation filed by the original pefmit4ee no latef than 180 days after- the date 0 fee aymem�Any application for a refund must be made in writing and describe the circumstances to justify. [Ord. 3651 § 1, 2007]. Chapter 19.75 STREET NAMES AND ADDRESS NUMBERING Sections: 19.75.000 Adoption of street name map and criteria. 19.75.005 Adoption of property and building numbering system and criteria. 19.75.010 Other street names and premises numbers prohibited. 19.75.000 Adoption of street name map and criteria. A. There is hereby established a uniform system of designating street names/numbers in the city of Edmonds. The street names/numbers are those depicted on that map entitled, "official street map," a copy of which has been authenticated by the mayor of the city and the attestation of the city clerk. The map and all explanatory matter on the map is re -adopted and affirmed and by this reference is incorporated herein as if set forth in full. Official street name/number desianations are the responsibility of the city engineer. B. Pursuant to ECDC 18.50.030. anv chanae to the name or number of anv street on the official street map shall be by action of the city council approving an ordinance changing the official street map. C. The city engineer shall maintain and update the official street map and shall designate/approve public and private street names/numbers in accordance with this chapter. All approved street names/numbers shall be forwarded to the United States Postal Service (USPS), public and private utilities, law enforcement agencies, emergency services providers, and other persons of new or corrected street names/numbers. The city engineer shall develop policies and guidelines for street names and numbers in accordance with the following guidelines. 1. New street designations shall be in accordance with the Snohomish County grid system and the official street map. 2. When descriptive street names (as opposed to numerical street designations) are allowed by subsection (C)(1) of this section, preference shall be for descriptive names with logical relationship to locale or aeoaraphic area, and avoidance of private individual names. 3. Facilitation of map reading and indexing to assist in rapid location of streets and addresses. 4. Avoidance of multiple and/or alternative names for single street sections and requirement of selection of a primary street designation to assist in the Enhanced 9-1-1 grid system for emergency services dispatching_ 5. Any other appropriate and applicable standards concerning street and street designations as well as current department of public works policies, guidelines, or rules for naming public streets as determined by the director. [Ord. 3651 & 1. 20071. 19.75.005 Adoption of property and building numbering system and criteria. A. There is hereby established a uniform system for numbering properties, buildings and primary_ structures in the city of Edmonds. The official building and property address map depicting all issued property address numbers is maintained by the building official or designee. The building official assigns, maintains and corrects addresses for the city of Edmonds and shall notify the United States Postal Service (USPS), emergency services providers and other persons of new or corrected arlrrmccac B. Addresses shall conform to the numerical and system established by Enhanced 9-1-1. The number utilized by each building or property shall be that number within the system assigned by the building official. Addresses are assigned based on the location of the driveway access or house frontage to a street and only one address is allowed per building on any lot. Numbers assigned during any previous numbering system that fit within the grid system are hereby ratified and shall remain in full force and effect. C. The buildina official shall reauire anv address not in conformance or anv address that poses a problem or confusion for safety and emergency response be changed within 30 days of written notification from the city of Edmonds. D. All owners or occupants of all buildinas and structures in the citv of Edmonds. other than or other similar buildings or structures of a secondary nature to the primary building or structure, shall affix and maintain the officially designated premises number to the building or structure pursuant to ECDC 19.00.025(0). When topography or vegetation may obscure vision from the street. the numerals shall be affixed as to be reasonably visible from the street. E. Where anv commercial buildina, multiple-familv residential structure, or other similar structure has more than one entrance serving separate occupants, a suite designation or apartment number shall be assigned to each entrance serving a tenant or resident in addition to the number assigned to the principal entrance of the building or structure. The unit designations shall be progressive as assigned in the progressive direction of the street and per the property numbering system approved by this code. F. All requests for a building or property address change shall be made in writing to the building official and all of the followina conditions shall be present in order for the reauest to be approved: 1. An obvious error shall exist (i.e., the buildina was addressed off a street not associated with the site, the building or property addresses are out of sequence, duplicate address exists), etc. 2. The existing address could delay fire, police or emergency services from finding the location in an emergency. 3. The fire department agrees the address change is necessary. [Ord. 3651 § 1, 20071. 19.75.010 Other street names and premises numbers prohibited. It is unlawful for any owner or occupant of any premises, building or structure to display a street name or premises number other than those officially designated pursuant to the provisions of this chapter, subject to penalties per Chapter 5.50 ECC and Chapter 20.110 ECDC. [Ord. 3651 § 1, 20071. Chapter 19.80 BOARD OF APPEALS Sections: 19.80.000 Purpose and applicability. 19.80.005 Application and fee. 19.80.015 B ^,.a of appef ^Hearing examiner procedures. 19.80.020 Powers and duties of the beardhearing examiner. 19.80.025 Appeals from decisions of the hearing examinerbea-rd. 19.80.030 Snohomish County regional board of appeals. 19.80.000 Purpose and applicability. A. All properly filed appeals pursuant to the adopted codes of this title shall be heard by the hearing examinerboar- of appeals efeate'' by this ehaptef. The hearing examiner bear - shall have no authority to review administrative decisions or grant modifications to the provisions of any administrative chapter as adopted by this title, nor can the hearing examiner bear waive a code requirement. B. The term "building code official" refers to the building official or fire marshal in exercise of authority over applicable building and fire codes from this chapter. BC. The hearing examiner board of appe sshall hear appeals from the building -code official's interpretation of the adopted building codes, determinations of suitable alternative methods and materials, and any other appeal delegated to a boar' of appeals pursuant to the state building codes and this code, including but not limited to the International Building Code, the International Residential Code, the International Fire Code, the International Property Maintenance Code, -IIU a „^;,,teethe State Histerz^^' Building Code, the T nifef, (ode etheAbateme-nt of Daarg s u,,;',h 's, the International Fuel Gas Code, the International Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the direction and authority of Chapter 19.27 RCW. CD. The provisions of the state building codes as adopted by the city are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by this code, provided any alternative has been approved and its use authorized by the , ttildiag7code official or on appeal or request for review by the beam E) app€alshearing examiner. rn�651 § 1�2007]. E. The provisions of this chapter shall not apply to hearing examiner proceedings under Title 20 ECDC (land use hearings) unless such a hearingis s required to be combined with a hearing under this chapter, in which case the provisions of this chapter shall only pply to the Title 19 portions of that combined hearing. 19.80.005 Application and fee. An application for appeal shall be filed with the ui code official upon a departmental form within 10 days of the date of formal written decision. The application shall be accompanied by the required fee as set forth in Chapter 19.70 ECDC and shall be complete in all aspects before the hearing shall be scheduled. Failure to supplement an incomplete application within 10 business days of filing shall constitute an incomplete application and the administrative recourse of appeal shall be denied. rn�651 § 1�2007]. ., PRIM . . M . M- - - - MM • WO . �iT�!�Elll:lf�Efff!T�STS!lIEiFE!lI:�ESTf/�Ef�i�.. 9�1 W. I. MIME • x. 19.80.015 Hearing examiner procedures. , shall be appointed to thfee yeaf tefms. Following initial tefms, subse of all shall sefve mofe than thfee eonseetitive ffill tefms, of a total of ofe than nine eonseel-Alive lend B. Regttlaf Meetings. Regulaf meetings may be held onee eaeh month, of as often as may the boafd be polled dttfing voting at the meeting. Seven membefs of the boafd shall eonsti C. Speeial Meetings. Speeial meetings may be held by the ehaifma-n and at sueh times as Any speeial meeting held at the fequest of an appellant shall be paid f6f by the appellant in quomm t speeial eti D. Exeetttive Sessions. Exeetitive sessions of the boafd may be ealled pufstiant to the State Open Publie Meetings law by the ehaifman of the viee ehaifman of the boafd and afe not open to the r„blie The building o eial shall ttend as seefet EA. Public Notice. Public notice shall be given of all meeti-,gshearings. Upon written receipt and confirmation of a complete appeal of a request, notice shall be sent to the fire department, the health department, the city attorney and the owner of the real estate and parties within 100 feet affected by the request. No hearing shall be scheduled until 15 days after the required hearing notifications are mailed. Meetings -Hearings shall be open to the public. The appellant, the appellants' representative, the buildiag- official, and any person whose interests are affected shall be given an opportunity to be heard. FHB. Department/Interested Party. At any public fneeti ig--hearing a representative of the city building and fire department and any other interested party may appear in person, by agent or by attorney, offer evidence and testimony and cross-examine witnesses. All evidence and testimony shall be presented publicly. The beafd hearing examiner may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider relevant facts within the personal knowledge of any member of the board that are stated into the record by such member. 14C. Recording. All meeti ags-hearings befefe *h,o --,e ,.,a shall be recorded. 1. Compensation. The board shall Feeeive no eempensation fegar-diess of numbef or type of eases hoary of their- tefms only fef just ea -use. Any membef! who is una-vailable f6f thfee e0fiseetitive lain.. nd veting on stieh fnattef!s • r� � 651 § 1, 2007]. 19.80.020 Powers and duties of the hearing examinerboard. A. The hearing examiner board shall adopt rules and procedures governing all proceedings consistent with the provisions set forth herein. The rules and regulations shall include meeting location, meeting time, procedures, contents of a complete appeal application and time to be allotted for each case. B. Subject to the limitations enumerated herein, the hearing examiner boafd have and may exercise the following powers: 1. The hearing examiner boafd shall have no authority relative to the interpretation of the administrative provisions of any of the state building codes, nor shall the hearing examiner bombe empowered to waive any requirement of any such code. 2. Nothing herein shall be interpreted to permit the hearing examiner beafdto hear any appeal, nor any request for deviation of design or alternative methods with respect to any property lying within a recognized landslide hazard and earth subsidence area or which is otherwise subject to the requirements of Chapter 19.10 ECDC including effecting map changes. 3. The hearing examinerbeard, on review, may approve the use of any material, alternate design or method of construction providing that it finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, design, or method is, for the purpose intended, at least the equivalent of that prescribed in the applicable code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The decision of the building code official shall not be overturned unless the hearing examiner beafdshall find that the following conditions exist: a. That the appellant properly applied for an appeal; b. That sufficient evidence, proof or testing reports were submitted by the appellant that substantiated claims of equivalency; c. That the proposed modification or alternate will not weaken the general purpose of the adopted code; d. That the proposed modification or alternate will be in harmony with the spirit and purpose of the adopted code; e. That the proposed modification or alternate will not adversely affect the public health and safety; £ That the proposed modification or alternate will not adversely affect the struc- tural integrity of the building; and g. That the proposed modification or alternate will not adversely affect the fire safety of the building. 4. To hear and decide appeals where it is alleged there is error in any notice or order made by the building code official and/or fire marshal in the enforcement of the adopted codes in this title. The hearing examiner board shall have the power to stay the enforcement of any order issued by the building and/or fire prevention department unless the building ode official and/or fire mafshal certifies that a stay of the order or denial would, in the opinion of the building code official and/or- fire mar-sha1, cause imminent peril to life or property. A stay shall not constitute hearing examiner beapproval, shall be personal to the appellant and not transferable, and shall be subject to the terms and conditions imposed by the hearing examinerbear-d. Any determination or order of the building and/or fire department shall be presumed to be correct until evidence is introduced that would support a contrary determination. 5. Whenever the owner or legally responsible person of an alleged unsafe building, structure, utility or other condition does not agree with the order from the building code official and/or fire marshal as to the correction to be made, he shall have the right to appeal to the hearing examiner bewithin 10 days from the date of said order. In his appeal, the appellant shall state how he proposes to make the unsafe building, structure, utility or other condition safe and the hearing examiner beard -may require the appellant to submit detailed engineering analysis or recommendations, accompanied by plans and specifications prepared by a state licensed architect or registered professional engineer, as prescribed in this adopted code. The hearing examinerboard, in hearing such appeals, may require substantiating data concerning the removal or other remedial steps to be taken to render the unsafe building, structure, utility or other condition safe. In any matter in which an order or notice relating to an unsafe building, structure, utility or other condition is appealed, the building and/or fire department may certify to the hearing examiner bethat the unsafe building, structure, utility or other condition could become an imminent hazard, in which case the hearing examiner beafd shall schedule a meeti i-g-hearing within five business days to hear said appeal. C. Burden of Proof. 1. The appellant bears the burden of proof in any proceeding before the hearing examinerboar-d. If there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the appeal from the decision of the building code official shall be denied. 2. The hearing examiner beafd-may continue any proceeding in order to permit the appellant to provide proof of compliance through tests conducted in accordance with general engineering practice and best scientific evidence. Such tests shall be made by the appellant and at no expense to the jurisdiction. Test methods shall be as specified by the applicable building code or by other recognized testing standards. If there are not recognized and accepted test methods for the proposed alternate, testing methods shall utilize generally accepted engineering practice and best scientific method. Reports of such tests shall be retained and made a part of record of the proceedings. D. Decision of the hearing examinerBea . 1. The hearing examiner board shall render formal written decisions within 10 days of the date of the hearing. Every decision of the hearing examiner board shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific facts shall not be deemed findings of fact and shall not be deemed compliance with the code. The building code official shall take immediate action in accordance with the decision of the hearing examinerboa-rd. 2. Copies of the decision shall be forwarded to the appellant, a copy shall be placed in the appeal file and copies shall be made available to any person as a matter of public information. Decisions shall be filed with the building or fire department as a matter of pub- lic record. 3. In the exercise of the powers described above, the hearing examiner beard —may reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination appealed from the hearing examinerboar-d, may impose conditions or requirements as deemed necessary and may hold cases in abeyance until proper information needed by the hearing examiner beads supplied. [Ord. 3651 § 1, 2007]. M INS. I OPINION MI. .� �I 19.80.025 Appeals from decisions of the hearing examinerhoard. A. The filing of a land use petition for review shall not stay proceedings upon the decision appealed but the court may grant a stay in accordance with the Land Use Petition Act. B. All decisions of the hearing examiner beard are appealable by Land Use Petition Act to Snohomish County superior court. [Ord. 3651 § 1, 2007]. Chapter 19.85 PENALTIES Sections: 19.85.000 Applicability. 19.85.000 Applicability. The provisions of all adopted codes within this title shall be subject to penalties as described herein. It is unlawful for any person, firm, corporation or other organization to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm, corporation or other organization violating any of the provisions of this title as adopted herein, or other provision of this chapter, shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title herein is committed, continued or permitted, and upon the conviction thereof of such violation, and each violation thereof such person, firm, corporation or other organization, and the officers, directors and managers thereof shall be punishable as set forth in ECC 5.50.020 and Chapter 20.110 ECDC. Nothing herein shall be interpreted to limit the discretion of the city to seek any other available civil, statutory or common law remedies. [Ord. 3651 § 1, 2007]. Chapter 19.90 LIMITATION OF BENEFITED AND PROTECTED CLASSES Sections: 19.90.000 Limitation of benefited and protected classes. 19.90.000 Limitation of benefited and protected classes. The building and supplemental codes adopted by this title are for the purpose of pro- viding for and promoting the health, safety and welfare of the general public. Nothing in this title shall be interpreted to create or otherwise establish any particular class or group of persons who will or would be especially protected or benefited by the adoption of any code in this title. [Ord. 3651 § 1, 2007]. Chapter 19.95 CONVERSION CONDOMINIUMS Sections: 19.95.010 Definitions. 19.95.020 Relocation assistance. 19.95.030 Violations. 19.95.040 Civil penalty. 19.95.050 Enforcement. 19.95.010 Definitions. The following words and phrases used in this chapter shall have the meaning set forth in this section: A. "Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to this chapter. B. "Conversion condominium" means a condominium (1) that at any time before creation of the condominium was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, for which the tenant or subtenant had not received the notice described in subsection (2) of this definition; or (2) that, at any time within 12 months before the conveyance of, or acceptance of an agreement to convey, any unit therein other than to a declarant or any affiliate of a declarant, was lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and such tenant was not notified in writing, prior to lawfully occupying a unit or executing a rental agreement, whichever event first occurs, that the unit was part of a condominium and subject to sale. "Conversion condominium" shall not include a condominium in which, before the effective date of the ordinance codified herein, any unit therein had been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an affiliate of a declarant. C. "Declarant" means any person who: 1. Executes as declarant the document, however denominated, that creates a condo- minium by setting forth the information required by RCW 64.34.216 and any amendments to that document; or 2. Reserves any special declarant right in the declaration; or 3. Exercises special declarant rights or to whom special declarant rights are trans- ferred; or 4. Is the owner of a fee interest in the real property which is subjected to the declara- tion at the time of the recording of an instrument pursuant to RCW 64.34.316 and who directly or through one or more affiliates is materially involved in the construction, mar- keting, or sale of units in the condominium created by the recording of the instrument; or 5. Undertakes to convert, sell, or offer for sale units in a conversion condominium. D. "Director" means the development services director or his designee. E. "Notice of conversion" means the 90-day notice pursuant to RCW 64.34.440(1) required to be given by the declarant or his agent to residential tenants and subtenants in possession of a portion of a conversion condominium. F. "Person" means a natural person, corporation, partnership, limited partnership, trust, association, or other legal entity. G. "Tenant" or "subtenant" means any person who occupies and has a leasehold interest in a rental unit under a lawful rental agreement, whether oral or written, express or implied. H. "Unit" means a physical portion of the condominium designed for separate ownership, the boundaries of which are described pursuant to RCW 64.34.216(1)(d). [Ord. 3651 § 1, 2007]. 19.95.020 Relocation assistance. A. Declarant shall pay relocation assistance of $500.00 per unit to tenants and subtenants who elect not to purchase a unit and who are in lawful occupancy for residential purposes of a unit, and whose monthly household income from all sources, on the date of the notice of conversion, was less than an amount equal to 80 percent of the monthly median income for comparably sized households in the Seattle -Everett Standard Metropolitan Statistical Area, as defined and established by the United States Department of Housing and Urban Development. B. The household size of a unit shall be based on the number of natural persons actually in lawful occupancy of the unit on the date of the notice of conversion. C. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance. D. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates and shall be in addition to any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance. E. Rights of tenants and subtenants set forth in the notice of conversion pursuant to RCW 64.34.440(1) must set forth tenants' and subtenants' right to relocation assistance as pro- vided in this section. [Ord. 3651 § 1, 2007]. 19.95.030 Violations. It shall be a violation of this chapter for a declarant to fail or refuse to comply with the provisions of this chapter. Each tenant and subtenant who is subjected to a violation of the provisions of this chapter shall constitute a separate violation. Each day of violation shall constitute a separate violation. [Ord. 3651 § 1, 2007]. 19.95.040 Civil penalty. Any person who fails or refuses to comply with the provisions or requirements of this chapter shall be subject to a civil penalty in the amount of $100.00 per violation per day from the date that the violation is first committed until the declarant complies with the requirements of this chapter. [Ord. 3651 § 1, 2007]. 19.95.050 Enforcement. A. Tenants and subtenants subjected to violations of the provisions of this chapter, or their agents, may file a complaint with the director. The director is authorized and directed to receive complaints and conduct such investigations as are deemed necessary such as contacting declarants and seeking explanation for apparent violations. B. Whenever it is determined that there has been a violation of this chapter, the director is authorized to pursue, at the director's discretion, enforcement of the code pursuant to the provisions of Chapter 20.110 ECDC. [Ord. 3651 § 1, 2007]. AM-5835 City Council Meeting Meeting Date: 06/18/2013 Time: 5 Minutes Submitted For: Council President Petso Department: City Council Review Committee: Type: Action Tnffher"0 finn Submitted By: Committee Action: Subject Title Presentation of Resolution and Plaque to Walker Kasinadhuni Student Representative Recommendation N/A Previous Council Action N/A Narrative Presentation of Resolution and Plaque to Walker Kasinadhuni Student Representative Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 06/12/2013 Form Review Date 06/12/2013 03:36 PM 06/12/2013 03:44 PM 06/12/2013 05:01 PM Started On: 06/06/2013 10:56 AM 5. Jana Spellman AM-5861 City Council Meeting Meeting Date: 06/18/2013 Time: 90 Minutes Submitted By: Jen Machuga Department: Planning Review Committee: Type: Action Information Subject Title Committee Action: 71, Closed record review of an appeal (File No. APL20130001) of the Hearing Examiner's final decision on Tom and Lin Hillman's critical areas and setback variances (File No. PLN20120033) for a new residence to be located at 1139 Sierra Place. Appellants: Stephen Schroeder, Cheryl Beighle, Todd Brown, & Candy Brown. Recommendation Possible options for the City Council's decision on the appeal are discussed in the June 7, 2013 letter from Jeff Taraday and Beth Ford with Lighthouse Law Group PLLC, which is included as Attachment G. The Council may affirm, modify, reverse, or remand the Hearing Examiner's decision. Refer to the June 7, 2013 letter from Lighthouse Law Group PLLC (Attachment G) for further discussion on the Council's options. Previous Council Action None. Narrative Tom and Lin Hillman submitted a consolidated application on August 1, 2012 for setback and critical areas variances for the construction of a new single-family residence at 1139 Sierra Place under File No. PLN20120033. The subject site is currently vacant and is located within the Single -Family Residential, RS-12 zone. Due to the presence of various critical areas and associated critical area buffers throughout the majority of the site, the site has major development limitations. Mr. and Mrs. Hillman requested a setback variance to reduce the minimum required street setback from 25 feet to 12 feet for the residence and 3 feet for a retaining wall, and to reduce the minimum required western side setback from 10 feet to 3 feet for a retaining wall. A Category 3 wetland and its associated buffer cover approximately the western two-thirds of the site. A Type Np stream is located on the northern side of the western approximate half of the site. Additionally, an erosion hazard area is located on the eastern side of the site. In addition to the requested setback variances, Mr. and Mrs. Hillman requested a critical areas reasonable use variance because the strict application of the City of Edmonds critical area regulations would deny all reasonable economic use of the property. A hearing on the consolidated setback and critical areas variance application was held before the Hearing Examiner on March 14, 2013. The Hearing Examiner issued an initial decision on March 28, 2013, of which the City and applicant requested reconsideration. Following an order on the reconsideration issued by the Hearing Examiner on April 16, 2013 and receipt of comments from parties of record, the Hearing Examiner issued a final decision upon reconsideration on April 24, 2013, which was mailed to all parties of record on April 25, 2013. A timely appeal by Stephen Schroeder, Cheryl Beighle, Todd Brown, and Candy Brown was received on May 8, 2013 (File No. APL20130001). Variances are Type III-B decisions which are appealable to the City Council as a closed record appeal. A closed record appeal means an administrative appeal on the record to the City Council, following an open record public hearing on a development project permit application when the appeal is on the record with no new evidence nor information allowed to be submitted, except as provided in ECDC 20.07.005.B. Only parties of record are allowed to testify at the closed record appeal. ECDC 20.07.003.B defines parties of record as: • The applicant; • Any person who testified at the open record public hearing on the application; • Any person who individually submits written comments concerning the application at the open record public hearing (or to staff if an appeal of a Type II decision). Persons who have only signed petitions are not parties of record; and/or • The City of Edmonds. Pursuant to ECDC Section 20.07.005.A, closed record appeals shall be based on the record established at the open record hearing before the Hearing Examiner, which includes the written decision of the Hearing Examiner, copies of any exhibits admitted into the record, and official transcript, minutes or tape recording of the proceedings. ECDC 20.07.005.1) also provides appellants an opportunity to submit written arguments, and parties of record and the applicant an opportunity to respond to those written arguments on a prescribed time line. Staff has developed a web page that contains all of the information related to this closed record appeal. This web page is linked from the City Council's web page and is available directly at http://www.edmondswa.gov/government/city-council/agendas/closed-record-review.html. This web page contains the record on appeal (including links to three videos that were shown at the public hearing), the appeal received, and the written arguments related to the appeal. No official transcript of the March 14, 2013 hearing was prepared; however, a link to the audio recording of this hearing is provided on the above web page. The official written record on appeal for the Hillman variance application is included as Attachment A. The written record on appeal has been Bates Stamped with sequential numbers (0001 to 0294) to help the City Council and parties of record identify and reference specific sections of the record. It shall be noted that three videos that were shown by a party of record at the March 14, 2013 hearing as well as the audio of the hearing itself are also considered to be part of the record on appeal; however, these files cannot be attached to the City's agenda software. Please refer to the web page above to access these files. The letter of appeal by Stephen Schroeder, Cheryl Beighle, Todd Brown, and Candy Brown is included as Attachment B. The written arguments, responses, and rebuttals allowed for by ECDC 20.07.005.D that have been received to date have been included as Attachments C through H. It shall be noted that the applicant has an opportunity to submit a written surrebuttal, which is due on June 14, 2013 at 4:30 p.m. If the applicant submits a surrebuttal prior to this deadline, it will be attached to the web page listed above since it will be too late to add the surrebuttal to this agenda memo. All files attached to this agenda memo and on the above mentioned web page are available for review at the Planning Division, located on the second floor of City Hall at 121 5th Ave. N. Office hours are Monday, Tuesday, Thursday, and Friday, from 8:00 a.m. to 4:30 p.m and Wednesday from 8:00 a.m. to noon. Attachments Attachment A: Written Record for Hillman Variance Application (PLN20120033) Attachment B: Appeal by Schroeder, Beighle, & Brown (APL20130001) Attachment C: Written Argument from Appellant, received 5/31/13 Attachment D: Written Response from Alvin Rutledge, received 5/30/13 Attachment E: Written Response from David Thorpe, received 5/30/13 Attachment F: Written Response from Tom and Lin Hillman, received 6/7/13 Attachment G: Written response from Lighthouse Law Group PLLC, received 6/7/13 Attachment H: Written Rebuttal from Appellant, received 6/12/13 Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jen Machuga Final Approval Date: 06/14/2013 Form Review Date 06/13/2013 04:57 PM 06/14/2013 08:59 AM 06/14/2013 09:03 AM Started On: 06/13/2013 11:20 AM I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS Phil Olbrechts, Hearing Examiner RE: Tom and Lin Hillman FINAL DECISION UPON RECONSIDERATION PLN20120033 INTRODUCTION This Final Decision Upon Reconsideration replaces the final decision issued for the above -captioned matter that issued on March 28, 2013. The requested variance and reasonable use requests remain approved. Condition 1 of the March 28, 2013 decision is modified to provide more specific direction on the relocation of the home. Condition 2, requiring stormwater monitoring, is removed. The applicants are requesting a street setback variance, a side yard variance and two critical areas reasonable use variance requests to construct a single-family home at 1139 Sierra Place. The setback variances are necessary to provide separation from an on -site wetland and the reasonable use variances are necessary because it is not possible to build a single-family home on the subject lot without encroaching into a wetland and a stream buffer. In the street setback variance request, the applicants seek to reduce the street setback from 25 feet to 12 feet for placement of the residence. In the side yard variance request, the applicants seek to reduce a side yard setback from 10 to 3 feet for placement of a retaining wall. The reasonable use variance involves a request to building within a stream and wetland buffer as well as the wetland itself. The setback variances are approved. The reasonable use variance is approved for the encroachment within the wetland and stream buffers. The conditions of approval require further staff investigation for authorization of the encroachment into the wetland itself. There is insufficient evidence in the record to determine if the proposal has been designed to minimize wetland encroachments as required by the variance criteria. Direct encroachment into a wetland, as opposed to its buffers, potentially involves a significant impairment of wetland functions. Further information is needed to determine whether the direct encroachment of this proposal should or can be avoided. Variance P. 1 Findings, Conclusions and Decision 0001 ATTACHMENT I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORAL TESTIMONY Staff Presentation Ms. Jennifer Machuga, associate planner, stated the site is at 1139 Sierra Place. The site is currently a vacant lot in a single-family residential RS 12 zone, and the property owners Tom and Lin Hillman are proposing to construct a new single-family residence on the site. As seen in the attachments in the staff report, development of the site is very limited by the existing critical areas on the property. There is a category three wetland across the middle of the property, and the minimum required fifty -foot wetland buffers cover the majority of the project site. There is also a non -fish bearing type NE stream on the northern side of the site, and the minimum required fifty -foot stream buffer overlaps the wetland buffers. There is also an erosion hazard area located on the eastern portion of the site. Due to the location of these critical areas throughout much of the site, development of the site is really impossible without some impact to these critical areas and their buffers. Ms. Machuga said the city code has a provision for when a site is so encumbered by critical areas and their associated buffers that it is not possible to develop the site in such a way that it complies with the city critical area codes. This provision, the Critical Areas Reasonable Use Variance, allows for exceptions to the requirements to the critical areas code in order to allow the development of the site in such a way that has the least possible impact on the critical areas while still allowing the applicant reasonable use of that property. The applicants, the Hillmans, are requesting Critical Areas Reasonable Use Variance because they feel that the strict application of the critical area codes would deny all reasonable economic use of the property. The applicant is also requesting a Setback Variance to reduce the minimum required street setback from twenty-five feet to twelve feet for the residents and to reduce that street setback to three feet for retaining wall. They have also proposed to reduce the minimum required western side setback from ten feet to three feet for retaining wall while the house would comply with the side setback requirements. These proposals have been consolidated onto one application and are being reviewed as a Type 3B decision. Ms. Machuga testified that the applicant has provided project plans, a wetland report, and a geotechnical report, all of which are included as attachments to the staff report. There was a previous critical areas variance that was approved on this site for the previous owner, and that variance authorized the home to be constructed on the eastern side of the site, allowing the road to cut through the wetland area. It was found, however, that locating the house on the western side of the site had less impact on the critical areas than going with what was previously approved. Therefore, the proposed residence would be in the south west side of the site. The proposed building on the site would be 2,174 square feet and would include a 570 square feet garage, almost 1,600 square feet living space on the first floor, and a little over 1,000 square feet living space on the second floor. In order for the Setback Variance to be approved, the Hearing Examiner must find that all six required criteria in ECDC 20.85.010 are met. Variance p. 2 Findings, Conclusions and Decision 0002 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 These criteria include that the site must have special circumstances that would deprive the owner of use rights and privileges permitted to other properties in the vicinity, that the approval of the variance would not grant a special privilege, that the approval of the variance would be consistent with the comprehensive plan and with the zoning ordinance, that the variance would not be significantly detrimental to public health, safety, and welfare, and that the variance is the minimum necessary to allow the property owner rights enjoyed by other property owners in the vicinity. This is discussed in detail in the staff report. Ms. Machuga stated that the request for this setback variance appears to be consistent with the required criteria, because the purpose of the requested setback variances is to pull the house further to the south-western corner of the site for minimal impact on the critical areas. The size of the proposed house appears consistent with the size of the neighbouring houses. The requested variances are consistent with the comprehensive plan and with zoning ordinances. It does not appear that reducing the setbacks for construction of the home would be detrimental, and it appears that these are the minimum variances necessary to construct a home comparable to other homes in the neighbourhood. For the Critical Areas variance to be approved, the Hearing Examiner must find that the proposal is consistent with the criteria in ECDC 23.40.210 A2 and B. These criteria include that the application of the critical areas regulations would deny all reasonable economic use of the property, that no other reasonable economic use of the property would have less impact on the critical areas, that the proposed impact on the critical areas is the minimum necessary, that there are special conditions on the property, that the inability to derive reasonable economic use from the property is not the fault of the applicant, that the variance would not grant the applicant any special privilege, that the proposal does not pose an unreasonable threat to public health, safety, and welfare, that the proposal minimizes net loss of critical areas function and volume, that the proposal is consistent with all other applicable regulations and standards, and that the approval is based on best available science. The staff report goes into detail analysing these required criteria and determined they are met. The site has special circumstances due to the location of the critical areas, and the presence of these critical areas is not due to any actions of the property owner. The size of the proposed home is consistent with the size of the neighbouring homes, thus the allowing the variance would not be granting a special privilege, and the mitigation plan detailed in the wetland report is based on the best available science and includes measures to enhance the wetland, the stream, and the buffer areas. Ms. Machuga noted that on February 26, 2013 the city issued a determination of non - significance concerning the storm water system, and the period for comments and appeals ended on March 12, 2013. No appeals were received. The city provided public notice consistent with the requirements for ECDC 20.03, and they received a few public comments. One major concern brought up in the comments dealt with drainage. The engineering division found that the proposed project is compliant with the wetland report, but they will conduct a full review of the storm water system during the building permit application review. Variance p. 3 Findings, Conclusions and Decision 0003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The attachments from the staff report and the staff report itself were entered as exhibits. A letter from the PUD was entered as an exhibit. The city received a few comments, including (1) an e-mail from Mr. David Thorpe dated March 11, 2013, (2) a letter from Mr. Todd Brown dated March 12, 2013, and (3) an e-mail from Kevin Fagerstrom, dated March 11, 2013. These were entered as exhibits in addition to an e- mail from Robert Chave dated March 12, 2013. Ms. Machuga stated that the applicant could address whether they considered putting more living space on the second floor and over the garage to avoid further encouragement on the critical areas. There is a twelve foot distance from the street in order to leave enough space for the detention room, but the applicant might better address that question. Applicants Ms. Lin Hillman explained that they originally wanted to build a one-story house, but they had several discussions with the city and with neighbours and decided to have a second floor in order to shrink the footprint. The storm drainage pipe is two feet and requires five feet on either side, which is why they needed twelve feet between the house and the street; they tried to place the storm drainage pipe as far from the stream as possible. There is evidence of the previous owner degrading the critical area, and nobody seems concerned with caring for the critical space, but her family hopes to improve the existing condition and to put a fence around the remaining wetland to prevent pickup trucks from backing in to dump debris. Ms. Hillman said that they have talked to several neighbours about the issues, and the primary concern seems to be drainage. In the past, during high rainfall events, the culvert pipes have become clogged, and the city public works people had to come to dig out the sediment, rocks, etc. inside it. Their surveyor suggested that their proposal for the property include a plan to add a metal grid from preventing large debris from getting into the pipes, which would mitigate the clogging problem. The Department of Fish and Wildlife liked the idea. She also sent applications for approval to the Department of Ecology and the Army Corp of Engineers. Public Comments Mr. Todd Brown, who lives at 1135 Sierra Place up the access lane, said that the variances are concerning to the neighbourhood because, one, he thinks factual inaccuracies and strategic omissions in the planning documents; two, the applicants have failed to get written permission from the adjacent property owners, which the city requires; three, he thinks there are insufficient mitigation measures; and, four, he thinks that there are alternative interpretations of the city code regarding the best use of the property. He said correct drainage was the most important issue. The stream is prone to flooding, and the proposed plan increases the risk that flooding poses to access to the lane, to the house at 1111 Sierra Place to the west, and to other properties downstream. There could potentially be risk to the city from flood damage. Both Variance p. 4 Findings, Conclusions and Decision 0004 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 culverts are technically private, and the city has not yet obtained written permission from the property owners at I I I I Sierra Place for this project. Mr. Brown said the code requires the approach that least impacts wetlands and most closely mimics natural water flow, but the aerial photos provided in the staff report to indicate water flow direction are factually incorrect. Additionally, he said that attachment ten is incorrect in stating that the wetland on the I I I I property is charged solely from its own springs and stream. He also wanted to dispute the claims that the southwest culvert was not viable. He himself has seen water flowing in and out, and he thinks they must have been digging in to the wrong spot when looking for the output. The culvert has never really been backed up. On top of that, he thinks a trash rack would be ineffective in preventing a blockage due to the soil types in the area. The review of neighbourhood homes strategically omitted the nearest home at 1130 Sierra Place directly across from the property. His house is 2,050 square feet, including the basement, but is on a 1,400 square foot plot, which means a smaller house is possible. There are other reasonable uses for the property, too, such as putting a small wood shop. Mr. Brown also cites esoteric reasons, considering this is the last undeveloped wetland on Olympic Avenue. Habit construction would permanently change the wildlife, and cutting down the trees in the area is inconsistent with the Edmonds personality. Mr. Brown said he and his wife have seven at least sixty different bird species on the site as well as a beaver. Mr. Brown added that he thought it would be a shame for the variances to be approved simply because a lot of time has been put into the project, and how the cheap price at which the land was purchased is evidence that this property is not meant for a project like the proposed. Mr. Steve Schroder, 1142 Vista Place, showed an aerial photograph in which you could see the proposed property in relation to his house as well as to where Mr. Brown lives. He said he is opposed to the development, because he believes there are simply pieces of land in Edmonds that are not suitable for development. The area for the proposed project is a wonderful oasis that should not be disturbed. He said that the adjacent lots were sold for around half a million dollars, but this property was purchased for only $75,000. Additionally, the development would actually encroach on the wetlands, never mind the buffer. He said that the $5,200 proposed for plans to mitigate the encroachment is hardly sufficient. He questioned why the codes make exceptions for areas that supposedly deny all reasonable economic use, because those areas ought to be preserved as they are. The reduction of the street setback from twenty-five to twelve is an example of how the variances ought to be applied, but that is the only proper application of the variances. Ms. Ina Fernandez said that she has lived in the area for thirty-five years, and she is concerned about the water flooding across the street to the mailboxes, which has happened in the past. She opposes the proposed plan as too dangerous with concern to flooding. Variance p. 5 Findings, Conclusions and Decision 0005 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Sherry Zinner, who lives at 1027 Carol Way, showed a video that she took of the area during a rainfall in December. She said that this reveals the large volume of water that comes down from the property at 1139 Sierra Place. This water was not being caught by the storm water system. She said that she consulted Mike Johnson at Storm Water Management about an ankle-deep stream that has started to form in her backyard during the heavy rain season for the last few years. He made the determination that this was not a problem for which the city is responsible; it is a private civil matter dealing with private properties. She said she is concerned, therefore, with how the proposed development project will actually handle the drainage risks. The last few development projects on wetland areas are what caused the current flooding in her backyard. Trying to redirect the storm water flow, which the proposed development will do, poses an unpredictable risk, and she does not want an experiment that might adversely affect her private property to be under the control of private property owners rather than of the city. The storm water flow is already overwhelming, and she does not want to risk an increase in flow. Mr. David Thorpe, who lives at 2117 Shell Valley Road, said he was concerned particularly with the reduction of the critical areas buffer from fifty to zero. Additionally, he pointed out that there are slope issues; they are less than forty percent but should be considered nonetheless. He said that in Shell Valley the citizens encouraged the city to build an emergency access road that cut through the wetland, and this development destroyed the wetland. The wildlife has disappeared. He said he does not want to deny people to build, or to use their property, but wetlands are rare in the city, and every remaining wetland ought to be preserved. Ms. Katherine Erikson, who lives at 615 Twelfth Avenue North, which is upside the Sierra Place property, said that she cannot speak to issues surrounding drainage, but she wanted to address one concern the Hillmans raised. She personally has witnessed the dumping on the property that Ms. Hillman mentioned, and she agrees that someone, either the government or a private property owner, ought to address that issue. The property needs someone to look after it. Staff Rebuttal Ms. Jennifer Lambert, engineering technician for the city, stated that the city is very much aware of the storm water concerns. In regards to the drainage plans, at this phase, they are looking simply at whether it is feasible to put in a drainage system that meets the current city storm water requirements. According to the wetland resources person, the natural drainage flow eventually goes into the stream, thus using the south- west culvert for overflow makes the proposed drainage plan feasible. The trash rack was supposed to be an added protective matter; the city does, in fact, maintain that culvert. Ms. Lambert said the written approval from I I I I Sierra Place to use the south-west culvert is required only if wetland resources showed that the water was naturally draining there and the applicant wanted to install some sort of storm water system that Variance p. 6 Findings, Conclusions and Decision 0006 2 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 used the culvert. But at this time, that usage of the south-west culvert is to mimic existing conditions, thus at this time nothing is changing, therefore written permission is not required. Answering a question from the Hearing Examiner, she said that a development with over 2,000 square feet is required to install some sort of storm water management system. The Hearing Examiner also asked whether encroaching on the wetlands would impair the storm water functions of the wetland, and Ms. Lamburgh referred to the Wetland Resources consultant. Ms. Andrea Bachman, the senior ecologist at Wetland Resources, said the wetland was classified as a slope wetland, a kind that is generally less functional in retaining water than a flatter wetland. In fact, the proposed development will encroach on the area in the wetland that is least useful in retaining storm water. The Hearing Examiner asked her why she thought they could not move more living space to the second floor to minimize encroachment, but she could not speak to that. Applicant Rebuttal Ms. Lin Hillman testified that the issue of the wetland mitigation plan only calling for $5,000 worth of plants was only the initial mitigation. She said the report also calls for annual monitoring and continued mitigation as necessary. She said the property was originally listed for $150,000, and the price they paid for it had a lot to do with their negotiations with her bank. Her family thought they could do a good job maintaining the property, which has been severely neglected. They see themselves as custodians of the wetland rather than as developers of the property. Ms. Hillman said the standard to which their development being held is reasonable. The standard does not say you have to avoid building in a critical area or together, or you have to build the smallest house possible in a box shape; the neighbouring houses are not held to that standard, and neither are they. The storm drainage maps from the city indicate that there are two options for sending storm water. One is the stream, which is what they have chosen to do. The other is a storm line that is across the street. If they ran a pipe from their property over to the line, the pipe would be running uphill, and tapping into the line further down the street would be extremely disruptive. The neighbours have suggested they use the southern culvert pipe, but that is not in the city's storm map, which is why she does not think using that pipe for anything other than overflow is appropriate. Their storm drainage mitigation plans would turn a flood into a trickle and would meet the requirement for storm water retention. The city mandates concerning growth management would support three houses on this property, thus the one small house they plan to build meets the balance between growth and preservation that is required. Additionally, Edmonds does not have in place a way to address the upkeep of a wetland on a larger scale. The state says that larger wetland preservation is best, but their recommendations are for a one hundred feet buffer that, if drawn around this stream, would touch neighbouring houses that have been built. Variance p. 7 Findings, Conclusions and Decision 0007 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Tom Hillman added that they are allowed reasonable use of their property, thus they should have the ability to make their house the size they want within reason. They are looking to make a reasonably sized house with as minor a footprint as possible. EXHIBITS All 27 attachments listed on page 19 of the staff report were admitted into evidence as Exhibits 1-27. At hearing on March 15, 2013 the following exhibits were also admitted: Exhibit 28 the staff report Exhibit 29 letter from the PUD Exhibit 30 e-mail from Mr. David Thorpe dated March 11, 2013 Exhibit 31 letter from Mr. Todd Brown dated March 12, 2013 Exhibit 32 e-mail from Kevin Fagerstrom, dated March 11, 2013 Exhibit 33 e-mail from Robert Shave dated March 12, 2013 Exhibit 34 an aerial photograph from Mr. Steve Schroder Exhibit 35 an aerial map from Ms. Sherry Zinner Exhibit 36 Letter from Ms. Sherry Zinner Exhibit 37 April 8, 2013 Reconsideration Request from City Exhibit 38 April 8, 2013 Reconsideration Request from Applicants Exhibit 39 April 9, 2013 Notice of Requests for Reconsideration Exhibit 40 April 10, 2013 Applicant Modification to Reconsideration Request Exhibit 41 April 16, 2013 Order on Reconsideration Exhibit 42 April 19, 2013 Todd Brown Reconsideration comments Exhibit 43 April 21, 2013 Cheri Zehner Reconsideration comments Exhibit 44 April 22, 2013 Alan Rutledge Reconsideration comments Exhibit 45 April 21, 2013 David Thorpe Reconsideration comments Exhibit 46 April 22, 2013 Applicant Reconsideration comments Exhibit 47 April 23, 2013 City Reconsideration reply Exhibit 48 April 23, 2013 Applicant Reconsideration reply Exhibit 49 Declaration of Mailing of Order on Reconsideration FINDINGS OF FACT Procedural: 1. Applicant. The applicants are Tom and Lin Hillman. 2. Hearing. A hearing was held at 3:00 pm on March 15, 2013 at the Edmonds City Council meeting chambers. 2.5. Reconsideration. Timely requests for reconsideration were filed by the applicants and the City on April 8, 2013. Notice of the requests was sent by the City to all parties of record on April 9, 2013. The applicants submitted a Variance P. 8 Findings, Conclusions and Decision 0008 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 modification to their reconsideration request on April 9, 2013 and that date is considered the date of the reconsideration requests for purposes of the ECDC 20.06.010(G) ten day decision deadline. An Order on Reconsideration, setting an initial comment deadline of April 22, 2013, was mailed out to all parties of record on April 16, 20131. Five comment letters were received. As authorized by the Order on Reconsideration, replies to the reconsideration comments were submitted by the applicant and the City on April 23, 2013. Substantive: 3. Site/Proposal Description. The applicants are requesting a street setback variance, a side yard variance and a critical areas reasonable use variance request to construct a single-family home at 1139 Sierra Place. The proposed residence contains a total living area of 2,623 square feet, with a footprint of 2,174 square feet. The subject lot is 0.93 acres in size. The purpose of the setback variances is to locate the residence and associated improvements further out of the critical areas and buffers than what otherwise might be possible. In the street setback variance request, the applicants seek to reduce the street setback from 25 feet required by ECDC 16.20.030 for the RS zone to 12 feet for placement of the residence. In the side yard variance request, the applicants seek to reduce a side yard setback from 10 feet required by ECDC 16.20.030 for the RS 12 zone to 3 feet for placement of a retaining wall. The applicants cannot build a single-family home on their property without approval of a reasonable use variance. A Category III wetland and its associated buffer cover approximately the western two-thirds of the site and extend off -site to the north and the south. The only part of the property not encumbered by the wetland or its buffer is the eastern third of the property, which could only be accessed by a driveway built through the wetland and buffers. A Type Np non -fish bearing stream is located on the northern side of the western approximate half of the site. Additionally, an erosion hazard area is located on the eastern side of the site with enough of a slope to make development of the eastern portion of the site challenging. In the reasonable use variance request, the applicants seek to construct their proposed home within the 50 foot buffer of a Category III wetland imposed by ECDC 23.50.040(F)(1)(c) in addition to construction within the wetland itself, which is prohibited by ECDC 23.50.040(B). The Category III wetland is about a half -acre in size. The total area of permanent wetland impact will be 1,790 square feet while the total area of permanent buffer impact will be 3,920 square feet. 1 In her reconsideration comments, Ms. Zehner expressed concern with the fact that she only had a few days to respond. She received the Order on Reconsideration in the mail on April 18, 2013 and comments were due April 22, 2013. The reason for the short time frame is because ECDC 20.06.010(G) requires a final decision within ten days of the receipt of a request for reconsideration. This means there is only ten days to review the request(s), prepare and mail an Order on Reconsideration, await the comments in response to the Order, review those comments and write a final decision. It should also be noted that comment from the adjoining property owners was not required for a ruling on the reconsideration requests. The four days is the most that could be provided given the short time frames imposed by City code for reconsideration review. Variance P. 9 Findings, Conclusions and Decision 0009 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The reasonable use variance request also seeks to encroach into a stream buffer. A Type Np stream traverses the northern portion of the subject property. ECDC 23.90.040(D)(1) requires a fifty foot buffer for Type Np streams. The applicants propose to build their home within 25 feet of the stream. A consolidated application for a critical areas reasonable use variance and rear setback variance was submitted by prior owners of the property, Darryl and Shari Lewis, under File No. PLN20040008 (the site was referred to at that time as 1142 Sierra Place). For the Lewis application, the residence was proposed to be located on the eastern portion of the property with an access driveway running generally along the southern side of the site, going through a portion of the wetland. The project site plan from the Lewis variance application is included for reference as Attachment 14. Additionally, a table comparing the critical areas impacts of the subject application to the Lewis variance prepared by the applicant is included within Table 2 of the "Critical Areas Study and Wetland Mitigation Plan" (Attachment 8). A building permit application was submitted under File No. BLD20080237 for the single-family residence approved under the Lewis variance application (File No. PLN20040008). That building permit application expired, and a second building permit application was submitted under File No. BLD20100196. That building permit application also expired and was never issued. The Hillmans purchased the property in April of 2011 (according to Snohomish County Assessor's records), and came up with a new design and location for the proposed residence on the southwestern portion of the subject site in an attempt to take the existing critical areas and topographical constraints better into account. The Hillmans submitted a consolidated application for the requested street and side setback variance and critical areas reasonable use variance on August, 1, 2012. 4. Characteristics of the Area. The subject site is located within a single- family residential neighborhood in Edmonds. The site is one of the few undeveloped parcels in the area and is completely surrounded by parcels that are currently developed with single-family residences. 5. Adverse Impacts. With the extensive mitigation required by the conditions of approval, there are no adverse impacts associated with the requested variances. Impacts are more specifically addressed below. A. Stormwater Impacts. One of the two impacts of greatest concern is stormwater impacts. Neighboring property owners provided compelling information on significant flooding problems in the vicinity of the project. However, the proposed home has been placed in an area designed to minimize disruption of on -site drainage patterns and the City's stormwater regulations will ensure that there are no off -site impacts. Variance P. 10 Findings, Conclusions and Decision 0010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 As noted in the critical area study, Ex.8, the location of the home is optimized to minimize stormwater impacts. The existing drainage on the site consists of a southeasterly to northeasterly flow pattern, following a downslope gradient from the high point of the property to the lowest elevation of the stream bed in its northwestern corner. The proposed single-family home for the property is located in the southwest corner of the site, where it will not interfere with the natural flow pattern of the upslope portions of the lot; the bulk of the site will remain undisturbed and continue to drain towards the stream in the present manner. Part of the home will encroach into a wetland and it is recognized that an important wetland function is to retain stormwater, which helps prevent flooding. However, the wetland report notes that the on -site wetland has a severely limited potential to provide flood control functions because of its lack of depressional features and lack of ability to become ponded. The minor encroachment into the wetland should not have any significant impact on the limited flood storage capacity of the wetland. The critical area study also concludes at page 9 that the proposal will not "create flooding issues in downstream systems". As confirmed by City engineering staff during the hearing, the City's stormwater regulations require a stormwater system that will retain pre -development stormwater volumes, velocities and discharge locations. Consequently, if the regulations satisfy their objectives there should be no stormwater impacts to adjoining properties. Further, City engineering staff have thoroughly reviewed the proposal and the comments made by concerned neighbors during the hearing process and have not found any need for additional stormwater mitigation. The March 28, 2013 decision required a three year monitoring plan to assure that the City's stormwater regulations did indeed prevent any increases in stormwater runoff as maintained by the applicants and the City. The purpose of the monitoring plan was to alleviate well justified anxieties by adjoining property owners that the proposal would contribute to flooding problems on their property. The adjoining property owners ably demonstrated during the hearing that their properties were subject to significant and regular flooding. Given that wetlands and stream buffers can serve to store flood waters during rain events, the filling of those areas as proposed by the applicants could exacerbate those flooding problems. A monitoring program would serve as an iron- clad assurance to the neighbors that the stormwater mitigation required by the City would prevent any adverse impacts as assured by the applicants' consultants and City engineers. Although a monitoring plan under these circumstances is certainly a reasonable means of responding to neighborhood concerns, the need for such a monitoring plan is ultimately not supported by the evidence in the record. Since the monitoring plan has been contested by both the applicants and the City, there is no legal basis to require it. Although neighboring property owners have shown that they have flooding problems, it is somewhat debatable whether those flood waters originate or first traverse the applicants' property. More importantly, there is no evidence that the proposal as mitigated will exacerbate these flooding problems. As previously noted, the critical areas report concludes that the proposal will not create any flooding problems and City Variance P. 1 1 Findings, Conclusions and Decision 0011 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 staff have not found any need for additional stormwater mitigation. The critical areas report was written by a wetland ecologist and City staff have training and experience in stormwater engineering. The City's stormwater regulations are based upon decades of engineering science and have been designed to prevent any increase in off -site storm -water flows. Mr. Brown has raised some good technical issues regarding maintenance of the culverts and the need for a trash rack. The conditions of approval require City engineering staff to consider these comments when evaluating the final drainage system design. Beyond Mr. Brown's comments, there is no expert evidence or otherwise to rebut the conclusions of the applicant and city experts that the proposal will not create adverse stormwater impacts on adjoining properties. It is recognized that the City's stormwater regulations only require maintenance of pre -development maintenance rates of up to a 10-year, 24-hour storm event only. This does leave the possibility that the proposal could result in an increase in off -site run- off for larger storm events. As noted in the reconsideration order, compliance with the City's stormwater regulations does not in all cases satisfy the variance and rezone criteria for ensuring that approval doesn't adversely affect neighboring properties. However, the City's stormwater regulations do set a legislative standard on acceptable stormwater impacts and standard should be followed absent a showing of unique circumstances that the regulations are ineffective for the development in question. The subject property is fairly unique in the extent of critical areas on the property. However, as previously noted the wetland do not have any significant flood storage capacity because of its lack of depressional features and lack of ability to become ponded. The proposed encroachment into the wetland is relatively minor. There is no evidence that this minor encroachment into a wetland with minor storage capacity would have any significant impact on flooding that exceeds the 10-year storm events, nor could that reasonably be inferred from the record. For these reasons, the administrative record does not support the extra -ordinary measure of stormwater mitigation beyond that required by the City's stormwater regulations, including a monitoring plan. B. Wetland Impacts. The second major impact of concern is the impacts to wetlands. The proposal will not adversely affect wetlands. The wetland report concludes at p. 8 that "the proposed development is expected to reduce the level of existing functions on the site somewhat". In order to mitigate for the wetland encroachment, the applicant proposes to enhance 15,560 square feet of the wetland, for an 8:1 ratio. The applicant also proposes to enhance 2,410 square feet of buffer in the northwestern corner of the property for a 0.5:1 ratio. With this mitigation, the wetland report concludes that there will be no net loss of wetland function. The report 2 In their reconsideration request the applicants request that the condition requiring consideration of Mr. Brown's concerns during engineering review be stricken because they are not supported by City code. Condition No. 3 clearly required consideration of those concerns "when reviewing and applying the City's stormwater regulations". Any requirements imposed by the City staff would be based upon an application of City stormwater standards to the information provided by Mr. Brown and would, consequently, be based upon City code. All conditions imposed upon this proposal are firmly rooted in the requirements of City development standards. Variance p. 12 Findings, Conclusions and Decision 0012 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was prepared by Andrea Bachman, a senior wetland ecologist working for Wetland Resources, Inc. The City's regulations require that wetland reports be either prepared by a qualified professional who is either a City selected wetlands consultant operating under a three party agreement between the applicant, city and consultant, or that the consultant's work be subject to peer review. See ECDC 23.40.090. Given the qualifications of the wetlands consultant, the safe -guards for objective review and the absence of any evidence supporting contrary determinations, it is determined that there will be no net loss of wetland function. C. Stream Impacts. No significant adverse impacts to the on -site stream are anticipated as a result of the request buffer reduction from 50 to 25 feet. ECDC 23.90.040.D.1 establishes a standard buffer width of 50 feet for Type Np streams. However, if the applicant were to provide a 50-foot stream buffer, this would push the residence further east into the Category 3 wetland. Thus, as part of the requested critical area variance, a balance is needed between potential impacts to the stream and potential impacts to the wetland. The applicant has proposed reducing the stream buffer to 25-feet, while allowing for a stormwater outfall pipe to be located within this buffer in order to directly discharge into the stream. The critical areas code does not specify a minimum ratio of stream buffer enhancement when reducing the buffer below the standard 50-foot buffer required for a Type Np stream and for a stormwater outfall pipe directly discharging into the stream. In the case of the subject lot, the entire area of proposed reduced stream buffer entirely overlaps the wetland and/or wetland buffer. As such, mitigation associated with the impacted wetland and wetland buffer will also mitigate for the impacted stream buffer. The applicant's proposal to provide mitigation at a ratio that is twice the minimum required for the portion of the wetland that is to be disturbed helps to compensate for this overlap in stream and wetland buffers. The critical areas report, p. 9, concludes that the proposed enhancement plan will improve stream buffer functions. There is no evidence to the contrary. D. Setback Variance Impacts. There are no adverse impacts discernible from the record that would result from the requested street and side yard variances. The staff report notes that "due to the topography of the surrounding area, it does not appear that the proposed residence would significantly impact existing views of Puget Sound." Despite heavy opposition from neighboring property owners, no one has raised any concern about potential view impacts and there is nothing in the record to suggest that would be a problem. Given these facts, it is determined that the proposal will not create any adverse view impacts. The side yard setback will not noticeably diminish the passage of light and air, as the eastern half of the property adjoining to the west is undeveloped and encumbered by a wetland. City staff have also not raised any concerns over site distance impacts or other traffic issues with the street setback variance request. 6. Minimum Variance. The most challenging issue for this proposal is whether the request constitutes the minimum necessary to grant relief from the City's critical area regulations. It appears that encroachments into the wetland could be almost entirely Variance p. 13 Findings, Conclusions and Decision 0013 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 avoided by limiting the building footprint to 1,600 square feet, inclusive of garage space. The need to encroach into 1,790 square feet of Class III wetland is based upon the applicants' desire to have vaulted ceilings and a driveway that could be larger than necessary to serve the property. Almost of the living space and the garage could be located within the footprint proposed outside of the wetland if the applicant fully built out the second story of the proposed home in lieu of vaulted ceilings. As noted in the staff report, the proposed living area of 2,623 square feet appears to be average, if not smaller than those of existing residences within the vicinity, as demonstrated by the sizes of other homes in the area tabulated by the applicant in Table 3 of Ex. 8. As identified by comments from Todd and Candy Brown, Ex. 23, one outlier not identified in Table 3 is the Mallot home, located across the street with living space of 2,063 square feet. If only a buffer encroachment were proposed, as opposed to encroachment into the wetland itself, the size of the proposed home would clearly be considered a minimum variance request given the larger sizes of surrounding homes. However, a significant complicating factor in this application is that it appears that the encroachment into the wetland itself could be avoided entirely if the home is redesigned to replace the vaulted ceiling space with additional living space. The only reasons for not fully using second floor living space presented by the applicant were that they have a preference for first floor living space as they grow older and they want to avoid a boxy appearance for their home. The author of the wetland report, Andrea Bachman, was not able to provide any reason why the home couldn't be redesigned to avoid encroachment into the wetland. These are not sufficient reasons to justify an encroachment into wetlands. The concern over encroachment into wetlands is premised upon the understanding that encroaching into a wetland can cause significantly greater harm than limiting encroachments to buffer areas. The primary function of a wetland buffer would appear to be protection of a wetland from adjoining development, although it is recognized that a buffer has its own significance in the provision of habitat that is unique to wetland boundaries. Although a priority for building within buffers over wetlands themselves is a reasonable inference to make, this priority is not expressly imposed in the City's wetland regulations and there is no scientific evidence in the record to support this priority. Consequently, the conditions of approval will require the wetland consultant to address whether developing in the buffer would create significantly more damage to wetland functions than limiting development to the wetland buffer by prohibiting the proposal from encroaching into the wetland. CONCLUSIONS OF LAW Procedural: Variance p. 14 Findings, Conclusions and Decision 0014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. Authority of Hearing Examiner. ECDC 20.85.020 provides the Hearing Examiner with the authority to review and act upon variance applications as Type III - A. Substantive: 2. Zoning Designations. The area is zoned Single -Family Residential (RS- 12). 3. Review Criteria and Application. Variances to street and side yard setback requirements are set by ECDC 20.85.010, quoted below and applied through corresponding conclusions of law. Variances to critical area wetland buffers are governed by ECDC 23.40.210(A)(2) and 23.40.210(B). Applicable criteria are quoted in italics below and applied through corresponding conclusions of law. ECDC 20.85.010: No variance may be approved unless all of the findings in this section can be made. ECDC 20.85.010.A(1) — Special Circumstances: That, because of special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. a. Special circumstances include the size, shape, topography, location or surroundings of the property, public necessity as of public structures and uses as set forth in ECDC 17.00.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats. b. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property; 4. The criterion is met for the street and side yard variances because the objective of the variances is to displace the footprint of the single-family home as far as possible from the Category III wetland and its buffers, which is solely attributable to the critical areas on the property. ECDC 20.85.010(B) — Special Privilege: That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning; Variance p. 15 Findings, Conclusions and Decision 0015 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. As noted in the staff report, similar setback variances have been approved for a couple other homes in the vicinity of the project in order to enable the construction of a single-family home within a critical area. In a broader sense, setback variances would likely be granted to anyone seeking to build a single-family home in the RS district vicinity if it would reduce otherwise unavoidable wetland impacts. ECDC 20.85.101(C) — Comprehensive Plan: That the approval of the variance will be consistent with the comprehensive plan; 6. The requested setback variances are consistent with the comprehensive plan for the reasons outlined at p. 8 and Section VII of the staff report, adopted and incorporated by this reference as if set forth in full. ECDC 20.85.010(D) — Zoning Ordinance: That the approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located; 7. A single-family home is a permitted primary use in the RS-12 district. Approval of the variance would be consistent with the purposes of the zoning ordinance and the RS-12 district. ECDC 20.85.010(E) — Not Detrimental: That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone; 8. As determined in Finding of Fact No. 5, there are no significant adverse impacts associated with the proposal. Consequently the criterion is met. ECDC 20.85.010(F) — Minimum Variance: That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. 9. As discussed in FOF No. 3, the purpose of the variance is to maximize the distance of the proposal from the Category III wetland and so should be considered the minimum necessary to enjoy the same development rights as others in the vicinity with the same zoning. The size of the home, which is referenced in the staff report under the analysis of the criterion quoted above, is irrelevant since any reduction in building size would not result in any reduction of the setback encroachment. Any reduction in home size should be used to increase the separation from the wetland. ECDC 23.40.210(A)(2)(a): The application of this title would deny all reasonable economic use of a property or subject parcel; "Reasonable economic use(s)" is defined pursuant to ECDC 23.40.320 as follows: "The minimum use to which a property owner is entitled under applicable state and federal Variance p. 16 Findings, Conclusions and Decision 0016 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 constitutional provisions in order to avoid a taking and/or violation of substantive due process. `Reasonable economic use" shall be liberally construed to protect the constitutional property rights of the applicant. For example, the minimum reasonable use of a residential lot which meets or exceeds minimum bulk requirements is use for one single-family residential structure. Determination of "reasonable economic use" shall not include consideration of factors personal to the owner such as a desire to make a more profitable use of the site. " 10. Application of the critical areas ordinance would deny the applicants minimum reasonable use of their property if not variance is granted. A minimum reasonable use of the subject property is a single family home. The definition of reasonable use quoted above makes it clear that minimum reasonable use is a single-family home for a lot that meets all bulk requirements, such as minimum lot size, setbacks, and lot width. Were it not for the critical areas at the project site, the subject lot is easily large enough to accommodate a single-family home that satisfies all minimum bulk requirements. No single family home could be built upon the subject property without encroaching into a critical area or a critical area buffer. The only options for the applicants are to either build the home into the wetland and stream buffers and potentially the wetland itself as currently proposed, or to build a driveway through the wetland and its buffer as proposed in the previously approved variance. ECDC 23.40.210(A)(2)(b): No other reasonable economic use of the property consistent with the underlying zoning and the city comprehensive plan has less impact on the critical area; 11. As concluded in Conclusion of Law No. 11, a single-family home is defined as a minimum reasonable use for the subject property. As a minimum reasonable use, no other type of reasonable use could be required for the property unless it allowed for a greater economic return on the property. As outlined in ECDC 16.20.010, more intense uses allowed for the subject property include uses such as churches and schools. None of these types of uses could be construed as creating less impact to critical areas. If the "other" reasonable use referenced in the criterion above encompasses different project design as opposed to different types of uses, then as discussed in Finding of Fact No. 6 there is an open question as to whether impacts could be further reduced by building upwards into the second floor as opposed to outward into the wetland. Project design appears to be more directly addressed in the next criterion and at any rate project design is addressed in the conditions of approval to ensure that the design minimizes impacts to the wetland. ECDC 23.40.210(A)(2)(c): The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; 12. As discussed in Finding of Fact No. 6 and Conclusion of Law No. 11, there is an open question as to whether the home has been designed to minimize impacts to the on -site wetland. The conditions of approval require further staff investigation and redesign of the project to the extent necessary to mitigate project impacts. According to the testimony of Mr. Brown, the applicants only had to pay $75,000 for their lot whereas other lots in the vicinity average approximately $500,000. Although Mr. Brown did not provide any hard data to substantiate his cost estimates, his assertions were undisputed by the applicants and it is fair to conclude that the purchase price of the applicants' property was substantially reduced as a result of the wetland and stream. As discussed in the Variance p. 17 Findings, Conclusions and Decision 0017 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Order on Reconsideration, investment backed expectations are one of the factors involved in assessing reasonable use. If the living space and garage is limited to the footprint identified in Condition No. 1 of this decision, the applicants would still have 2,600 square feet of living space. This would be 1,200 square feet less than the average living space available to other homes that the applicants identified in the vicinity, but given the significantly reduced land value this would still qualify as reasonable use if there was an appreciable environmental benefit to not building within the wetland. ECDC 23.40.210(A)(2)(d): The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this title or its predecessor; 13. The use limitations of the property are all directly attributable to the on -site critical areas and not to any actions by the applicant. However, the applicant's need for first floor living space due to advancing age is personally attributable to the applicants and cannot serve as justification for the currently proposed house design. ECDC 23.40.210(A)(2)(e)3: The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; 14. As determined in Finding of Fact No. 5, as conditioned there are no significant adverse impacts associated with the proposal and, therefore, the proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site. ECDC 23.40.210(A)(2)(f): The proposal minimizes net loss of critical area functions and values consistent with the best available science; and 15. As determined in Finding of Fact No. 5(B) and (C), the proposal will not create any net loss of critical area functions and values. This determination was based upon the study of a qualified wetland biologist, who in turn based her mitigation and assessment upon several scientific studies identified at p. 19 of her report. The scientific studies and the opinions and analysis of the wetland biologist qualify as best available science as defined in ECDC 23.40.310 because the biologist is professionally trained and works for a reputable company selected by the City and the studies she relied upon have been prepared by state and federal agencies such as the Washington State Department of Ecology, the U.S. Department of Interior Fish and Wildlife, and the U.S. Department of Agriculture. ECDC 23.40.210(A)(2)(g): The proposal is consistent with other applicable regulations and standards. 16. The applicant has sought and is being granted variance requests to street and side yard setback requirements that the proposal will not meet. Compliance with all other applicable regulations and standards will be assessed and enforced during building permit review. 3 In response to the many assertions of the applicants that additional stormwater conditions are not based upon code, this provision would be one such source of code authority in addition to ECDC 23.40.210(B)(5) as referenced in the applicants' 4/21/13 reconsideration comments . Variance P. 18 Findings, Conclusions and Decision 0018 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECDC 23.40.210(B)(1): Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district; 17. As testified by several neighbors, the subject property is unique in its abundance of critical areas. ECDC 23.40.210(B)(2): The special conditions and circumstances do not result from the actions of the applicant; 18. See COL No. 13. ECDC 23.40.210(B)(3): A literal interpretation of the provisions of this title would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this title, and the variance requested is the minimum necessary to provide the applicant with such rights; 19. See COL No. 10. ECDC 23.40.210(B)(4): Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings under similar circumstances; 20. The applicants simply seek to build a reasonably sized single-family home on a lot large enough for that purpose. That is a right enjoyed by all other property owners in the vicinity and is not a request for a special privilege. ECDC 23.40.210(B)(5): The granting of the variance is consistent with the general purpose and intent of this title, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; and 21. As determined in Finding of Fact No. 5, there are no adverse impacts associated with the proposal and it will not create any net loss in wetland or stream unction while also providing for reasonable use of the property. Given these factors the property the granting of the variance is consistent with the purpose and intent of the critical areas ordinance and is not detrimental to the public welfare or injurious to property or improvements in the vicinity. ECDC 23.40.210(B)(6): The decision to grant the variance is based upon the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. 22. As noted in COL No. 15, the granting of the variance is based upon best available science and as noted in Finding of Fact No. 3, there is no fish habitat associated with the proposal. Variance P. 19 Findings, Conclusions and Decision 0019 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DECISION The street, side yard and critical area reasonable use variance stream and wetland requests are approved, subject to the following conditions and modifications: 1. As discussed in FOF No. 6, staff shall consult with a qualified wetland biologist, who can be Andrea Bachman, to determine whether removing the proposed wetland encroachment would appreciably improve upon impacts to wetland functions. If there is any appreciable environmental benefit to avoiding the proposed wetland encroachment, the building footprint for the home, inclusive of the garage, will be limited to the squared building space (including the west bay window) depicted in Ex. 4, Sheet 2, excluding the garage area and the room appended to the north of the garage to the extent it encroaches into the wetland. The southeast wetland encroachment of this living space is authorized. The driveway shall be located outside the wetland. Retaining walls may be built into the wetland to the extent necessary to support the home and driveway. If the driveway cannot be built to City standards without encroaching more than a foot into the wetland, the applicants may build the home as proposed with the 1,790 square foot encroachment. 2. City engineering staff shall consider the stormwater comments of Todd Brown in Ex. 31 and the stormwater concerns summarized in the testimony section of this decision when reviewing and applying the City's stormwater regulations. 3. The applicant must obtain a building permit and all other required local, state, and federal permits prior to commencing work on the subject site. 4. Individual elements of this project are required to meet all applicable city codes. The applicant must show full compliance with all applicable regulations and standards that are not part of the approved variance at the time of building permit application review. 5. The applicant shall complete mitigation as detailed in the "Critical Area Study and Wetland Mitigation Plan" dated November 27, 2012 by Wetland Resources, Inc. (Attachment 8). 6. The existing man-made trench located along the west property line shall remain in place as a potential overflow channel for any stream high water event. In addition, the subject proposal shall not inhibit the usage of the existing southwestern storm drainage culvert. 7. During the building permit process, the applicant will be required to install a trash rack at the northwestern stream inlet if determined necessary by City staff and secure all applicable permits for all work within the stream and associated buffer. The applicant will also be required to revise the storm easement such that the easement encompasses the creek. Variance p. 20 Findings, Conclusions and Decision 0020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8. The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of time before the expiration and the city approves the application. Dated this 24th day of April, 2013. � � ::: �" - e- Phi I R.01hreehts Edmonds Hearing Examiner Appeal Right and Valuation Notices This land use decision is final and subject to closed record appeal to the City Council as authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the issuance of this decision as required by ECDC 20.07.004(B). Reconsideration may be requested within 10 calendar days of issuance of this decision as required by ECDC 20.06.010. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Variance p. 21 Findings, Conclusions and Decision 0021 Applicant's Comments in Response to Public Comment Letters Submitted in Response Hearing Examiner's Order for Reconsideration dated April 16, 2013 Date: April 23, 2013 m' k� To: Planning Director, City of Edmonds From: Tom and Lin Hillman, Applicants, 1139 Sierra PI, Edmonds qk/4fO ?�13 City of Edmonds File: PLN20120033 — Variance Approval with Conditions Applicant's Comments Regarding Letters from Brown and Zehner: Points raised in these letters appear to be, in large part, introduction of new testimony in the form of undocumented hearsay and opinions presented after the close of the hearing, and as such should not be admissible, in keeping with the Hearing Examiner's order that "No new evidence shall be allowed and all comments must be based upon evidence admitted into the record prior to the close of the hearing on March 15 [14], 2013." We could rebut their comments point by point, but not without introducing new evidence. If the Hearing Examiner does admit these letters, we would like to go on record as disagreeing with their conclusions, especially with respect to the drainage issues. In accordance with the purpose of the city's stormwater regulations, we believe our proposed stormwater detention system, installed in accordance with the City of Edmonds drainage code 18.30.00, will actually improve drainage by holding some of the runoff on -site and releasing it slowly into the stream in a controlled fashion, thus regulating the rate of flow onto the street from our property during storm events. Applicant's Comments Regarding Letters from Rutledge and Thorpe: None. We believe the above information to be true. Thank you for your consideration. Sincerely, Tom and Lin Hillman, Applicants Applicant's Comments for 1139 Sierra P1 04/23/13 Page 1 0022 1 11 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION 'oe. 1 09- April 23, 2013 Mr. Phil Olbrechts Hearing Examiner Sent via email SUBJECT. Response to Comments on Order on Reconsideration Hillman Variances - File No. PLN20120033 Dear Mr. Olbrechts, The Hearing Examiner's Order on Reconsideration issued on April 16, 2013 regarding Tom and Lin Hillman's variance application (File No. PLN20120033) allowed for all parties of record to submit written comments by 5:00 p.m. on April 22, 2013. Comments were received from five parties and were sent to the Hearing Examiner via email on April 22, 2013. The comments sent to the Hearing Examiner include the following: - Letter from Todd Brown, received 4/19/13 - Email from David Thorpe, received 4/21/13 - Letter from Cheri Zehner, received via email 4/21/13 - Letter from Alvin Rutledge, received 4/22/13 - Letter from Tom and Lin Hillman, received 4/22/13 As allowed for by the Hearing Examiner's Order on Reconsideration, the City and applicant may respond to the above comments by 5:00 p.m. on April 23, 2013. In response to the comments raised, the City would like to offer the following. With regards to stormwater flows at the subject site, the City has relied on the statements and documentation of a licensed professional Wetland Ecologist. As provided in Attachment 8 of the City's Report and Recommendations to the Hearing Examiner dated March 7, 2013, the Wetland Ecologist has indicated that stormwater from the subject site flows to the northwest culvert. It is the applicants responsibility to show compliance with stormwater codes with a city -prescribed design that attempts to match the post -development stormwater runoff rates with the pre -development stormwater runoff rates from the property up to the 10-year, 24-hour storm event only. As stated by the Wetland Ecologist and the neighbors, during heavy rain events the stream may overflow along the west property line and outfall via the southwest culvert. As the culvert is only used as an overflow outlet in both pre and post development conditions, there is no approval needed by the owners of I I I I Sierra Pl. City Engineering staff wishes to reiterate that monitoring of the proposed site stormwater management system to verify that it fully prevents any increase in stormwater discharges to 0023 neighboring properties is problematic. Flow onto the Hillman property in part comes from the City's storm system that discharges into the stream. This stream receives stormwater runoff from an area of at least 16 acres, encompassing 40+ lots and City right-of-way that were developed largely before stormwater management was required. In addition, the site is also subject to groundwater seepage from the surrounding upstream area and surface runoff from adjacent parcels, which may influence the surface water flows that come off the Hillman property. In closing, Planning and Engineering Division staff confirms its position made in the City's April 8, 2013 request for reconsideration and respectfully requests that the Hearing Examiner reconsider/clarify the findings and conclusions of the decision on the Hillman variance request in addition to Conditions #1 and #2 and add clarification of the City's appeal procedures. Sincerely, r Jennifer Machuga Jennifer Lambert Associate Planner Engineering Technician Page 2 of 2 Reconsideration dated April 16, 2013 Date: To: From: City of Edmonds File: April 22, 2013 Planning Director, City of Edmonds is Order for APR 2 2013 OOUWER Tom and Lin Hillman, Applicants, 1139 Sierra PI, Edmonds PLN20120033 — Variance Approval with Conditions CID Referenced Documents in the Record (referenced by Attachment Numbers to the Planning Division Report and Recommendation to the Hearing Examiner, dated March 7, 2013, hereinafter "City's Staff Report') Hearing Examiner's Order on Reconsideration, dated April 16, 2013 ("H.E. Order") Applicant's Request for Reconsideration of Variance Decision by Hearing Examiner, dated April 8, 2013 ("Applicant's Reconsideration Request") Hearing Examiner's Findings of Fact, Conclusions of Law and Final Decision, dated March 28, 2013 ("H.E. Decision") Planning Division Report & Recommendation to the Hearing Examiner dated March 7, 2013, with 27 attachments ("City's Staff Report") Attachment 3: Variance Request, latest revision dated February 11, 2013 ("Variance Request") Attachment 4: Project Plans (Sheet 1, revision 1 dated 1/14/13 and Sheet 2, latest revision dated 2/11/13 ("Whole Site Plan" and "Site Plan") Attachment 5: Sheet 2: Drainage, Grading & TESC dated 2-13-13 ("Drainage Plan") Attachment 6: Partial Topography Survey by Lovell- Sauerland and Associates, Inc., latest revision dated 7-18-12 ("Survey") Attachment 8: Critical Area Study and Wetland Mitigation Plan by Wetland Resources, Inc., dated November 27, 2012 ("WRI Study") Attachment 10: Applicant's Response Letter, dated January 14, 2013 including its attached site plan of 1111 Sierra Place ("Applicant's Letter of January 14, 2013" and "1111 Sierra Place Site Plan") Attachment 11: Applicant's Response Letter, dated February 11, 2013 ("Applicant's Letter of February 11, 2013") Attachment 14: Site Plan from Lewis Variance Application ("Lewis Site Plan") Attachment 18: Site Plan from Viking Properties Critical Areas Variance Application ("Viking Properties Site Plan") Attachment 20: Engineering and Planning Division Requests for Additional Information dated 8/16/12, 10/23/12 and 2/1/13 ("City's Letters" of same dates) Applicant's Comments for 1139 Sierra PI 04/21/13 Page 1 0025 Attachment 23: Comments from Todd and Candy Brown of 1135 Sierra Place, dated September 12, 2012 and September 25, 2012 (`Brown Letters" of same dates) Attachment 27: Comment Letter from Cheri Zehner of 1027 Carol Way, dated November 2, 2012 ("Zehner Letter") Exhibit 31 (from Hearing of March 14, 2013): Letter from Todd Brown ("Brown Letter of March 12, 2013") Edmonds Community Development Code (" BCDC") Storm Water Code Supplement to ECDC Chapter 18.30, dated April 20, 2010 ("Stormwater Code") Department of Ecology Stormwater Management Manual for Western Washington, 2012 edition ("DOE Manual") Note: Wording shown in [brackets] and underlined emphasis are ours. 1. Condition 1: Justification for Filling of Wetlands A. H.E. Order, page 3, line 6: "The applicant failed to justify the proposed filling of wetlands under the city's reasonable use criteria." B. H.E. Order, page 3, line 18: "The final decision on this case recognizes that staff may have already considered all of these factors and expressly states that no further inquiry or modification of the project is necessary if that is the case." C. H.E. Order, page 4, line 5: "...identify evidence in the record that supports a determination that the wetland should be filled as proposed." D. City's Letter of 10/23/12, page 2, item 5: raised the question of second floor space and asked about design alternatives that might reduce the footprint. We responded with Applicant's Letter of January 14, 2013, item 2 (on the first and second page), item 5 (on the fourth page) and item 3 (on the sixth page) with descriptions of some of the numerous design alternatives that had been considered. E. City's Staff Report, page 3: "In order to provide a clear record of the applicant's current proposal, the previous versions of the project plans and reports that were replaced by the applicant with revised versions have been excluded from this staff report." F. WRI Study, Table 3: Shows neighboring house sizes with an average Floor 1 of 2288 square feet and Floor 2 of 1435 square feet (not including garage areas). G. 1111 Sierra Place Site Plan: Shows wetland impact 3,080 sq. ft., and shows driveway and portions of building encroaching into the category 3 wetland itself. Also shows wetland enhancement and restoration areas. H. Site Plan, distance from westernmost point of existing wetland boundary to the west wall of the house is scalable at roughly 25', about the same as the width of the garage, not including any allowance for setback or retaining walls. I. Site Plan also shows required 5' minimum separation between storm detention pipes and house. Applicant's Comments for 1139 Sierra PI 04/21/13 Page 2 J. Drainage Plan shows the lowest point of the proposed storm drainage system at 211', the invert elevation (bottom of pipe) for the proposed 6" diameter pipe outfalling at the stream bank, with the rest of the systems' invert elevations higher up to achieve the slopes for downhill flows. Catch basin CB#3 at the low point of the proposed driveway (near the 218' existing grade contour line) has an invert elevation of 213.65' (or 2.65' higher than the outfall). The driveway low point is shown at 218.55' (top of CB#3). The contour line at the southwest corner of the building is 214' (or 4' lower than at the present driveway low point), making a driveway at this location too low to achieve downhill flow via the storm drainage system. K. Site Plan, Foundation Detail BWS shows storm detention pipe constraints of 5' separation from the building's wall, 2' minimum cover and 1:2 maximum slope of fill soil, in combination with the location of the existing drainage ditch, necessitating placement of the house wall at least 16' east of the west property line at the detail cut location. L. City's Staff Report, page 5-6: "The proposal takes the environmental constraints of the property into account by locating the residence on the southwestern portion of the site, as far out of the critical areas and associated buffers as possible. As such, the proposal is consistent with the applicable goals and policies of the Comprehensive Plan related to residential development." M. WRI Study, page 8: "The applicant has carefully considered the house design and size. The total footprint and living space is considerably more modest that [than] those of the surrounding properties (see Table 3). The research and design work clearly demonstrate that the proposed development is the minimum necessary to achieve a reasonable economic use of the property." N. City's Staff Report, page 10: "It does not appear that any other reasonable economic use of the property consistent with the underlying zoning and the City's Comprehensive Plan would have less impact on the on -site critical areas and their associated buffers." O. City's Staff Report, page 13: "In fact, it would be incredibly difficult to develop the site in such a way that would not include a portion of the residence to be located within the wetland itself, particularly when taking the location of the stream into account as well. P. City's Staff Report, page 9: quoting ECDC 23.40.320 definition, "'Reasonable economic use' shall be liberally construed to protect the constitutional property rights of the applicant." Q. City's Staff Report, page 10: "Minimum necessary:.... Given the special circumstances of the site, the comparison of the residence to the sizes of those in the neighborhood, and documentation within the critical areas reports, the requested critical areas variance appears to be the minimum necessary to allow a reasonable economic use of the subject site." Regarding justification for partial loss of wetland area, reference is made here to the applicable excerpts from ECDC Chapter 23.50 included in Appendix A of this document, and the following quotes. Applicant's Comments for 1139 Sierra PI 04/21/13 Page 3 0027 R. WRI Study, page 13: "Based on anticipated conditions, proper implementation of the proposed mitigation measures will result in a net increase of wetland and buffer functions over time through vegetative enhancement." S. WRI Study, page 7: "...the overall impact [associated with the proposed home construction] is relatively low when compared to the low level of function offered by the wetland upslope of the proposed development." T. City's Staff Report, page 10: "The purpose of the mitigation plan (Attachment 8) is to replace and improve the functions and values of the impacted on -site critical areas and associated buffers to the greatest extent possible." U. WRI Study, page 12: "The applicant has addressed the permanent loss of wetland through wetland fill by proposing enhancement per City of Edmonds Code requirements, and all other potential impacts have been addressed." V. H.E. Order, page 4, line 20: quoting City's Comprehensive Plan, page 83: "The natural drainage system (i.e. streams, ponds, and marshes) shall not be filled or permanently culverted except where no alternative exists." W. WRI Study, page 1 of the Wetland Rating Form — Western Washington (attached at the back of the document) classifies this wetland as a category III sloped wetland without special characteristics including bog or marsh. The study proposes partial filling of the wetland, and no filling of the stream. X. WRI Study, pages 5 & 6, Pre -disturbance Wetland Functions Assessment: "The on -site wetland is hydrogeomorphically (HGM) classified as a slope wetland because it is located on a hillside and contains groundwater seeps that "daylight" and flow through the wetland without being impounded. Slope wetlands do not improve water quality or control floodwaters to the same extent as depressional or riverine wetlands because they lack the physical characteristics to be able to impound surface water for treatment and/or flood control." Y. WRI Study, page 6, Hyrdologic Control: "While this wetland functions to maintain base flows for the on -site stream, it holds a low capacity for reducing peak flows. Similar to water quality functions, the on -site wetland has a severely limited potential to provide flood control functions because of its lack of depressional features and lack of ability to become ponded." . Condition : ,Justification for Eliminating Stormwater Monitoring A. H.E. Order, page 4, lines 13 & 14: "The code basis for this monitoring condition are the reasonable use and variance criteria that require the minimization of impacts to surrounding properties and the public health, safety and welfare". B. ECDC 23.40.210.135 states this condition: "The granting of the variance is consistent with the general purpose and intent of this title, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property." Applicant's Comments for 1139 Sierra PI 04/21/13 Page 4 C. City's Staff Report, page 8, item 5: "The proposed residence should not be detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity." D. WRI Study, page 9: "The proposed development will not be hazardous to public health, safety, or welfare. The project has been carefully designed to minimize site impacts to the greatest extent possible. It will not affect water quality or create flooding issues in downstream systems." E. Stormwater Code, volume 1, page 42, paragraph 5.7.3.2, Simplified Sizing Approach: "A pre -sized approach for sizing flow control BMPs has been developed for small site projects in Edmonds with between 2,000 and 10,000 square feet of new and replaced impervious surface area." DOE Manual, Volume I, Section 2.4.1: Minimum Requirement #6 regarding flow control (a storm water detention system) is only required on sites that create at least 5,000 square feet of impervious surface. The city of Edmonds has adopted more stringent requirements as allowed by the DOE Manual Volume I, Section 1.6.2 "Federal, State, and local government agencies with jurisdiction can require more stringent measures that are deemed necessary to meet locally established goals, State water quality standards, or other established natural resource or drainage objectives." F. Stormwater Code, volume 3, page 3-43, table 4.5.2, Maintenance Standards, No. 5 — Catch Basins, describes facility -specific maintenance standards... "intended to be conditions for determining if maintenance actions are required as identified through inspection." G. H.E. Order, page 4, lines 16 & 17: "However, in this case surrounding property owners have presented evidence that the stormwater issues in their vicinity are unique and severe." H. Brown Letter of March 12th, 2013, 3rd page: "I am happy with the current state of the north stream — since it's been on the city's culvert maintenance watch list it has weathered some very severe rainstorms without obstructing. The expense and disruption of installing a trash rack is unnecessary to keep the stream safe from flooding." I. Zehner Letter (Ms. Zehner also presented a video showing rainwater flows in the street at the March 14, 2013 hearing): "Disturbances of this wetland area will cause more flooding of properties to the west of Olympic Avenue .... The flooding events are documented through Stormwater Management (See Mike Johnson).... After extensive investigation, Mr. Johnson concluded that the issue was not regarding public street run-off. He said that it was an issue with private property groundwater and storm water and that it was a civil matter." and "The City of Edmonds knows this is a critical wetland area that retains thousands of gallons of water, and prevents flooding of lower elevations...." J. WRI Study, page 5 & 6: "Slope wetlands do not improve water quality or control floodwaters to the same extent as depressional or riverine wetlands because they lack the physical characteristics to be able to impound surface water for treatment and/or flood control .... the on -site wetland has a severely limited potential to provide flood control functions because of its lack of depressional features and lack of ability to become ponded." and page 9: "It [the project] will not affect water quality or create flooding issues in downstream systems." K. WRI Study, page 12: "A relatively small area of wetland (just over 10 percent) will be filled ...through this proposal. The portion to be filled is saturated only in the wettest time of the year, thereby currently offering limited stormwater control functions. Therefore, through properly Applicant's Comments for 1139 Sierra PI 04/21/13 Page 5 implemented mitigation measures, no significant loss of stormwater control functions is expected. Any loss of this function can be achieved through [offset by] the proposed stormwater detention design and wetland enhancement. All collected stormwater will drain to a detention feature that drains to the on -site stream. Woody species planted within the wetland areas upslope of the new house will slow the hydrologic flow through the wetland and buffer, thereby creating some resistance and hence improvement to hydrologic control functions on the site. The proposed development, including retaining walls and footing drains will be located within the outermost part of the wetland, which is the transitional (least wet) part of the subject wetland. Because the wetland's primary source of hydrology is from natural springs/seeps upslope from the proposed development, it appears unlikely that the proposed development and associated retaining wall and footing drains would result in loss of natural hydrology within the wetland. Due to the direction of flow and careful engineering it is also appears that the proposed site design would not result in over - watering the wetland. Based on these anticipated conditions, no significant drainage impacts are expected as part of this project .... The applicant has addressed the permanent loss of wetland through wetland fill by proposing enhancement per City of Edmonds Code requirements, and all other potential impacts have been addressed." Regarding Comments in Applicant'sRequest •r Reconsideration dated April; Item C. Attachment 6: Survey shows invert elevations of 208.68 and 208.87, respectively, for the south and north existing culvert inlets. Item E. Brown Letter of March 12, 2013: "Ralph Mallot's... house footprint is approximately 1400 square feet." Whole Site Plan shows a proposed area of main floor (house footprint) of 1596 sf. (Numbers do not include garages.) We appreciate the opportunity to call to your attention those items in the record which we see as significant in making our case for approval of this variance without conditions # 1 and #2. We have demonstrated due diligence and conscientious investigation of alternatives, and have concluded along with the city staff and wetland biologist that there is no reasonable use of the property in question that does not involve a wetland encroachment aspect. It is a matter of degree, and the 11 % we have requested is minimal and not detrimental to the overall functions and values the wetland provides; the net result will be an increase in those functions and values (including the flow control aspects) once our 15,560 square feet of mitigating enhancements are in place. The footprint of a house designed entirely out of the wetland would be unreasonably small, and its driveway placement would be too low in elevation to allow its storm detention system to drain downhill to the stream. The city of Edmonds' stormwater design standards are already more conservative than those required at the State level, and their storm drainage infrastructure was presumably designed by those standards to accommodate all the anticipated drainage in the built -out area. In our opinion, a flow -monitoring study of our one lot would be overkill and not result in a better design for this lot, as well as place an undue hardship on a single property owner in terms of cost and time delay. If the city determines there are Applicant's Comments for 1139 Sierra PI 04/21/13 Page 6 storm drainage deficiencies in the whole area, then perhaps a more regional analysis would be appropriate when staff time and budget allow. We will continue to try to optimize our design with consideration to all of the discussions presented to date in anticipation of our upcoming building permit application submittal. We believe the above information to be true. Thank you for your consideration. Sincerely, Tom and Lin Hillman, Applicants Applicant's Comments for 1139 Sierra PI 04/21/13 Page 7 0031 23.50.040 Development standards — Wetlands. A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. E. Category 3 and 4 Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category 3 and 4 wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan. 23.50.050 Mitigation requirements — Wetlands. Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions. [Mitigation strategies include.] 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. B. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when: 1. The lost wetland provides minimal functions as determined by a site -specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions... G. Wetlands Enhancement as Mitigation. 1. Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded wetlands... Applicants proposing to enhance wetlands must produce a critical areas report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. Applicant's Comments for 1139 Sierra PI 04/21/13 Page 8 0032 Machuga, Jen From: David Thorpe <dethorpe@frontier.com> Sent: Sunday, April 21, 2013 5:00 PM To: Machuga, Jen Subject: PLN20120033 Ms. Machuga, I agree with "no new evidence". All parties involved understood the process and that must be maintained. Thank you, David Thorpe 0633 4/22/2013 City of Edmonds Att: Ms. Machuga Planning Division 121-5th Avenue North Edmonds, Wa 98020 RE: Order on Reconsiderson RE: PLN 20120033 RE: A. B. D. Had to leave early, One of the kind oral comment should be considered if another hearing held. Party of record signed (note) sign-up sheet. on March 15, 2013 CC: file Resident Alvin Rutledge 7101 Lk Ballinger Wv Edmonds, Wa 425-776-7130 P/F Machuga, Jen From: Cheri Zehner <c.zehner@comcast.net> Sent: Sunday, April 21, 2013 9:08 PM To: Machuga, Jen Subject: Comments on Request for Reconsideration File No. PLN20120033 Attachments: Request for Reconsideration PLN20120033.pdf Hi Jen, Please find attached my comments on the Request for Reconsideration. I don't know what the deal is but we did not receive the Notice until last Thursday, April 18th. This only gave us a couple of days to prepare a response. Don't you think at least a week's notice would be reasonable? Thanks, Cheri Cheri Zehner, MPH industrial Hygienist Indoor Air Quality Management www.cherizehner.com 0635 h � i hner, MPH 1027 Carol Way Edmonds, WA 98020 Industrial Hygienist (206) 799-6382 i Indaer A& QwalityMa ejt ►�C4t www.cherizehner.com April 21, 2013 Mr. Phil Olbrechts Hearing Examiner City of Edmonds 121 5th Avenue North Edmonds, WA 98020 Dear Mr. Olbrechts, RE: Comments on Request for Reconsideration/Clarification re File No. PLN20120033 We received copies of the two requests for consideration on April 181h, giving us one businesses day to prepare our response regarding this issue. It appears that the City does not concern itself with due process. Please find below my comments on the two requests submitted. Comments on Tom and Lin Hillmans request for reconsideration. Comment 413: The videos submitted by me show a remarkable stream of storm -water running down Sierra Place, not intercepted by the storm drain located up hill of the stream on Olympic Avenue, and the stream of water turning north on Olympic Avenue not being intercepted by any storm drain. This condition begs the question, where does the water go. The video submitted only documented surface water. The water impacting our property is coming out of the ground in the backyard at 703 Olympic Avenue directly west and downhill from the Hillman property at the intersection of Sierra Place and Olympic Avenue. The Hillmans state that the water from their lot does not drain into ours. The Hillmans do not know that their surface or groundwater does not drain onto our property, and nor does the City. Comment F: Hillmans stated that they share their neighbors' concerns that drainage issues are a major priority for development in this area and that they have communicated this. Other than a couple of pleasantries at the hearing, the Hillmans have not contacted us. Our property has flooded every year since 2007, usually in the first week of December at about 2:OOAM. Are the Hillmans concerned enough to be part of our bailing team about 2:OOAM? Comments on the City of Edmonds' Request for Reconsideration Condition #2, Staff Response 1: The City states that in order to perform a storm -water monitoring program there needs to be baseline data of the current water discharge from the property. The City states that obtaining the data would be extraordinarily difficult and expensive, given that the flow is diffused off the wetland into the stream. As a property owner suffering from the consequences of indiscriminant and unmonitored land development in the Daly Place and Sierra Place area, I find it reprehensible that the City considers it too expensive a project to 40e monitor/control storm and ground water and is inadvertently putting the onus on one private property owner to pony up the funding to hire a hydrologist to save their house. Condition #2, Staff Response 2: The staff commented that the City's regulations attempt to match the post development storm -water runoff rates from the property with the pre -development storm - water run-off rates from the property up to the 10-year, 24-hour storm event only. This comment contradicts the statements made in Response 1. The staff stated that they do not have baseline data, so how can they know what post development rates are acceptable. Summary Reauest If the City does not have baseline data on storm or groundwater flow in the Sierra Place and Daly Place areas, which are the headwaters of Hindley Creek, then how can the City allow the development of the property in this area? These areas are critical wetlands. Apparently the City chooses to ignore this determination. I am disgusted with the City's lack of concern regarding the storm and ground water's devastating impact on property owners to the west and north of Sierra Place and Hindley Place. I think that the variance should be rescinded, or in lieu of it being rescinded, that the building permit not be issued until the City completes at three year monitoring plan of storm and ground water flow from the Hillman property and the surrounding headwaters of Hindley Creek. Then the City will have some baseline data. City staff are welcome to visit our property the first week of December to view and measure the volume of water that threatens to flood our basement. As a public health professional, I have embraced the concept of the precautionary principle. Basically, the principle means that if you don't know that something is safe you don't employ it. Essentially, don't use the public as a guinea pig. Please don't allow our property to be used in an experiment to find out what happens to the storm and groundwater diverted from the Hillman property. Sincerely, Cheri Zehner, MPH 0037 April 19, 2013 APR 19 201 To: Jen Machuga, Associate Planner, City of Edmonds DEVELOPMENT SERVICES COUNTER From: Todd Brown, party of record Subject: Comments in response to reconsideration requests re: PLN20120033 Dear Jen, Per the recent Order on Reconsideration from Mr. Olbrechts dated April 16, 2013,1 would like to provide this written response to the April 8, 2013 reconsideration requests. Points 1 and 2 regard buffer encroachments and storm water. In the city staff rebuttal Jennifer Lambert describes the conditions which would require written approval from the 1111 owners before a variance can be granted —that is, if it was shown that water naturally drains into the SW culvert and the applicants wanted to install some sort of storm water system that used the culvert. This is exactly the condition. Integral to the applicants' storm water drainage scheme is an overflow plan, as required by the city - the man-made ditch leading to the SW culvert as a route for overflow during high water events. During these events the north stream will be diverted to the SW culvert, substantially altering the water flow, thus requiring written permission from 1111. This is discussed more in point C below. The on -site drain system is designed to only accommodate a 10-year, 24-hour storm event. Given recent weather pattern changes and the unique, severe conditions on this site it seems reasonable to consider requirements for less frequent storm events. And if the city can't show, through some monitoring plan, that this drainage plan will be safe, then the request should be denied. The applicants' hired wetland ecologist didn't rebut the claim that the alternate drainage plan through the SW culvert was the best for the site, a position she held earlier. The applicants suggest in point 3 that flooding fears are unsubstantiated and are not enforceable review standards. While I took no pictures or videos of the flooding culvert, my wife and neighbors also witnessed these events. The city's Public Works department has records, both of when work was conducted to clear the blocked culvert and when preventive maintenance was performed. Also, I had at least 2 conversations with crew members, once when they were clearing the culvert and again as they were performing their culvert surveillance. I believe these substantiate our flooding concerns. I would like to clarify point 4, which regards the trash rack. In my presentation at the hearing I referred to Attachment 10, point 6 (a), dated January 14, 2013 from the applicants. In it they say "...including debris removal which the current proposal hopes to reduce the need for by installing a trash rack..." If you review the recording of that hearing you will hear me say from my written notes "A trash rack may be ineffective in preventing culvert blockage based on the soil type of this property." My opinion was formed after speaking to the culvert crew as they described the lay of the land and what they had removed from the blocked culvert. I'm unsure what contradictions the applicants are referring to. Comments from the city's culvert cleaning experts seem like applicable standards for review. 1 go on to say at the hearing "I think we deserve much more than just a hope that it will work." I would like to reiterate that — given the huge amount of water flow during heavy rainstorms, I would like to rely on more than the applicants' hopes that it will work to prevent our lane from being washed out. At the hearing the applicants did not rebut most of my testimony. In speaking with Tom Hillman after the hearing he said the reason was that I had made no legally rebuttable claims. From their request for reconsideration it now seems they were surprised by my comments. I would note that my written comments were submitted to the city before the required deadline, which allowed almost 3 days of review before the hearing. In point A the applicants state that our property does not receive runoff from their site. While that's true, our concern is not for our own property; rather, our access to it should the lane be flooded. They describe the 1111 owner as being helpful and agreeable "...to provide any necessary easements at the appropriate time." While that may be true, I maintain his written permission is still needed, as required by the city, and the appropriate time is during these variance requests proceedings. Point B regarding the home video is inaccurate. The video shows water rushing west, down Sierra Place, in the open culvert on the north side of the road in front of 1111. This water is easily traceable to the applicants' property. Olympic Avenue does not have any open culverts or ditches, which can be confirmed by the city. Point C again regards the culverts. The applicants state that the most water they've observed at the SW culvert's inlet is "... a small puddle." With this I agree. However, through our almost daily excursions past this culvert to our mailbox over the past 8 years, we have witnessed running water there every time it rains. A review of the site topography shows that most of the water from this property flows to the north stream — a point the applicants have made and to which I agree. A review of the topographic maps, though, shows that the water which falls on the proposed building site flows towards that SW culvert. This is the source of the flow we see during and after rainstorms and the water they wish to divert to the north stream. That it only accumulates a small puddle is further testament to the drainage value of this culvert. At the hearing the applicants said they had looked for the SW culvert outlet using some electrical culvert -finding device. In their request for reconsideration they describe snaking "a steel tape through it and found it dead -ended..." Knowing how flexible and prone to kinking these devices are, it seems that inserting a flexible steel measuring tape or electrical wire fish tape are not the most reliable methods for determining culvert patency. That it's not on the city's storm water system map seems like an easy fix — add it, especially since the 1111 owners are willing. Point D regards trees. A neighbor's conversation with Kat Ericson indicates Kat's tree opinions were misrepresented and that she doesn't support the tree removal plan. My conversations with Ida Fernandez indicate the same misrepresentation. Point E considers local house comparisons. While it's true they reviewed all of the lots directly abutting their property, many of these cannot even be seen from the proposed building site. They are higher up the hill, not accessible from the applicants' property, on completely different streets and are considered a different neighborhood. The intent of the comparison should be to look at other homes in the neighborhood — those on Sierra Place. Finally, I appreciate their ongoing concerns about drainage issues. Like them, we will also continue our diligence in reviewing these issues. Thank you for your consideration. Sincerely, YiY Z Todd Brown 1135 Sierra Place Edmonds, WA From: Phil Olbrechts Sent: Tuesday, April 16, 2013 11:14 AM To: Machuga, Jen Subject: RE: Hillman Reconsideration Order And of course the City and the Hillmans can reply to any public comments that come in by the April 22 deadline. From: Phil Olbrechts [mailto. Sent: Tuesday, April 16, 2013 11:09 AM To: 'Machuga, Jen' Subject: RE: Hillman Reconsideration Order They've already been mailed out to all parties. From: Machuga, Jen jmailto:Jen.Mach ugaCcbedmondswa.gov] Sent: Tuesday, April 16, 2013 10:47 AM To: 'Phil Olbrechts' Subject: RE: Hillman Reconsideration Order_ Hi Phil, Could you please double check the dates in Item D under the "Order on Reconsideration" heading? I believe it is meant to state the following: If any public comments (i.e. not those from staff or the applicant) are received by April 22, 2013, the applicant and/or staff may reply to those comments by 5:00 pm, April 23, 2013. Also, are you going to be mailing this out to all parties of record, or do we need to send it out? Thank you, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 Jen.Machug_a@edmondswa.gov From: Phil Olbrechts [mailto: Sent: Tuesday, April 16, 2013 9:58 AM To: Machuga, Jen Subject: Hillman Reconsideration Order 1-1117-119 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS Phil Olbrechts, Hearing Examiner RE: Tom and Lin Hillman Order on Reconsideration PLN20120033 The City and the Applicant have requested reconsideration of the final decision on the above -captioned matter. The reconsideration requests are based upon the mistaken impression that new evidence can be considered after the close of the hearing. The rule against consideration of new evidence significantly affects the arguments made in the reconsideration requests as well as the remedies sought in those requests. For those reasons all parties of record (anyone who participated in the hearing) will be given an opportunity to comment on the reconsideration requests taking into account the "no new evidence" rule. Comments are due April 22, 2013. Details on submission are provided at the end of this order under "Order on Reconsideration". Background A final decision on the above -captioned matter was issued on March 28, 2013. Both the City and the Applicant submitted requests for reconsideration on April 8, 2013. The requests for reconsideration were mailed to all parties of record by the City on April 9, 2013. The applicants submitted a modification to their request on April 10, 2013, which stated as follows: We hereby retract the portion of the last sentence of item D regarding tree removal that included the names of two of our neighbors. We did not receive their permission to use their names and regret that we included them. The April 10, 2013 is accepted as part of the applicants' reconsideration request. The requests for reconsideration primarily focus upon Conditions No. 1 and 2 of the final decision in this matter, which address wetland filling and stormwater controls, respectively. Other matters were also addressed in the reconsideration request. There is no need for additional argument on those additional matters and they will be addressed in the final Decision on Reconsideration. Order on Reconsideration P. 1 Findings, Conclusions and Decision 0042 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 No New Evidence Rule Although there has not yet been a court opinion that directly addresses the issue, it is widely recognized and accepted that no new evidence is permitted once a hearing is closed. This requirement derives from the Regulatory Reform Act, Chapter 36.7013 RCW. RCW 36.70B.050(2) provides that a permit application shall be subject to no more than one "open record hearing". An "open record hearing" is defined by RCW 36.70B.020(3) to constitute a hearing that creates the administrative record for the review of a permit application. As further detailed in the definition, the administrative record is composed of the "...testimony and submission of evidence and information...". Judicial review of a permitting decision is limited to this administrative record, subject to some limited exceptions. See RCW 36.70C.120. The purpose of the one hearing rule is to reduce the considerable amount of time and expense involved in multiple public hearings as well as to reduce public confusion as to when and how to provide timely comments on land use proposals. See RCW 36.7013.010. For this reason, when a hearing is announced as closed that is the end of the hearing and no new evidence can be considered from that point forward. There are four reasons for this interpretation: (1) allowing new evidence after the close of a hearing would serve to completely undermine the one hearing limitation, by opening the door to multiple additional hearings under the guise of "re -opening" the initial hearing; (2) in order to further the objective of reducing public confusion, the announcement of the close of a hearing should serve as a reliable assurance to the public that no new evidence will be considered so that from that point forward hearing participants no longer need to be vigilant about monitoring the decision making process to rebut newly admitted evidence; (3) permit decisions must be based upon the administrative record only since the courts reviewing those decisions limit their consideration to the administrative record -- the announcement that a hearing is closed serves as an announcement that the compilation of the administrative record is completed and that no new evidence will be considered; and (4) the consideration of new evidence after the close of a hearing would probably be considered to qualify as an ex parte communication that is prohibited by the appearance of fairness doctrine. See RCW 42.36.060. "No New Evidence" and Condition No. 1 The "no new evidence" rule sometimes presents a dilemma in situations where the administrative record contains insufficient information to support a finding of compliance with applicable permit criteria. The applicant has the burden of proof in establishing that all criteria are satisfied and a permit cannot be approved unless a finding can be made that all criteria are satisfied. Consequently, when the administrative record does not contain enough evidence to establish compliance with a permit criterion, the permit cannot be approved. The natural inclination under such circumstances is to request additional information from the hearing parties, but such a request would be barred by the "no new evidence rule". Denial of the permit Order on Reconsideration p. 2 Findings, Conclusions and Decision 0043 2 9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 application in many cases is the only option. Denial due to insufficient information is a harsh result given that the permit may actually comply with applicable permit criteria. The reversal can be avoided through the adoption of conditions of approval that require staff verification of limited information and/or minor modifications to the proposal as necessary to assure compliance with permitting criteria. That is why Condition No. 1 was imposed in this case. Condition No. 1 was imposed because the applicant failed to justify the proposed filling of wetlands under the City's reasonable use criteria. Under the city's critical area regulations, an encroachment into a wetland should arguably only be authorized as a measure of last resort where no other options for reasonable use of land are available. In this case it gppears that most, if not all, of the portion of the home encroaching into the home could be moved to the second floor of the home in lieu of the proposed vaulted ceilings. The wetland encroachment could potentially be further reduced by displacing the home further to the north into the stream buffer. The only justification provided in response to the examiner's repeated inquiries on this issue was that the applicants wished to avoid an odd shaped home and that they needed a rambler as they advanced in age (despite the fact that the home already has a second story). Neither of these reasons comes close to supporting a finding that the filling of a Class III wetland is necessary for reasonable use of the land. Although the applicants did not provide any adequate justification for the filling of a wetland, it is very possible that such justification exists. It is possible that further encroachment into the stream buffer would cause more environmental damage than avoiding wetland fill, or perhaps the displacement of living space to the second floor would make little difference because almost all of the proposed fill would still be needed for a safe driveway. There may well be other very good reasons for retaining the design "as is". Those reasons are just not evident in the record. The final decision on this case recognizes that staff may have already considered all of these factors and expressly states that no further inquiry or modification of the project is necessary if that is the case. As noted in the City's request for reconsideration, the delegation of some fact finding to the conditions of approval as contemplated in Condition No. 1 is problematical because the notice and appeal process for the staff s implementation of conditions of approval differs from that which applies to the original variance and reasonable use decisions. That argument is of limited persuasiveness because the implementation of any condition of approval requires some interpretation and fact finding by staff. The issue is ultimately a matter of degree, where a condition of approval could delegate so much decision making authority to staff that it violates code provisions that require the examiner rather than staff to make the final decision. For Condition No. 1 staff have essentially argued that they have been delegated too much decision making authority because the condition is not sufficiently specific. Order on Reconsideration p. 3 Findings, Conclusions and Decision 0044 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Condition No. 1 is more specific than the reasonable use criteria that staff were comfortable in applying for their staff recommendation. Condition No. 1 also restricts the staff s decision making authority to moving the limited portion of the home located in the Class III wetland to the second story of the home or further northward. It is debatable whether or not the parameters of Condition No.I do in fact constitute an improper delegation of authority. If staff is correct in this position, there are three remaining options: (1) deny the application; (2) formulate a more specific condition that doesn't improperly delegate decision making authority; or (3) identify evidence in the record that supports a determination that the wetland should be filled as proposed. The consideration of new evidence as suggested by staff in their reconsideration request is not an option since that would violate the "no new evidence" rule. In regards to providing for a more specific condition, staff suggested in its reconsideration request that the examiner identify how much space should be displaced out of the wetland. This cannot be done without knowing the design options for the driveway, the impacts to the stream buffer and the amount of space available for development on the second floor of the home. Condition No. 2 — Stormwater Monitoring In their request for reconsideration, the City and applicants have made some compelling arguments for the elimination of the stormwater monitoring condition. The code basis for this monitoring condition are the reasonable use and variance criteria that require the minimization of impacts to surrounding properties and the public health, safety and welfare. The home, and hence its associated stormwater impacts, could not be built as proposed but -for the approval of the variance and reasonable use applications. The City has adopted extensive stormwater regulations that are usually found adequate to address stormwater impacts. However, in this case surrounding property owners have presented evidence that the stormwater issues in their vicinity are unique and severe. The proposal could exacerbate this situation by allowing the placement of a home in buffers and critical areas that are in part protected by the City's critical area regulations in order to prevent adverse stormwater impacts. The City's comprehensive plan recognizes this function by providing at p. 83 that "the natural drainage system (i.e. streams, ponds, and marshes) shall not be filled or permanently culverted except where no alternative exists."' The requirement of a monitoring plan to ensure that the City's stormwater regulations effectively addresses this fairly unique situation is an arguably reasonable means of ensuring that approval of the variance doesn't adversely affect the public or surrounding properties. Applicant's Presentation of New Evidence in Reconsideration Request In their reconsideration request the applicants submitted numerous comments that 1 Legal authority, such as City regulations, court opinions and adopted comprehensive plan policies, are not subject to the "no new evidence" rule. Examiners are allowed to take "judicial notice" of legal authority. Order on Reconsideration p. 4 Findings, Conclusions and Decision 0045 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appear to contain information that was not submitted into the record. The applicants claim that this additional information was necessary in order to address documents that they did not have time to review at the hearing. However, the applicants did not object to entry of the documents into the record when they were admitted as exhibits nor did they request any additional time for review and comment prior to the close of the hearing. For these reasons, the applicants were given a fair opportunity to review all exhibits entered into the record and no additional evidence may be submitted subsequent to the close of the hearing. Any evidence submitted after the close of the hearing is barred from consideration. Investment Backed Expectations COL No. 10 of the final decision on this matter noted that the purchase price is irrelevant under the City's definition of reasonable use. For clarification, this conclusion was addressing the issue of whether a home should be considered a minimum reasonable use for the Hillman property. Under the City's reasonable use definition, the applicants are entitled to build a home on their property no matter how little they spent in purchasing the property. However, the purchase price is still a relevant consideration on the size of the home. "Investment backed expectations" (i.e. purchase price) is one factor considered in assessing reasonable use and takings and due process claims. See Presbytery of Seattle v. King County, 114 Wn.2d 320, 330, 787 P.2d 907 (1990); Buechel v. D.D.E., 125 Wn.2d 196 (1994). The applicants may be at somewhat of a disadvantage in arguing that they are entitled to a home of comparable size to others in their neighborhood if they paid significantly less than their neighbors for their property because of the presence of wetlands and their sole reason for filling those wetlands is house size. ORDER ON RECONSIDERATION A. All persons (including the applicants and the City) who have submitted written or oral comment on the above -captioned Hillman variance and reasonable use requests prior to the close of the hearing may provide a written response to the April 8, 2013 reconsideration requests from the City and applicants as well as this reconsideration order. Any such written responses are due by 5:00 pm, April 22, 2013 and should be received by Jen Machuga at the City of Edmonds. B. Comments may be submitted to Ms. Machuga by email at Jen.Machuga(ab,edmondswa.gov, or delivered or mailed to her at City of Edmonds, Planning Division, 121 - 5th Avenue North, Edmonds, WA 98020. C. No new evidence shall be allowed and all comments must be based upon evidence admitted into the record prior to the close of the hearing on March 15, 2013. D. If any public comments (i.e. not those from staff or the applicant) are received by March 15, 2013, the applicant and/or staff may reply to those comments by 5:00 pm, April 23, 2013. Order on Reconsideration p. 5 Findings, Conclusions and Decision 0046 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E. Comments shall be limited to the reconsideration issues pertaining to Condition No. 1 (wetland filling) and Condition No. 2 (stormwater monitoring) of the final decision on this matter. F. In its reconsideration response due April 22, 2013, the applicants are also invited to identify the evidence in the record it used to make its comments in its April 8, 2013 reconsideration request. As previously noted, any information not taken from the record of this proceeding cannot be considered. Dated this 16th day of April, 2013. Ph, h_ oibrcci s Edmonds Hearing Examiner Order on Reconsideration p. 6 Findings, Conclusions and Decision 0047 Machuga, Jen From: Lin Hillman <LinHillrnan@comcast.net> Sent: Wednesday, April 10, 2013 3:25 PM To: Machuga, Jen Cc: Tom Hillman Subject: Reconsideration of PLN2012033 Hearing Decision Attachments: RetractMemo041013.doc Hi Jen, Could you please include the attached as part of the record during this reconsideration period? Do I need to bring in a signed hard copy to the office or is this emailed one okay? Thanks, Lin Memorandum Date: April 10, 2013 Regarding: PLN20120033: Decision of March 28, 2013 and Reconsideration Request Dated April 8, 2013 Notice of Retraction To: Planning Director, City of Edmonds Requestors: Tom and Lin Hillman, Applicants 15915 74th PI W, Edmonds WA 98026 (425) 745-4669 LinHillman@comcast.net Retraction of Portion of Request for Reconsideration We hereby retract the portion of the last sentence of item D regarding tree removal that included the names of two of our neighbors. We did not receive their permission to use their names and regret that we included them. Sincerely, Tom and Lin Hillman UT'' OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 . Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION {hC. l89" Notoce of Requests for Reconsideration Date: April 9, 2013 To: Phil Olbrechts, Hearing Examiner Tom and Lin Hillman, Applicant Parties of Record of File No. PLN20120033 Interested Parties of File No. PLN20120033 Subject: Requests for Reconsideration of Hearing Examiner's Decision on the Hillman Variance, File No. PLN20120033 Two requests for reconsideration of the Hearing Examiner's decision regarding Tom and Lin Hillman's variance application for a new single-family residence at 1139 Sierra Place (File No. PLN20120033) were filed on April 8, 2013 pursuant to Edmonds Community Development Code (ECDC) 20.06.010. One request for reconsideration was made by the applicant and one request was made by the City. Both requests are enclosed with this notice. This notice of request for reconsideration is being sent to the Hearing Examiner, applicant, and parties of record of the subject application according to the requirements of ECDC 20.06.010.F. The notice is also being sent to interested parties of the subject application as a courtesy. Pursuant to ECDC 20.06.010.G.1, the time period for appeal shall recommence and be the same for all parties of record once the Hearing Examiner's decision on the requests for reconsideration is issued. Any questions may be directed to the Planning Division at (425) 771-0220. Sincerely, Jeri Machuga Associate Planner Enclosures: Request for Reconsideration by Tom and Lin Hillman, filed 4/8/13 Request for Reconsideration by City, filed 4/8/13 Cc: Phil Olbrechts, Hearing Examiner Tom and Lin Hillman Ida Fernandez Cheri Zehner Adam and Emily Fountain Todd and Candy Brown Stephen Schroeder and Cheryl Beighle David Thorpe Katherine Ericson Alvin Rutledge 0050 IT M-n • • • - TU • •' - on Examiner Date: Regarding: To: 4�' PLN20120033: Decision of March 28, 2013 1V Planning Director, City of Edmonds Requestors: Tom and Lin Hillman, Applicants 15915 741h PI W, Edmonds WA 98026 (425) 745-4669 LinHillman@comcast.net We ask that reconsideration include the following: 1. The opinion of wetland biologist Andrea Bachman of Wetland Resources, Inc. which was emailed to Jennifer Machuga of the Planning Department on Friday, April 5, 2013 in response to condition 1. We believe this addresses the issues and the condition should be removed. (Additionally we feel that the part of this condition that directs staff to "displace as much of the wetland encroachment into the second story of the proposed home and further northward into the buffer as much as reasonably possible" is both vague and unenforceable. It is not staff's role to perform redesign functions, nor to presume what level of reduced encroachment the hearing examiner would view to be reasonable.) 2. Revision of condition #2 to indicate a code source for the requiring of a stormwater monitoring program for a single-family residential project as well as a performance standard to which it should be held, or elimination of this condition. 3. Revision of condition #3 to limit city engineering staff's application of stormwater regulations to the appropriate code sections and city policies. Neighbors' unsubstantiated claims and letters describing their no -growth opinions and flooding fears are not enforceable review standards. 4. Removal of condition #8 requiring trash rack installation. Our proposing of - stream •-• was in direct response to Mr. Brown's previously stat-• concern• - culvert blockage • potential 0051 overflow, but we are willing to remove it from our plans should city engineering staff s review determine it is either unneeded or in any way detrimental to the flow of the stream. This should be determined during staff review subsequent to our building permit submittal. Mr. Brown's opinions that the proposed trash rack is both "unnecessary to keep the stream safe from flooding" (page 3) and "insufficient to prevent culvert obstructions" (page 4) are contradictory and not standards for review. During the hearing, documents were entered into the record which were not part of the packet of exhibits distributed prior to the hearing, and we had neither seen nor read until they were given to us at the hearing itself. We were not given sufficient time to prepare an adequate rebuttal to the points made in these documents written by the neighbors. Therefore we would like to make herewith the following points of clarification and rebuttal to the comments generated by the neighbors: A. Both Mr. Brown and Mr. Schroeder own properties that are upslope of the proposed project and would not receive runoff from our site. Mr. Hachler of the immediately neighboring 1111 Sierra Place directly to the west and downslope of the property has been very helpful and agreeable to our proposed development. He granted access to his property for our investigation of drainage issues and offered to provide any necessary easements at the appropriate time. B. The home video shown at the hearing showed rainwater flows northward along Olympic Avenue that were coming from the south, not from our property. Our lot does not drain to theirs. C. The existing culverts under the lane accessing neighboring properties to the north have invert elevations within 2-1/2 inches of each other. The northwest (streambed) one is at 208.87' and the southwest at 208.68', which led us to believe that runoff from our lot could drain either way. The most water we have observed at the southwest culvert's inlet over the 2 years we have owned the property is a small puddle. On the other hand, the northwest culvert in the streambed has always had an ongoing flow. We abandoned our idea of using the southwest culvert when we snaked a steel tape through it and found it dead -ended, and also discovered it was not included in the city's stormwater system map. The map showed the northern streambed stormwater path as well as a storm pipe line across the street in the neighbors' front yard under a rockery built over the city right-of- 0052 way. We decided the streambed discharge was less disruptive and more in keeping with the existing flow path. D. The location of our proposed residence requires tree removal of primarily older and smaller alders, many of which are leaning and pose falling hazards. The largest one we intend to take out is a 40-inch maple which is a stump. We have made continuing efforts to retain both the 42- inch cedar in the middle of the stream buffer as well as the 36-inch maple at the buffer's edge, keeping our building envelope as far out of the drip lines (canopies) of these trees as we could. The hearing examiner's suggestion of moving the house further northward into the stream buffer ignores these significant trees. Additionally, two of the neighbors (Fernandez and Ericson) have verbally expressed their agreement with our proposed tree removal. E. Our comparison of the building footprints and square footages of living spaces and garages of neighboring properties considered all of the lots immediately abutting ours. Our proposal showed a smaller size than all of them. The Mallot house across the street, and other homes further away were not included. We agree that the Mallot home is smaller than our proposal. However, including it in the analysis would still show that our proposal is smaller than the average of all the homes nearby, and therefore still reasonable. We do not claim, nor do we need to show, that we are proposing the smallest house in a 300-foot radius, nor in the R-12 zone. F. We wish to reiterate that we share the neighbors' concerns that drainage issues are a major priority for development in this area, and we have communicated this to them. We are prepared to continue our diligence in studying the issues, requirements and best available science and engineering practices to apply to this project. We believe the contents of this request to be true. Thank you for your reconsideration. Sincerely, Tom and Lin Hillman 0053 Fwd: Sierra Place property, Edmonds mailbox:///C:/Email/mail.comcast.net/Sent?number=528646... Subject: Fwd: Sierra Place property, Edmonds From: Lin Hillman <LinHillman @comcast.net> Date: 4/5/2013 8:50 AM To: "Machuga, Jen" <Jen.Mach uga@edmondswa.gov> CC: "Lambert, Jennifer" <jennifer.lam bert@ci.edmonds.wa.us> Hi Jen, Here's Andrea's opinion regarding the decision. Lin Original Message Subject:Sierra Place property, Edmonds Date:Thu, 4 Apr 2013 18:19:40 -0700 From:Andrea Bachman <andrea@wetlandresources.com> To:Lin Hillman <LinHillman @comcast.net> Hi Lin, This is regarding the question of whether encroaching into the on -site Category III wetland causes significantly more damage to the wetland functions than building within its buffer. The buffer in consideration is the 25' wide upland area between the proposed house and the on -site Type Np stream. While this area is both a wetland and stream buffer, it was specifically retained for protection of the stream. In considering all ecological functions provided on this site, it is my opinion is that the current proposal is likely to be the least damaging alternative. On this particular site, buffers provide functions that are as important as wetland functions. If the house were constructed closer to the stream, it would be difficult to replace lost stream buffer functions, especially water quality and erosion control functions. Since the on -site slope wetland offers moderately low levels typical wetland functions, impacts to water quality improvement functions are expected to be minimal and can be easily mitigated through a proposed enhancement plan and stormwater plans. Potential impacts to mature evergreen trees should be considered as well. 1 ..4?7 A /n 1'1n90 4n.1^ AWN rwu: sierra riace property, numonus maiioox:///t.:/ nmau/ maii.comcast.net/3encrnumber=bzbb4b... There is a 42" western red cedar tree between the proposed house and stream that shall be retained by the current project proposal. This tree is of greater value than the immature red alder and mixed native and non-native shrub community within the wetland impact area. This mature cedar tree has potential to provide valuable habitat for a variety of small mammals and birds. It also provides stream bank protection and water temperature control functions. Constructing a new house any closer to the stream would certainly result in detrimental impacts to this tree. In the highly unlikely case that a "reasonable" development could actually achieve 100% avoidance of the on -site wetland, the result would still be zero buffers along the wetland and stream. Based on the conditions of this site, building closer to the stream to avoid wetland impacts would likely cause greater detrimental impacts to stream functions and values than the current proposal to impact the wetland. Sacrificing a small part of this on -site wetland to maintain an adequate stream buffer appears to be the best option for this site. I hope this helps. Please contact me if you have any other questions. Andrea Bachman Senior Wetland Ecologist Wetland Resources, Inc. 9505 19th Ave SE, Suite 106 Everett, WA 98208 Phone: 425.337.3174 Fax: 425.337.3045 0055 2 of 2 4/A/9012 10-17 AM ;iT�tiT���7► r�7►1��' 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION `nc. I S9, April 8, 2013 Mr. Phil Olbrechts Hearing Examiner Sent via email and mail SUBJECT. Request for Reconsideration/Clarification of Hearing Examiner's Decision Hillman Variances - File No. PLN20120033 Dear Mr. Olbrechts, The City's Planning and Engineering Divisions are in receipt of the decision dated March 28, 2013 regarding Tom and Lin Hillman's requested setback variances and critical areas reasonable use variance for the construction of a new single-family home at the property addressed 1139 Sierra Place (File No. PLN20120033). Staff has reviewed the decision and is respectfully requesting reconsideration/clarification pursuant to Edmonds Community Development Code (ECDC) 20.06.010 related to the findings and conclusions of the decision, Conditions #1 and #2, and the City's appeal procedures. Pursuant to ECDC 20.06.010, parties of record may file a request for reconsideration of the Hearing Examiner's decision within 10 calendar days of the Hearing Examiner's written decision. Since 10 calendar days from the date of your decision (March 28, 2013) ended on a Sunday (April 7, 2013), ECDC 20.06.010.0 extends the deadline for requests for reconsideration to the next business day, which is today (April 8, 2013). The following includes a detailed explanation of staff s request for reconsideration/clarification as related to the findings and conclusions stated within the decision, Condition #1, Condition #2, and the City's appeal procedures: Hearing Examiner's Findings and Conclusions The first paragraph in the introduction of the decision summarizes the requested setback and critical areas variances; however, a portion of the request was omitted from this description. The requested street setback variance is to reduce the street setback from 25 feet to 12 feet for placement of the residence and to reduce the street setback from 25 feet to 3 feet for a retaining wall. This is in addition to the requested side setback variance to reduce the side setback from 10 feet to 3 feet for a retaining wall. Additionally, the introduction states that the reasonable use variance is approved for the encroachment within the wetland buffer, but it does not state whether it is also approved for encroachment within the stream buffer and within the wetland itself. Within the Findings of Fact (at the top of Page 9), the street setback variance request is stated as being a request to reduce the street setback from 25 feet to 10 feet for the residence, but the request to reduce the street setback from 25 feet to 3 feet for a retaining wall is omitted. The applicant requested to reduce both the street and western side setbacks to 3 feet for the construction of retaining walls associated with the development. Additionally, within the description of the reasonable use variance request on Page 9 and throughout the Findings of Fact and Conclusions of Law sections of the decision, the request to reduce the stream buffer is not specifically addressed. Staff would like clarification and confirmation from the Hearing Examiner that the portions of the proposal not specifically discussed within the findings and conclusions of the decision (i.e. the reduced street setback to 3 feet for a retaining wall and the reduced stream buffer) have been approved as part of the decision. Condition #1 Staff is requesting reconsideration/clarification of Condition #1 of the decision, which reads as follows: "As discussed in FOF No. 6, staff shall consult with a qualified Wetland biologist, who can be Andrea Bachman, to determine whether encroaching into the Category III wetland of the subject property causes significantly more damage to wetland functions than building within its buffer. If that is the case, staff shall displace as much of the wetland encroachment into the second story of the proposed home and further northward into the buffer as much as reasonably possible to reduce the encroachment into the wetland. The side yard variance granted by this decision may be extended further northward in order to accommodate any redesign of the proposal. Staff may waive the requirement for a redesign of the proposal if the environmental benefits of the redesign are nominal and the burden upon the applicant is substantial. " Staffs Response: In reviewing Condition #1, staff finds that this condition would be very difficult to administer, particularly because no quantitative measurement for compliance with this condition is provided. The condition states that staff may waive the requirement for a redesign if the environmental benefits of the redesign are nominal and the burden upon the applicant is substantial; however, this is not a quantifiable measurement. Additionally, displacing some of the wetland encroachment further northward would move the project further into an already reduced stream buffer. Staff needs a more quantifiable basis for implementing this condition, or possibly this issue needs to be remanded in order for the Hearing Examiner to take additional testimony in order to adequately determine if the proposal complies with all applicable criteria. Staffs decision on compliance with a condition such as Condition #1 would not be done until review of the building permit application, which does not have a public notice requirement. Additionally, building permits are only subject to LUPA appeal, while variances are appealable to the City Council. Since the allowed encroachment into the critical areas and associated buffers would not be determined until the building permit phase of the process, the neighbors would face different noticing and appeal processes during the building permit phase than they do now under the variance application review. Also, with no public notice requirements, interested parties may miss their appeal opportunity of the building permit. Possible Alternative Condition: If the Hearing Examiner finds that it is necessary for the applicant to reduce the encroachment into the wetland, staff suggests that Condition #1 be revised to provide a quantitative measurement for compliance. For example, the Hearing Examiner Page 2 of 5 0057 could specify the amount of square footage that must be displaced from the first floor to the second floor and/or the Hearing Examiner could specify a measurable area within the wetland that cannot be impacted by the development. Alternatively, the Hearing Examiner could remand this issue to take additional testimony in order to determine if the proposal complies with all applicable criteria. Condition #2 Staff is requesting reconsideration/clarification of Condition #2 of the decision, which reads as follows: "If no stormwater monitoring plan is required by the City's stormwater regulations, the applicant shall prepare a three stormwater monitoring plan that verifies that the stormwater system fully prevents any increase in stormwater discharges to neighboring properties. City staff shall require improvements to the stormwater system to the extent that the system fails to prevent increases in stormwater run-off to neighboring properties. The monitoring plan shall be subject to the approval of City engineering staff prior to the issuance of any building permits for the proposal. " Staff s Reading of Condition #2: The City's stormwater regulations do not require a stormwater monitoring plan. This being the case, the Hearing Examiner is requiring a stormwater monitoring plan (to be Approved by the Engineering Division) to verify that the proposed stormwater system fully prevents any increase in stormwater discharges to the neighboring properties compared to the pre -development condition. Further, the condition states that City staff shall require improvements to the stormwater system to the extent that the system fails to prevent increase in stormwater runoff to neighboring properties. This monitoring plan shall be in place for a three-year period. Staff s Response: Staff feels that implementation of this condition is not feasible due to the following: 1) The request to compare the amount of water leaving the site after development would imply that there is data available or easily attainable for the amount of water that leaves the pre - developed site. In order to determine if there is an increase in stormwater discharges from the subject property, there needs to be a baseline assessment of what the discharges are in the current pre -developed conditions. Obtaining this data is extraordinarily difficult and expensive given it is diffused flow off the wetland into the stream. 2) For a single-family residence with impervious surfaces between 2,000 square feet(sf) and 5,000 sf, a stormwater management system is required that meets the current City of Edmonds' stormwater regulations. The City's regulations attempt to match the post - development stormwater runoff rates from the property with the pre -development stormwater runoff rates from the property up to the 10-year, 24-hour storm event only.' Any larger event will result in more runoff than the pre -development flows. (Note that the City of Edmonds requirements in this regard are more stringent that the current Department of Ecology regulations.) 1 The event that has a 10% chance of being exceeded in any given year. Page 3 of 5 Possible Alternative Condition: If it is determined by the Hearing Examiner that the City's stormwater regulations are not stringent enough, then City staff requests that the Hearing Examiner consider conditions that are measurable and can be administered. An alternative condition to Condition #2 is to increase the design of the stormwater management system to a larger storm event, such as a 25-year, 50-year or 100-year, 24 hour event. This will require the applicant to provide more on -site storage of stormwater flows from the developed property prior to discharging to the stream. Appeal Procedures When issuing the decision on the subject request for reconsideration, staff asks that the Hearing Examiner provide clarification on the City's appeal procedures. On Page 12 of the decision, ECDC 20.85.020 is referenced, which states that the Hearing Examiner shall review variances as Type III -A decisions. Additionally, ECDC 23.40.210.0 states that the Hearing Examiner shall also review critical areas variance application as Type III -A decisions. These two code sections, however, are in conflict with the permit type and decision framework of ECDC 20.01.003, which lists variances as Type III-B decisions. This conflict was missed during an update to the ECDC; however, it was the intention that variances would be reviewed as Type III-B decisions, which are appealable to the City Council. Pursuant to ECDC 20.01.000.13, the provisions of this title supersede all other procedural requirements that may exist in other sections of the city code. Therefore, whenever there is a conflict between the text of the ECDC related to the decision type and the table of ECDC 20.01.003.A, the table prevails. As such, the Hearing Examiner's decision on the setback variances and critical areas reasonable use variance is a Type III-B decision. When issuing the decision on the subject reconsideration request, please clarify that the decision is subject to the appeal procedures applicable to Type III-B decisions (appealable to the City Council) so that all parties of record are clear on the appropriate appeal measures. I have reviewed this request for reconsideration with the Planning and Engineering Divisions and believe the content of this request to be true and accurate. City staff respectfully requests that the Hearing Examiner reconsider/clarify the findings and conclusions of the decision on the Hillman variance request in addition to Conditions #1 and #2 and add clarification of the City's appeal procedures. Thank you for your time. If you have any questions on the City's request for reconsideration, please contact me at Jen.Machuga@edmondswa.gov or (425) 771-0220. Sincerely, Jennifer Machuga Associate Planner CC: File No. PLN20120033 City of Edmonds Tom and Lin Hillman Ida Fernandez Planning & Engineering Divisions 15915 — 74th Pl. W 1133 Sierra Pl. 121 — 5th Ave. S Edmonds, WA 98026 Edmonds, WA 98020 Edmonds, WA 98020 Page 4 of 5 Cheri Zehner Adam and Emily Fountain Todd and Candy Brown 1027 Carol Way 602 — 12th Ave. N 1135 Sierra Pl. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 Stephen Schroeder & Cheryl Beighle 1142 Vista Pl. Edmonds, WA 98020 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 David Thorpe 21117 Shell Valley Rd. Edmonds, WA 98026 Katherine Ericson P.O. Box 757 Edmonds, WA 98020 Page 5 of 5