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LID 213IA • AFFIDAVIT OF MAILING LOCAL IMPROVEMENT DISTRICT NO.213 STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH) Arthur J. Housler, being first duly sworn upon oath, deposes and says: that he is the Administrative Services Director of the City of Edmonds, Washington; that attached to this affidavit is a true and correct copy of the Administrative Services Director's Notice of Collection of Assessments for street and utility improvements ordered pursuant to Edmonds Ordinance No. 2928, dated the 20th day of April, 1993, which is affiant mailed to all owners of property benefited by this improvement at the address shown on the tax rolls of the Snohomish County Treasurer: DATE OF MAILING: June 11, 1993 0 Arthur J. us r Adminisfrative Services Director City of Edmonds SIGNED AND SWORN TO before me this //?-V---I day of , 1993. �aMM�Mv.. PUBLIC irl"and Washington residing a� My commission expires U the State of CYNTHIA L. BURG v� 9125 220TH ST. S. . EDMONDS, WA 9 20 CITY OF EDMONDS 501 BELL STREET EDMONDS, WA 98020 (206)771-0240 FINANCE DIRECTOR'S NOTICE OF COLLECTION OF ASSESSMENTS LOCAL IMPROVEMENT DISTRICT NO. 213 NOTICE IS HEREBY GIVEN that the assessment roll for Local Improvement District No. 213 created by Ordinance No. 2878 as approved and confirmed by Ordinance No. 2928 is in my hands for collection and any assessment thereon or any portion thereof may be paid without penalty, interest or cost at any time within thirty (30) days after June 11. Any assessment or portion thereof remaining unpaid at the end of said 30-day period may be paid in ten (10) equal annual principal installments together with interest on the outstanding balance of this assess- ment at the rate of one-half of one percent in excess of the net effective bond interest rate currently anticipated to be6% per annum. The first installment together with interest, shall be due and payable on July 12, 1994 and each year thereafter one of said installments shall become due and payable as provided by law. This notice replaces and supercedes any previous notice you may have received regarding the collection of assessments in Local Improvement District No. 213. The amount set forth in the attachment is the amount of assessment on said assessment roll against the following described real estate as the proportionate share of the cost of the improvements constructed in Local Improvement District No. 213 to be borne by, and assessed against, said real estate. DATED this 11th day of June. 1993. Arthur J. Housler Administrative Services Director City of Edmonds Ralph Sweet-9315 22M ST SW Edmonds Wa. 98020 Paul Houvener-PO BOX 2461 Lynnwood Wa. 98036 M K Eghtedarzadeh-9307 220TH ST SW Edmonds Wa. 98020 Robert Pahlman-3571 NE 182ND Seattle Wa. 98155 Donn E Lange-21902 93RD AVE W Edmonds Wa 98020 Neal W Johnston-21821 93RD AVE W Edmonds Wa 98020 Neal W Johnston-21821 93RD AVE W Edmonds Wa 98020 Neal W Johnston-21821 93RD AVE W Edmonds Wa 98020 Joan C Fredell-13417 Biola AVE LA Mirada Ca 90638 AA & MA•Joyce-777 Maple STEdmonds Wa 98020 Wikstrom-9205.220TH ST SW Edmonds Wa 98020 John Day-21908' 92ND AVE W Edmonds Wa 98020 Richard Barnes-21812 92ND AVE,W Edmonds Wa 98020 Etta Cormack-21802 92ND AVE W Edmonds Wa 98020 F E Hatch-21714 92ND AVE W Edmonds Wa 98020 Cynthia L Burgett-9125 22M ST SW Edmonds Wa 98020 Harold Wright-4826 126TH ST SE Errerett Wa 98208 Joan McMullin-21805 92ND AVE W Edmonds Wa 98020 Andrues,Shirley-9112 218TH ST SW Edmonds Wa 98026 Carl R Asklund-9022 218TH ST SW Edmonds Wa 98026 Ronald D Gattett-9014 218TH ST SW Edmonds Wa 98020 David Winters-9004 218TH ST SW Edmonds Wa 98020 Victor D Pontius-8930 2181H ST SW Edmonds Wa 98020 Andrew Holstad-8918 218TH ST SW Edmonds Wa 98020 Daniel E Cote-8912 218TH ST SW Edmonds Wa 98020 Gerald Lee-8830 218TH ST SW Edmonds Wa 98020 Mathew Markham-8828 218TH Edmonds Wa 98020 George Cline-2414 52ND AVE W #C5 Mountlake Terrace Wa 98043 Daniel Pashniak/Sabine Mortgage Corp. 13204 S Clear Lake RD Daniel Pashniak/Sabine Mortgage Corp. 13204 S Clear Lake RD Carol A Carter-8901 218TH ST SW Edmonds Wa 98020 Peter Commings-8923 218TH ST SW Edmonds Wa 98020 Brian Appleton-9003 218TH ST SW Edmonds Wa 98020 Lee R Crabtree-9015 218TH ST SW Edmonds Wa 98020 James m Foti-9025 2187H ST SW Edmonds Wa 98020 C: Medical Lake Wa 98022 Medical Lake Wa 98022 R r AMY E. TODT 8909 218TH ST. S.W. EDMONDS, WA 98020 CITY OF EDMONDS 501 BELL STREET EDMONDS, WA 98020 (206)771-0240 FINANCE DIRECTOR'S NOTICE OF COLLECTION OF ASSESSMENTS LOCAL IMPROVEMENT DISTRICT NO. 213 NOTICE IS HEREBY GIVEN that the assessment roll for Local Improvement District No. 213 created by Ordinance No. 2878 as approved and confirmed by Ordinance No. 2928 is in my hands for collection and any assessment thereon or any portion thereof may be paid without • penalty, interest or cost at any time within thirty (30) days after June 11. Any assessment or portion thereof remaining unpaid at the end of said 30-day period may be paid in ten (10) equal annual principal installments together with interest on the outstanding balance of this assess- ment at the rate of one-half of one percent in excess of the net effective bond interest rate currently anticipated to be 6% per annum. The first installment together with interest, shall be due and payable on July 12, 1994 and each year thereafter one of said installments shall become due and payable as provided by law. This notice replaces and supercedes any previous notice you may have received regarding the collection of assessments in Local Improvement District No. 213. The amount set forth in the attachment is the amount of assessment on said assessment roll against the following described real estate as the proportionate share of the cost of the improvements constructed in Local Improvement District No. 213 to be borne by, and assessed against, said real estate. Our records indicate that $5,000.00 was paid of this amount on May 28, 1993. DATED this 11th day of Junes 1993. Arthur J. Housler Administrative Services Director City of Edmonds • San K Hay-21830 93RD AVE W Edmonds Wa 98020 John & Mary Storm-21812 93RD AVE W Edmonds Wa 98020 Catherine Palsha-21724 92ND AVE W Edmonds Wa 98020 Lessene Hart-21822 92ND AVE W Edmonds Wa 98020 Scott Highland-21821 92ND AVE W Edmonds Wa 98020 Amy Todt-8909 218TH ST SW Edmonds Wa 98020 M • • RECEIVED • • STATE OF WASHINGTON. ) COUNTY OF SNOHOMISH, }} No. 2878 as Ordinance No. confirmed by 2928 is in my handfor Lion and any Portion thereof thereon or any may be Pnt otataYim interest within thirty (30) dams after or Punk thereof, s o ni A day periodmmay be °poid in ten (10) equal nstallm ntsa togethernnual lnPOI with interest on the outstanding lbearate of of this of 1 ks n excess of the net effective bond inter est rate currently estimated, to be 6% Per antrum. The. first installment together with mter- esi on�Julyshall2be 994 and eochue and yyear therei f of said install- ments shcli become due and Payable as Provided by law. This notice replaces and supercedesany a evi°ueCelved' regardiOU ngY the coilecflon of assessments in Local improve" ment District No. 213. ARTHUR J, HOUSLER Administrative Services Director City of Edmonds Published: June 11, 18, 1993' ss. Affidavit of Publication J uN 2 1 1993 EDMOWSCITYCUiaK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ ......E.inan.ce...D,z.�.G.tor,!.s,.Notice of Collection ....................................................... I.......... Q ..,,Co,l Collection of Assessments ........................................................................... Local. Improvement District No. 213 — City of Edmonds ............................................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: June 11, 18, 1993 and that d-new paper was regularly distributed to its subscribers during all of said eriod. ....................... �.. r ..., P Inci al Clerk Subscribed and sworn to before me this ..... 18t.h. d ......... ... .....June........ 1993.... ................................................... Notary Public in and for of Washington, residing at Everett, Sn our} NpTARy�`" AUBL�o ©2 S-i 5-94 � �� of W. S S 8-2 0 STATE OF WASHINGTON, COUNTY OF SNOHOIVISH, ss ENT DISTRICT NO. 213 WHICH HAS BEEN CREATED AND STABLISHED FOR ff4E PURPOSE OF -INSTALLING A' - •S WER MAIN AND RELATED IMPROVEMENTS SPECIFI- CALLY DESCRIBED IN ORDINANCE NO. 2878 AS AMENDED TO DELETE WATER LINE JMPROVEMENT5 AND LEVYING. AND ASSESSING THE COST THEREOF AGAINST THE SEVERAL LOTS, TRACTS AND PARCELS OF LAND SHOWN ' ON SAID ROLL. WHEREAS, the assessment roll levying the special assess- tn*hts against the properties located in Local Improvement District No. 213 in the City .of Edmonds, Washignton created 'under Ordinance No, 2878, was filed with the City Clerk of the rCtly of Edmonds as provided by law, and +'-''WHEREAS notice of the time and place of a public hearing upon said rofl and of making objections and protests to said roll 'was duly mailed and published at the timesand in the manner pprovided by low, fixing the time and place of hearing thereon for rthe,20th day of April, 1993, at the hour of 7b0 P.M. In the Plaza "Meeting Room, City Council Chambers, Edmonds, Washington, sand WHEREAS, at the time and place fixed and designated in said -notice, the hearing pn said assessment roll was held and.wriften ,,and oral protests received were duly considered and all persons ,appearing at said hearing were heard, now therefore, r •:THE CITY COUNCIL OF THE GTY OF E�DMPNDS, WASHING- tTQN, HEREBY ORDAINS AS FOLLOWS: >'' i +° u: +' '• - Section 1. The assessments and asAssmerit `roll " of °Local IrN ffFM District No. 213, which has been created and estab- -listled for the purpose of installing a sewer main and related —Improvements specifically described in Ordinance No, 2868 cis amended by limitation In the letting of the controct,for such improvements are hereby in all respects approved and -confirmed. „Section 2. Each of the lots, trocts,`parcels of -land, and other_ upon solo roll the amoum Tlnally•cnargea,agairiv Tne same JJFSeeon. ctlon 3. The assessment roll as =oved and confirmed hZlil DeMRwith the Administrative Services Director of the City .of.Edmonds, Washington, for collection and said Administrative ,Services Director is hereby authorized and directed to publish notice as required by law stating that the said roll Is in his hands for,collection and that payment of any assessment thereon of any po&on thereof may be paid at any timid within thirty (30).days ,rrom the date of the first publication of ,the notice that the assess- mgnt roll has been placed in his, hands for, collection without ;,pepolty, Interest or costs, and theregfter•the'sum'remaining unid If nmay be paid in ten (10) eaua) annual installments Waintereast y, on the whole unpaid sum at a rate to be established Lordinance which shall not be greater than one half of one nt In excess of the net effective interest rate fixed on the I Improvement bonds hereafter issued for Local improve- iTTA1Tt District No. 213. Any installment not paid prior to the annual brlhlverwr, , of said thirty ((30) day" period stall be deemed delin- "gdent. All delinquent installments shall be subject to a.chorge for Interest at the above established rate per.annum and an addittorwi charge of five percent (5%) penalty levied upon the -principal due upon such installments .will be enforced in the "anner provided by law. ' ... Section 4. Assessments, where appropriate, have been calcu- 9afe'd-'6 TMr,ct1on of future anticipated sewer connections based -upon developable tand area exclusive of the area idenfffied on ^fhC Interim Critical Areas Mao. If future develooment results In aecnon diJ€Tr7'dt tc� ATTEST/ roil COST plus me imeresT To care on Tne f connection. lion, sentence clause' or phrase of this .Id to be invalfd or unconstttutionaI b�yy a Isdiction, such invalidity or unconsmu- . the validity or constitutionality of any clause or phrase of this ordinance. Ince shall take effect and be in full force :e6n as required by law. APPROVED: LAURA M. HALL Mayor TED: RHONDA J. MARCH, City Clerk !M: %TTORNEY: CLERK: March 30, 19,93. COUNCIL: April 20, 1993. 7, 1993. r 2, 1993. Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Ordinance... No...... 29 2.8 G.ity..of Fdmonds a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: Apr.l....2.5...... May .... 2........ .9.9...................................................................... and that said newspaper was regularly distributed to its subscribers during all -of sad period. ..................... ......................... rincipal Clerk Subscribed and sworn to before me this ........ 3Kd Of...... .. May 19.....9 3 Notary Public in and for e ��shig residing at Everett, Snoh «. . pu B oG WAsN``' 8-2-1 • I, RHONDA J. MARCH, City Clerk of the City of Edmonds, Washington, certify that the attached copy of City Council Minutes of April 20, 1993, approved in the meeting of April 27, 1993, is a true and correct copy of the original as it appears in the Minute Book of the City. DATED this 7th day of May, 1993. ND �JMARCW,City Clerk of the City of Edmonds, Washington is • Erg EDMONDS CITY COUNCIL APPROVED MINUTES' April 20, 1993 THESE MINUTES WERE APPROVED BY THE EDMONDS CITY COUNCIL ON APRIL 27, 1993 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Laura Hall, Mayor Dave Earling, Council President Steve Dwyer, Councilmember Michael Hall, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember Sara Belz, Student Representative rnNCFNT ArFNnA STAFF Paul Mar, Community Srv. Dir Dan Prinz, Police Chief Chuck Day, Accounting Mgr. Dan Prinz, Police Chief Bob Alberts, City Engineer Noel Miller, Public Works Supt. Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Items (B), (I), and (J) were removed from the Consent Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL S (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF APRIL 5 AND APRIL 12, 1993 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JILLAYNE SCHLICKE AND MARK PERE ($121.73) (E) REPORT ON FINAL CONSTRUCTION COSTS ON THE THIRD AVENUE CURB REPLACEMENT PROJECT AND COUNCIL p l Y ACCEPTANCE OF PROJECT l i,Y (F) ACCEPTANCE OF UTILITY EASEMENT FROM GERALD HIGLEY AT 20229 83RD AVE. W. IN CONJUNCTION WITH �t GLOVER SHORT PLAT (File No. 5-3-88) �(G) REPORT ON FINAL CONSTRUCTION COSTS ON LIBRARY BOOK DROP PROJECT AND ACCEPTANCE OF PROJECT (H) REPORT OF COMPLETION OF WORK BY KATHOL ROOFING ON THE FRANCES ANDERSON CENTER GYM ROOF RE r` �p tlr PAIR PROJECT AND ACCEPTANCE OF PROJECT C()J tK) ORDINANCE 2918 AMENDING PROVISIONS OF EDMONDS CITY CODE SECTION 5.32.107 REGARDING THE TAKING AND POSSESSION OF SHELLFISH TO INCLUDE WAC 220-56-312 ll.• �'L U (L) ORDINANCE 2919 AMENDING SECTION 20.90.010(B)(1)(a) ON PUBLIC HEARINGS AND NOTICE (M) ORDINANCE 2920 AMENDING SECTION 16.20.040.(A) ON SINGLE-FAMILY RESIDENTIAL "AVERAGE FRONT SETBACK" (N) ORDINANCE 2921 AMENDING SECTION 16.60.020(A)(2) ON GENERAL COMMERCIAL ZONES SUBJECT TO REVIEW AND COMPLIANCE WITH ECDC CHAPTER 20.12 (ADB LANDSCAPE REQUIREMENTS) (0) ORDINANCE 2922 AMENDING CHAPTER 20.50 DELETING CHAPTER REGARDING SETBACK ADJUSTMENTS (P) ORDINANCE 2923 AMENDING SECTION 20.95.050(B)(2) & (3) ON CLARIFYING APPLICATION AND STAFF REVIEW DEADLINES (Q) ORDINANCE 2924 AMENDING SECTION 21.25.010 TO CREATE NEW DEFINITION FOR "EASEMENT" (R) ORDINANCE 2925 AMENDING SECTION 21.80.065 TO CREATE A DEFINITION FOR "PLANNING OFFICIAL" (S) ORDINANCE 2926 AMENDING SECTION 21.110.010 TO CREATE A DEFINITION FOR THE TERM "VACATION" (T) ORDINANCE 2927 AMENDING SECTIONS 15.00.020(C(9) AND 18.070.060 FOR STREET USE PERMIT FEES AND RENEWALS. bx APPROVAL OF MINUTES OF APRIL 6, 1993 (Item (B) in the Consent Agenda COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MINUTES OF APRIL 6, 1993 INCLUDING THE CORRECTION IN THE LATE PACKET. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS TO REPLACE UNIT #20, A 1980 DUMP TRUCK IN THE STREET SECTION Item I on the Consent Agenda. Councilmember Kasper said he would vote against this item (reasons stated below). Councilmember d Petruzzi asked Noel Miller, Public Works Superintendent if the City will realize labor,, and other related expenses because of the larger truck which will haul twice the load, and Mr. Miller replied affirmatively. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AP- PROVE ITEM (1) ON THE CONSENT AGENDA, MOTION CARRIED with Councilmember Kasper voting no as he is against expending these funds at this time until an updated report is made to the Council on the City's financial status. (6� AUTHORIZATION TO CALL FOR BIDS TO PURCHASE EXTRUDED CURBING MACHINE (Item (J) on the Consent r,Lr AA genda C�l COUNCIL PRESIDENT EARLING•MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (J). MOTION CARRIED with Councilmember Kasper voting no for the reasons stated above, and he also feels this type of equipment could be rented as needed instead of the city outright purchasing it. AUDIENCE Dee Giguere, 1018 Walnut Street, member of the Neighborhood Traffic Control Group, presented the City Clerk with a petition containing 54 additional signatures to the already 379 signatures that have been turned into the City referencing and asking that the Transportation Study currently underway include provisions that study be given to decreasing the traffic in Edmonds. Ms. Giguere said currently, the Transportation Study only discusses improving and increasing the traffic flow through the City. Councilmember Palmer asked Ms. Giguere if she has presented the correspondence shared in the past with Councilmembers to the appropriate staff members and Ms. Diguire replied affirmatively. Henry Ruckly, resident of Edmonds, said the four way stop and flashing light at 220th and 9th works great. Mr. Ruckly commended the City on placing the four way stop at that location. Lars Olson, 561 Pine Street, said he is associated with the Neighborhood Traffic Control Group. Mr. Olson said his main concern is the speeding on 220th. Mr. Olson said he has seen a large increase in speeding since he first moved here in 1985. Mr. Olson said it is increasingly danger- ous for children and other pedestrians to walk or play in the streets due to the excessive speed- ing. Mr. Olson also stated many vehicles travelling through the local neighborhoods are on their way somewhere else and use the neighborhoods for shortcuts and do not have any regard for the neighborhood. Robin Wright, 1039 Walnut Street, said the Transportation Study is focusing on improving the traffic flow, when perhaps it should be focusing on how we can make the streets safer and how we can slow down the speed through our neighborhoods. Mayor Hall thanked the audience members for their participation. PRESENTATION BY SCOTT PALM ON STATE FUNDING FOR PERSONS WITH DISABILITIES AND COUNCIL PASSAGE OF R SO IUL ON SURPORTING STATE FUNDING nn Personnel Manager Brent Hunter introduced Public Works Employee Scott Palm, Mr. Palm, who is disabled, is requesting the City Council adopt a resolution encouraging the State Legislature to continue funding services for persons with disabilities. Mr. Palm enters data in the new automat- ed Maintenance Management System in the Public Works Division, and has been an employee since January of 1993. Mr. Palm illustrated a slide presentation to the Mayor and Council outlining his job responsibili- ties. It was noted that the State provides much of the funding for his position as well as the computer he utilizes to communicate. Mr. Palm asked the Mayor and Council to adopt the Resolu- tion, which encourages the Washington State Legislature to continue its financial support for services provided to citizens of our State who have disabilities. Noel Miller, Public Works Superintendent, said Mr. Palm is a productive employee who is a posi- tive asset in his department. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 April 20, 1993 After the slide presentation, Council President Earling thanked Mr. Palm for coming to the meet- ing on this issue. Council President Earling said after seeing and hearing Mr. Palm's presenta- tion, he cannot help but support the resolution. Mayor Hall read the resolution into the record, which in part, stated the the Mayor and Edmonds City Council believe employment assistance for persons with disabilities is a valuable long-term public investment and asked the State to continue funding for persons with disabilities. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE RESOLUTION 768, A RESOLUTION TO ENCOURAGE THE WASHINGTON STATE LEGISLATURE TO CONTINUE FUNDING SERVICES FOR PERSONS WITH DISABILITIES. MOTION CARRIED. PROCLAMATION FOR "EARTH DAYS IN EDMONDS" ON APRIL 22, 23, AND 24 Mayor Hall proclaimed Thursday, April 22, 1993, to be "EARTH DAY" and called upon all citizens to join in this community effort, and to continue their dedication to such programs throughout the year. Mayor Hall said Earth Day is observed annually to promote awareness of Earth's life sustain- ing ecosystem and the importance of preserving its integrity through education and wise steward- ship. Mayor Hall read the Proclamation into the record. t HEARING ON LID 213 FINAL ASSESSMENT ROLL AND ADOPTION OF ORDINANCE CONFIRMING THE FINAL ASSESS- MENT ROLL �1 City Attorney Scott Snyder asked City Clerk Rhonda March if she received any written objections from citizens on the subject LID by 5:00 this afternoon, which was the deadline for public com- ment. City Clerk Rhonda March replied negatively. Bob Alberts, City Engineer, said this public hearing is for the final assessment roll for LID 213. The LID was for the installation of sanitary sewers for fifty-one (51) parcels as shown in Exhibits A and B. The final assessment roll was shown in Exhibit A of the Agenda Memo, and the final cost per lot is $7,439.41, which is less than the estimated cost of $8,277.91 shown in the preliminary assessment roll approved in April 1992. Mr. Alberts said in accordance to the notice provided to all owners, no written objections to the final assessment roll have been received at the time of this report. Mayor Hall noted no one had singed up on the hearing sign-up sheet and asked audience members to come forward if they wished to speak on this subject. As no one came forward, Mayor Hall closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT ORDINANCE 2928 CONFIRM- ING THE FINAL ASSESSMENT ROLL FOR LID 213. MOTION CARRIED. COUNCIL AND PUBLIC DISCUSSION OF AD HOC COMMITTEE RECOMMENDATION ON ADDITIONAL OF COMMUTER RAIL ELEMENT FROM EVERETT TO SEATTLE AND POTENTIAL IMPACT ON PR P SED MULTI -MODAL FACILITY C0>tiL� Mayor Hall announced the Edmonds Chamber of Commerce has recently taken a position supporting the City's position on moving the ferry to the UnoCal site and making the UnoCal property into a multi -modal transportation facility. Council President Earling noted this is listed as a discussion item only. Council President Farl- ing introduced Mike Smith, a Transportation Planning Consultant for the City of Everett, who made an informational presentation. Mr. Smith said he is not here to promote or advocate against commuter rail. Mr. Smith said he is here to share information on what has been done so far. Mr. Smith said this is the beginning of commuter rail planning, and no where near to an implementation phase. Mr. Smith referenced the Ad -Roc Committee's recent decision to add commuter rail as part of the plan text, but with no RTP funding. Mr. Smith said the Ad -Hoc Committee included it because in order to get any State fund- ing it must be in a system plan. Mr. Smith said there any many questions to be answered concerning commuter rail and extensive study has to take place before any decisions are made. Regarding commuter rail and Edmonds, Mr. Smith said one assumption is that train speeds would have to be increased through Edmonds, which brings up the present situation of at -grade crossings. Mr. Smith said the total cost of the project is estimated to be $92 million dollars which include monies for four new locomotives and four coaches, construction of railroad lines, and station improvements. Mr. Smith said this project would be a definite regional effort. EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 April 20, 1993 Council President Earling said he is concerned by the motion made and passed at the last Ad -Hoc • Committee meeting, which added commuter rail as part of the plan text, but with no RTP funding. He is concerned because the Edmonds City Council was not given the opportunity to discuss the Ad -Hoc Committee's position with the public and amongst themselves before the vote took place. Council President Earling said this is why he placed this discussion item on the agenda, so the public would have an opportunity voice their opinion. Tim Raetzloff, 1428 9th Ave. N. said he is in favor of going ahead with further study on this issue. Mr. Raetzloff said he is also interested in studying the possibility of passenger only ferries. Barbara Gold, 903 Cary Road, referenced a recent letter she wrote to the newspaper. Ms. Gold said there are many problems to be dealt with including lack of parking, her view of the inability of the railroad companies to adhere to a time schedule. Ms. Gold said she is not against commuter rail, but she is against using the Burlington Northern tracks for it. Mr. Morrison, 250 Beach Place, read from a prepared statement, which he gave to City Clerk Rhonda March, who marked it Exhibit #1. Mr. Morrison said he is a member of the Puget Sound Light Rail Society, who has and is proposing a light rail plan would would cost 1/4 less than the proposed commuter rail project. Mr. Morrison said he is in favor of the UnoCal site being used for an intermodal facility, as he feels the present site of the ferry dock could then be opened up for public use. Mr. Morrison said in the long run, he is in favor of the Burlington Northern propos- al, which would take care of the City's transportation needs well into the next century. James Blossey, 8724 Main Street, Executive Director for the Edmonds Chamber of Commerce, refer- enced the resolution the Chamber recently passed which supports the City of Edmonds position encouraging the pursuit of development of a multi -modal transportation facility at the site of the present UnoCal property and relocation of the Edmonds Ferry Terminal to that site. Mr. Blossey said the Chamber of Commerce has performed community surveys regarding this issue, and said results of the surveys indicate that displacement of existing businesses as a result of relocating to the UnoCal site would be minimal in comparison to displacement which would result from construction of an overpass, ramps, access and holding facilities at the present location. Don Bartholomaus, member of the Board of Directors of the Chamber of Commerce emphasized that any negative economic impact from a move would likely be offset by increased passenger traffic, at- traction of new businesses to the relocated terminal area, and other developmental factors. Sally Hyde, 19115 93nd Ave. West, thanked Council President Earling for having this discussion. Ms. Hyde said she endorses the concept of looking to gather more information on the commuter rail concept. Ms. Hyde believes commuter rail would be very good for the city and would be extensively used. Pat Thorpe, President of the Edmonds Chamber of Commerce, said she believes there are four very important points brought up in the Chamber of Commerce Resolution: 1) The Chamber supports the pursuit of development of a multi -modal transportation facility at the site of the present Unocal property and relocation of the Edmonds Ferry site; 2) The City of Edmonds should assure the con- tinued viability of the downtown business are through actions such as implementation of regular shuttle service between the terminal and downtown Edmonds; 3) The City should retain and enhance the existing waterfront area for multiple public -benefit use; and 4) The Chamber, representing the business community of Edmonds, will continue to be included in the planning process for the entire Edmonds waterfront area. Roger Hertrich, 1020 Puget Drive, thanked the Council for the opportunity to speak. Mr. Hertrich has many concerns with the commuter rail concept. Mr. Hertrich said the increased speed from 40 to 50 miles an hour through Edmonds would be a great negative to the City, along with the pro- posed double tracking. Mr. Hertrich said the traffic generated by such a facility would negative- ly impact the City and would produce gridlock. Mr. Hertrich said there are a great deal of ques- tions to be answered before this type of facility is planned. Mr. Hertrich said the City has to provide for all the problems it is going to make. Mr. Hertrich feels it will change the character of the City that has been residential throughout its history. Mr. Hertrich is in favor of the idea of commuter rail, but said there are a lot of questions and problems to be sorted out before the public should be asked to support such an idea. Robin Wright, 1022 Walnut Street, thanked the Council for the opportunity to speak. Ms. Wright said the business community has very strong feelings on this issue, and hopes the City sets up a mechanism whereby those businesses have an opportunity to provide input. Ms. Wright said many people who provided input at the Transportation Committee level felt their comments were not being heard, and felt they would not be brought forward since the Committee does not have the authority as the City Council has. Ms. Wright said public input is essential to this issue. EDMONDS'CITY COUNCIL APPROVED MINUTES Page 4 April 20, 1993 Joe Camden, 1021 A Avenue, feels the City will be used as an in between point to get from Point A to Point B. Mr. Camden said there is excessive speeding in the city 'at present and neighborhoods are used by people commuting somewhere else. Mr. Camden said he is very concerned with the City being ridden by the transportation needs. Kay Howell, a 35-year resident of Edmonds, said she cannot picture commuter rail in this city. Mel Crutchley, 705 Driftwood Place, said there is approximately one railroad related death per year between Edmonds and Mukilteo. Mr. Crutchley said he is very concerned with the proposed increase in train service which would mean a train would pass by every 15 minutes. Mr. Crutchley feels the ferry should be moved to downtown Seattle. Councilmember Palmer said the City does not have a whole lot of authority as to the increased growth to the north, south and west. Councilmember Palmer said we have to remember the tracks already run through the City. Councilmember Palmer said the City has no say on how many freight trains and passenger trains run through the City. He said the idea of commuter rail provides the City an opportunity to mitigate and discuss the impacts of commuter rail. Councilmember Palmer said in this way, the City will be able to make the best decisions possible. Councilmember Palmer said much more research has to be done. Councilmember Nordquist said he recently was in Chicago and had the opportunity to ride the com- muter rail line. Councilmember Nordquist said the City of Edmonds could become one major parking lot for the commuter rail and bus depot. Councilmember Nordquist said these are the type of is- sues the City needs to thoroughly address and get more specifics before any decisions are made. Council President Earling said he appreciates the comments made by everyone. Council President Earling feels the City Council should support the Ad Hoc Committee motion to give further consid- eration to commuter rail, but only with the condition that the Council's support is tied to con- struction of a multi -modal site at the UnoCal site. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL SUPPORTS THE MOTION PASSED BY THE AD -HOC COMMITTEE STATING THEIR INTEREST IN FURTHER CONSIDERATION TO COMMUTER RAIL, BUT ONLY WITH THE CONDITION THAT THE SUPPORT IS TIED TO CONSTRUCTION OF A MULTI -MODAL SITE AT THE UNOCAL SITE. SUnder discussion, Councilmember Palmer said the support should also be tied to safety issues such as increasing the safety of the at -grade crossings in Edmonds. THE MAKER AND SECONDER OF THE MAIN MOTION AGREED TO AMEND THE MOTION TO INCLUDE COUNCILMEMBER PALMER'S STATEMENT. THE AMENDMENT THEN CARRIED with Councilmember Hall voting no. THE MAIN MOTION CARRIED with Councilmember Hall voting no, as he was the one Councilmember who voted against relocating the ferry. Mayor Hall noted a short executive session will be held following Item 11 to discuss a legal and a contract matter. REPORT BY BOB PEKICH OF SNOHOMISH HEALTH DISTRICT ON POWER OUTAGE AT TREATMENT PLANT AND CONTIN- UED COUNCIL DISCUSSION ON TREATMENT PLANT GENERATOR request from March 23, 1993 Bob Pekich of Snohomish Health District, addressed the Council regarding the January 20, 1993 5 Sewage Treatment Plant spill. jk Mr. Pekich reviewed the report adopted by the Board of Health, which in part, stated the conclu- sion that the January 20 wind storm and resultant sewage spill demonstrated that the present I' iJ backup electrical arrangement is not acceptable. Mr. Pekich said although the spill was not 6 L difficult to contain, a power outage accompanied by heavy rain and high tides could be much more difficult to contain and potentially more costly. Councilmember Dwyer asked Mr. Pekich what criteria the Health Department used in coming to this conclusion. Mr. Pekich said because of the health concerns of exposing the public to raw sewage, he believes the present backup system is inadequate, although he said when the plant was initial- ly designed, the Department of Ecology approved the plans as submitted. As a member of the audience wished to speak, it was the consensus of the Council to allow this. Miles Chamberlin, resident of Mountlake Terrace, said he installs generators, and said he cannot imagine a plant without one. Council President Earling scheduled further discussion on this item on the May 25th Agenda, at which time Councilmember Palmer requested the Staff once again provide the various options for power backup. EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 April 20, 1993 HEARING ON AN APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S APPROVAL OF A 4-STALL PARKING FACILITY ON THE EAST SIDE OF THE PROPERTY LOCATED AT 229 3RD AVENUE S. APPELLANT: ROBERT NOACK; APPLI- CANT: L R SS T/FILE NOS. ADB-92-160/AP-93-54 Jeff Wilson, Current Planning Supervisor, said on March 22, 1993, the appellant submitted a let- ter appealing the ADB's decision to approve a parking plan for a 10 unit condominium complex, proposed by Mr. Ola Groset for the property located at 229 3rd Avenue S. During an ADB public hearing held on March 3, 1993, the Board conditionally approved a parking plan which included 18 parking stalls in' a subterranean parking garage beneath the condominium complex and accessed solely from 3rd Avenue, and three standard parking stalls and one handicap stall on a grade level parking located to the east (rear) of the building and accessed from an alley way which is locat- ed to the east of 3rd Avenue S. Mr. Wilson said both staff and ADB has worked with the applicant to reduce the parking impacts for the easterly lot. Originally, the applicant had proposed seven (7) parking spaces with mini- mal landscaping. Staff recommended and the Board conditioned the project to reduce the parking lot to a maximum of four (4) spaces with the remainder of the area dedicated to landscaping. It is the recommendation of the staff to the Council to deny the appeal and uphold the ADB's decision. Testimony of the ADDlicant Ola Groset, distributed a diagram showing subject lot and number of existing' parking stalls, which City Clerk Rhonda March marked Exhibit 1. Mr. Groset said he has complied with the Code and feels his project should be approved and the appeal should be denied. Testimony of the Appellant Robert Noack, 317 3rd Ave. South, said he is appealing the matter because Mr. Groset previously stated at another meeting that he was going to have 22 parking spaces underneath the building, • which would mean he would not need the extra stalls. Mr. Noack said the alley should not be used for additional parking. Mr. Noack distributed a diagram showing the deal end alley access for the subject property. City Clerk Rhonda March marked this Exhibit 2. Mr. Noack also distributed 3 photographs of the subject property and alley, which City Clerk Rhonda March marked Exhibit 3, 4, and 5. Continued Testimony of the Aoolicant Mr. Groset said he is proposing only 18 parking stalls under the building, which necessitates the four parking stalls in the alley. Mr. Groset distributed 7 photographs to the City Clerk for distribution to the Council which showed various aspects of the subject property. City Clerk Rhonda March marked the Exhibits 6a, 6b, 6c, 6d, 6e, 6f, and 6g. With no other member of the audience wishing to come forward, Mayor Hall closed the audience portion of the hearing. City Attorney Scott Snyder said Mr. Groset is in full compliance with the Code and is not propos- ing anything that is against city regulations. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DENY THE APPEAL AND UPHOLD THE ARCHITECTURAL DESIGN BOARD'S DECISION, AS THE PROPOSED AMENDMENTS WOULD REFLECT. MOTION CARRIED. AUTHORIZATION TO FILL VACATED POSITION CAUSED BY RETIRING WORKER IN THE WATER SECTION Noel Miller, Public Works Superintendent, said Lee Willeiksen, Maintenance Worker II in the Pub- lic Works Water Section is retiring April 30, 1993. Mr. Miller said the Public Works Division would like to change the job description of the position before replacing it. A job description i1 for the new position, titled Water Quality Control Technician, was attached to the Agenda Memo. In anticipating the retirement, Mr. Miller said the Public Works Division budgeted additional �Q funds in 1993 for the employee's termination pay and the salary increase for the proposed new position. The change in the position, including the pay level, has been discussed with the Union and has their concurrence. Councilmember Palmer was disturbed that extra monies were placed in the budget for an upgraded position, in which the Council did not approve or did not even know about. EDMONDS CITY COUNCIL APPROVED MINUTES Page 6 April 20, 1993 After discussing the item, the majority of Councilmembers felt the job description was adequate, • and the position warranted. The following motion was made: COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR APPROVAL OF THE JOB DESCRIPTION AND AUTHORIZATION TO REPLACE THE POSITION VACANCY. MOTION CARRIED with Councilmember Kasper voting no. MAYOR Mayor Hall referenced a change of ownership of the Chopsticks restaurant and subsequent liquor (�Jk license application. No objections were noted by Councilmembers. �t Mayor Hall said the Parks and Recreations Division would like Council approval, by motion, to V' expend funds for a four day summer gymnastics camp at Camp Indiola. Mayor Hall noted there would be an approximately $1100 profit. Councilmember Dwyer asked the Mayor if she could assure the Council on the projected profit. Mayor Hall said she has been assured by Arvilla Ohlde, Parks and Recreation Manager. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO EXPEND THE REQUIRED $7150, THERE- BY AMENDING THE BUDGET, FOR THE SUMMER GYMNASTICS CAMP AT CAMP INDIOLA AND DIRECT THE CITY ATTOR- NEY TO DRAFT AN ORDINANCE FOR THE UPCOMING BUDGET ORDINANCE. MOTION CARRIED with Councilmember Palmer abstaining because he felt he did not have enough information to make a decision. V�Qyor Hall asked the Council to extend the services of Bruce Scroeder's engagement. COUNCIL G1 PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE TERMS OF ENGAGEMENT FOR j BRUCE SCHROEDER TO REPRESENT THE CITY WITH THE FIRE FIGHTER'S UNION IN MEDIATION AND POSSIBLE ARBITRATION AND $12,000 BE TRANSFERRED FROM THE COUNCIL CONTINGENCY FUND TO THE GENERAL FUND BUDGET LINE 220.515.24.41. MOTION CARRIED. COUNCIL Councilmember Palmer noted an upcoming Hearing Examiner meeting agenda, where there is a hearing scheduled for a cellular phone antenna in a CG zone. Councilmember Palmer said the Council dis- cussed these types of issues at the retreat and said there are potential health hazards which should be looked into. City Attorney Scott Snyder said the Council could issue a moratorium on new applications. Council President Earling said Mountlake Terrace has cancelled the joint meeting of April 28 and would like to reschedule May 12. With the exception of Councilmember Kasper, the Council agreed \ Councilmember Hall noted the recent Cable Act, and said the City has to be be actively involved ` 1 in the certification process and the Cable Act itself. CU Councilmember Hall said the Lady Washington is in Edmonds for a few days. "L� ,A Councilmember Kasper said Paul Mar, Community Services Director, should take a look at the re- quirements of the Port's binding Master Plan and check the past record of complying with their City approved Master Plan. CounciImember Kasper said Stevens Hospital was also to file their Mas- ter Plan before further construction, yet are in for Master Plan, not yet approved. Councilmem- ber Kasper asked that these issues be followed up on. City Attorney Scott Snyder updated the Council on the Fair Housing Act and a one line amendment '(k` if a ( t� that was tagged on that prohibit local jurisdictions from imposing requirements -on disabled peo- ple that they don't impose on "families and unrelated persons". Mr. Snyder said .the City of Seattle and the City of Everett will be taking to their Council a request for a veto request for the Governor. Mr. Snyder asked the Council for permission to draft a letter for Council President Earling's and Mayor Hall's signature, a request by the Edmonds City Council that it be vetoed. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO DIRECT THE CITY ATTORNEY TO DRAFT A LETTER REQUESTING A VETO OF THE AMENDMENT. MOTION CARRIED. The Mayor and Council recessed at 10:59 to an Executive Session to discuss a legal and a contract patter, and reconvened in Council Chambers at 11:06 p.m. w p �6COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER PALMER, FOR APPROVAL OF A CONSULTANT Sl y AGREEMENT WITH BRUCE AGNEW IN THE STANDARD FORMAT WITH A $45 PER HOUR FOR SERVICES WITH A SCOPE C OF AGREEMENT PRESENTED TO THE COUNCIL NOT TO EXCEED THE AMOUNT OF $1500.00 MOTION CARRIED. aWith no further business before the Council, Mayor Hall adjourned the meeting at 11:09 p.m. A SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL COUNCIL MEETINGS CAN BE LOCATED IN THE CITY CLERK'S OFFICE. EDMONDS CITY COUNCIL APPROVED MINUTES Page 7 April 20, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. APRIL 20, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. (30 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 6, 1993 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF APRIL 5 AND APRIL 12, 1993 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JILLAYNE SCHLICKE AND MARK PERE ($121.73) (E) REPORT ON FINAL CONSTRUCTION COSTS ON THE THIRD AVENUE CURB REPLACEMENT PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (F) UTILITYEASEMENT GLOVER 8HORO 3M8 NT FROM GERALD HIGLEY AT 20229 83RD AVE. W. IN CONJUNCTION WITH PLAT No. 88) (G) REPORT ON FINAL CONSTRUCTION COSTS ON LIBRARY BOOK DROP PROJECT AND ACCEPTANCE OF PROJECT (H) REPORT OF COMPLETION OF WORK BY KATHOL ROOFING ON THE FRANCES ANDERSON CENTER GYM ROOF REPAIR PROJECT AND ACCEPTANCE OF PROJECT (1) AUTHORIZATION TO CALL FOR BIDS TO REPLACE UNIT #20, A 1980 DUMP TRUCK IN THE STREET SECTION (J) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE EXTRUDED CURBING MACHINE (K) PROPOSED ORDINANCE AMENDING PROVISIONS OF EDMONDS CITY CODE SECTION 5.32.107 REGARDING THE TAKING AND POSSESSION OF SHELLFISH TO INCLUDE WAC 220-56-312 ITEMS L - TARE PROPOSED ORDINANCES ON PLANNING BOARD AMENDMENTS TO EDMONDS COMMUNITY tile Nos. / (L) PROPOSED ORDINANCE AMENDING SECTION 20.90.010(B)(1)(a) ON PUBLIC HEARINGS AND NOTICE (M) PROPOSED ORDINANCE AMENDING SECTION 16.20.040(A) ON SINGLE-FAMILY RESIDENTIAL "AVERAGE FRONT SETBACK" (N) PROPOSED ORDINANCE AMENDING SECTION 16.60.020(A) 2 ON GENERAL COMMERCIAL ZONES SUBJECT TO REVIEW AND COMPLIANCE WITH ECDC CHAPTER 20.12 (ADB LANDSCAPE REQUIREMENTS) (0) PROPOSED ORDINANCE AMENDING CHAPTER 20.50 DELETING CHAPTER REGARDING SETBACK ADJUSTMENTS (P) PROPOSED ORDINANCE AMENDING SECTION 20.95.050(B)(2) & (3) ON CLARIFYING APPLICATION AND STAFF REVIEW DEADLINES (0) PROPOSED ORDINANCE AMENDING SECTION 21,25.010 TO CREATE NEW DEFINITION FOR "EASEMENT' (R) PROPOSED ORDINANCE AMENDING SECTION 21.80.065 TO CREATE A DEFINITION FOR "PLANNING OFFICIAL" (S) PROPOSED ORDINANCE AMENDING SECTION 21.110.010 TO CREATE A DEFINITION FOR THE TERM "VACATION" (T) PROPOSED ORDINANCE AMENDING SECTIONS 15.00.020(C)(9) AND 18.070.060 FOR STREET USE PERMIT FEES AND RENEWALS 2. AUDIENCE 3. (10 Min.) PRESENTATION BY SCOTT PALM ON STATE FUNDING FOR PERSONS WITH DISABILITIES AND COUNCIL PASSAGE OF RESOLUTION SUPPORTING STATE FUNDING 4. (3 Min.) PROCLAMATION FOR "EARTH DAYS IN EDMONDS" ON APRIL 22, 23 AND 24 5. (20 Min.) HEARING ON LID 213 FINAL ASSESSMENT ROLL AND ADOPTION OF ORDINANCE CONFIRMING THE FINAL ASSESSMENT ROLL 6. (45 Min.) COUNCIL AND PUBLIC DISCUSSION OF AD HOC COMMITTEE RECOMMENDATION ON ADDITION OF COMMUTER RAIL ELEMENT FROM EVERETT TO SEATTLE AND POTENTIAL IMPACT ON PROPOSED MULTI -MODAL FACILITY 7. (20 Min.) REPORT BY BOB PEKICH OF SNOHOMISH HEALTH DISTRICT ON POWER OUTAGE AT TREATMENT PLANT AND CONTINUED COUNCIL DISCUSSION ON TREATMENT PLANT GENERATOR (request from March 23, 1993) 8. (20 Min.) HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD APPROVAL OF 4-STALL PARKING FACILITY ON EAST SIDE OF PROPERTY AT 229 3RD AVE. S. (APPELLANT: ROBERT NOACK; APPLICANT: OLA GROSET/ FILE NOS. ADB 92-260 / AP 93-54) 9. (5 Min.) AUTHORIZATION TO FILL VACATED POSITION CAUSED BY RETIRING WORKER IN THE WATER SECTION 10. (5 Min.) MAYOR 40 11. (15 Min.) COUNCIL PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. Notice: The City Council Agenda Is available for viewing on Chambers Cable, Channel 32 (daytime) • I, RHONDA J. MARCH, City Clerk of the City of Edmonds, Washington, certify that the attached copy of Ordinance No. 2928 is a true and correct copy of the original ordinance passed on the 20th day of April, 1993, as such ordinance appears on the Minute Book of the City. DATED this 7th day of May, 1993. Q4 DA J. MAID ity Clerk of the City of Edmonds, Washington 0 • 0006.090.076 WSS/are 03/22/93 rev: 03/29/93 ORDINANCE NO. 2928 AN ORDINANCE OF THE CITY OF EDMONDS WASHINGTON, APPROVING AND CONFIRMING THE FINAL ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 213, WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF INSTALLING A SEWER MAIN AND RELATED IMPROVEMENTS SPECIFICALLY DESCRIBED IN ORDINANCE NO. 2878 AS AMENDED TO DELETE WATER LINE IMPROVEMENTS AND LEVYING AND ASSESSING THE COST THEREOF AGAINST THE SEVERAL LOTS, TRACTS AND PARCELS OF LAND SHOWN ON SAID ROLL. WHEREAS, the assessment roll levying the special assessments against the properties located in Local Improvement District No. 213 in the City of Edmonds, Washington created under • Ordinance No. 2878, was filed with the City Clerk of the City of Edmonds as provided by law, and WHEREAS, notice of the time and place of a public hearing upon said roll and of making objections and protests to said roll was duly mailed and published at the times and in the manner provided by law, fixing the time and place of hearing thereon for the 20th day of April, 1993, at the hour of 7:00 p.m. in the Plaza Meeting Room, City Council Chambers, Edmonds, Washington, and WHEREAS, at the time and place fixed and designated in said notice, the hearing on said assessment roll was held and written and oral protests received were duly considered and all persons appearing at said hearing were heard, now, therefore, 40 -1- WSS42979.1010006. 0 THE CITY COUNCIL OF THE CITY OF EDMONDS , WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The assessments and assessment roll of Local Improvement District No. 213, which has been created and established for the purpose of installing a sewer main and related improvements specifically described in Ordinance No. 2868 as amended by limitation in the letting of the contract for such improvements, are hereby in all respects approved and confirmed. Section 2. Each of the lots, tracts, parcels of land, and other property shown on said roll is hereby determined and declared to be specially benefited by said improvement in at least the amount charged against the same. The assessment appearing on the roll is found to be in proportion to the several assessments • appearing on the said roll. There is hereby levied and assessed against each lot, tract, parcel of land and other property appearing upon said roll the amount finally charged against the same thereon. Section 3. The assessment roll as approved and confirmed shall be filed with the Administrative Services Director of the City of Edmonds, Washington, for collection and said Administrative Services Director is hereby authorized and directed to publish notice as required by law stating that the said roll is in his hands for collection and that payment of any assessment thereon of any portion thereof may be paid at any time within thirty (30) days from the date of the first publication of the notice that the assessment roll has been placed in his hands for collection without 40 -2- WSS42979.10/0006. • penalty, interest or costs, and thereafter the sum remaining unpaid, if any, may be paid in ten (10) equal annual installments with interest on the whole unpaid sum at a rate to be established by ordinance which shall not be greater than one half of one percent in excess of the net effective interest rate fixed on the local improvement bonds hereafter issued for Local Improvement District No. 213. Any installment not paid prior to the annual anniversary of said thirty (30) day period shall be deemed delinquent. All delinquent installments shall be subject to a charge for interest at the above established rate per annum and an additional charge of five percent (5%) penalty levied upon the principal due upon such installments will be enforced in the manner provided by law. Section 4. Assessments, where appropriate, have been calculated as a function of future sewer connections based upon developable land area exclusive of the area identified on the Interim Critical Areas Map. additional connections, above If future development results in the number calculated in the assessment future mitigation may be required through the State Environmental Protection Act (SEPA) process for additional hookups. Mitigation cost of each hookup shall be based upon the actual final assessment roll cost plus the interest to date on the LID bonds at the time of connection. Section 5. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or WSS42979.1O/0006. -3- unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. This ordinance shall take effect and be in full force five (5) days after publication as required by law. 4_' •11 ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE O THE CI ATTORNEY: By: FILED WITH T E CITY CLERK: 'larch 30, 1993 PASSED BY THE CITY COUNCIL: aril 20, 1993 PUBLISHED: April 25, 1993 and r1ay. 2, 1993 EFFECTIVE DATE: May 7, 1993 ORDINANCE NO. 2928 0 -4- WSS42979.10/0006. Z� After the slide presentation, Council President Earling thanked Mr. Palm for coming to the meet- ing on this issue. Council President Earling said after seeing and hearing Mr. Palm's presenta- tion, he cannot help but support the resolution. Mayor Hall read the resolution into the record, which in part, stated the the Mayor and Edmonds City Council believe employment assistance for persons with disabilities is a valuable long-term public investment and asked the State to continue funding for persons with disabilities. COUNCIL PRESIDENT FARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE RESOLUTION 768, A RESOLUTION TO ENCOURAGE THE WASHINGTON STATE LEGISLATURE TO CONTINUE FUNDING SERVICES FOR PERSONS WITH DISABILITIES. MOTION CARRIED. PROCLAMATION FOR "EARTH DAYS IN EDMONDS" ON APRIL 22, 23, AND 24 Mayor Hall proclaimed Thursday, April 22, 1993, to be "EARTH DAY" and called upon all citizens to join in this community effort, and to continue their dedication to such programs throughout the �t, \ year. Mayor Hall said Earth Day is observed annually to promote awareness of Earth's life sustain- ing ecosystem and the importance of preserving its integrity through education and wise steward- ship. Mayor Hall read the Proclamation into the record. NEARING ON LID 213 FINAL ASSESSMENT ROLL AND ADOPTION OF ORDINANCE CONFIRMING THE FINAL ASSESS- MENT ROL City Attorney Scott Snyder asked City Clerk Rhonda March if she received any written objections from citizens on the subject LID by 5:00 this afternoon, which was the deadline for public com- ment. City Clerk Rhonda March replied negatively. Bob Alberts, City Engineer, said this public hearing is for the final assessment roll for LID 213. The LID was for the installation of sanitary sewers for fifty-one (51) parcels as shown in Exhibits A and B. The final assessment roll was shown in Exhibit A of the Agenda Memo, and the final cost per lot is $7,439.41, which is less than the estimated cost of $8,277.91 shown in the preliminary assessment roll approved in April 1992. Mr. Alberts said in accordance to the notice provided to all owners, no written objections to the • final assessment roll have been received at the time of this report. Mayor Hall noted no one had singed up on the hearing sign-up sheet and asked audience members to come forward if they wished to speak on this subject. As no one came forward, Mayor Hall closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT ORDINANCE 2928 CONFIRM- ING THE FINAL ASSESSMENT ROLL FOR LID 213. MOTION CARRIED. COUNCIL AND PUBLIC DISCUSSION OF AD HOC COMMITTEE RECOMMENDATION ON ADDITIONAL OF COMMUTER RAIL ELEMENT M EVERETT To SEATTLEAND POTENTIAL IMPACT NPR P D MUL -M DAL ACILITY Mayor Hall announced the Edmonds Chamber of Commerce has recently taken a position supporting the City's position on moving the ferry to the UnoCal site and making the UnoCal property into a multi -modal transportation facility. Council President Earling noted this is listed as a discussion item only. Council President Earl- ing introduced Mike Smith, a Transportation Planning Consultant for the City of Everett, who made an informational presentation. Mr. Smith said he is not here to promote or advocate against commuter rail. Mr. Smith said he is here to share information on what has been done so far. Mr. Smith said this is the beginning of commuter rail planning, and no where near to an implementation phase. Mr. Smith referenced the Ad -Hoc Committee's recent decision to add commuter rail as part of the plan text, but with no RTP funding. Mr. Smith said the Ad -Hoc Committee included it because in order to get any State fund- ing it must be in a system plan. Mr. Smith said there any many questions to be answered concerning commuter rail and extensive study has to take place before any decisions are made. Regarding commuter rail and Edmonds, Mr. Smith said one assumption is that train speeds would have to be increased through Edmonds, which brings up the present situation of at -grade crossings. Mr. Smith said the total cost of the project is estimated to be $92 million dollars which include monies for four new locomotives and 40 four coaches, construction of railroad lines, and station improvements. Mr. Smith said this project would be a definite regional effort. EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 April 20, 1993 • STATE OF WASHINGTON, COUNTY OF SNOHOMISH, project, Is on Me wRn me -1y Clerk of the City of Edmonds at 505 Bell Street, Edmonds, pWashington, and is open to hearing lupon�thle final assess- ment roll will be held before the Edmonds City Council commencing at 7:00 maybe � and �„t l 20 119993 In the City Council hamber5 of the Plaza Meeting Room, 650 Main Street, Edmonds Washington. At said time anti place, and at times to which the hearing may be continued, the adboa d of qualizatiorn or�the purpose of considering the assessment roll. All persons who may desire to object to the assessments shown on the roll are hereby directed to make their objec- tions In writing and to file them with the City Eierk at or prior for the hearing, and toe datefixed appear at the hearing and present testimony • and other evidence. WrittenI. objections must clearly state i the grounds of objection and c.leAln lot, block, addition, section, tax or other numers or IdeMttving desafotion. PLEASSEE NOTTEE THAT THE OBJECTIONS OF ANY PERSON WHO FAILS TO FILE AN PRESENT SUCH BJECTIONS AS DIRECTED ABOVE WILL BE PRESUMED BEEN TO WAIVED AND THE CITY At the hearing, me I-rrY Council will consider the objec- tions of those parties who have flied and presented objections as directed above, and may correct, revised raise, lower, change or modify the roll, or any part thereof, or set aside the roll and order the assess- aatef the to conclusion oyreformulated, confirmthe ethic b24 n daordinance. of March 1" RHONDAEJDMARCH City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: W. SCOTT SNYDER Published: March 28; April 4, Affidavit of Publication RECEIVED APR - 6 1993 Edmonds City The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Notice of Public Hearing City of Edmonds LID NO. 213 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ....... March...Z.8.;.... Ap.r1.1...4.t.... 1.9.93..................I....... 1. and that sat newspaper was regularly distributed to its subscribers duri all of s d period. Principal Clerk Subscribed and sworn to before me this....... 4.01............. of ................. ............A%��J ..,.....,......, 19..9.3.. .................... ....................g................. ..�.�.................... Notary Public inashington, residin at EvereW B-2-1 U • CERTIFICATE AND AFFIDAVIT OF MAILING NOTICES OF HEARING ON THE FINAL ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 213 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I, Bob Alberts, being first duly sworn upon oath, depose and state: That I am the duly appointed and acting Engineer for the City of Edmonds, Washington, that on the Z day of ,. 1993, I caused to be placed in the United States mails Notice of Public Hearing upon the final assessment roll for LID 213, plainly addressed to each owner or reputed owner of each lot, tract and parcel of land included on the assessment roll, at the address shown on the tax rolls of the County Treasurer; that the form of notice used is attached hereto and made a part hereof by this reference; and that all blanks on each notice mailed were properly filled in. fS� L��--! � - - Bob Alberts City Engineer SUBSCRIBED AND SWORN TO before me this ap��-2- -, 1993. WSS4275LIP10006.222 NCEY ;•o� NM RY yvoi 'a yo PUSUO r11I Woo _�r& day of Cuc.J NOTARY PYBLIC in and for the State gWashingto residing at My Comma ion expires: I- NOTICE OF HEARING CITY OF EDMONDS LID NO. 213 IMPROVEMENT: Construction of Sanitary Sewer Main with Related Improvements. You are listed on the rolls of the Snohomish County Treasurer as an owner of property included within the boundaries of Edmonds Local Improvement District No. 213, created pursuant to City of Edmonds Ordinance No. 2878. The legal description of the property is set forth on the attached Exhibit "A". NOTICE IS HEREBY GIVEN that the assessment roll for LID No. 213, formed for the purpose of constructing and installing the sewer main and related improvements described in City Ordinance No. 2878, deleting the water main from said project is on file with the City Clerk of the City of Edmonds at the City Administrative offices at 505 Bell Street, Edmonds, Washington, and is open to public inspection. NOTICE IS FURTHER GIVEN that a public hearing upon the final assessment roll which has been prepared for the Local Improvement District will be held before the Edmonds City Council at 7:00 p.m., or as soon thereafter as the matter may be heard, on April 20, 1993 in the Council Chambers at the Plaza Meeting Room, 650 Main Street, • Edmonds, Washington. At said time and place and at such times to which the hearing may be adjourned, the City Council will sit as a board of equalization for the purpose of considering the assessment roll. • The amount shown on the assessment roll as the assessment to be levied against the property described in the first paragraph of this Notice as its proportionate share of the cost of the LID improvements is listed on Exhibit A. All persons who may desire to object to the assessments against the property described above are hereby directed to make their objections in writing, and to file them with the City Clerk at or prior to the date fixed for the hearing, and to appear at the hearing and present testimony and other evidence. Written objections must clearly state the grounds of objection, and contain lot, block, addition, section, tax or other numbers or identifying description. PLEASE NOTE THAT THE OBJECTIONS OF ANY PERSON WHO FAILS TO FILE AN OBJECTION IN WRITING AND PRESENT SUCH OBJECTION AS DIRECTED ABOVE WILL BE CONCLUSIVELY PRESUMED TO HAVE BEEN WAIVED AND THE CITY COUNCIL WILL NOT CONSIDER SUCH OBJECTIONS. WSS42741.1 X/0006.2n -1- 0 At the hearing, the City Council will consider the objections of those parties who have filed and presented objections as directed above, and may correct, revise, raise, lower, change or modify the roll, or any part thereof, or set aside the roll and order the assessments to be reformulated, and at the conclusion thereof, confirm the roll by ordinance. Property owners, who have made objections as directed above have the right to appeal their individual property assessment to the Superior Court by filing a Notice of Appeal within ten (10) days after the ordinance confirming the assessment roll becomes effective in the manner provided by RCW 35.44.190-270. DATED this 114e day of Q�iLi , 1993. CITY OF EDMONDS, WASHINGTON C TY CLERK, ONDA MARCH DATE OF MAILING oz' , 19 . APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY: WSS42741.1X/0006.222 -2- EDMONDS CITY COUNCIL APPROVED MINUTES March 23, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON APRIL 6, 1993 The work meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Laura Hall, Mayor Dave Earling, Council President Steve Dwyer, Councilmember* Michael Hall, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember Sara Belz, Student Representative STAFF Paul Mar, Community Srv. Dir Art Housler, Admin. Srv. Dir. Rob Chave, Planning Manager Bob Alberts, City Engineer Brent Hunter, Personnel Manager Arvilla Ohlde, Parks & Rec. Mgr. Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Before approval of the Consent Agenda, Councilmember Palmer noted an item was unintentionally omitted from the Consent Agenda. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO SET THE DATE OF APRIL 6, 1993 FOR RECONSIDERATION AND ADOPTION OF FINDINGS OF FACT AND CONCLU- SIONS OF LAW ON APPEAL OF HEARING EXAMINER'S DECISION ON A CONDITIONAL USE PERMIT FOR GRADING AT 1110 DALEY PLACE (FILE NOS. AP-93-2 & CU-92-178) Under discussion, City Attorney Scott Snyder noted the item will be posted as a "Council Delibera- ti'on". MOTION CARRIED with Council President Earling abstaining as he did not participate in the subject hearing. Councilmember Dwyer arrived at 7:02 p.m. CONSENT AGENDA Item (B) was removed from the Consent Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUN- CILMEMBER NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF MARCH 15, 1993 (D) AUTHORIZATION FOR MAYOR TO SIGN TRANSPORTATION DEMAND MANAGEMENT AGREEMENT WITH SNOHOMISH COUNTY (E) RESOLUTION 765 OF COMMENDATION FOR RETIRING FIRE CAPTAIN EARL BARNARD (F) RESOLUTION 766 ESTABLISHING PROCUREMENT POLICY (G) ACCEPTANCE OF QUIT CLAIM DEED FOR ADDITIONAL RIGHT-OF-WAY FROM CHARLES AND BETTY LANTZ FOR 207TH PL. S.W. (H) ACCEPTANCE OF QUIT CLAIM DEED FOR ADDITIONAL RIGHT-OF-WAY FROM DAVID DENIKE AT 8504 218TH ST. S.W. .L.(I) RESOLUTION 767 SETTING HEARING DATE OF APRIL 20 FOR LID 213 FINAL ASSESSMENT HEARING (J) REPORT ON QUOTES TO REPLACE BACK STOP AT CITY PARK AND AUTHORIZATION FOR PURCHASE AND INSTALLATION FROM ECONOMY FENCE ($2,643.42) (K) AUTHORIZATION TO VACATE WEST 10 FEET OF CITY RIGHT-OF-WAY TO HEAN RIGGLE AT 15714 - 75TH PL. W. AND HARRISON JEWELL AT 15706 - 75TH PL. W. L �G� Y APPROVAL OF MINUTES OF MARCH 16, 1993 (Item (B) on the Consent Agenda COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, FOR APPROVAL OF THE MARCH 16, 1993 COUNCIL MINUTES WITH THE CORRECTIONS NOTED IN A MEMO FROM THE COUNCIL ASSISTANT. MOTION CARRIED. Mayor Hall said she would like the Council to reconsider their prior action of designating sta- tion wagons for staff use instead of the sedans they requested. Mayor Hall said Staff has ascer- tained that the sedans more fit their needs, and the station wagons cost between $800 and $1,000 more per vehicle. 0006. WSS/are 03/18/93 rev: 03/19/93 RESOLUTION NO. 767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 213. WHEREAS, ordinance 2878 established LID 213 for the purpose of constructing a sewer main, water main and related improvements, and WHEREAS, the City Engineer recommended and the City Council approved deletion of the water main from improvements constructed pursuant to the LID, and is WHEREAS, the assessment roll for the revised local • improvements constructed pursuant to Local Improvement District No. 213 has been prepared and filed with the City Clerk as provided by law; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The date, time and place for a public hearing to be held to consider recommendations, objections and other comments in connection with confirming the final assessment roll for Local Improvement District No. 213 shall be the 20th day of April, 1993, at 7:00 p.m. in the City Council Chambers, Plaza Meeting Room, 650 Main Street, Edmonds, Washington, before the City Council. 42736.1 - 1 - Section 2. The City Clerk shall cause appropriate notices to be published and mailed to affected property owners pursuant to Section 35.44.090 of the Revised Code of Washington. RESOLVED this 23rd day of March , 1993. ATTEST/AUTHENTICATED: '�:C Y CLERK, ONDA J. MARCH • • APPROVED: O URA LL FILED WITH THE CITY CLERK: "larch 22, 1993 PASSED BY THE CITY COUNCIL: March 23, 1993 RESOLUTION NO. 767 42n6.1 - 2 - • I, RHONDA J. MARCH, City Clerk of the City of Edmonds, Washington, certify that the attached copy of Resolution No. 758 is a true and correct copy of the original resolution adopted on • 11 the 22nd day of December, 1992, as that resolution appears on the Minute Book of the City. DATED this 23rd day of December, 1992. ONDA J. CH, City Clerk of the City of Edmonds, Washington 0063590.01 RESOLUTION NO. 758 A RESOLUTION DESIGNATING THE CITY FINANCE DIRECTOR AS THE OFFICIAL AUTHORIZED TO MAKE DECLARATIONS OF OFFICIAL INTENT ON BEHALF OF THE CITY. WHEREAS, the City of Edmonds, Washington (the "City"), from time to time may desire or be required to make expenditures for capital projects from funds that are available but not (and not reasonably expected to be) reserved, allocated on a long-term basis or otherwise set aside for those capital projects, which expenditures the City would reasonably expect to be reimbursed from proceeds of bonds or other obligations issued to finance those capital projects; and WHEREAS, Treasury Regulation Section 1.103-18 requires, among other things, that on or before making any such capital expenditure the City (or any person designated by the City to do so on its behalf) must declare a reasonable official intent to reimburse those capital expenditures from proceeds of a borrowing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Designation of Finance Director as Official to Declare Official Intent. The City Finance Director is designated to make declarations of official intent, substantially in the form attached to this resolution as Exhibit A or in such other form as shall be prescribed by Treasury Regulation Section 1.103-18, on behalf of the City as may be necessary or appropriate 0063580.01 from time to time for any purpose under, and in compliance with, • the requirements of Treasury Regulation Section 1.103-18. Section 2. Ratification and Confirmation. Any actions of the City or its officers prior to the date hereof and consistent with the terms of this resolution are ratified and confirmed. �i • Section 3. Effective Date. This resolution shall be in full force and effect from and after its adoption and approval. RESOVLED this 22nd day of December, 1992 APPROVED: Mayor, a M. Hall ATTEST/AUTHENTICATED: City C1erkv, Rhonda J. March FILED WITH THE CLERK: December 17, 1992 PASSED BY THE CITY COUNCIL: December 22, 1992 RESOLUTION NO.: 758 0063580.01 -2- I, RHONDA J. MARCH, City Clerk of the City of Edmonds, Washington, certify that the attached copy of Resolution No. 757 • • is a true and correct copy of the original resolution adopted on the 22nd day of December, 1992, as that resolution appears on the Minute Book of the City. DATED this 23rd day of December, 1992. '401NDA J. CH, City Cle�rkof the City of Edmonds, Washington OO63422.01 RESOLUTION NO. 757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE FINANCES OF THE CITY AND LOCAL IMPROVEMENT DISTRICT NO. 213 AND, AMONG OTHER THINGS, ADOPTING A PLAN FOR INTERIM FINANCING, AUTHORIZING AND DIRECTING AN INTERFUND LOAN UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH AND PROVIDING FOR THE REPAYMENT THEREOF; AND RATIFYING AND CONFIRMING ALL ACTIONS HERETOFORE TAKEN IN FURTHERANCE OF THE PURPOSES OF THIS RESOLUTION. WHEREAS, by Ordinance No. 2878, the Edmonds City Council (the "Council") established Local Improvement District No. 213 ("LID No. 21311) for the purpose of installing water and sewer improvements and restoring affected streets and sidewalks, which • work is progressing; and WHEREAS, the City is in need of $300,000 on an interim basis to pay a part of the cost of the construction and restoration in LID No. 213, and does not have funds readily available for that purpose; and WHEREAS, on and after January 6, 1993, sufficient money will be available in the City's Capital Improvement Fund No. 325 to make a loan of $300,000 to the City's Local Improvement Fund, District No. 213, pending the receipt of sufficient assessments or proceeds of LID No. 213 bonds or notes to repay such loan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, 0 HEREBY RESOLVES AS FOLLOWS: 0063422.01 Section 1. The total estimated cost of the construction • and renovation in LID No. 213 as estimated by Ordinance No. 2878 was declared to be $545,178.64 and it is found that the sum of $300,000 is required to complete such work which will be accomplished before summer. Section 2. The Council finds and declares that there will be sufficient money on or after January 6, 1993, in the City's Capital Improvement Fund No. 325 to make a loan in the principal amount of $300,000 to the Local Improvement Fund, District No. 213. The Finance Director is hereby authorized and directed at any time after January 6, 1993, to transfer as a temporary interfund loan the sum of $300,000 from the Capital Improvement Fund No. 325 to the Local Improvement Fund, District No. 213, such loan to bear interest at the rate of 3.0% per annum (being the interest rate • applicable to the City's Water and Sewer Revenue and Refunding Bonds, 1993, maturing in 1993) from the date made to the date of repayment, it being further found and declared that no insolvency of the lending fund will result from such loan transaction. Section 3. The Finance Director is further authorized and directed to transfer from the Local Improvement Fund, District No. 213 to the Capital Improvement Fund No. 325, as money becomes available from the collection of assessments or the sale of notes and bonds, sufficient money to repay in full the principal of and interest on such loan which it is anticipated will accomplished before June 30, 1993. Section 4. Actions heretofore taken prior to the effective date of this resolution, which will be effective immediately upon adoption, in furtherance of the interfund loan 0063422.01 -2- transaction which is the subject of this resolution are hereby • ratified and confirmed in all respects. RESOLVED this 22nd day of December, 1992. APPROVED: Ma or, Laura a 1 ATTEST/AUTHENTICATED: C4ffly�t=Cl�erk, Rhonda J. March FILED WITH THE CLERK: December 17, 1992 PASSED BY THE CITY COUNCIL: December 22, 1992 RESOLUTION NO. 757 • 0063422.01 -3- CITY OF EDMONDS ` LAURA M. HALL 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 FAX (206) 771-0221 MAYOR COMMUNITY SERVICES DEPARTMENT PETER E. HAHN I p Public Works • Planning • Parks and Recreation • Engineering DIRECTOR 890 19°) April 29, 1992 To: L.I.D. 213 Participant SUBJECT: L.I.D. 213 - REVISED PRELIMINARY ASSESSMENT ROLL E1GB Dear Property Owner, On Tuesday, April 21, 1992, the City Council adopted the attached preliminary assessment roll, which has been revised from the initial roll mailed on March 17, 1992. It should be noted that during the thirty (30) days following the • adoption of the resolution forming the L.I.D., if protests are received from property owners whose share would total sixty percent of the total project costs, the project can be invalidated. The City Clerk has the necessary protest petition forms. We look forward to working with you. If you have any questions regarding your project, please call our office at 771-0220. Sincerely, ROBERT J. ALBERTS, P.E. 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C O c� C I"C tao O C bC S bd •-i I= I I Cf3 H Gt7 n 4 S O to REPORT ON BIDS OPENED AUGUST 20 FOR L.I.D. 213 FOR SEWER IMPROVEMENTS AND AWARD OF ✓ CONTRACT TO KING CONSTRUCTION ($497,793.66) [ITEM (F) ON THE CONSENT AGENDAi Councilmember Petruzzi asked how the transferring of the $128,000 from Fund 412 will impact the drainage system process. Bob Alberts, City Engineer, said the reason we would rather replace the water line on 220th is because of the construction activity that is already going to be there on 220th. We might as well replace the water line and get the best price because we already have the contractor there. Councilmember Petruzzi asked then in essence by deferring some projects we are going to be saving money now. Bob Albert said that was correct. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE REPORT ON BIDS OPENED AUGUST 20 FOR LI.D. 213 FOR SEWER IMPROVEMENTS AND AWARD OF CONTRACT TO KING CONSTRUCTION. MOTION CARRIED. Mayor Hall introduced and welcome the Boy Scouts from Troop 838 in the audience. Mayor Hall informed the audience the scouts are working on a badge and will be taking notes during the meeting. AUDIENCE Dorothy Williamson, 703 Main Street, Edmonds, said she wanted to say thanks because she received three I calls and one letter in response to her letter of August 16, 1992. Ms. Williamson said she would like to have the council relocate the Taste of Edmonds, to have it taken off of 6th Street from Main to Daley. Ms. Williamson stated that it has been there for 10 years and she thinks it is time to change ft. Ms. Williamson stated that the Council is overlooking our city codes. The code Ms. Williamson is interested in is that of serving alcoholic beverages on city property. Ms. Williamson also stated that most of the merchants were closed on Sunday during the Taste of Edmonds. Mayor Hall said she has been in contact with the Chamber of Commerce and has discussed this issue. ft was noted ft is a Chamber function. Mayor Hall suggested that people with concerns about the Taste of Edmonds get in contact with the Chamber. Councilmember Hall asked that everyone be flexible and work together on this, •as that is the only way we can work ft out. Council President Palmer asked that everyone get a list of concerns and have it ahead of time for discussion on the September 29, 1992 work meeting. The Chamber representative said they would be ready with reports on September 29. Mayor Hall asked if anyone would like to speak on anything else that is not on the agenda. Peggy O'Neil, 611 Bell Street, said she is concerned about the alley that runs along behind the grandstand because ft is not paved. She stated this alley is used by the City more than any resident, and would like to have ft paved. Ms. O'Neil asked that the Council look into this situation. Mayor Hall asked if anyone would like to speak on anything else that is not on the agenda. Roland Johansson, 20916 76th Ave W, would like to protest against the Police Department. Mr. Johansson stated he has received no help for the things that have been done against himself and his family. Mr. Johanson said that the Chief of Police never has time to meet with him, and has never questioned the suspect. Mr. Johansson asked the City Council to ask the Police Department to take up and at least question the suspect. Mayor Hall said she spoke with Chief Prinz and they did refer out the proper information and ft is out of the City of Edmonds' hands. Mayor Hall asked Chief Prinz to comment on this issue. Chief Prinz said he had been personalty involved in this investigation since Mr. Johansson came into the department. Chief Prinz stated this investigation involves the theft of some model airplanes and the theft of $12,000. Due to the time lapse of information from Mr. Johansson, there is no way we can place the suspect in the house with the money or afterwards with the money. Chief Prinz said that there has been an extensive investigation, as much of a investigation as we are going to do; and unless we have some new information, there is no reason for us to continue. Wayor Hall asked for any other comments from the audience. CITY COUNCIL APPROVED MINUTES Page 2 September 1, 1992 CJ EDMONDS CITY COUNCIL AGENDA MEMO Item number: Originator: Robert J. Alberts For Action: x For Information: SUBJECT: REPORT ON BIDS FOR LID NO. 213 SEWER IMPROVEMENTS AND AWARD OF CONTRACT TO KING CONSTRUCTION ($497,793.66) AGENDA TIME: Consent AGENDA DATE: September 1, 1992 EXHIBITS ATTACHED: Exhibit A - Bid Tabulation Exhibit B - Drawing Clearances: Dept./Indiv./Initials ----------------------------------- ----------------------------------- ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVICES ENGINEERING PARKS & RECREATION PLANNING PUBLIC WORKS FIRE PERSONNEL POLICE COMMITTE MAYO COMM . EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $550,342.00 BUDGETED: $422,342.00 REQUIRED: $128,000.00 HISTORY AND SUMMARY STATEMENT: On August 20, 1992, the City received eleven (11) bids for the sewer improve- ments for LID No. 213 in the vicinity of 220th St. S.W. and 92nd Ave. W. A low bid for the sewer improvements of $381,603.53, including sales tax, was submitted by King Construction Company. The engineer's estimate was $424,102.88. The sewer cost shown in the preliminary assessment roll for the LID was $422,342, with contingencies. A total of five (5) bids were below the engineer's estimate. Staff considers the low bid a good bid. The bid proposal consisted of five (5) schedules as shown on Exhibit B. Schedule A is for the sewer improvements. Schedule B is for the replacement of the old four -inch water line on 220th St. S.W., paralleling the installation of the sewer pipeline. Schedule C is for the installation of a new non -looping water pipeline in 93rd Ave. This pipeline was part of the LID and was to be reviewed with the LID participants after the bid opening. Schedule D is for the replacement of the old water pipeline in 92nd Ave. W., paralleling the new sewer pipeline. Schedule E is a modification to Schedule C, part of the LID. The bid document stated the City would award a contract based on one or any combination of schedules, to be determined by the City. • • • REPORT ON BIDS FOR LID 213 SEWER IMPROVEMENTS September 1, 1992 Page 2 The cost to install a water line in 93rd Ave. W. in either Schedule C or E is not acceptable to the participants in the LID. Staff, therefore, recommends this pipeline be eliminated from the project. This pipeline was intended to provide a new connection point for the individual water service lines to each lot. Staff will continue to review other alternatives with the property owners. The existing water lines in 220th St. S.W. and 92nd Ave. W. are old four -inch pipelines which need replacing. Since the sewer pipeline parallels these pipelines, bids were solicited to replace these pipelines as part of the project to be paid by the City. Including Schedules B and D in the contract award, King Construction is still the low bidder at $497,793.66, including sales tax. The second bid would be $508,963.34, including sales tax. Staff recommends awarding a contract based on combining Schedules A, B, and D. The LID is paying for all Schedule A costs. The cost to the City for Schedules B and D would be $116,190.13, including sales tax. Staff recommends reappropri- ating budgeted monies for storm projects in fund 412 for this project. Staff had applied for grant monies on several storm projects, but was unsuccessful. Including a ten (10) percent contingency, staff recommends reappropriating $128,000 of the $366,000 budgeted in fund 412 shown on page 141 of the budget for Schedules B and D. A review of the low bidder's qualifications and record was positive. RECOMMENDED ACTION: Council award a contract to King Construction for Schedules A, B, and D, totalling $497,793.66, including sales tax, and reappropriate $128,000 for Schedules B and D from the storm basin improvements budget within the 412 fund. 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I . 11 I H p tf r • N 1 . _ _ e A s S ..I. 0 r tat T A N O C O e O A O w _ o O O o O O O Zit .I e ¢ O i A I r M W H t•Wr'O N n p 1•d y N y Z, e l e O O ...1 o N� � e e O O O O o O O o o e O O •W~i b I '1 .ti n Vt N iz ✓ u n M N i A'r M ~ A • p A A eO_tg e _ _ O O O Ce. e e o o O O e o 0 o O ff ..ems EXHIBIT A - PAGE 3 • • -------------- ZZ M1 0 0 0 o e o e O O ti _ r O O o O p O O e O 0 1\ A - r O 14 o e p o o O eo O o e O o p O 0 o O p O o e O ti p oo e o 0 oe e p oe e n ---_ A e o e e e e e p e o 0 ---------------------------------------------------------------- -------------------- EXHIBIT A - PAGE 4 • EXHIBIT A - PAGE 5 •--1 t'C C b • O y V P ► H fs1 ti EXHIBIT A - PAGE 6 • d o 0 o ZO N • • N p o • IN _ p b v b • b b b v b _ b •-• n w a"s • O t� ti rt `s tat Q n o _ _ n .• ............ o e .-• ..a s.• a ea .. ce.. e+ e u e c .... .... ... .. .._ ._. _ ..._ .._ ... _. .. _ p . M •--. 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EXHIBIT A - PAGE 8 I-• O V O• sY O d bA H i O is 00 . O Y N 1••/ O . o o In o w tr Q � •+ � •+ O N O' � O O O . tY A H �r u i O• o N b• • b W r 'd • ~ O 4 y • � N r b Y fa O d� m w r •� M A A A t• A b •� b �• n � A � v O O v w o o e v o 0 0 0 o e e o e o e O I 1 r r A • r r 1•u � rl r ro • . r I •--- O M M O O Cam• 1•s �•t ro o o m CY O •-� !"s •V v e o Ir•J o o e o 0 o e o v o e o 0 o e lw"l• O O H• .w .•It•4• O A M C e J M r ti r e YO e o 0 0 r o • w I r o A 1 -- ------------- o � -------------------------------------------------- ------------------------------------- r I • r • n fors e O v y a m �i• b•I o eV z o 0 0 o r•� o 0 o e O e c c p w m _ • �+ _ _ Iol e � ro o 0 0 0 00 0 0 0 0 0 0 p 0 0 0 o O o s v o o e o 0 o C o i"f o v o 0 0 0 0 0 o e O o 0 0 0 0 r Ir N Cl I r I 1 r o rl n tv r I I r r Ir r O r o• I tw I .p •.+ •.• o • o r o f e r o r o f e r o f o f e l o f o f o f o f e l o• EXHIBIT A - PAGE 9 � •'U O O G^ UyU o o �i 0 o e oe O •• N •� • b b M O d V P � e r_ A V' N M r •+ P r ••.1 0 ••y e tf b 1 I I • • QS ►V y'•• • o G w � � I --I r.1 H C O A w H A 2LfC ►� b 0 b b r •-• •� V •sf •�-• Cy 111 b ^O � •V •O •"O b•I a o v n w o `� i• a -• n . ^ w c ^ � .I __________________ c o •�.a ------------------------------- A b Y o 0 0 o e O O � o A •�/ O e O •-o----Q--- __ _ _ - --__ __ ----------------- ------------ ------ ------------------ ----- e A bb C CO'>I ' o o • o e- A Oo 0 0o e e o o a O o ti I I •I • o • M 0 4 A o o e A 0 0 0 0 .-• A o 0 0 0 I I . • - •• - m � A m o 0 0 o m Y e o ca V o e e o e c o e o o e s __--_-___._..-_-_____-_..-------------------------------- - ----- AO 0 0 o O o 0 0 o e o 0 o e O o O b •aNOit o o 0 e _e e --------------------------------- 0 o ca o AO o 0 0 o e p o 0 o A o •O.n `O'• o N y o 0 0 0 0 0 I _ __ ________________ ___ ____ l O N n � M _ � _ • •-� • C o 0 00 o sf- M O o 0 0 o e e o0 o e e eo EXHIBIT A - PAGE 10 ---------------------------------- ------------ 2� M. i :i le� 1 0 • -------------------------------------------------- ------------- I ------ I ------ 3 9. 2 V V A Op Z4 ------------- 12 ______________________________________ - ------ O t;t -------------- ---------------------------------------------------- ;4 ----------------------------- I ----------------------------- zg n ------------- EXHIBIT A - PAGE 11 O C / 'V 1 b •• r v' /'•N O mYs t'------------- v • � N M A o O e O•V O C V M 0 0 0 o pO O O o 0 0 o p e O O M � O e O N o O O O H e o O s In/ o p n A e o e a C O o C 0 0 o e l o e o eo O • O _ O 0 0 o ti 0 o e o ►O eo e o O n e o o O------------- o 0 0 o O EXHIBIT A -PAGE 12 • m x __ co • - 96th Ave. W. - cn 3 M ' CL - c W 95th Ave. W. ' m ' —_- -I � . I � Cfl =1 W -i a c) . I I H 111 INHIUNIININNINNIIIILL .I .f ■. fi ■ ffi. f. fftl ffi ■ fi f fii ■ f� ■ t 93rd Ave. W. (private) :f .I .I = -------------- T'fr ffi fif ffi fff fii ffi fi fi ffi fi fi ffi 92nd Ave. W. 11111111111 IIIIIININIIII f C-,OL _ I _ t INIlllllill(f1111NNllll1111 I _ __ - t O t - r= c0 = f cn d l< i f - IIIIIIIIII IIIII IIIIIINIIIIIIII - i 1 1 i 88th Ave. W. EXH B - PAGE 13 1r 1' u • 95551 77.00 Affidavit of Publication EN STATE OF WASHINGTON, COUNTY OF SNOHOA'aISH, sa The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper INVITATION TO BID CITY llOc°v will be l,received at printed and published in the City of Everett, County of Snohomish, inch diameter sanitary sewer pipe, manholes, Special connec. tions 2,200 linear feet of 8-inch ductile iron water line, 575 linear feet of either 6-inch or 4. inch ductile iron water'iine fire hydrants, service lines, right. of -Jay restoration and the. furnishid0'.of all labor, materl- cis, and equipment necessary for this project. . The sealedbids wilt be opened and publicly read ofoud of 2:15 p.m.,', A ust 20, 7n2, at ,the Communl y Services Depart- ment�Conference Room, 250 5th Avenue North, Edmonds. plans l�rrd •specifications and forme di contract documents may be exgmined at the affice of the city,%ngineer located in the Cbmmunity Services Departmetrt, 250 5th Avenue North', dnd a set thereof purchased for 0 non-refundable fee of $30. A certified check, cashier's check, or bid bond in the amount equal to at least five percent, (5%) of the total amount bid, including sales tax, . It applicable, must accompany each bid as evidence of good faith and as a guarantee that if awarded the contract, file bidder will execute the contract and give a performance. and payment bond as required. The check will be given as 0 guarantee that the bidder shall execute the contract in confor. mity with the contract documents it it is awarded to him and shall provide o performance and payment bond as specified therein within fifteen (15) days after notifica- tion of the award of contract to the bidder. The City of Edmonds reserves the right to reject any or all bids, and to waive irregularities or informalities in the bid or in the bidding. No bidder may withdraw his bid after the hour set for the opening thereof, or before award of contract, unless sold award is delayed for a perlod exc RHONDA J. MA City Clerk City of Edmonds, Wash. Published: August 2, 9, 1992, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Invitation to Bid Sanitary Sewer Improvements a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 2, 9, 1992 ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk loth Subscribed and sworn to before me this ............................ of.....Au ust........... ........ 1992..... 4 ................ ............. ........ ........ .. .�ty .................; Notary Public in oshington residing at Ever t,, w U 0OZ � 0F 'N A j B-2-1 STATE OF WASHINGTON - KING COUNTY 19886 City of Edmonds *ity of Edmonds Sanitary Sewer Proj. Improvement Bid Date: Aug. 20 i M. M1 3,200 linear feet -of 8-inch dia- meter sanitary sewer pipe, manholes, special connections, 2,200 linear feet of 8-inch duc- tile iron water line 575 linear feet of either 6-1n1 or 4-inch ductile iron water line, fire hy- drants, service lines, right-of- way restoration and the furn- ishing of all labor, materials, and equipment• necessary for The sealed bids will be open- ed and publicly read aloud at 2:15p�� m., August 20, 1992 at the Community Services be- partment Conference Room, 250 — 5th Avenue North, Edmonds. Plans and specifications and form of contract documents map be examined at the office of the City EW�sneer located in the Commtmi�y Services De- Ftm!%�d 250 — 5th Avenue a set thereof pur- sWd for a non-refundable fee A certified check, cashier's check, or bid bond in the amount equal to at least five percent (5%) of the total amount of bid, including sales tax, if ap- plicable, must. accompany each bid as evidence of good faith and as a guarantee that if awarded the contract, the Bid- der will execute the contract and give a performance and navment bond as reauired. The the bidder shall execute ract in conformity with tract documents if it is 1 to him and shall pro - performance and pay- )nd as specified therein fifteen (15) days after tion of the award of con- -rne t;ity of Lamonas reserves the right to reject any or all bids, and to waive irregulari- ties or informalities in the bid or in the bidding. No bidder may withdraw his bid after the hour set for the opening thereof, or before award of contract, unless said award is delayed for a period - exceedingg sixty ((60 days. RHONDA J. MA CH, City Clerk. City of Edmonds, Washing- ton. ODates of publication in the:• attle Daily Journal of Com-: lerce, August 3 and 10 1992.; 8/10(1$886) No. SAr� I'IARY SEW Affidavit of Publication The undersigned, on oath states that he is an authorized representative of The Daily Journal of Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper. The Daily Journal of Commerce was on the 12th day of June, 1941, approved as a legal newspaper by the Superior Court of King County. The notice in the exact form annexed, was published in regular issues of The Daily Journal of Commerce, which was regularly distributed to its subscribers during the below stated period. The annexed notice, a E3/C LID213/ElGB was published on 08/03/92 08/10/92 The amount of the fee charged for the foregoing publication is the sum of $ , which amount has been paid in full. I.aen-- i Subscribed and sworn to before me on U�3/1U/92 Notary Public for the State of Washington, residing in Seattle CHRON COPY M E M 0 R A N D U M June 1, 1992 TO: Bob Alberts, City Engineer FROM: Gordie Hyde, Engineering Coordinator SUBJECT: LID 213 PROTESTS (E1GB) The City Clerk received protests from two (2) property owners of three assessed parcels (5.3% of the total sewer project costs). She also received protests from five (5) owners of five parcels (580 of the total water project costs). Neither of these percentages appear to be enough to invalidate the LID, but the City Council may wish to be informed. GCH/sdt PROTESTS.LID/TXTST530 • STATE OF WASHINGTON, COUNTY OF SNOHOINaISH, the y LOCAL DISTRICT UWKIt_1 DV -- The full text of this ordinance will be mailed upon request. DATED this 22nd day of April, 19,92. RHONDA J. MARCH City Clerk Published: April 26, 1992. _ • S& Affidavit of Publication RECEIVen APR 2 1992 The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Summary of. ordinance No. 2878 ..................................................................................................................................... City of Edmonds ............................................. ............................. ................................. I..................... Improvement of Certain Property ..... .............. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: April 26, 1992 ................................................................................................................................... ......................................... ................... ......................... ......................................... and that said newspaper was regularly distributed to its subscribers during all of said period. -• ..............................._........-- .............. ................................................ Principal Clerk Subscribed and sworn to efore me this......... 2. th da of ........ April ...... ....... 19...9.2 •------------- ............................ Notary Pub ' d for ate f Washington, residing Co ty. ir 'kADYAA�,�s I HEREBY CERTIF" THIS TO BE A TRUE AND CORRECT COPY OF TKE. OWGINAL ON FILE IN MY OFFICE AS PART OF THE OFFICIAL RECIO.RDS T He CITY OF EDMONDS. CITY CLERK p"BL�G �2 5-19.94 WASN��Gti 8-2-1 STAFF RECOMMENDATIONS AND COUNCIL DELIBERATION ON PRELIMINARY ASSESSMENT ROLL FOR PROPOSED LOCAL SANITARYIMPROVEMENT DISTRICT FOR CONSTRUCTION OF WERS AND IMPROVEMENT, VIC YOF 218TH ST. 'S.W. AND 92ND W. AND ADOPTIONN 2878 FOR CREATION OF LOCAL IMMMM77 - .--- Councilmember Earling said he would not be participating in the discussion, as he was not present at the April 7 Council Meeting when the first discussion took place. It was noted Councilmember Earling was attending a Community Transit Conference on April 7, 1992. Staff Report and Recommendation Bob Alberts, City Engineer, said the Preliminary Assessment Roll has been adjusted for two assess- ments since the last meeting of April 7, 1992. Mr. Alberts said the water pipeline costs will be discussed with the applicable property owners after the bids are opened. Mr. Alberts said at that time, the property owners can determine if they wish to progress with the installation of a new water line. Mr. Alberts recommended City Council approve the revised preliminary assessment for LID No. 213 and adopt the ordinance forming LID No. 213. Council Discussion and Deliberation Mayor Hall read a letter into the record from citizens John and Mary Storm, who are protesting costs associated with the LID. Councilmember Petruzzi said it was his understanding the applicable property owners did not want to pay for the water line and were seeking to have the City pay it. Mr. Alberts said after the bids are opened for the water line extension, the applicable property owners would then decide if they wish to proceed with the water line improvements. If they do not, Mr. Alberts, said the water line project would be excluded from the project. City Attorney Scott Snyder said the purpose of Council action this evening is to establish the boundaries of the Preliminary Assessment District, to determine whether property is included or excluded and give a general description of the property. Mr. Snyder said no final assessments can be levied until a final assessment roll is adopted. • Councilmember Dwyer asked what the process is if a property owner feels their lot should be as- sessed as one lot, and the City is assessing it as two lots. Mr. Alberts said if somebody was to develop the lot in years to come, the City has no way of disbursing monies to the people who originally were part of the LID, so the money would probably go into the LID Guarantee Fund. Councilmember Dwyer said this is something that does not need to be resolved this evening in order to adopt the preliminary assessment for LID No. 213, but would like future discussion as the LID progresses. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE REVISED PRELIMINARY ASSESSMENT FOR LID NO. 213 AND ADOPT ORDINANCE 2878 FORMING LID NO. 213. MOTION CARRIED, with Councilmember Earling abstaining. / FINAL ACCEPTANCE OF WORK BY WRIGHT, SCHUCHART, HARBOR CO. FOR WASTEWATER TREATMENT PLANT AND i✓APPROVAL OF AMENDMENTN. 10 TO ENGINEERING AGREEM N 63,1 3 } Staff Report and Recommendation Bob Alberts, City Engineer, said the construction of the Wastewater Treatment Plant is complete. Mr. Alberts stated with the completion of construction, the City enters into the final stage of the project known as the one-year certification, which is required by the Department of Ecology. Mr. Alberts said the estimated engineering cost is $63,173, which is grant eligible. Mr. Alberts recommended Council accept the construction contract as complete and, thereby, establish the 30-day retainage period, Approve Amendment No. 10, and approve the monies from the project budget. Henry Benjes, the Consultant's Project Manager, presented a view foil presentation to the Council which gave an overview of the project from inception. Council Discussion and Deliberation Councilmember Kasper inquired on the status of the City's on -staff engineer, Mr. Ray Johnson. Councilmember Kasper said it was his understanding Mr. Johnson had a six-month contract, however, BYtGEATd4a-a,'M�tiigaT0 19EwAl2�-R �rApf l the end of 1992. Mr. Alberts said he is requesting 9 r o c mplete various tasks. CA CTMC(�P�S`Jr^8 1iP- rrM, .� �� iLE� !� P� Y OFFICE AS PART OF THE OFFICIAL RECO MS OF THE CITY OF EDMONDS. r,I T�Vr Irnii EDMONDS CITY COUNCIL MINUTES Page 3 April 21, 1992 STAFF RECOMMENDATIONS AND COUNCIL DELIBERATION ON PRELIMINARY ASSESSMENT ROLL FOR PROPOSED LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SANITARY SEWERS AND OF 21 HS.W. N 2N W. ADOPTION DIN N E 2878 IMPROVEMENT N I VICINITY IMPROVEMENT DISTRICT NO. 213(Con t. rom ri 7, 1992 Councilmember Earling said he would not be participating in the discussion, as he was not present at the April 7 Council Meeting when the first discussion took place. It was noted Councilmember Earling was attending a Community Transit Conference on April 7, 1992. Staff Report and Recommendation Bob Alberts, City Engineer, said the Preliminary Assessment Roll has been adjusted for two assess- ments since the last meeting of April 7, 1992. Mr. Alberts said the water pipeline costs will be discussed with the applicable property owners after the bids are opened. Mr. Alberts said at that time, the property owners can determine if they wish to progress with the installation of a new water line. Mr. Alberts recommended City Council approve the revised preliminary assessment for LID No. 213 and adopt the ordinance forming LID No. 213.' Council Discussion and Deliberation Mayor Hall read a letter into the record from citizens John and Mary Storm, who are protesting costs associated with the LID. Councilmember Petruzzi said it was his understanding the applicable property owners did not want to pay for the water line and were seeking to have the City pay it. Mr. Alberts said after the bids are opened for the water line extension, the applicable property owners would then decide if they wish to proceed with the water line improvements. If they do not, Mr. Alberts, said the water line project would be excluded from the project. City Attorney Scott Snyder said the purpose of Council action this evening is to establish the boundaries of the Preliminary Assessment District, to determine whether property is included or excluded and give a general description of the property. Mr. Snyder said no final assessments can be levied until a final assessment roll is adopted. Councilmember Dwyer asked what the process is if a property owner feels their lot should be as- sessed as one lot, and the City is assessing it as two lots. Mr. Alberts said if somebody was to develop the lot in years to come, the City has no way of disbursing monies to the people who originally were part of the LID, so the money would probably go into the LID Guarantee Fund. Councilmember Dwyer said this is something that does not need to be resolved this evening in order to adopt the preliminary assessment for LID No. 213, but would like future discussion as the LID progresses. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE REVISED PRELIMINARY ASSESSMENT FOR LID NO. 213 AND ADOPT ORDINANCE 2878 FORMING LID NO. 213. MOTION CARRIED, with Councilmember Earling abstaining. FINAL ACCEPTANCE OF WORK BY WRIGHT, SCHUCHART, HARBOR CO. FOR WASTEWATER TREATMENT PLANT AND APPROVALN N N. 10 TO ENGINEERINGAGREEMENT 63,173 k Staff Report and Recommendation " Bob Alberts, City Engineer, said the construction of the Wastewater Treatment Plant is complete. Mr. Alberts stated with the completion of construction, the City enters into the final stage of the project known as the one-year certification, which is required by the Department of Ecology. Mr. Alberts said the estimated engineering cost is $63,173, which is grant eligible. Mr. Alberts recommended Council accept the construction contract as complete and, thereby, establish the 30-day retainage period, Approve Amendment No. 10, and approve the monies from the project budget. Henry Benjes, the Consultant's Project Manager, presented a view foil presentation to the Council which gave an overview of the project from inception. Council Discussion and Deliberation Councilmember Kasper inquired on the status of the City's on -staff engineer, Mr. Ray Johnson. Councilmember Kasper said it was his understanding Mr. Johnson had a six-month contract, however, the Agenda Memo stated he would remain until the end of 1992. Mr. Alberts said he is requesting Mr. Johnson remain through 1992 in order to complete various tasks. EDMONDS CITY COUNCIL MINUTES Page 3 April 21, 1992 • 0006.090.076 MHD/srh 03/31/92 • I HEREBY CERT!F`,' T 1,11 TO BE A TRUE AND CORRECT CGPY OF PHTE ORi INAL ON FILE tN MiY OF ii;I AS PART OF THE OFFICIAL RE ,O.rD�j OF TrhE CIT"t' OF EDMONDS. ORDINANCE No. 287 `CITY CLERK AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 213, AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENT; PROVIDING THAT PAYMENT OF THE COSTS OF THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE THROUGH ISSUANCE OF LID BONDS; AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS OR OTHER SHORT TERM OBLIGATIONS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS, on March 17, 1992, the Edmonds City Council passed Resolution of Intent No. 268, resolving the intent to establish Limited Improvement District No. 213 ("the District"), setting forth the nature and territorial extent of the proposed improvement, the mode of payment together with related improvements more specifically described hereinafter, and WHEREAS, pursuant to said Resolution of Intent No. 268 and after proper notice, the Edmonds City Council held a public hearing on April 7, 1992 to hear from persons desirous of objecting to the proposed improvements herein mentioned, WHEREAS, the Director of Community Services for the City of Edmonds caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed District, and a statement of what portion of MHD17324.10 -1- the cost and expense of the improvement should be borne by the property within the proposed District, and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property, and WHEREAS, the City Council has determined it to be in the best interests of the City and of the owners of the property within the local improvement district that said improvement petitioned for, as hereinafter described, be carried out and that the District be created in connection therewith, NOW, THEREFORE, 0 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Edmonds, Washington, orders the following improvements of the following described streets and avenues: Acquisition of necessary right-of-way and easements, if any are needed, constructing sanitary sewer main and water main, and restoring streets and sidewalks where affected, together with all necessary appurtenances and related work necessary to make a complete improvement in accordance with applicable City standards. The routes along which the said sanitary sewer mains will be constructed are as follows: On tract 8 of the plat of Bellin Gardens, on 220th Street S.W. from approximately 200 feet west of 95th Avenue W. to 92nd Avenue W., on 92nd Avenue W. from 200 Street S.W. to approximately 150 feet north of 218th Street S.W. and on 218th Street S.W. from 92nd Avenue W. to 88th Avenue W. MHD17324.1O -2- • The route along which both said sanitary sewer mains and water mains will be constructed is 93rd Place W. from 220th Street S.W. to approximately 550 feet north. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Director of Community Services, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. Section 2. There is created and established a local improvement district, to be called Local Improvement District No. 213 of the City of Edmonds, Washington ("the District"), the boundaries and territorial extent of which are more particularly described on Exhibit A, a copy of which is attached hereto and incorporated in full by this reference. • Section 3. The total estimated cost and expense of the improvement is declared to be $545,178.64. The entire cost and expense of the improvement including all labor and materials required to make a complete improvement, all engineering, surveying, inspection, ascertaining ownership of the lots or parcels of land included in the District, and all advertising, mailing and publication of notices, accounting, administrative, printing, legal, interest and other expenses incidental thereto, shall be borne by and assessed against the property specially benefited by such improvement included in the District embracing as nearly as practicable all property specially benefited by such improvement. MHD17324.1O -3- r Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 213, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City Finance Director, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest -bearing warrants to be referred to hereafter as "LID Warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to RCW Chapter 39.50. The City is authorized to issue local improvement district bonds for the District which shall bear interests at a rate, and to be payable on or before a date, to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or redemption of any and all LID Warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after expiration of the thirty -day period for the cash payment of assessments without interest on the MHD17324.1O -4- assessment roll for the District. The bonds shall be redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by the ordinance authorizing issuance and sale of the bonds. The exact form, amount, date, interest rate and denominations of such bonds shall be hereafter fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council shall hereafter determine. Section 6. In all cases where the work necessary to be done in connection with the making of said improvement is carried out pursuant to contract upon competitive bids, the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 7. There is created and established in the office of the City Finance Director for the District the Local Improvement Fund, District No. 213, into which fund shall be deposited the proceeds from the sale of LID Warrants or other short term obligations drawn against the fund which may be issued and sold by the City and collections pertaining to assessments, and against which fund shall be issued cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement, and against which fund cash warrants shall be issued in payment for all other items of expense in connection with the improvement. MHD17324.10 -5- 0 Section 8. Within fifteen (15) days of the passage of this ordinance there shall be filed with the City Finance Director the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. Upon said filing, the City Finance Director shall immediately post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Section 9. 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. APPROVED: ATTEST/AUTHENTICATED: C Y CLERK, RHONDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY (^-� FILED WITH THE ITY CLERK: April 2, 1992 MHD17324.10 -6- 0 • PASSED BY THE CITY COUNCIL: April 21, 1992 PUBLISHED: April 26, 1992 EFFECTIVE DATE: Ma v 1, 1992 ORDINANCE NO. 2878 MHD17324.10 —7— � EXHIBIT A LEGAL DESCRIPTION OF L.I.D. #213 BEGINNING at the southeast corner of Wichser's Del Mar Addition No. 6 as recorded in Volume 15 of Plats, Page 64, records of Snohomish County, WA; thence westerly along the southerly boundary of said plat to the northeast corner of Lot 14 of Preview Homes Westgate Village, as recorded in Volume 20 of Plats, Page 28, records of Snohomish County, WA; thence southerly along the easterly lines of said Lot 14 and Lot 13 of said plat to the southeast corner of said Lot 13; thence westerly along the southerly line of said Lot 13 and Lot 12 of said plat to the most southerly corner common to Lots 12 and 10 of said plat; thence southerly along the easterly line of said Lot 10, and Lots 9 and 8 of said plat, to the southeast corner of said Lot 8; thence easterly along the south line of the north 500 feet of Lot 13 of Block 7, Alderwood Manor No. 9, as recorded in Volume 10 of Plats, Page 6, records of Snohomish County, WA, to its intersection with the east line of the west 90 feet of last said Lot 13; thence southerly along said east line to its intersection with the south line of the north 600 feet of said Lot 13; thence westerly along last said south line to its intersection with the west line of said Lot 13; thence southerly along said west line to the southeast corner of Lot 7 of the aforementioned Plat of Preview Homes Westgate Village; thence westerly along the south line of said Lot 7 and Lot 6 of said Plat to a point 82.04 feet east of the west boundary of said plat: thPnr-A - to a point on the northerly righi W. which lies 76.04 feet east c ^� fit; the aforementioned Block 7, AldE �_.`U: tinuing southerly to the southerly i, {{�t. S.W.; thence easterly along said''V to its intersection with the southE line of the west 115.88 feet of GOVE reship 27 North, Range 4 East, W.M.; t / /�� st line to its intersection with the 1 Ufeet of said Government Lot 2; thenc j �' Line to its intersection with the we 3, as recorded in Volume 13 of Pla nish County, WA; thence northerly , southwest corner of Lot 1 of ;' �1 - / `� `� Long the south line of Lots 1, 2, 3, the south line of the northeast :er of aforementioned Government Lo = the west half of said subdivisio _ __�._. �yr o��iy �-ne east line of said west half and its northerly prolongation to its intersection with the southerly boundary of Tyler Tracts, as • recorded in Volume 14 of Plats, Page 20, records of Snohomish County, WA; thence westerly along said southerly boundary to the southeast corner of Lot 25 of said plat; thence north, along the east line of said Lot 25 to the northeast corner thereof; thence a Legal Description of L.I.D. #213 Page 2 west to the northwest corner of Lot 28 of said plat; thence south along the west line of said Lot 28 to the southeast corner of Lot 1 of Rosewood No. 2, as recorded in Volume 18 of Plats, Page 80, records of Snohomish County, WA; thence westerly along the southerly boundary of said plat to its intersection with the west line of the southeast quarter of the northwest quarter of the southwest quarter of the northwest quarter of said Section 30; thence southerly along said west line to its intersection with the northerly right-of-way margin of 218th St. S.W_; thence westerly along said margin to its intersection with the easterly right-of-way margin of 92nd Ave. W.; thence northerly along said margin to its intersection with the easterly prolongation of the southerly boundary of the aforementioned Wichser's Del Mar Addition; thence westerly along said prolongation to the POINT OF BEGINNING_ 0 GH/dm D:\D\Worddata\LID213LD E q CERTIFICATE AND STATEMENT OF DIRECTOR OF COMMUNITY SERVICES FOR THE CITY OF EDMONDS, PERTAINING TO PROPOSED LOCAL IMPROVEMENT DISTRICT NO. 213. STATE OF WASHINGTON ) ss. COUNTY OF KING ) Peter Hahn, being first duly sworn on oath, deposes and says: that he/she is the duly appointed, qualified and acting Director of Community Services for the City of Edmonds, King County, Washington; that as provided by Chapter 35.43 of the Revised Code of Washington and as directed by the City Council of the City of Edmonds said Director does herewith make the following statements to the City Council concerning proposed Local Improvement District No. 213: • 1. The estimated cost and expense of the proposed improvement aforesaid is in the amount of $545,178.64 for the complete improvement. 2. The portion of the expense and cost of the proposed improvement, including materials used, labor, legal, engineering, administrative, printing and other expenses therewith that should be borne by the property within the proposed improvement district is 100%. 3. There has been filed with the City Clerk and delivered to the City Council of the City of Edmonds, this date, a diagram or print showing thereon lots, tracts and parcels of land and other property specially benefited thereby and the estimated cost and expense' of such improvement to be borne by each lot, parcel or _ I HEREBY CERTIFY THIS TO BE A TRUE AND ie MHD16391.1X/0006.90000 03/18/92 _1 CORRECT COPY OF THIE ORIGINAL ON FILE IN MY OFFICE AS PART OF THE OFFICIAL RECORDS OF THE CITY OF E NDS. ITY CLERK tract or other property as indicated thereon have been computed under my direction in accordance with Chapter 35.43 of the Revised Code of Washington and said assessment of estimated benefits and diagram attached hereto and incorporated herein as Exhibit "A" are true and correct. 4. The description of the boundaries of the proposed district is set forth on Exhibit "C" as depicted on the map identified as Exhibit B, both attached hereto and incorporated in full by this reference. I further certify that the facts set forth herein are true to the best of my information and knowledge. DIRECTOR OF 60MMUNITY SERVICES for the City of Edmonds, 0 Washington SUBSCRIBED AND SWORN TO before me thisday of 1992 . to MHD16391.1X/0006.90000 03/18/92 -2- NOTARY PUBLIC in and for,the State.of Washington residing at �� C�.ti�1 b l My Appointment Expires: i RCS' BY:FosterPepper&Shefelman:11-25-92 : 15:16 : 2067710221- Affidavit of Publication /TATC OF WASHINGTON, COUNTY OF SNOHOMSM F P & S Seat tle:# 2 The underai;ned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of 'Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved ea a legal newspaper by order of the Superior Court of Snohomish County and that the notice..,,.,.,. Notice.. of..Puklic Hee.rin1 ................... Upon Resolution of entFoF m Proposed Local .r f, t.,.j?o.>....?.�....-,.,G.i t,x... a f..,... nnd., ...... a printed oopy of w ch is hereunto attached, was publish d in said newspaper pro; and t in supplement form, in the _ regular and entire edition of said papernamely; March 22, 29, 1992 and that said newspaper was regularly distributed to its subscribers Burin= . of sat period, ...,.... ~.......... ........... „Principal clerk Subscribed and sworn to before me this ....... 24th da ol...................November........ lg.. 2., Notary Public in and f state shington, residing at Everett, Byrn %4Q1AFj r . (P pu 13 %.�o oz �9� 5.1g•S4 ��, OF WASVkV0 ti.211 • AFFIDAVIT OF MAILING STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH C-7�i?1 n L . Y1,2S _ hai nrr f i rGt Hii 1 v awnrn _ nn oath deposes and says: That on the -22'' day of M,9,eZ,-/ , 1992,h�/she placed in the United States mail the NOTICE OF PUBLIC �iE'ARING UPON RESOLUTION OF INTENTION TO FORM PROPOSED LOCAL IMPROVEMENT DISTRICT NO. 213, more particularly described in said Notice of Hearing, attached herewith, and addressed to those named on the attached preliminary assessment roll. . S' ature S BSCRIBED AND S ORN to before me this —::�?8 day of C . 1992 . My appointment� S : .". 4M� . y 'i op! A; ice:, �/ f/wdata/^1id213/rrr>// yF�B Z/C • I HERc13Y CERTIF'.' THIS TO BE A TRUE AND CORRECT CGPY OF TH'17 OWGINAL ON FILE IN MY C FFiCE AS PART OF THE OFFICIAL RECORDS THE" CITY OF EDMONDS. CITY CLERK • • 8 9 0_ 1 9 y CITY OF EDMONDS 10 LAURA M. HALL 250 - 5TH AVE. N. - EDMONDS, WA 98020 • (206) 771-0220 - FAX (206) 771-0221 MAYOR COMMUNITY SERVICES DEPARTMENT Public Works • Planning . Parks and Recreation . Engineering March 20, 1992 P TYM 8828 *8�TE NOTICE OF PUBLIC HEARING UPON RESOLUTION OF INTENTION TO FORM PROPOSED LOCAL IMPROVEMENT DISTRICT NO. 213 PETER E. HAHN DIRECTOR You are listed on the rolls of the Snohomish County Assessor as an owner of the property listed as assessment parcel No. 42 described in Exhibit A, attached hereto and incorporated herein, which will be benefited by the improvements proposed to be constructed through formation of City of Edmonds Local Improvement District No. 213. The nature of the proposed improvements is as follows: Acquisition of necessary right-of-way and easements, if any are needed, constructing sanitary sewer main and water main, and restoring streets and sidewalks where effected, together with all necessary appurtenances and related work necessary to make a complete improvement in accordance with applicable City standards. The routes along which the said sanitary sewer mains will be constructed are as follows: On tract 8 of the plat of Bellin Gardens, on 220th Street S.W. from approximately 200 feet west of 95th Avenue W. to 92nd Avenue W., on 92nd Avenue W. from 200th Street S.W. to approximately 150 feet north of 218th Street S.W. and on 218th Street S.W. from 92nd Avenue W. to 88th Avenue W. The route along which both said sanitary sewer mains and water mains will be constructed is 93rd Place W. from 220th Street S.W. to approximately 550 feet north. The total estimated cost of the improvements is $545,178.64. The estimated and proposed assessment on the above described property is set forth in Exhibit A. The actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan . 0 �► ~` I Notice of Public Hearing LID No. 213 Page 2 The estimated benefit to this particular lot, tract, or parcel is equal to or greater than the estimated assessment amount set forth in Exhibit A. All persons desiring to be heard in support of or in opposition to the improvements and formation of the Local Improvement District are hereby notified to appear and present their concerns to the City Council at a public hearing which will be held on April 7, 1992, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers at City Hall, Edmonds, Washington. CITY OF EDMONDS 6 'i ' • D• MARCH 11 dm D:\D\Word\LID213 0 c I h- II .L" I I c f? 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CV :c N r w 6 Q W W II II 3C 31C Y C,1 Ci.7 _-S W II <C Q L•C nR,• Q% A S CC; J W ¢ ¢ 3c II b ii z x s b ro Q J Iz eC C J 1-- r ¢ .-K ¢ ca w CUC7 U r w z= x nc W.]H it Cr II b r O r O Cli J .«I CC LA H-- G r rn Z 2 Z .J C1] ]G U W II to CIS Cr W W W W C� G G O •• W ¢ C.-S --• M C7 r CC Z CC 3= Cr 'r C1. It •'^a C7.. LA- CC•I IJ.. r_a S S Cq U cr r tz7 M C.4 CD H 0- a m_ - n Lr II W II M G U o +•C7 o H O C`J O -W G h? d I.1-, G -0 O G C Q I I +•-f +-1 o C+ O ✓.> G II d c• �+ o I G I � c• 1 G I G I o 1 0 II F-- II I n I n I r+�• 1 I•«• n n I 11 n n n n 1 n [-3 II U II c• •.:� O 4 o o G Cr O .�. O O G G ��-+ G •� G O o O 0 d 6 II I I I I f I I I I 1 1 I •¢ II r II I� r"} r••• h+"S n r^I r-• M n r^.: n MI r M r-• NJ n ram: n M n r•-M n M Z II U] CY II Ln W II rl? H d' ,-+1 LP} +•'M .a .-I n --1 co rl Cr•• •«•'1 ^• C•J ,••-1 N CV CJ r•'7 CV +d N W II Cry II ¢ a n ig MR :1 ,h. t , ' ,rt 1- U- W III 1-^ P r- co O A-- 1 09 _I Lmt? II N N G ti N O O <S W II h CJ7 II Q p c O CC14 o C C,4 C G d CJ'J II `Q .d c N1 , m• S J it C1_ W II CG C1 It CG G.. It C� U.1 II Ort"• I,,: ^ n rt rt n 'W t'•• h^• F-^ 11 b�„ rt rt tT IT rt T +r Gta 11 N CV .-1 co N ••� -4 •--I N N .•1 n4 ri Fes- 3L• 11 n n M 1^+ O M co ?I".. �o I" .0 co M •.ta I", W M 1 �..•I II 0=Ca iC II *w 4^M�F M' iF i4* 4^ MF 'MF V 4^M' r a C7 II Q II Cta 11 S �• it r•-� C3^ II CAI II r- 1-• I t C O ClJ I I W f 7 II O Lr II f«A 6 II RI I t1' •� I I h CI'J It CJ'a F••• II .: Cra II d o II C Lt I I CC 11 CSa LXJ CC � II CC rt rt CO C9 rt CCa •d w u 11 W I I w M -V M [ta II -.C7 .0 � M O .Z. II Ctt Cta 11 r.1 H y} • YU • CV iM 2 d II 01 OF �' 4^ �, .••I 4N' ,•-1 W C.a 11 YF Z �-• II W 11 C• CU 4!'S co co U-1 H 9C II �. CT OP: QO+ Cn C: CT C• T C-) LU II O C2 II M CN M N ..y C14 N N N H m 11 h CXa II -9 .�O -4 .~•i CO -4 Ca, •C -9 .~••I C 9 .0 Cl+l Cta Lo II NJ N7 •8 4^ M �,� C Ca CD ilF {~IF 'M M 4.* ,-1 .M C-t C..a II , VF VF o Q i i N N .-1 N •-•I N IN ti 414 .-•I • a I I O J II Z II I �� M to o II I= S C" a.t CZO d4 CC •►� C.O 1714 ~ M M1 cl- Q+ at CT G +O M CV N7 O +p' ti C V T trl r'}C,IrY C �G r-I C-4 C Cra V F+ II .•i ti r1 CV M1 'V' Fri M G N M1 G M1 O CTJ II J CI] II CV CV H eV G C N Vim'] II 4 N C-) • L7 u it II H W LrA ,.C, w 'e- ` w • I C, \ ti Lo� m H 39 II m eta I H .O = II CrJ N 3m 711: 3c [� O II W I-jCv' A .\-� LO C] eta H Z S CiJ m 3 + N It •q- F-- II .-•I O `• Z H \ S S II W = C.n <r J Cfa .q trw G H Lfa (, 2 •[ CV N .. II .y- W H co O O w I I O II C? F- CL an d - ss LCa C> .- C] CN ¢ Q II N ` CS d C W x Z a•K H V J 11 .2 CO • .f- Z aC N? N W W W Z a! W u7 � •• WS [� W ri• CV. Cta 11 W II CV H L_S N \ M M N N \ In 1? G N r h J II .-1 Cta .-I = H 7C aIC U7 CT J Cta C.Ca CT ?s H Ga] taJ uJ H Ga I= II II II Z w m S Z CD Z Cr W U7 _I W I II Cfa II Z , 3 g = = Z S Lra II Lra Cn c;j cn it y j h W LxJ W U] W 'z ¢ ¢ Q ¢ Ln cra En i G ca r p z z = Y II N CV G CV N c"IZ Z N m m m r7 it II Cr Cr CV 4-• O`• CT C, 4- -IH H CV CV " M1 Cr+ a•e -•1 CV CV CV c}- Li II rJ II N M1 H M1 ar:, N •.O � H I �' N mil- N , CC ^y Cn CT m CSa m N H � Ll II II �--• •cY N N 2 ..--, CT• M I N G CV CV CV N .H-1 C, G V- .-i W CV It II 1'i V- CO .-• •--, C%] • .Hy. .�}. M L1J G II m CII En N O- • Z _I M G ¢ C" .-f f!] S N Z -i N CJ7 Lfl C+7 [J] S p Cta II W W f1 = CT ¢ W J N Q :z --W W •S C_t Lin N O_ 2 d +d- w CV m W ltl • Q LID W II C� 11 2 H Q �- �• Z h F'} CC F-- 7C r-I = H > aIC I•-. CO H > h o- > > F- r h Ll. r O h M1 U Q Q O O �• ••-r u'i d h O KX O Ca O t[ Lo <r 6 U'a U7 [IJ = i J G c2 4 11 fD W Cr r'p C.I• F-- Ln x C_a r1D r•« G >- r W C• Z p La Cm O ?- I- • • G Z p cT = aC Ca O S U ¢ 11 II CC CXa O ¢ c.n 3" .Z• W «..I W CJa h W aC Y CT Z W 7C S Ca- Z F- S Z F-- z r = h .d. [� W w CD II W k >•C W CV CT N CT CO ¢ S w ¢ [L w �", co 0- •• rs CD CV CT Ctl CG CC CL. O a•[ d CV [T -CI CV r CV C, N C, N co Cl7 CC L-1 Z_ II II CJ OCV CJ'a GC CCJ Ga +T •er co or Z CD ....I Ld CC <r d J +-+ r .-1 N H N H N •CG [J CJ 4 F- _I II J 7C CV H r C� _ = C=J LY y d X- r d W LSD Q: i.0 C.3 CJa W Ch H F•- d CQ CJ] CC CC CJ = u- V- o w -n CC H CV u's '"'• F- G_ W II Q 11 J CC O S W G ¢ M1 M1 O F- H Ln N C.'CJ Y S d W CT d :*- Cta O w CT N W m m N ,-i N N •W H CC CC O> CL i II 7iC C J 4 CIl H N CV 7G Cx Q H W - C� S M1 C S H CT W W ,= 0- W .--1 N = W fL • d „C J Ca.. p ,•••I N m> - W H CV H CV H [T O o IC w Q it 11 CT [T u C a 11 7C S I I > CGy 2 W Q tr II Z O S 11 w S d h A J J S Ln J X II Z F-• O O >- <r W 2C • ¢ S CC Cf Lj CC Y- II W ,� L.CI 2 ¢ ai • X 2 Q Ct�l Cta Z W J O II �I F'•• [.f9 = C,ia = CJ7 J .J S CC Z Z rL-II II IYJ N "a' ,��, � G c o G Cn i t ��? G C_- Q IWx1 7C II .G••1 O c G G o G O 11 •rt' rt .I••I 00 CT M �' N Af? .I•-1 N G O O o C O o o C_7 II ¢ II G 4 VI• •III" t .r at C .d- O O I I O O G O C O G I I LN•, N N CV N N CC 4 O O ¢ II ~ I•`. r^I ram.. M NJ �' G C,G G o m m II W it ac II GO'? W II CV CJ N N C4 M W C7C II ti M F• Cl'a aC II Cta O II CC x I1 I • • J «-1 G L:C F-• w SIG LO in LW w cri Cn Q r m Q 1-+ ...I W CSC C.L. .R' 11 W W II r-• r✓ U-1 •a m m ISI m co tTJ m m U-7 -O ca m O cn 11 CrJ II .-•1 N O O d O N O -J till II N N7 r•+ ..I ti .•A M ..•1 LU Q W I I r cn 11 d O G O O O O O O U7 II F'•• Q II •1J ..-1 .F N C[7 •YIF W N CTJ N m M V N m M II A 11 Yr VF +F •X ..J II Q W I I O. 11 r r II CJ7 II N •If ••1 •-+ •-1 V' •r+ r x 11 P w.m .-I IXI M CO M w r• , IxJ C m N? Gn •••+ II M► YV Y► M' M• ApI N a X I I U 40 � w M Q I I LJ7 II •-+ CC I! W X iI w II r 7C Cn it ca R!J 11 x o u W Li II O_ WUJ II r F• II U Q It = X II H tJ7 I t cn r II X LC7 I I a o II U C.i It CQ II r-+ CSC 11 KC S it m M� r" •r" �1" rt M +7 W Ln II M N P•. t+. P. h•• N h. W •-• II MAu'� ..1 w w .•i co Lf? .-1 .2.•1 Fes•• 11 LO Cn .Z^ d II •IJ► YF iAA• 40 M• +.m4 W U 11 7 . 11 G I'Y,. II Fti W II Lill • Cl: N'J O'• co � Qi Crr 17+ cl: O• M CT CC CT r s n O -N- II C:C II CV 19. rwl F .•1 CXI .•1 Q7 .-•I L'O .••1 r9 NS •y .••+ m Q M i1F •IYF N` iF CMVF W pcnp 11 G.i C1 11 M G cn ii N MJ .-ILn .••� .•� •••1 N'J r••1 F- 11 Ln J t= iii t II i4 Cti F•-• II u•S M NJ b rh 6M -W C? G C ti W II F^• 11 t± ^ LT'• .O .L1 I6114 C4 N •If" N .F' to N u'+ K' tr ti O C1 II .-I N CV rl .•I .-I .••I N J Cfy 11 !1 1 = II l f7 M Q RA. N F=•• W cc 71IC 1*Lr:,.4Ir N N W O X W TC, NN.F-• a¢ .O LG [a 4L us LT CVLL,¢as = ss O t- NNJ F-• WLL- - S co .-I N} CV Cy W . G •4^ •? I I M h"J •• .'C -n F-• x N M •• X NJ F•- Y v II II CD I•"..^7' I-- W 1- x d F•- ¢ N7 w F- W .Z L.) CT' M F--• s C} F•- m CV LJ.. F- W F-• 4 W r w W C.n W C, cn II 11 X i O N u'> •x J SC u'+ F-- u'J S 2 CC t, M [Y.1 .J » [J7 CV .••1 F- CV CL- T IJ-J tC7 •• +-c X II Cn cn U N W 1-- to w N7 . W 1-- 11 v c W Ca 11 1 1 I1 1-- x F- S .. U rrJ �I- NJ Ott F- i•' .-y --I M F- /-- s - CT .L7 CV S F-• O I•- CT Lr7 u� NS .-- 1- O7 x `•� Ca M `� 1 -+ .••I -1 Ci 11 ¢ d w 7t ❑-• +•�• LJ.. O CCJ m W CT O +r LJ_ Cn Co -•-1 . •►F LL +2 O •• Cf7 tla [T t7 W Q W C� W a W 2 Li It C>: II cr GJ L"C =3 u'} F- r-^i U-7 = -O --I ul CV .-•I Ix Ir ICS S r` m L! J O .••1 S -Q cn «•+ C.G LJ_ CC O w O S U 11 CfJ II CC O Cx O 2 T w NS S N X h••- rr. 1= Cr X . • F-- H .r LLI O M C� " T L1J wF- O r r h•- "••. W II A II ¢ Q U- F- r J -O CV a- cma.• .k- F-•• F- CL L� J m � CV 1,- CT' CL. r•7 Lf7 Q W cc, co 3 a m 11 J 11 1•'7 .f d •. Cl- Lt_ N F- X CO K• Cl O 1- at N F-- iri F-- .X Cr, •. N? M Q 6 II C.b I I f^ F- LJ_ Cn U9 +•/• U- •m" C.CJ F- +•t [7 • G L.1_ F•- Cn ••F CV N.. H •d. CXJ CG lJ- [S^• --1 ++I' CV F- [Xi N O LxJ tra m CV L7 W II J I I it II O J C] .J ••C] F- G7 S, O m [7? u'i at S _J 1- U] r- U'J .-a Q •.C} F- G .Y S C77 O .J :i T L1 -O F-- Z CT• X O .-+ J x •••1 O Z ¢ --1 Cn .•-1 rc :ic: w II II ]C X X = g Clt 3; 3 II CIS II CYl C1? CA U'I Cr] C.n CIS Lr) CJ) II W 11 CSC II [a II u1:1 CJ7 Ln Cn LO C.n r t:n F• Cn cn CIS LO U'J F-- Cn Ca II ¢ II x s s x s x s x �- 11 m 1:0 w m m m m m ti 11 [� II -1 N - N .-•1 CN 1^4 N .-1 N .••1 N --i CV --� N CL II •aC O m •1' N W N m ac O II C5= It G '- M CT .--I •1.1 •••1 11.9 O• O .•i O• G CT I .T CT r CV m CJ7 rc ccC l 11 Q`• lb co m CV C.'O N W CO •O M co GG 2 •.a m II it CJ +• (D O Cf C) I i`.. CT r'1 �-' ti Z," LA- •-+ ' CAI 04 II II N N X X r^ . W Y J A .'C = N •ii �• .•M M Ci I-1 N >- CT• .•i .'� • !"'• C>G Y CC6" 7C r••• .J O CT Y N NJ Z II r r Cn C17 CJ7 ."� O Ln X O Ln Z' O'• N El O CJ7 [n II I I Gn CS^ • 6 U X C, -+ Cl 2 W .-•+ C O 6 CO CL W Y P ¢ C.� M N Ci X N d• 6 r a 6.. GG CC: Y- J tJ er LCJ O. O W W II C>r II ]"C .-. G cn cn w [ri Ln X r-1 2 rW-+ [T to C7 ca r 7C Cfi C� J IJ7 Q F- co 7C r••+ +. ..1 Q O F- CJ� X Fes•• 6 LO C� X SC: X S F- CAI = F- F•-• A it R II ¢ ]C S S C3 J x C, d S ¢ •2 Q X U W X O= = a•+ S T 65 C.C7 A O Y r -J O X s C.aF'- W CJ7 x ¢ II II w' W --• F- m t--- m t•- w F-• a m X r w Lai = r m m ¢: ea r m w 7G Q IT cc cc r-. m w x Lm m o ca o= rr F-• r co w .a W va' 1- = w I' m C,U II I- II Cn � J ti N .--1 N --'1 d L�,,{{J,J C� d1C W 0 N CD w Q -J ..I .•i Q CSC A O N cm W N Q .-i N 4 CS.. W Yt 5 == w= ..J r-1 N 6 W W w Gt7 W 0- X r-i N 0= et C" w cm .� C.O + Ci. .•r ..-1 .••1 N II J_ 11 CC7 'tL cU X .i^ O F•+ ti r W r co CSC r CJ] r r W X .t CC z W ►F X CV F- C� O4 6 T C, w m F- U R- Lr4 --1 CCC CC r-+ L!•+ X m I'•- Li S C� :. X z II •c>; II W J ✓ . G O M CT' .-+ C� Z• .J S Q CT >C a O F•- W .-� O A r .-1 z P = r.+ O .••1 r .-•1 CS•• C� r W a w 7C w W J O CT [� T S it C CI C, C+. lV O •-+ X .••+ Ln CV x II s o m cc �� U s CO cn CA ... C. C3 ,r w m - u J C6 x 77 � vJ m N w O � a -• r G Li] CL II cwo cm w LJJ z x II O II w CL1 �•• x Ct w A J n z Q vo � ii I.iJ Cri• c_s' a w w z II CIS Q CC C. W II CL 11 LO cn CC II LL II CC C.0 Ca L`L CC S [C U W -J C.$ C!7 11 co '.O If'+ V' IJ•i Lr II O 4 G O_ b O LSI I I G O G O G O :r• u'J O II Z ti} Ln .10 -IO it G > G I O 1 O 1 G I 11 r II I .-+ I h ti ••-� .••I .-i O CU, 11 CG•. O G O O Q li Ma r%, rr, M M Cis x II G •� G O O <7 {- II I r•? M NJ M ¢] r7 b] C'7 u F- tl x u w I can x i i a r.- m o- C> ^+ LO W II I'll t'J r'7 M .t •-t' W 1= II cn i 11 LO O it W i J Ly.7 W r a. A a 3w F- : crJ c.a vJ $ ftt = O O O I O CLI I N O N M • 0 f Y .'� II m Q) 07 O7 ca co Ca CSS 11 V' w W 11 CTJ CZ) CO LC W a7 C� CO II .Cl G II CC) I I G O O O O O O O II t l [D ...J Cn II rS W I—cn 11 •••I rl .-1 .••� .-1 --1 ••••1 n 11 O InII Ca CO co co co co cc co II Ir7 f- Q II A. M M M VR M M M II �• A 11 I I VLr-h ¢ W II II CC II n n n n n n n n II CSJ C W 11 v' +Ir �Ir" �I" .t' 9• •F +t II .-+ .� cn r r II ¢ ()7 CS) O7 coW C)7 co co Ln II O O r Z II N) I✓* 1`11)4A r) Ih r'7 r 1 II Cfi r-+ II M NF 4Ii MF 4o M 41M M II •� 11 II M Cn � r'• 11 II u-� F-- 1--I pc II L'C I I r II Ca C.Z':n I I 7C 11 II A O wW a a w ca 11 II --- c.a Z r- II II � ii ii o tail r r 11 C.) 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O 2 IL AG cn w � ylit ^ OD q q -, ./ - -------------- — --92Rd—AVE .W r\ '\v•/ `//\ /% i/`i i\I` \/� w` ` ` I � I N I N I N � _ � � $ � c .. l CO, `— v oz I --i I _ I ; � ; \'. W•��/�_ \ �J `/� �' � Om �" b m \ m to � O ail \% � 14 1 h AVE Sco T \il ail � : l `/ CAO •/ C' W to a � 0\ O � w t C _N • '/\=/\-T�v 3 Sal 14th PL S 1— N O I 88th. AVE W. 15th. AVE S oz N` y N ro V ON I y w � W i ti� I I � � i N 1OL5 NO CAI SJ 0 QQ O o No w a----L N 2OL2 f J 0 2•-47 O� 16th AVE S I a m I �Tr c� I ROW ADD pa w tinCj N N I p I 86th AVE W ^ J 't (56/1) AND ON m r - ?ro ro No i 87th. AVE. W SO i 861h PL. W I —L---- 5th PL W I i � I v m w m _ CP N 5540J: 4 O N ----- r SP - 14.8 ,• y — -'•- D ,,' � I o c>` a o f I T f a 84th PL W TT m 0 V 0 m 0 r N W EXHIBIT C LEGAL DESCRIPTION OF L.I.D. #213 BEGINNING at the southeast corner of Wichser's Del Mar Addition No. 6 as recorded in Volume 15 of Plats, Page 64, records of Snohomish County, WA; thence westerly along the southerly boundary of said plat to the northeast corner of Lot 14 of Preview Homes Westgate Village, as recorded in Volume 20 of Plats, Page 28, records of Snohomish County, WA; thence southerly along the easterly lines of said Lot 14 and Lot 13 of said plat to the southeast corner of said Lot 13; thence westerly along the southerly line of said Lot 13 and Lot 12 of said plat -to the most southerly corner common to Lots 12 and 10 of said plat; thence southerly along the easterly line of said Lot 10, and Lots 9 and 8 of said plat, to the southeast corner of said Lot 8; thence easterly along the south line of the north 500 feet of Lot 13 of Block 7, Alderwood Manor No. 9, as recorded in Volume 10 of Plats, Page 6, records of Snohomish County, WA, to its intersection with the east line of the west 90 feet of last said Lot 13; thence southerly along said east line to its intersection with the south line of the north 600 feet of said Lot 13; thence westerly along last said south line to its intersection with the west line of said Lot 13; thence southerly along said west line to the southeast corner of Lot 7 of the aforementioned Plat of • Preview Homes Westgate Village; thence westerly along the south line of said Lot 7 and Lot 6 of said Plat to a point 82.04 feet east of the west boundary of said plat; thence southerly to a point on the northerly right-of-way margin of 220th St. S.W. which lies 76.04 feet east of the west line of Lot 12 of the aforementioned Block 7, Alderwood Manor No. 9; thence continuing southerly to the southerly right-of-way margin of 220th St. S.W.; thence easterly along said southerly right-of-way margin to its intersection with the southerly prolongation of the east line of the west 115.88 feet of Government Lot 21 Section 30, Township 27 North, Range 4 East, W.M.; thence northerly along said east line to its intersection with the north line of the south 150 feet of said Government Lot 2; thence easterly, along said north line to its intersection with the west line of Aurora Heights No. 3, as recorded in Volume 13 of Plats, Page 45, records of Snohomish County, WA; thence northerly along said west line to the southwest corner of Lot 1 of said plat; thence easterly along the south line of Lots 1, 2, 3, 4, 5, and 6 of said plat, and the south line of the northeast quarter of the southeast quarter of aforementioned Government Lot 2 to the southeast corner of the west half of said subdivision; thence northerly along the east line of said west half and its northerly prolongation to its intersection with the southerly boundary of Tyler Tracts, as recorded in Volume 14 of Plats, Page 20, records of Snohomish County, WA; thence westerly along said southerly boundary to the southeast corner of Lot 25 of said plat; thence north, along the east line of said Lot 25 to the northeast corner thereof; thence Legal Description of L.I.D. #213 Page 2 west to the northwest corner of Lot 28 of said plat; thence south along the west line of said Lot 28 to the southeast corner of Lot 1 of Rosewood No. 2, as recorded in Volume 18 of Plats, Page 80, records of Snohomish County, WA; thence westerly along the southerly boundary of said plat to its intersection with the west line of the southeast quarter of the northwest quarter of the southwest quarter of the northwest quarter of said Section 30; thence southerly along said west line to its intersection with the northerly right-of-way margin of 218th St. S.W.; thence westerly along said margin to its intersection with the easterly right-of-way margin of 92nd Ave. W.; thence northerly along said margin to its intersection with the easterly prolongation of the southerly boundary of the aforementioned Wichser's Del Mar Addition; thence westerly along said prolongation to the POINT OF BEGINNING. • GH/dm D:\D\Worddata\LID213LD • r� AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) '�'/ ` I-lyoe- , being first duly sworn, on oath deposes and says: That on the 2C day of AV .eZ14 , 1992,/she placed in the United States mail the NOTICE OF PUBLIC EARING UPON RESOLUTION OF INTENTION TO FORM PROPOSED LOCAL IMPROVEMENT DISTRICT NO. 213, more particularly described in said Notice of Hearing, attached herewith, and addressed to those named on the attached preliminary assessment roll. S' ature C-1 to before me this a-HUND-4 04. �/AV�" NMI � � . yo i'e - 1516 day of THESE MINUTES SUBJECT TO MARCH 24 APPROVAL EDMONDS CITY COUNCIL MINUTES March 17,1992 The meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura M. Hall at the Library Plaza Room, 650 Main Street. All present joined in the flag salute. PRESENT Laura M. Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Michael W. Hall, Councilmember Bill Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Brett Shirley, Student Representative STAFF Art Housler, Admin. Serv. Dir. Peter Hahn, Comm. Serv. Dir. Rob Chave, Planning Manager Bob Alberts, City Engineer Arvilla Ohlde, Parks & Recreation Mgr. Buzz Buzalsky, Fire Chief Dan Prinz, Police Chief Mike Springer, Asst. Fire Chief Bill Angel, Fire Captain Christine Sidwell, Arts Coordinator Noel Miller, P.W. Supt. Dick Mumma, Building Official Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Mayor Hall called for an Executive Session after Item three regarding a property matter, a legal matter, and a personnel matter. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT •PALMER, TO ADD THE EXECUTIVE SESSION FOLLOWING ITEM THREE ON THE AGENDA. MOTION CARRIED. CONSENT AGENDA Items (C), (F), (I), (K), and (Q) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA THE APPROVED ITEMS ARE AS FOLLOWS: (D) (E) ROLL CALL APPROVAL OF MINUTES OF MARCH 2, 1992 AND COUNCIL RETREAT MINUTES OF FEBRUARY 14 AND 15,1992 ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LAURA BOOTH ($214.81), PEGGY A. DECARLO (APPROX. $150.00), AND JANET M. MORTON ($121.50). APPROVAL OF RESOLUTION #740 COMMENDING BRETT SHIRLEY, STUDENT REPRESENTATIVE (G) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A 318 JOHN DEERE LAWN AND GARDEN TRACTOR OR EQUIVALENT AND AWARD TO AUBURN LAWN AND GARDEN ($5,107.04 INCL. WSST) (H) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A FORD TRACTOR LOADER, MODEL 7410 OR P" EQUIVALENT AND AWARD TO BRIM TR1k0M (U,2*.75'1ICL �rWSS'T)T n C � / , r P U F J L N' D P CCRRcCT CGRY G1= T{<; Cco;i�JAJ ON M" ' I'd MY OFFICE AS PART OF THE OFFICIAL RECORDS OF THE CITY OF EDMONDS. (J) APPROVAL OF FINDINGS OF FACT ON DENIAL OF THE APPLICATION OF DR. SUCHERT TO REZONE APPROXIMATELY 5.26 ACRES LOCATED ON THE SOUTHWEST SIDE OF MAIN STREET, WEST OF FIVE CORNERS INTERSECTION, FROM RS 8 TO RM 2.4 TO ALLOW 86 MULTIPLE -FAMILY UNITS (FILE NOS. R-6-88 AND CDC 5-88) (FROM FEBRUARY 18, 1992) (L) PASSAGE OF ORDINANCE 2872 ADOPTING PLANNING BOARD RECOMMENDATION REGARDING A STAFF INITIATED REZONE OF PROPERTY LOCATED AT 19017, 19023 AND 19031 83RD AVENUE WEST FROM PUBLIC USE TO RS-12 TO CORRECT AN ERROR ON THE ZONING MAP (APPLICANT: CITY OF EDMONDS/FILE NO. R-2-91) (FROM MARCH 2, 1992) �(M) ACCEPTANCE OF PEDESTRIAN AND UTILITY EASEMENT FROM PHYLLIS H. WIGGINS, 16012 74TH PLACE W. FOR PROPOSED CONSTRUCTION OF NORTH MEADOWDALE ROAD WALKWAY (N) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH MOUNTLAKE TERRACE j FOR LAKE BALLINGER MONITORING AND REHABILITATION ($19,292) (0) APPROVAL OF RESOLUTION OF INTENTION 268 SETTING APRIL 7, 1992, AS THE r PRELIMINARY ASSESSMENT ROLL HEARING FOR PROPOSED LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SANITARY SEWERS AND IMPROVEMENT OF WATER MAINS IN THE VICINITY OF 218TH ST. S.W. AND 92ND W. Q p� {P) FINAL ACCEPTANCE OF WORK BY CONCEPTION COMMUNICATIONS, INC. AND INTRA- COMMUNICATIONS NETWORK FOR THE TELECOMMUNICATIONS AND WIRING CONTRACT, AND SET 30-DAY RETAINAGE PERIOD. Q (R) PASSAGE OF ORDINANCE 2873 AMENDING THE CITY CODE FOR APPROVING PAYMENT OF ` CLAIMS, DEMANDS AND VOUCHERS (S) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE ONE LASER LEVELER FOR PUBLIC WORKS CONSTRUCTION PROJECTS (18,001) Councilmember Dwyer arrived at 7:04 p.m. APPROVE CLAIMS WARRANTS FROM #920737 TO #921355, FOR THE WEEKS OF MARCH 2, AND MARCIi 9, 1992 AND PAYROLL WARRANTS FROM #920821 TO #921106. (Item (C) on the Consent Agenda) Councilmember Petruzzi asked Administrative Services Director Art Housler to clarify entries on Page 37 of the Warrants Register. Mr. Housler explained the entries were made to correct a previously entered incorrect BARS Number. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. I AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH LYNNWOOD FOR PUBLIC ART AT MEADOWDALE M AYFIELD ($15,000) AND APPOINTMENT OF COUNCILMEMBER MICHAEL W. HALL AS CITY REPRESENTATIVE (Item (F) on Consent Agenda) Councilmember Petruzzi inquired on the amount budgeted for the acquisition of art. Arvilla Ohlde, Parks and Recreation Manager, said the Arts Commission has $40,000 to be used for public arts projects. Ms. Ohlde said the Arts Commission is asking permission to use $15,000 of the $40,000 at the present time to proceed with the purchase of public art to be displayed at Meadowdale Playfield. Councilmember Dwyer asked where the idea first came from for the venture and inquired on site selection at the playfield and asked how much discretion would the City be giving the Artist. Councilmember Dwyer also inquired on future maintenance of the public art. Ms. Ohlde said the idea came from the City of Lynnwood, but in cooperation with the City of Edmonds. Ms. Ohlde said the public art would be a very low maintenance item. EDMONDS CITY COUNCIL MINUTES Page 2 March 17, 1992 Josephine Fye, Edmonds Arts Commission Chair, said there are two specific locations at the playfield which the Arts Commission prefers. Ms. Fye said the Arts Commission will be working with the Artist on this issue. Ms. Fye said the selection committee has the final decision on where the art work would be placed. Councilmember Dwyer noted • page 1 of the Prospectus explains this differently. Ms. Fye said the Prospectus is only a guide. Councilmember Kasper said he was not aware the Arts Commission had plans to purchase a major piece of art in 1992- Ms. Fye said it was not planned, however, the opportunity presented itself, and the Arts Commission felt it was a good opportunity. Councilmember Kasper inquired why the School District and Snohomish County were not participating. It was noted Snohomish County was not able to participate due to the way their ordinance is structured to site -specific, and the School District is financially unable to participate. Councilmember Kasper said he is concerned because of the recent budget crunch, and now the City is spending a large amount of money on public art. Councilmember Kasper was concerned the Finance Committee was not made aware of the purchase. Ms. Fye apologized for not bringing this to the attention of the Council earlier. Council President Palmer said the Meadowdale Playfield is used extensively by Edmonds' residents and the constant focus on the bowl for art work and other attractions for the City is being broadened. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE ITEM (F) ON THE CONSENT AGENDA. Under discussion, Councilmember Dwyer said his vote in favor of this is based on the City's assurance there would be no siting that would interfere with the uses of the field and if maintenance or a buy out is necessary in future years, the funds would not come from Parks and Recreation funds, rather from Arts Commission funds. MOTION CARRIED with Councilmember Kasper voting no. REPORT ON BIDS OPENED MARCH 2, 1992 FOR A CHEMICAL CONTAINMENT UNIT FOR HAZARDOUS MATERIALS AND AWARD TO PUGET SOUND SEED COMPANY ($16,935.46 INCL. WSST) (Item (I) on the Consent Agenda) Councilmember Petruzzi inquired on the funding source for this item. Arvilla Ohlde, Parks and Recreation Manager replied Fund 125. Council President Palmer inquired if Fund 125 was the Parks Acquisition and Improvement Fund. Ms. Ohlde replied affirmatively. Council President Palmer asked if this was the appropriate fund, as it seemed to him that it was more of a maintenance fund item. Councilmember Kasper felt the money should not come out of Fund 125. Councilmember Nordquist asked Mr. Housler if this expenditure from Fund 125 would be considered a correct use of funds by the State Auditor's requirements, and Mr. Housler replied affirmatively. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE Item (I). MOTION CARRIED with Councilmember Kasper voting no. _PROPOSED INTERIM CRITICAL AREAS ORDINANCE 2874 (FROM MARCH 2, 1992) Item (K) on the Consent �' enda Councilmember Hall said he is opposed to the passage of the ordinance. Council President Palmer said the Council may want to include a "sunset clause" into the proposed ordinance so all parties working underneath the ordinance will know exactly how long the rules will exist and when they will be re- examined. City Attorney Scott Snyder said he would bring a separate ordinance to the Council at the March 23 meeting addressing the Sunset Clause and vesting provisions. EDMONDS CITY COUNCIL MINUTES Page 3 March 17, 1992 COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DIRECT THE CITY ATTORNEY TO PREPARE A SUNSET CLAUSE AND VESTING PROVISION DESIGNATING JULY 1, 1994 AS THE SUNSET DATE TO BE ATTACHED TO ORDINANCE 2874. MOTION CARRIED with • Councilmember Kasper and Councilmember Hall voting no. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (K) ON THE CONSENT AGENDA. Motion carried with Councilmember Hall and Councilmember Kasper voting no. p ,,ACCEPTANCE OF ANONYMOUS GIFT OF $20,000 FOR FUNDING OF FLOWERS BASKETS PROGRAM FOR 1992 (Item (0) on the Consent ASenda) Councilmember Nordquist expressed his appreciation for the donation, however it is his belief that when a budgeting process is entered and certain stipulations have been made to the budget, the City should try to work it out within the parameters. Councilmember Nordquist feels the City might have been able to pay for the flower basket program, thus the gracious donation might not have been necessary. Councilmember Kasper noted the flower basket program is escalating more each year and said at some point more volunteers would be needed to keep up with the program. Councilmember Dwyer noted the success of the recent EMS levy and said the City's financial picture has changed for the better because of the passage. Councilmember Dwyer wanted to make sure the donor still wanted to make the donation in light of this. Mayor Hall noted the donor wanted to bestow the gift to the City regardless. The Council expressed their appreciation for the gift. Council President Palmer noted there was not a single member on the Council who wanted to see the flower basket program cut. Council President Palmer said it was strictly a budgetary consideration that ended up being offered by Staff and former Mayor. • COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO ACCEPT ITEM (Q) ON THE CONSENT AGENDA. MOTION CARRIED. AUDIENCE, PORTION Mayor Hall asked if any member of the public wished to speak. As no member came forward, Mayor Hall closed the audience portion of the meeting. PRESENTATION OF RESOLUTION OF COMMENDATION #740 TO BRETT SHIRLEY, FOR HIS CONTRIBUTIONS AS STUDENT REPRESENTATIVE. Council President Palmer read Resolution #740 commending Student Representative Brett Shirley for his contributions as Student Representative. The Mayor and Council recessed to an Executive Session at 7:55 p.m., and reconvened at 8:45 p.m. AID CAR BID REVIEW Staff Report and Recommendation and Recommendation Buzz Buzalsky, Fire Chief, said on October 29, 1991, the Council approved authorization to solicit bids for a new aid car to replace the used air car purchased in 1984. Mr. Buzalsky said the aid car is two years past the recommended five-year life span for this type of emergency response vehicle. • Mike Springer, Assistant Fire Chief, provided the Council with a history of the aid car in question and said it desperately needs replacing. EDMONDS CITY COUNCIL MINUTES Page 4 March 17, 1992 Bill Angel, Captain in the Fire Department, said the subject aid car needs extensive repairs, both mechanically and cosmetically. • Chief Buzalsky noted three bids were received by the City. Chief Buzalsky said the low bid by McPhersen Supply Company does not meet the specifications of the City. Chief Buzalsky suggested the Council accept the second lowest bid from Hughes Fire Equipment. Chief Buzalsky recommended $2,500 be approved to purchase a new mobile radio for the unit. Chief Buzalsky recommended the purchases be funded from the Fire/Aid Vehicle Fund ($50,000) with the remainder provided from the Council Contingency Fund ($30,250). Chief Buzalsky said the Contingency Fund would be reimbursed after the monies are recouped from the EMS Levy budget in 1993. Chief Buzalsky said there were other options available rather than borrowing from the Council Contingency Fund. Chief Buzalsky noted the $30,250 would not be needed until approximately July, 1992. Council Discussion and Deliberation COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REJECT THE LOW BID FROM MCPHERSEN SUPPLY COMPANY AS IT DOES NOT MEET THE SPECIFICATIONS SET FORTH BY THE CITY AND AWARD THE BID TO THE SECOND LOWEST BIDDER, HUGHES FIRE EQUIPMENT, IN THE AMOUNT OF $71,860.00 PLUS TAX. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REFER THE FUNDING OF THE $30,000 TO THE FINANCE COMMITTEE WITH THE FINANCE COMMITTEE TO COME FORTH WITH THEIR RECOMMENDATION WITHIN 30 DAYS. Councilmember Kasper inquired on the radio purchase. Councilmember Kasper said it is City policy to go out to bid for this purchase as it is a $2,500 purchase. Council President Palmer concurred. It was noted by Assistant Fire Chief Springer that the State Contract was utilized in this case. It was the consensus of the Council that the Fire Department go out to bid for the radio per the City's policy. In light of this information, COUNCILMEMBER NORDQUIST WITHDREW HIS MOTION. THE SECONDER AGREED. COUNCILMEMBER NORDQUIST •MOVED, SECONDED BY COUNCILMEMBER DWYER, TO TAKE $30,250.00 OR LESS OUT OF THE COUNCIL CONTINGENCY FUND WITH THE STIPULATION THE MONEY BE REFUNDED TO THE COUNCIL CONTINGENCY FUND BY DECEMBER 31, 1993. MOTION CARRIED. Councilmember Kasper inquired on the disposition of the current aid car. Assistant Fire Chief Springer said the aid car would be put up for bid. PRESENTATION BY MARY HUGHES OF YEASTING & HUGHES AND FIRST PUBLIC HEARING ON RECOMMENDED WATER RATE INCREASE. 1F� Consultant Retort and Recommendation Mary Hughes, Water Rate Consultant, provided her report and analysis to the Council regarding a proposed water rate increase for the City of Edmonds. Ms. Hughes said the City of Edmonds is unique in the fact that they haven't increased water rates for nine years, however, the average cost of water purchased from suppliers has increased nearly 60% in the last seven years alone. Ms. Hughes said the City needs to increase water rates by 50% over the next three years to meet increasing operating costs, to keep the water utility in good operating condition, to fund capital projects, and to pay revenue bond debt service. Ms. Hughes recommended the increases be staged over the next three years with an increase for 1992 as soon as possible of 35%; an additional 10% in 1993; and the remaining 5% in 1994. Ms. Hughes said with no rate increase, operating costs would exceed operating revenues in 1993 by approximately $45,000 with no excess available to fund capital or renewal costs, or pay debt service on outstanding bonds. Ms. Hughes said the proposed increase is not out of line compared to other municipalities. EDMONDS CITY COUNCIL MINUTES Page 5 March 17, 1992 Councilmembers were concerned over the recommendation for an initial increase of 35%. Councilmember Petruzzi requested the Water Consultant study another formula such as a 25% initial increase versus 35%. • Audience Participation Bjorn Thuesen, 322 Main Street, reminded the Council of the public reaction to the last increase in water rates several years ago. With no other member of the audience wishing to come forward on this subject, Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation Councilmember Dwyer stated the City has gone a long period of time without an increase in rates partially because of the dramatic increase in sewer rates due to the construction of the sewer treatment plant. Councilmember Dwyer said there was no desire from the City to increase both water and sewer rates at the same time. No action was taken on this item. The Council noted another public hearing was scheduled for Tuesday, March 31, in order to receive additional public input. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENT TO EDMONDS COMMUNITY d DEVELOPMENT CODE CHAPTERS 16.65 - OPEN SPACE, AND 16.80 - PUBLIC USE (APPLICANT: CITY OF EDMONDS/FILE NO. CC-3-91) (CONTINUED FROM MARCH 2, 1992. Staff Report and Recommendation Rob Chave, Planning Manager, referred to the information contained in the Agenda Memo. The Agenda Memo • stated the proposed amendments to the "Open Space" Chapter, are intended to clarify the purpose, applicability and procedural aspects contained in the Chapter. The creation of a new Chapter; Chapter 16.60 - "Public Use", is intended to address the need for specific development regulations for property zoned "Public Use". Audience Portion Roger Hertrich, 1020 Puget Drive, referenced a setback measurement of 10 feet which is listed under the Public Use section. Mr. Hertrich said it has been City policy to require at least a 15 feet setback from residential -zoned properties. As no other member of the audience came forward, Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation Councilmember Dwyer agreed that the 10 feet setback should be changed to 15 feet setback if it abuts a residential zone. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CHANGE SECTION 16.80.030, PARAGRAPH ONE, BY INSERTING "15 FEET" BETWEEN THE WORDS "AND" AND "FROM" ON LINE TWO SO THE CLAUSE WILL READ: "... AND 15 FEET FROM ADJACENT RESIDENTIALLY ZONED PROPERTIES...." MOTION CARRIED. Councilmember Dwyer addressed paragraph 2 of Section 16.80.030 which describes adjusting setbacks for structures that go above 25 feet up to 60 feet. Councilmember Dwyer compared a hypothetical building of 60 feet high which would be intrusive, versus a flag pole 45 feet high which would not be intrusive. It was the consensus of the Council • to leave this paragraph unchanged at the time being. EDMONDS CITY COUNCIL MINUTES Page 6 March 17, 1992 CONTINUED COUNCIL DELIBERATION ON PROPOSED ORDINANCE FOR 1992 FEE ADJUSTMENTS (CONTINUED FROM FEBRUARY 4, 1992 AND MARCH 2, 1992) Staff Report and Recommendation Rob Chave, Planning Manager, provided information on staff time and costs associated with each type of building permit. Mr. Chave said the figures are estimates and reflect a "general idea" of how much time is spent on each type of permit. Councilmember Dwyer referenced a letter from a local businessman who indicates Single -Family permit fees are "carrying" the department. Councilmember Dwyer asked Mr. Chave if he disagreed with this statement, and Mr. Chave said there are many permits associated with a Single -Family permit such as grading permits, electrical permits, etc. Dick Mumma, Building Official, said Single -Family Typical permits are not carrying a disproportionate part. Councilmember Petruzzi asked Mayor Hall if she has had an opportunity to thoroughly review the materials presented by the Planning Department. Mayor Hall replied negatively, however, Mayor Hall said she is on record in 1986 as being in favor of recouping all administrative costs, thus a 30% increase. As a procedural matter, COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Petruzzi said Council President Palmer had previously stated at the February 4, 1992 Council Meeting that the Council may want to consider leaving surplus funds with the department to reduce fees the following years, versus the present method of placing fees into the General Fund. Councilmember Petruzzi said he would like this included in any motion that is made this evening. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ALLOW •INTERESTED PARTIES OF THE AUDIENCE TO COME FORWARD TO SPEAK ON THE ISSUE. MOTION CARRIED. Audience Participation Eric Thuesen, 17926 Talbot Road, does not agree with 100% recovery. Mr. Thuesen said the building fees charged for Single -Family development does not represent the largest portion of business the City of Edmonds is presently doing. Mr. Thuesen said the City of Edmonds is doing more business in the area of additions and remodeling. Mr. Thuesen feels the fees should be readjusted to reflect where the City is doing the most business. Tom Belt, 917 9th Ave. South, said the Single -Family permits are more than carrying their fair share of the costs in the Building Department. Mr. Belt said there are many permit fees involved in a single-family development which increases the costs of homes in Edmonds. Mark McNaughton, 1047 Spruce Street, said the City is continuing to see larger number of inexpensive permits being issued such as remodels, etc. Mr. McNaughton said the City is going to have to address this issue and make everybody pay their fair share. Mr. McNaughton said builders are charged twice for plan check fees. Mayor Hall said she will be reviewing the plan check fee issue with Staff in the near future. Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation After further Council discussion, COUNCILMEMBER PETRUZZI MOVED, SECONDED BY •COUNCILMEMBER HALL TO 1) RAISE THE FEES EFFECTIVE APRIL 1 BY 20%; 2) INSTRUCT THE BUILDING OFFICIAL TO ADDRESS THE SHIFTING OF THE COSTS IN ALL CATEGORIES AND EDMONDS CITY COUNCIL MINUTES Page 7 March 17, 1992 • REPORT BACK TO THE COUNCIL BEFORE APRIL 1ST, AND 3) ANY SURPLUS FUNDS WITHIN THE DEPARTMENT BE LEFT IN THAT DEPARTMENT TO REDUCE FEES FOR THE FOLLOWING YEAR. Under discussion, City Attorney Scott noted he has drafted a Resolution of Intent for the Council at their request in a previous meeting on this subject. Councilmember Palmer said he is concerned that the categories that are already too high would be even higher when the 20% came into effect April 1 and asked Staff to address this issue. As a motion was on the floor, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER TO SUSPEND THE RULES TO ALLOW STAFF PARTICIPATION. Peter Hahn, Community Services Director, said revenues would be raised by 20%, not each fee. Councilmember Dwyer said he would vote against the motion as he doesn't agree with 100% recoupment. MOTION CARRIED with Councilmember Dwyer voting no. �j CONTINUED COUNCIL DISCUSSION ON PAINE FIELD EXPANSION AND PROPOSED RESOLUTION #741 OPPOSING THE PENDING RECOMMENDATION OF THE PUGET SOUND AIR TRANSPORTATION COMMITTEE TO CONVERT PAINE FIELD INTO A COMMERCIAL ROLE AND THE DEVIATION FROM THE 1978-1979 MEDIATED ROLE (CONTINUED FROM FEBRUARY 11, 1992). Council President Palmer and Mayor Hall said the following people have expressed their opposition to the proposed Paine Field Expansion through letters and phone calls to the City: Cheryl Hague, B. Roth, Doris Garberson, Linda and Chuck Mackie, Ellen M. Kline, Dr. James Schmidt, Bob Schroff, and Eugene and Joan Lewis. Council President Palmer referenced two large maps which showed depictions of the likely flight paths that would • come into existence if expansion was allowed at Paine Field. It was noted the flight paths cover the entire Edmonds area. 0 Council President Palmer strongly recommended adoption of the proposed resolution to begin the process of protecting the City of Edmonds from the negative impacts of the proposed Paine Field Expansion. Council President Palmer said many citizens have come forward with good information on this and have voiced their opposition. Councilmember Nordquist said he has received calls from citizens regarding the low flying aircraft over the City of Edmonds at the present time and is concerned with the use of the field at present. Councilmember Nordquist said the use of the field needs to be returned to general aviation. Councilmember Dwyer said this is a regional problem and doesn't feel the ultimate solution is going to be housed entirely in King County. Councilmember Dwyer predicts the South County communities who are entering into this resolution opposing the proposed expansion, will end up being pitted against each other in the future. The Council agreed in opposing the proposed expansion of Paine Field. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR PASSAGE OF RESOLUTION #741. MOTION CARRIED. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE MAYOR AND COUNCIL PRESIDENT DRAFT A LETTER EXPRESSING THE CONCERNS OVER THE INTRUSIVE AIR TRAFFIC AT PAINE FIELD CURRENTLY. MOTION CARRIED with Councilmember Kasper voting no. EDMONDS CITY COUNCIL MINUTES Page 8 March 17, 1992 APPROVAL OF FINDINGS AND FACTS ON APPEAL OF PRELIMINARY ADB DECISION REGARDING A Q NEW 3-STORY MIXED USE OFFICW5-UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPLICANT: ROBERT BUTTERFIELD / APPELLANT: ROBERT DRISCOLL / FILE NO. ADB-107-91/AP-92-10) (FROM MARCH 2, 1992) City Attorney Scott Snyder noted Councilmember Kasper was not present during the March 2 discussion and asked Councilmember Kasper if he has had an opportunity to review the records of the prior proceedings. Councilmember Kasper replied affirmatively. City Attorney Scott Snyder referenced two versions of Findings and Fact for consideration by the City Council. Mr. Snyder said the motion passed March 2 did not address the issue of stories. Mr. Snyder said Version 1 makes a finding with regards to finding the 3-story design inappropriate under ADB criteria. Mr. Snyder said Version 2 makes a finding that there is no limitation to stories in the code, and defers the decision to the ADB. Mr. Snyder said this is a preliminary_ review and the applicant could expect some feedback or comments from the ADB regarding the preliminary design. Council Discussion and Deliberation Councilmember Dwyer said it was his intent to limit the proposal to two stories and addressed the issue of mixed use. Councilmember Hall said he doesn't agree with the assessment that 25 feet means two stories. The Council discussed many issues such as primary use versus secondary use, buffers, number of stories, and setbacks. After discussing both versions of the Finding of Fact, COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO RECONSIDER THE PREVIOUS ACTION MADE BY COUNCIL AT THE MARCH 2 CITY COUNCIL MEETING. MOTION CARRIED with Councilmember Hall, Councilmember Kasper, Councilmember Palmer and Councilmember Earling voting yes, and Councilmember Dwyer, Councilmember Nordquist, Councilmember Petruzzi voting no. • COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL, TO REMAND THE ISSUE TO THE ADB. Under discussion, City Attorney Scott Snyder, said if the Council is going to take action different than the motion made at the March 2 meeting, the City needs to inform the public. COUNCILMEMBER PETRUZZI WITHDREW HIS MOTION. THE SECONDER AGREED. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR DISCUSSION TO CONTINUE THIS ITEM TO APRIL 21, 1992. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AMEND THE MAIN MOTION TO PROVIDE FOR ADDITIONAL PUBLIC TESTIMONY ON APRIL 21. MOTION CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. MAYOR Mayor Hall noted three liquor license applications: Engel's Pub, Red's Steak House and the Rancho Chico Restaurant. No objections were noted from the Council. Mayor Hall asked Councilmember Kasper if he would attend the upcoming meeting in Olympia regarding the ferry dock. Councilmember Kasper replied affirmatively. Mayor Hall thanked the committee who worked on the EMS levy. Mayor Hall said the levy passed with an approximate 94% approval. �5 EDMONDS CITY COUNCIL MINUTES Page 9 March 17, 1992 COUNCIL Councilmember Dwyer said he is beginning to get comments in the nature of complaints about the change in the City Council Minutes. Councilmember Dwyer said people feel they are not getting an idea of who is saying what. Councilmember Petruzzi said the Chamber of Commerce is contributing $25,000 which matches the contribution from the City for the Edmonds Visitors Bureau. yv �/ICOUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL TO EXCUSE COUNCILMEMBER KASPER'S ABSENCE ON MARCH I MOTION CARRIED. Councilmember Palmer thanked Student Representative Brett Shirley for his contributions during his term. Council President Palmer reminded the Council of the Association of Snohomish County Cities & Towns Dinner at Fishhouse Charlie's on March 26, 1992. Council President Palmer said there is a sandwich board sign on the street opposite 504 Holly Street and asked Staff to look into the matter. Councilmember Farling said he would be attending a Community Transit Meeting on April 7 and asked that the Adult Entertainment Hearing be moved forward on the Agenda. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER, TO MOVE THE ADULT ENTERTAINMENT HEARING FROM APRIL 7, 1992 TO MAY 5, 1992. MOTION CARRIED. With no further business, Mayor Hall adjourned the meeting at 11:41 p.m. THESE MINUTES ARE SUBJECT TO MARCH 23, 1992 APPROVAL. • THE OFFICIAL SIGNED COPY OF THESE MINUTES ARE IN THE CITY CLERK'S OFFICE. A PERMANENT RECORDING OF ALL COUNCIL MEETINGS ARE KEPT IN THE CITY CLERK'S OFFICE. • EDMONDS CITY COUNCIL MINUTES Page 10 March 17, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. MARCH 17, 1992 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 2, 1992 AND COUNCIL RETREAT MINUTES OF FEBRUARY 14 AND 15,1992 (C) APPROVE CLAIMS WARRANTS FROM #920737 TO #921355, FOR THE WEEKS OF MARCH 2 AND MARCH 9, 1992 AND PAYROLL WARRANTS FROM #920821 TO #921106 (D) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LAURA BOOTH ($214.81), PEGGY A. DECARLO (APPROX. $150.00), AND JANET M. MORTON ($121.50) (E) APPROVE PROPOSED RESOLUTION #740 COMMENDING BRETT SHIRLEY, STUDENT REPRESENTATIVE (F) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH LYNNWOOD FOR PUBLIC ART AT MEADOWDALE PLAYFIELD ($15,000) AND APPOINTMENT OF COUNCILMEMBER MICHAEL W. HALL AS CITY REPRESENTATIVE • (G) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A 318 JOHN DEERE LAWN AND GARDEN TRACTOR OR EQUIVALENT AND AWARD TO AUBURN LAWN AND GARDEN ($5,107.04 INCL. WSST) (H) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A FORD TRACTOR LOADER, MODEL 7410 OR EQUIVALENT AND AWARD TO BRIM TRACTOR ($5,220.75 INCL WSST) (1) REPORT ON BIDS OPENED MARCH 2, 1992 FOR A CHEMICAL CONTAINMENT UNIT FOR HAZARDOUS MATERIALS AND AWARD TO PUGET SOUND SEED COMPANY ($16,935.46 INCL WSST) (J) APPROVAL OF FINDINGS AND FACTS ON DENIAL OF THE APPLICATION OF DR. ROBERT SUCHERT TO REZONE APPROXIMATELY 5.26 ACRES LOCATED ON THE SOUTHWEST SIDE OF MAIN STREET, WEST OF FIVE CORNERS INTERSECTION, FROM RS-8 TO RM-2.4 TO ALLOW 86 MULTIPLE -FAMILY UNITS (FILE NOS. R-6-88 AND CDC-5-88) (FROM FEBRUARY 18, 1992) (K) PROPOSED INTERIM CRITICAL AREAS ORDINANCE 2872 (FROM MARCH 2, 1992) (L) PROPOSED ORDINANCE 2873 ADOPTING PLANNING BOARD RECOMMENDATION REGARDING A STAFF INITIATED REZONE OF PROPERTY LOCATED AT 19017, 19023 AND 19031 83RD AVENUE WEST FROM PUBLIC USE TO RS-12 TO CORRECT AN ERROR ON THE ZONING MAP (APPLICANT: CITY OF EDMONDS/FILE NO. R-2-91) (FROM MARCH 2, 1992) (M) ACCEPTANCE OF PEDESTRIAN AND UTILITY EASEMENT FROM PHYLLIS H. WIGGINS, 16012 74TH PL W. FOR PROPOSED CONSTRUCTION OF NORTH MEADOWDALE ROAD WALKWAY (N) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH MOUNTLAKE TERRACE FOR LAKE BALLINGER MONITORING AND REHABILITATION ($19,292) le(0) APPROVE RESOLUTION OF INTENTION 268 SETTING APRIL 7, 1992 AS THE PRELIMINARY ASSESSMENT ROLL HEARING FOR PROPOSED LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SANITARY SEWERS AND IMPROVEMENT OF WATER MAINS IN THE VICINITY OF 218TH ST. SW AND 92ND W. CONTINUED • AGENDA EDMONDS CITY COUNCIL PAGE 2 MARCH 17, 1992 (P) FINAL ACCEPTANCE OF WORK BY CONCEPTION COMMUNICATIONS, INC. AND INTRA- COMMUNICATIONS NETWORK FOR THE TELECOMMUNICATIONS AND WIRING CONTRACTS, AND SET 30-DAY RETAINAGE PERIOD (0) ACCEPTANCE OF ANONYMOUS GIFT OF $20,000 FOR FUNDING OF FLOWERS BASKETS PROGRAM FOR 1992 (R) PROPOSED ORDINANCE 2874 AMENDING THE CITY CODE FOR APPROVING PAYMENT OF CLAIMS, DEMANDS AND VOUCHERS (S) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE ONE LASER LEVELER FOR PUBLIC WORKS CONSTRUCTION PROJECTS ($8,000) 2. AUDIENCE 3. PRESENTATION OF RESOLUTION OF COMMENDATION #740 TO BRETT SHIRLEY, FOR HIS CONTRIBUTIONS AS STUDENT REPRESENTATIVE (5 MINUTES) 4. AID CAR BID REVIEW (15 MINUTES) 5. PRESENTATION BY MARY HUGHES OF YEASTING & HUGHES, AND FIRST PUBLIC HEARING ON RECOMMENDED WATER RATE INCREASE (45 MINUTES) 6. HEARING ON PLANNING BOARD RECOMMENDATION FOR AMENDMENTS TO EDMONDS COMMUNITY •DEVELOPMENT CODE CHAPTERS 16.65 - OPEN SPACE, AND 16.80 - PUBLIC USE (APPLICANT: CITY OF EDMONDS/FILE NO. CDC-3-91) (CONTINUED FROM MARCH 2, 1992) (15 MINUTES) 7. CONTINUED COUNCIL DELIBERATION ON PROPOSED ORDINANCE 2875 FOR 1992 FEE ADJUSTMENTS (CONTINUED FROM FEBRUARY 4, 1992 AND MARCH 2, 1992) (30 MINUTES) 8. CONTINUED COUNCIL DISCUSSION ON PAINE FIELD EXPANSION AND PROPOSED RESOLUTION #741 OPPOSING THE PENDING RECOMMENDATION OF THE PUGET SOUND AIR TRANSPORTATION COMMITTEE TO CONVERT PAINE FIELD INTO A COMMERCIAL ROLE AND THE DEVIATION FROM THE 1978-1979 MEDIATED ROLE (CONTINUED FROM FEBRUARY 11, 1992) (15 MINUTES) 9. APPROVAL OF FINDINGS AND FACTS ON APPEAL OF PRELIMINARY ADB DECISION REGARDING A NEW 3- STORY MIXED USE OFFICE / 5-UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPLICANT: ROBERT BUTTERFIELD / APPELLANT: ROBERT DRISCOLL / FILE NO. ADB-107-91 / AP-92-10) (FROM MARCH 2, 1992) (5 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE E THESE MINUTES SUBJECT TO MARCH 24 APPROVAL EDMONDS CITY COUNCIL MINUTES March 17, 1992 The meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura M. Hall at the Library Plaza Room, 650 Main Street. All present joined in the flag salute. PRESENT Laura M. Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Farling, Councilmember Michael W. Hall, Councilmember Bill Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Brett Shirley, Student Representative STAFF Art Housler, Admin. Serv. Dir. Peter Hahn, Comm. Serv. Dir. Rob Chave, Planning Manager Bob Alberts, City Engineer Arvilla Ohlde, Parks & Recreation Mgr. Buzz Buzalsky, Fire Chief Dan Prinz, Police Chief Mike Springer, Asst. Fire Chief Bill Angel, Fire Captain Christine Sidwell, Arts Coordinator Noel Miller, P.W. Supt. Dick Mumma, Building Official Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Mayor Hall called for an Executive Session after Item three regarding a property matter, a legal matter, and a personnel matter. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT _ PALMER, TO ADD THE EXECUTIVE SESSION FOLLOWING ITEM THREE ON THE AGENDA. MOTION CARRIED. CONSENT AGENDA Items (C), (F), (I), (K), and (Q) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. THE APPROVED ITEMS ARE AS FOLLOWS: (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 2, 1992 AND COUNCIL RETREAT MINUTES OF w FEBRUARY 14 AND 15, 1992 (D) ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LAURA BOOTH ($214.81), PEGGY A. DECARLO (APPROX. $150.00), AND JANET M. MORTON ($121.50). (E) APPROVAL OF RESOLUTION #740 COMMENDING BRETT SHIRLEY, STUDENT REPRESENTATIVE (G) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A 318 JOHN DEERE LAWN AND GARDEN TRACTOR OR EQUIVALENT AND AWARD TO AUBURN LAWN AND GARDEN ($5,107.04 INCL. WSST) (H) REPORT ON BIDS OPENED MARCH 2, 1992, FOR A FORD TRACTOR LOADER, MODEL 7410 OR ovill EQUIVALENT AND AWARD TO BRIM TRACTOR ($5,220.75 INCL. WSST) (J) APPROVAL OF FINDINGS OF FACT ON DENIAL OF THE APPLICATION OF DR. SUCHERT TO REZONE APPROXIMATELY 5.26 ACRES LOCATED ON THE SOUTHWEST SIDE OF MAIN STREET, WEST OF FIVE CORNERS INTERSECTION, FROM RS-8 TO RM-2.4 TO ALLOW 86 MULTIPLE -FAMILY UNITS (FILE NOS. R-&M AND CDC 5-88) (FROM FEBRUARY 18, 1992) • (L) PASSAGE OF ORDINANCE 2872 ADOPTING PLANNING BOARD RECOMMENDATION REGARDING A STAFF INITIATED REZONE OF PROPERTY LOCATED AT 19017, 19023 AND 19031 83RD AVENUE WEST FROM PUBLIC USE TO RS-12 TO CORRECT AN ERROR ON THE ZONING MAP (APPLICANT: CITY OF EDMONDS/FILE NO. R-2-91) (FROM MARCH 2, 1992) (M) ACCEPTANCE OF PEDESTRIAN AND UTILITY EASEMENT FROM PHYLLIS H. WIGGINS, 16012 74TH PLACE W. FOR PROPOSED CONSTRUCTION OF NORTH MEADOWDALE ROAD WALKWAY (N) AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH MOUNTLAKE TERRACE ' FOR LAKE BALLINGER MONITORING AND REHABILITATION ($19,292) {`y (0) APPROVAL OF RESOLUTION OF INTENTION 268 SETTING APRIL 7, 1992, AS THE PRELIMINARY ASSESSMENT ROLL HEARING FOR PROPOSED LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SANITARY SEWERS AND IMPROVEMENT OF WATER MAINS IN THE VICINITY OF 218TH ST. S.W. AND 92ND W. Q p {P) FINAL ACCEPTANCE OF WORK BY CONCEPTION COMMUNICATIONS, INC. AND INTRA- COMMUNICATIONS NETWORK FOR THE TELECOMMUNICATIONS AND WIRING CONTRACT, AND SET 30-DAY RETAINAGE PERIOD. Q (R) PASSAGE OF ORDINANCE 2873 AMENDING THE CITY CODE FOR APPROVING PAYMENT OF ` CLAIMS, DEMANDS AND VOUCHERS (S) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE ONE LASER LEVELER FOR PUBLIC WORKS CONSTRUCTION PROJECTS (S8,000) Councilmember Dwyer arrived at 7:04 p.m. APPROVE CLAIMS WARRANTS FROM #920737 TO #921355. FOR THE WEEKS OF MARCH 2. AND MARCH 9, 1992 AND PAYROLL WARRANTS FROM #920821 TO #921106. (Item (C) on the Consent Agenda) Councilmember Petruzzi asked Administrative Services Director Art Housler to clarify entries on Page 37 of the Warrants Register. Mr. Housler explained the entries were made to correct a previously entered incorrect BARS Number. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, ® TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. \ AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH LYNNWOOD FOR PUBLIC ART AT MEADOWDALE PLAYFIELD ($15,000) AND APPOINTMENT OF COUNCILMEMBER MICHAEL W. HALL AS CITY REPRESENTATIVE (Item (F) on Consent Agenda) 1 . Councilmember Petruzzi inquired on the amount budgeted for the acquisition of art. Arvilla Ohlde, Parks and Recreation Manager, said the Arts Commission has $40,000 to be used for public arts projects. Ms. Ohlde said the Arts Commission is asking permission to use $15,000 of the 540,000 at the present time to proceed with the purchase of public art to be displayed at Meadowdale Playfield. Councilmember Dwyer asked where the idea first came from for the venture and inquired on site selection at the playfield and asked how much discretion would the City be giving the Artist. Councilmember Dwyer also inquired on • future maintenance of the public art. Ms. Ohlde said the idea came from the City of Lynnwood, but in cooperation with the City of Edmonds. Ms. Ohlde said the public art would be a very low maintenance item. EDMONDS CITY COUNCIL MINUTES P&ge 2 Mauch 17, 1992 I HEREBY CERTIFY THIS TO BE A TRUE AND • CORRECT COPY OF THE ORIGINAL ON FILE !N MY OFFICE AS PART OF THE OFFICIAL RECORDS OF THE CITY OF EDMONDS. • MHD/srh/klt 03/10/92 CITY CLERK R:03/12/92 RESOLUTION OF INTENT NO. 268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO IMPROVE CERTAIN PROPERTY IN SAID CITY BY CONSTRUCTING SANITARY SEWER MAIN AND WATER MAIN, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS AND ACQUISITION OF REQUIRED RIGHT-OF-WAY AND EASEMENTS, .IF ANY; TO CREATE A LOCAL IMPROVEMENT DISTRICT THEREFORE; TO PROVIDE THAT PAYMENT OF A PORTION OF THE COSTS OF SAID IMPROVEMENTS BE M?'DE EY SPECIAL ASSESSMENTS ON THE PROPERTY IN SAID DISTRICT; AND SETTING A HEARING DATE OF APRIL 7, 1992. WHEREAS, the City of Edmonds desires to form a local improvement district for the purpose of improving sanitary sewer • throughout the District and water service, in a portion thereof; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. It is the intention of the City Council of the City of Edmonds, Washington to improve certain streets and property as hereinafter set forth in the City of Edmonds, Washington by acquisition of necessary right-of-way and easements, if any are needed, constructing sanitary sewer main and water main, and restoring streets and sidewalks where effected, together with all necessary appurtenances and related work necessary to make a complete improvement in accordance with applicable City standards. The routes along which the said sanitary sewer mains will be 0 -1- MHD230.1R/0006.90000 • constructed are as follows: On tract 8 of the plat of Bellin Gardens, on 220th Street S.W. from approximately 200 feet west of 95th Avenue W. to 92nd Avenue W., on 92nd Avenue W. from 200th Street S.W. to approximately 150 feet north of 218th Street S.W. and on 218th Street S.W. from 92nd Avenue W. to 88th Avenue W. The route along which both said sanitary sewer mains and water mains will be constructed is 93rd Place W. from 220th Street S.W. to approximately 550 feet north. Section 2. The City of Edmonds has determined that grants and public funds are not available to assist in the construction costs. All street and utility costs and the costs of the local improvement district shall be paid by the establishment of Local Improvement District No. 213, embracing as near as may be • all the property specially benefited by such improvement and such specially benefited property shall be assessed to pay for the costs as allocated. The estimated boundaries of the District are shown on the attached Exhibit A, incorporated by this reference as if herein set forth. • Section 3. All persons who may desire to object to the improvements herein mentioned are hereby notified to appear at the Council Chambers in City Hall in the City of Edmonds, Washington, at a meeting of said Council on Tuesday, April 7, 1992, at the hour of 7:00 p.m. of said day, or as soon thereafter as the matter may be heard, then and there to present their objection thereto, if any they have. -2- MHD230.1R/0006.90000 • Section 4. The Community Services Director of the City of Edmonds is hereby directed to submit to the City Council at or prior to the day aforesaid the estimated cost and expense of the improvements mentioned in this resolution and a statement of the aggregate valuation of the real estate and improvements thereon within the said proposed improvement district, according to the last valuation placed on it for general taxation, together with a diagram or print showing thereon the lots, tracts or parcels of land or other property which shall be specially benefitted thereby and the estimated amount of the cost and expense of such improvements to be borne by each such lots, tracts, parcel or parcels of land or other property. NOTICE IS HEREBY GIVEN THAT THE ACTUAL ASSESSMENTS FOR THE LOCAL IMPROVEMENT DISTRICT MAY VARY FROM • ASSESSMENT ESTIMATES SO LONG AS THEY DO NOT EXCEED A FIGURE EQUAL TO THE INCREASED TRUE AND FAIR VALUE OF THE IMPROVEMENT, ADDS TO THE PROPERTY. RESOLVED this �7th day of March , 1992. APPROVED: Yv , LAUHALL ATTEST/AUTHENTICATED: C Y CLERK, RH DA J. MARCH FILED WITH THE CITY CLERK: March 12, 1992 PASSED BY THE CITY COUNCIL: "larch 3-7, lq°2 RESOLUTION OF INTF"NTm N?O. 268 • -3- MHD230.lR/0006.90000 EDMONDS CITY COUNCIL AGENDA MEMO Item number: Originator: Robert J. Alberts For Action: x For Information: SUBJECT: STAFF RECOMMENDATION & COUNCIL DELIBERATION ON PRELIM. ASSESS. ROLL FOR PROPOSED LID FOR CONSTRUCTION OF SANITARY SEWERS & IMPROVE. OF WATER MAINS, VICINITY OF 218TH ST. S.W. & 92ND W. & ADOPTION OF ORDINANCE FOR CREATION OF LID NO. 213 (CONT'D FROM HEARING ON 4/7/92) Clearances: Dept./Indiv./Initials ----------------------------------- ----------------------------------- AGENDA TIME: ADMIN SVCS/FINANCE CITY ATTORNEY AGENDA DATE: April 21, 1992 CITY CLERK COMMUNITY SERVICES EXHIBITS ATTACHED: ENGINEERING PARKS & RECREATION Exhibit A - Revised Preliminary PLANNING Assessment Roll PUBLIC WORKS Exhibit B - LID Boundary Map FIRE Exhibit C - Proposed Ordinance PERSONNEL Exhibit D - Sample ltrs (1/13 & 3/4) POLICE Exhibit E - Proposed Improve. Drawing COMMITTEE Exhibit F - Prop. Owner's Response to MAYO Assessment No. 6 COMM S: Exhibit G - Plot Plan - Assess. No. 28 Exhibit H - Agenda Memo 4/7/92 • EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $0 BUDGETED: $0 REQUIRED: $0 HISTORY AND SUMMARY STATEMENT: On April 7, 1992, the Council held a public hearing on the preliminary assessment roll for LID No. 213. The staff had made a recommendation to lower the assessment for No. 6, which is reflected in the new preliminary assessment roll attached. The Council received testimony regarding assessments 3, 6, 28, and the pipeline extension. The owners of properties for assessments 3 and 28 requested a reduction in their number of lots. After further review, staff concurs with assessment 3, but not assessment 28. The new preliminary assessment roll reflects a reduction for assessment 3 due to the fact that the parcel configuration does not make the parcel developable. The parcel for assessment 28 can be developed as shown in Exhibit G. The owner is in disagreement with the assessment. The owner of the parcel for assessment 6 has installed a new water service line and felt the new water line extension would not benefit his property. The issue of the water line extension is to be addressed after the bids are opened. No assessments for the water line have been changed. The record will show assessment 6 objects and the owner is aware this will be discussed in the future. RECOMMENDED ACTION: Council approve the revised preliminary assessment for LID No. 213 and adopt the ordinance forming LID No. 213. COUNCIL ACTION: i 218THLID/TXTAGNDA o cs+ •J w e.r ti d- ryi� 0 0 0 0 0 0 0 0 0 0 0 o m �• v r faC ac r "�H - �a ^Y v m b0 9J 11 •-� w 9C S crt A � N N i m x 7"c Cn N .► r GP [!� r w Oo p0 Q oc N Y U .i ON CL tr U ❑C Oco � N •! O> � � O Y r H w OC SC � - C r to O f0 r VO r co [D N c0 �--• tp H J r �-•� Cn A C] 09 O H H b0 I --I N rw G] O H x r+ r 3E a Oa Od Ob d (Y�'a N ""' O x Ge G7 GS w . y �G w E.. W HE H � Lam] w C.a .. 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C'l y O m b aC H O N H x H N Cla H 4n c^ v a bra 1 H _______--_______-__-_____ I c-a cro a o O \ 11 O O i i e .► O i } o o i i \ O O O �• i .►. i O F O 11 r EE -------------------_.---__-_--___.____--___-___-_-__--______-___-_________________-_-___-_____---___-_--___ O II C'i FY I O tit oe oo Co m m oo Eo oe o0 Cn e�•0 o w 1t � � G.a I n O Cf, y V. Y O O 0 o o O o O O O o O ti f�O C 11 -� Utl i i i i i i i x W W 11 GS 1 b $ w 7n w 1 fl6 _ i i eO i i •^ i i I 1 1 y H w N m >T e � to H Q O Exhibit A (revised) — Page 1 N s � H O N b0 r � bbd b4 CP 1 "O tr p0 V�i r-i y - - H O •--� OO r p T Z •�-i � r N Y n Z z CO .. _ b W O O r� LO bb�n l J OC C"i •-C r Y Od Li O o- w - cn o0 0" a�aomcna `"t'�o-d aw w _N o- ►".. ca _N N N .. mco---�� o�b�ca N - o_ao �-. c-a Ncn� c co iv <c bSV- C'i x b tZ � 4.] Oaf O z oa O W o- "ems VO 00 aC Ci G7 .-t S ]C aC o i Cn �- m GI _ Cn o iC aC S Cf cn O b o b b b o b o m m my v9O- v o cn s z s en _ H va s — <2 x 0 0 0 0 "� s-o-v o � �-• �o _� .ri o .- o H •_,� o 00 0 0 • H o o c m w rn � �o N c o �p •--i H b H C7 .� H z x P co �j c� N •'V O V�d y d m 0 o p HO C" O O O O •Nf V1 O 2 m N S N O.0 Go w CO Co W m m Ce m Ce oa sy tp C C] O O CFl S N H = O � C> H H O o O o W O O Y V+ G7 H Cl) S i T] C C'] OC N M N N H w 7n to <o Co <o 22 + Mr .r to sp �p tp tp �O to CO fr W LO OC � r d i N r' cn a w N r O [o oe H Oa to a� Q C/f w N pC b vC _ O O O o V N O o O >11� N H n1 - a o o O o 0 0 o N o o � 0 o o O e6.. C o o o 0 w o o O 0 o O O N pg � 10 O O fa 89 O 4SV N d r � d m GC fJl m 2 td bq H GEC U ONd I �"b p Y�I S_3 .r A ry b cdi b O x w � cn Y.e ac ewe H Otis o o -a euroc-�� mroc-.woc epa ..haw oC IN-. 0 c27- s II o—o— .cni I 4 •� N v. Oa o � m ti0 !f) C7 Cn Cn G] OC b b p� N j u ro _N 1- - GbV v. m m� c, . o— w w o o m t o� a i p tiA-r o N c0 N s0 ro b �9 Odtl H b m a m G'] O S b0 T OC — ---- !O t-I Oi+C r-r La to G CI M- O O d O >b _ G] Y Y r Y y t u Y Y I 0 0 0 2.1 c a.�. N N coi. �-. ti co.. ca. `''� ,►, .n. ro m p o p e sv- m d e N � b 40 49 bC W W bRt 1 ry cn CA CP s Y s s y s s ac I lff Y oc x ,,,c \ p N N i N r sC N �� N • Ci GS r N \ - b 0 0 0 cx A „�.71 0 o r� y-M � ii oa H N fn n n C'I i ^i O O N Y C fa _� b O 71 I G] OY O_ fl N p6CS Z ►a b ti II o— � c? oe N m y b b V�i H CA Iz. Exhibit N A YIC 1 (revised']-- Page 3 0 0 o Y W o T H b•0 H - bU b b N bd � 1 H � G7 O bd r r O C7 O •-i � c"a C m �f S m w trp bU m C H ^O .-. •.4 �� n c b Vn �� ^ ^ O N H .-•C t0 OC OC •• m d O T pC cn r W bd b4 OC - V I-•� O ram-. N Y � r V J 04 •--lf O � 1� m if O .� r _ O td CJ --t C] rr Cn ^O !� "U OO CJ Cam• W O O L] LO Gi aC O N b0 CJ .i tiJ �-r � T C7 N ? W O ti P�0 bra � o� O o- .- cc • O I-p G] ^O u Y "cl H co S bSl ^d H w�-i T ^O ~ Y 11 N S c ^� Z o Y N r W tiO u r 2 •--� to u N Oc b z S C'] � r .H. _ Y m u S aC O -m-• G"] S CJ d .� m r u S tJ CI'a • aC aC o N II N N �••� m -... I I O m N �. .r W o ,r N b H H N ry N H N b ffl °'O � N Yt-' Ym m c-�m acr NwN NH .-•�—, r-m aC o « --a ma r r r c� mY m m � ? 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(� 0 b m (� b Lki h b J f) J zzz J—� �LLJ o J M 79\ v _ n Q L I I Exhibit B - Page 6 SENT 6Y:0GDEN MURPHY WALLACE 3-31-92 ; 2:16PM ; 2C64470216-+ 2067785322;9 2 EXHIBIT C 0006.090.076 MHD/orh 03/31/92 ORDIN"0 x Na . AN ORDINANCE of THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 213, AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENT; PROVIDING THAT PAYMENT OF THE COSTS OF THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPCN THE PROPERTY IN THE DISTRICT, PAYABLE THROUGH ISSUANCE OF LID BONDS; AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS OR OTHER SHORT TERM OBLIGATIONS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS, on March 17, 1992, tho Edmonds City Council paeaed Resolution of Intont No. 268, resolving tno intent to establish Limited Improvement District No. 213 ("the District"), setting forth the nature and territorial extent of tho propocod improvement, the mode of payment together with related improvemanto more specifically described hereinafter, and WHEREAS, pursuant to said Resolution of Intent No. 268 and after proper notice, the Edmonds City Council held a public hoaxing on April 7, 1992 to hear from persons desirous of objecting to the propocod improvemanta hornin mentioned, WHEREAS, tho Diroctor of Community Sarvicas for trig city of Edmonds cexueed an estimate to be made of tho Cost and oxponca of the proposed improvement and certified that estimate to tho City Council, together with all papera and information in his poscoccion touching the propoaed,Didtriet, and a statement of whist portion of MHD17324610 -1- • 0 Exhibit C - Page 7 SENT BY:OGDEN MURPHY WALLACE ; 8-81-02 ; 2:16PM 2064470215 2067785822;t# 8 • the cost and expense of the improvement should ba borna by tho property within the proposed Diatriot, and WHEREAS, that estimate is accompanied by a diagrrm,of thQ proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property, and WHEREAS, thQ City Council has determined it to be in the boot intQrQata of the City and of thQ ownars of the property within the local improvement district that said improvement petitioned for, as hereinafter described, be carried out and that thQ District be created in connection therewith, NOW, THEREFORE, THE CITY COUNCIL OF ` H2 CITY OF EDMONDS, WA-2KINGTON, DO • ORDAIN AS FOLLOWS; section 1. The City Council of the City of Edmonds, Washington, orders the following improvements of the following described streets and avenues: Acquisition of necessary right. -of -Way and Qaaemants, if any arc needed, conerructing sanitary sewer main and water main, and restoring streets and oidowalks wharQ affected, together with all necessary appurtenances and related work n000aQary to make a complete improvement in accordance with applicable city otandards. The routes along which the said sanitary sewer mains will be constructed are as follows: On tract 8 of the plat of Bellin Gardens, on 220th Street S.W. from approximately 200 feet W*Ot of 95th Avenue W. to 92nd Avenue W., on 92nd Avenue W. from 200 Street S.W. to approximately 150 feet north of 218th Street S.W. and on 218th Street S.W. from 92nd Avenue W. to Bath Avenue W. MHD173 2 4 . 14 • -2- Exhibit C - Page 8 SENT SY:OGDEN MURPHY WALLAGE a 1--62 ; 2:17PM ; 2064470215-- 20E7786222;# 4 The route along which both said sanitary sQWQr mains and water naina will be conotruotad ie • 93rd Place W. from 220th '8traat S.W. to approximately 550 feet north. All of the foregoing shall be in accordance with the plans and specificationft therefor prepared by the City Director of community Services, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. section 2_ There is created and established a local improvement district, to bra called Vocal improvement' District No. 213 of the city of Fdmonds, Washington ("the District"), the boundaries and territorial axtont of which are, more particularly described on Exhibit A, a copy of which is attached hereto and incorporated in full by this raferanoo. Section 3. The total estimated coat and expense of tho improvement is declared to be $545,178.64, The entire cost and expense of the improvement including all labor and materials required to make a complete improvement, all engineering, surveying, inspection, ascertaining ownership of the lots or parcels of land included in the District, and all advertising, mailing and publication of notions, accounting, administrative, printing, legal, interest and other axpensea incidental thereto, shall be borne by and assessed against the property specially benefited by such improvement included in the Dietriet embracing as nearly as practicable all property specially benefited by such improvement. MHD17324.1O -3- 0 Exhibit C - Page 9 SENT BY!CGDEN MURPHY WALLACE : 3-31-02 : 2!17PM 2064470215-+ 2067785322.z 5 • section 4. in accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 213, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser theraof, to bear interest from tha date thereof at a rate to be esatabliahad horeafter by tha City Finance Director, as iaauing officer, ar_d to bQ rQd4emQd in caah and/or by local improvement district bands harain authorized to be .issued, zuch . interest-bQa,ring warrants to bo rafsrrad to hcrcaftor ac "LID Warrants.0 In the alternative, the City hereafter nay provida by ordinance for the iaaumnce of other short-term obli.gatione; pursuant to RCW Chapter 39.50. The City is authorized to issue local improvement district bonds for the District which shall bear interests at a rate, and to be payable on or before a date, to be hereafter fixed by ordinanc4. ThQ bonds shall be isaa4ad In exchange for and/or redemption of any and all LID Currants issued horeundar or other ehort-to= obligations haraaftQr authorized and not radQmmQd in c3aeh within twenty days after expiration of the thirty -day period for the aaeh payment of assessments without interest on the MHD17324.1O -4- 0 Exhibit C - Page 10 SENT 6Y:OGOEN MURPNY WALLACE ; 3-31-92 ; 2:18PM 2064470215- 2067U5322;9 6 aaaaacment roll for the District. The bonds shall bo rodasned by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installmcntn, With interest at a rate to be hereafter fixed by the ordinance authorizing issuance and sale of the bonds. The exact form, amount, date, interest rate and denominations of such bonds shall be hereafter fixed by ordinance of the city council. such bonds shall he sold in such manner ns the city council shall hereafter determine. Section 6. In all case& whoro tha work nocaaaary to bo done in connection with tho making of said improvement io carried out pursuant to contract upon competitive bids, the call for bids shall include a statement that payment for ouch work will be made in cash warrantee drawn upon the Local Improvement Fund. Section 7. There is created and established in the office of the City Finance Director for the District the Local Improvement Fund, District No. 213, into which fund shall be deposited the proceeds from the gala of LID Warrants or other short term obligations drawn against tho fund which may bo icauod and cold by tho City and collections pertaining to assessments, and against which fund shall be issued cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement, and against which fund cash warrants shall be issued in payment for all other items of expense in connection with the improvement. MHD17324.10 • • Exhibit C - Page 11 I ' SENT 5Y;CGDEN MURPHY WALLACE ; 3-31-92 ; 2;18PN ; 2054470215-* 2087785322;Z 7 • DaGtion 8. Within fifteen (15) days of the passage of this ordinance there shall be tiled with the City Finance Director the title of the improvement and District number, a copy of the diagram or print Showing the boundaries of the District and the preliminary a&gQarmQnt roll or abstract of ouch roll showing t-herQon ti:Q lots, tracts and paraals of land that will bo apeaially bonafitad thoroby and tha estimated cost and expense of such improvement to be borne by each lot, tract or paroel of land. Upon said filing, the City Finance Director shall immediately poet the proposed anaesament roll upon his index of local improvement ae8e684ent3 against the properties affected by the local improvement. Section 9. 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. ATTEST/AUTHENTICATED: CITY CLERK, RHONDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: i:17 FILED WITH THE CITY CLERK! MlID17324. 10 -6- 0 APPROVED: MAYOR, LAURA M. HALL Exhibit C - Page 12 j bENT BY:CQDEU MURPHY WALLACE 3-31-a2 ; 2:19PM 2064470216-► 2067785322;;t 8 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. MHD17324.10 0rAm • • • Exhibit C - Wage 13 . SENT 6Y:OGDEN MURPHY WALLACE ; 3-31-012 : 2:1c,PM ; 2054470215-+ 20E7785322:# 9 • 9UK1[ARY OF ORDINANCE NO. of the City of Bdmonde, Washington On the day of , 1992, the City Council of the City of Ednonds, passed Ord 1nance No. A eumrnary of the content of maid ordinance, consimting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 2131 AND ORDERING THE CARRYING OUT OF THE PROPOSEn IMPROVEMENT; PROVIDING THAT PAYMENT OF THE COSTS OF THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE THROUGH ISSUANCE OF LID BONDS; AND PROVIDING FOR THE ISSUANCE FIND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS OR OTHER SHORT TERM OBLIGATIONS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. rcqunat. • The full text of this Ordinance will be mailed upon DATED this day of . 1992. CITY CLERK, RHONDA J. MARCH Exhibit C - Page 14 890-19o�v SAMPLE LETTER CITY OF EDMONDS 250 - 5TH AVE. N.. EDMONDS, WA 98020 • (206) 771.0220 • FAX (206) 771-0221 COMMUNITY SERVICES DEPARTMENT Public Works • Planning . Parks and Recreation . Engineering January 24, 1992 EXHIBIT D Keith L. Jensen 9125 — 220th St. S.W. Edmonds, WA 98020_ LAURA M. HALL MAYOR PETER E. HAHN . DIRECTOR SUBJECT: PROPOSED LOCAL IMPROVEMENT DISTRICT EAST OF 92ND AVE. W. NORTH OF 220TH ST. S.W. Dear Mr. Jensen: According to the records of the Snohomish County Assessor, you aee listed as the owner of property within an area that has petitioned the City of Edmonds to have a Local Improvement District (L.I.D.) formed for construction of sanitary sewers. The Engineering Division would like to invite you to an informational meeting to discuss the L.I.D. process, estimated costs, and ways of apportioning those costs. The meeting will be held in the meeting room at the Public Works building, 200 Dayton St., Edmonds, at 7:00 p.m. on isWednesday, February 5, 1992. This meeting should prove valuable to you, and you are encouraged to attend. If you cannot attend and have questions regarding this proposal, or if you are presently served by public sewers, contact Gordie Hyde, Engineering Coordinator, at 771-0220, extension 325- Sincerely, 'z ROBERT J. ALBERTS, P.E. / City Engineer GCH/RJA/sdt LID220TH.92/TXTST530 • • L1corl,,oruted August 11, 1890 e . Sister Cities International — Hekinan, Japan Exhibit D - Page 15 r. SAMPLE LETTER CITY OF EDMONDS 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 FAX (206) 771-0221 • COMMUNITY SERVICES DEPARTMENT f C p Public Works . Planning • Parks and Recreation • Engineering 8g .19 0 0 EXHIBIT D March 4, 1992 Ms. Canell and Ms. Andrues 9112 - 218th St. S.W. Edmonds, WA 98020 Dear Ms. Canell and Ms. Andrues, LAURA M. HALL MAYOR PETER E. HAHN DIRECTOR Same letter mailed to those highlighted in orange on attached list (3/4/92). SUBJECT: LOT CALCULATIONS FOR PROPOSED L.I.D. 220TH ST./92ND AVE. W. Our records indicate that you are the owner of tax lot number 302704-2-005-0000. Our calculations show a total of 15,460 square feet in your ownership. Using the anticipated method of assessment based upon the number of potentially developed lots, you would be assessed for one (1) lot. If you disagree with this calculation or have information useful for this calculation, please contact me as soon as possible, as this will affect the upcoming preliminary assessment roll. Thank you. Sincerely, ORDON C. HYDE Engineering Coordinator GCH/sdt CANELL/TXTST530 Alberts a 1ncori)oro!(,d August 11, 1390 • Sister Cities International — Hekinan, Japan Exhibit D - Page 16 LT aSaa J I---- � I 6 m j m M '3 AV '4l 99 O V MO I h h -T 1 T - � p\M pI OI O S 3AV 'VISI M 'ld Ltltb9 `—L-r"'-I-- cN 8•bl= dS 06b4- m ^ b ~ M 'ld '4{S " m b o --t—,— I —J M ")d 4199 M 3AV '41L8 �— ,251SL ;. --�— 14 1� 1 alNl"IN �� p v I tU 'S '3AV '4191 Co O tiN h N♦ � 00 ---'- I I �. n N xi Q b b - \ V�1 (1 I M 3AV NM o I � o h m `* t m 41 S ld b1 Q" co 0 (6 9 OM SO N p 'S '3AV '4{ bl q Z uj m0 v — O -- M - - ------ - ------------ ., I h q � � N ^ b n cr � Q b h m p b h A tr ti toui � m q N CIE . � 3 h J Q N _ F N ti 0 A a I I o - ' q II' IIIIIIIi 11111111� -�-z- I"I41 LU 1 1 I• - Z LiJ a -- ai w Z W _ I 1 �.�. cn — LL! d. ccCO \� N d 0- -5 � 1 1' 1 W cc — 1 � LLl 1111111111_ 1 III • • • Exhibit E - Page 17 0 • EXHIBIT F APRIL 1, 1992 Gordon C, Hyde Engineering coordinator Dear Mr. Hyde RECEIVED APR 1 1992 ENGINEERING SUBJECT: DISAPPROVAL OF ESTIMATED COST FOR SEWER AND WATER CONSTRUCTION. We purchased this house in 1988,the major factor in the purchase was that the lot size was oversize.My wife and I felt that the large lot would be great for raising two boys.There are no plans at this time or any time in the future to add another dwelling.The placement of the house will not accept another dwelling any way.In the future we plan to build a work shop in the north west corner of the lot. we are also against the idea of a new water main.The house being built in 1988 we obviously have a very new main with very high pressure.The main comes in from 220th street running north down the 93rd street on the west side next to the gas line. In conclusion, we should be assessed for a single dwelling and no water main needed. Thank you. Sincerely, DONN E. LANGE Lot number 3736-007-0121-0401 Exhibit F - Page 18 S�'T',g,ct G .0 F,eDM 5 E7"BAC�K . - �vC^ UV a�, 8U I L 0 ,,�� 712 ' (� ; pJVELOP� ET�Ac.0 0�1 l � 2 S' ,�=-ZOVV T- FOTov Ti!-}L S�T�3AcK FUTZ./2� LOT" LINE PLOT PLAN ko Z�- 6",emsNAvE ASSESSMENT #28 "' T" 3� n�a VZ7� L.I.D. #213 22'2' Nol-,� - AG L ME7aScJR� '90 `+ O2 N D ,4 YE 1C1. EXHIBIT G • Exhibit G - Page 19 EDMONDS CITY COUNCIL AGENDA MEMO Item number: • • EXHIBIT H Originator: Robert J. Alberts For Action: x For Information: SUBJECT: HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PROPOSED LOCAL IMPROVEMENT DISTRICT�FOR CONSTRUCTION OF SANITARY SEWERS AND IMPROVEMENT OF WATER MAINS, VICINITY OF 218TH ST. S.W. & 92ND W. AGENDA TIME: 40 Minutes AGENDA DATE: April 7, 1992 EXHIBITS ATTACHED: Exhibit A - Prelim. Assess. Roll Exhibit B - LID Boundary Map Exhibit C - Proposed Ordinance Exhibit D - Sample Letters (1/24/92 and 3/4/92) Exhibit E - Proposed Improve. Drawing Exhibit F - Property Owner's Response to Assessment No. 6 Clearances: Dept./Indiv./Initials ----------------------------------- ---------------------------------- ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVIC ENGINEERING PARKS & RECREATION' PLANNING PUBLIC WORKS FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $0 BUDGETED: $0 REQUIRED: $0 HISTORY AND SUMMARY STATEMENT: The City has received two (2) Local Improvement District (LID) petitions for sewers from a portion of the areas recently annexed into the City adjacent to 220th St. S.W. and 218th St. S.W. as shown on Exhibit B. The petitions were combined into one LID project and represent forty-two percent (420) of the total gross land area in the LID and fifty-two percent (520) of the proposed assessments for sewers shown on the Preliminary Assessment Roll (Exhibit A). There are forty-eight (48) owners representing fifty-one (51) parcels. The assessments are based on the potential total developable lots in accordance with the existing City's zoning in the LID area. A parcel large enough for two (2) lots would be assessed for two (2) lots. Parcels which could not be developed to their maximum density were reduced in assessment and are noted on the Preliminary Assessment Roll. Justification for a reduction, for example, would be a parcel developable for three (3) lots but with a portion of the parcel shown on the City's Critical Areas Map, which could restrict development to only two (2) lots. The assessment, in this case, would be based on two (2) lots, not three (3) lots. After receiving the LID petitions, staff held neighborhood meetings with the owners and explained the LID procedure, assessment methods, and estimated cost ranges. A portion of the owners abutting 93rd Ave. W. requested a water pipeline be extended in 93rd Ave. W. and be included in their LID assessments. This is a private road and is shown on Exhibit E. Prior to preparing the Preliminary Assessment Roll, each owner received a letter from the City explaining the number of potential lots calculated for their parcel. Exhibit H - Pace 20 HEARING ON PRELIMINARY ASSESSMENT ROLL April 7, 1992 Page 2 Property owners were requested to respond back if they disagreed with the City's calculation. Based on the calculations and responses from the letters, the • Preliminary Assessment Roll was prepared and mailed to all property owners in the LID. t Since the mailing of the Preliminary Assessment Roll, the City received three (3) objections to the sewer assessments and a concern regarding the water pipeline cost. The owners of Assessment No. 6 has a new home built in the tpiddle of their parcel, making future development into two (2) lots doubtful. Staff would recommend an assessment reduction from two to one in this case. The owner of Assessment No. 51 claims to already being hooked to the City's sewer system to the north of his property. A search of City records shows no approved sewer hookup and a monthly sewer charge being based on not being connected to the City's system. The desired connection for this parcel would be to the sewer pipeline to be installed by the LID. This parcel appears to have no vested rights in being connected to the City's system. Staff would recommend not changing the Preliminary Assessment Roll for this parcel. The owner of Assessment No. 36 has objected to the costs. The City has received no other comments regarding the LID and sewer assessments. The property owners being assessed for the water pipeline extension have expressed a concern over costs. The owners may request financial assistance from the City. The water pipeline extension could be eliminated from the project and Preliminary Assessment Roll. Since the water pipeline only benefits the property owners, staff would not recommend financial assistance. Any changes to the sewer assessments would change the distribution of the preliminary costs. Staff recommends after the public hearing, Council direct staff to amend the Preliminary Assessment Roll with the approved changes and bring back the Preliminary Assessment Roll, along with the ordinance, as a consent item at the next Council meeting. RECOMMENDED ACTION: Council approve the LID and direct staff to bring back the amended Preliminary Assessment Roll and ordinance for final approval with a one lot reduction for Assessment No. 6. COUNCIL ACTION: HEAR218/TXTAGNDA • Exhibit H - Page 21 • • • CERTIFICATE REGARDING PREPAYMENT OF ASSESSMENTS I, ARTHUR J. HOUSLER, Director of Administrative Services of the City of Edmonds, Washington, certify that the amount of assessments collected from Local Improvement District No. 213 are as follows: 30 DAY DISTRICT PERIOD ORIGINAL NO. ENDING ASSESSMENT 213 7/12/93 $424,046.63 AMOUNT PAID WITHOUT INTEREST $83,103.50 DATED this 19th day of August, 1993. UNPAID ASSESSMENTS IN DISTRICT $340,942.94 CITY OF EDMONDS, WASHINGTON 0096428.WP n I • I, RHONDA J. MARCH, City Clerk of the City of Edmonds, Washington, certify that the attached copy of Ordinance No. 2940 is a true and correct copy of the original ordinance passed on the 27th day of July, 1993, as that ordinance appears on the Minute • Book of the City. DATED this 28th day of July, 1993. 0086633.01 • ORDINANCE NO. 2940 AN ORDINANCE RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 213; FIXING THE AMOUNT, FORM, DATE, INTEREST RATES, MATURITY AND DENOMINATIONS OF THE LOCAL IMPROVEMENT DISTRICT NO. 213 BONDS; PROVIDING FOR THE SALE AND DELIVERY THEREOF TO SEATTLE-NORTHWEST SECURITIES CORPORATION IN SEATTLE, WASHINGTON; AND FIXING THE INTEREST RATE ON LOCAL IMPROVEMENT DISTRICT NO. 213 ASSESSMENT INSTALLMENTS. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Authorization and Description of Bonds. The total amount of the assessment roll in Local Improvement District No. 213 in the City of Edmonds, Washington (the "City"), created under Ordinance No. 2878, passed April 21, 1992, was $424,046.63. The 30-day period for making cash payments of assessments without interest in the District expired on July 12, 1993, and the total amount of assessments paid in cash was $83,103.50, leaving a balance of assessments unpaid on the assessment roll in the sum of $340,942.94. Local Improvement District No. 213 Bonds (the "Bonds") shall, therefore, be issued in the total principal sum of $340,942.94. The Bonds shall be dated August 1, 1993, shall mature on August 1, 2005, and shall be numbered from 1 to 68, inclusive, in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the State of Washington located in Seattle, Washington, and New York, New York) deems necessary for the purpose of identification. Bond No. 1 shall be in the denomination of $5,942.94 and Bonds Nos. 2 to 68, inclusive, shall be in the denomination of $5,000.00 each. • Interest shall be computed on the basis of a 360-day year of twelve 0086633.01 30-day months. The Bonds shall bear interest, payable on August 1, 1994, and annually thereafter on each succeeding August 1, in accordance with the following schedule: Bond Numbers Interest (inclusive) Amounts Rates 1 to 9 $45,942.94 3.40% 10 to 17 40,000.00 4.00 18 to 24 35,000.00 4.25 25 to 31 35,000.00 4.50 32 to 38 35,000.00 4.75 39 to 44 30,000.00 5.00 45 to 50 30,000.00 5.15 51 to 56 30,000.00 5.30 57 to 62 30,000.00 5.40 63 to 68 30,000.00 5.50 Section 2. Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by • the Bond Registrar (the "Bond Register"). Such Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. The transfer of a Bond shall be by the Bond Registrar's receiving the Bond to be transferred, cancelling it and issuing a new certificate in the form of the Bonds to the transferee after registering the name and address of the transferee on the Bond Register. The new certificate shall bear the same Bond number as the transferred Bond but may have a different inventory reference number or control number. Any exchange or transfer shall be without cost to the • owner or transferee. The Bond Registrar shall not be obligated to 0096633.01 -2- exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. Section 3. Payment of Bonds. Both principal of and interest on the Bonds shall be payable solely out of the Local Improvement Fund, District No. 213 (the "Bond Fund"), and from the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by check or draft mailed to the registered owners on the interest payment date at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at • the option of the owners. Section 4. Redemption Provisions. The City reserves the • right to redeem the Bonds prior to their stated maturity on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption, whenever there shall be sufficient money in the Bond Fund to pay the Bonds so called and all earlier numbered Bonds over and above the amount required for the payment of the interest on all unpaid Bonds. Bonds may be called and paid from assessment payments only up to and including August 1, 1998, and thereafter may be paid from other money of the City legally available therefor and deposited in the Bond Fund. All Bonds redeemed under this section shall be cancelled. 0086633.01 -3- • Section 5. Notice of Redemption. The city shall cause notice of any intended redemption of Bonds to be given not less than 30 nor more than 45 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to • Seattle -Northwest Securities Corporation at its principal office in Seattle, Washington, or its successor, and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. • Section 6. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. M6633.01 -4- • Section 7. Form and Execution of Bonds. The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and state law, shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This bond is one of the fully registered City of Edmonds, Washington, Local Improvement District No. 213 • Bonds described in the Bond Ordinance. Washington State Fiscal Agency Bond Registrar it Authorized Signer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, 0 when authenticated, issued and delivered, shall be as binding on 0086633.01 -5- the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bond. Section 8. Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, sufficient books for the registration and transfer of the Bonds which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to • serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 2451 establishing a system of registration for the City's bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 9. Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105. 008W3.01 -6- • Section 10. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent arbitrage rebate requirements of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the • Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 11. Designation of Bonds as "Qualified Tax -Exempt Obligations." The City has determined and certifies that (a) the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; (b) the reasonably anticipated amount of • tax-exempt obligations (other than private activity bonds) which 0086633.01 -7- • the City and any entity subordinate to the City (including any entity which the City controls, which derives its authority to issue tax-exempt obligations from the City or which issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bonds are issued will not exceed $10,000,000; and (c) the amount of tax-exempt obligations, including the Bonds, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000. The City designates the Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code. Section 12. Approval of Bond Purchase Contract. Seattle - Northwest Securities Corporation of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper & Shefelman, municipal bond counsel of Seattle, Washington, regarding the Bonds printed on each Bond. Bond counsel shall not be required 0086633.01 -8- to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or used in connection with the Bonds, and bond counsel's opinion shall so state. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser, including without limitation the execution of the Official Statement on behalf of the City, and for the proper application and use of the proceeds of the sale thereof. Section 13. Temporary Bond. Pending the printing, execution and delivery to the purchaser of definitive Bonds, the City may cause to be executed and delivered to the purchaser a single temporary Bond in the total principal amount of the Bonds. The temporary Bond shall bear the same date of issuance, interest rates, principal payment dates and terms and covenants as the definitive Bonds, shall be issued as a fully registered Bond in the name of the purchaser, and otherwise shall be in a form acceptable to the purchaser. The temporary Bond shall be exchanged for definitive Bonds as soon as they are printed, executed and available for delivery. Section 14. Fixing Interest Rate on Assessments. The interest rate on the installments and delinquent payments of the special assessments in Local Improvement District No. 213 is revised and fixed at the rate of 5.90% per annum. 0086633.01 -9- 0 Section 15. Effective Date of Ordinance. This ordinance • shall take effect and be in force from and after its passage and five (5) days following its publication as required by law. PPP ATTEST/AUTHENTICATED; ITY CLERf, R NDA J. APPROVED AS TO FORM: FOSTER PEPPER & SHEFELMAN BOND COUNSEL TO TH CITY By FILED WITH THE CITY CLERK: July 27, 1993 PASSED BY THE CITY COUNCIL: July 27, 1993 PUBLISHED: August 1, 1993 EFFECTIVE DATE: August 6, 1993 ORDINANCE NO. 2940 0086633.01 -10- 04 _ rr 0 I, RHONDA J. MARCH, City Clerk of the City of Edmonds, Washington, certify that the attached copy of City Council Minutes of July 27, 1993, approved in the meeting of August 3, 1993, is a true and correct copy of the original as it appears in the Minute Book of the City. DATED this 18th day of August, 1993. D J.VLARCII, City Clerk of the City of Edmonds, Washington • • EDMONDS CITY COUNCIL APPROVED MINUTES July 27, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR AUGUST 3RD MEETING. The work meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. The meeting was preceded by a flag salute. PRESENT STAFF Laura Hall, Mayor Dave Earling, Council President Steve Dwyer, Councilmember Michael Hall, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember CnNSFNT AnFNnA Paul Mar, Community Srv. Dir Art Housler, Admin. Srv. Dir. Rob Chave, Planning Manager Buzz Buzalsky, Fire Chief Scott Snyder, City Attorney Barb Mehlert, Recorder Items (B) and (D) were removed from the Consent Agenda. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL Lj (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF JULY 19, 1993 AND PAYROLL CLAIM WARRANTS FOR JULY 15, 1993 l� APPROVAL OF MINUTES OF JULY 20, 1993 AND RECONSIDERATION OF JULY 6, 1993 MINUTES (Item (B) on the 5 Consent Agenda PI,Ylt1 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE THE MINUTES OF JULY 6, 1993 WITHOUT RECONSIDERATION. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MINUTES OF JULY 20, 1993 WITH A SPELLING CORRECTION ON PAGE FIVE. MOTION CARRIED with Councilmember Palmer and Councilmember Kasper abstaining as they were not present for the July 20 meeting. AUTHORIZATION TO SIGN CONTRACT WITH INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC) FOR FUND- ING ASSISTANCE FOR ACQUISITION OF BRACKETT'S LANDING SOUTH SITE Councilmember Petruzzi commended Parks and Recreation Director Arvilla Ohlde and her department Jing on the excellent work in securing this funding assistance for acquisition of the Brackett's Land- ing South Site. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR AUTHORIZATION TO SIGN CONTRACT WITH INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC) FOR FUNDING ASSISTANCE FOR ACQUISITION OF BRACKETT'S LANDING SOUTH SITE. MOTION CARRIED. PROPOSED ORDINANCE ISSUING LID NO. 213 EXPANDING THE COMBINED UTILITY SYSTEM Art Housler, Administrative Services Director, said the total amount of the assessment roll in �l Local Improvement District No. 213 , created under ordinance 2878, was $424,046.63. The 30-day period for making cash payments of assessments without interest in the District expired on July ' o2 3 12, 1993, and the total amount of assessments paid in cash was $83,103.50, leaving a balance of assessments unpaid on the assessment roll in the sum of $340,942.94. Mr. Housler referenced a bond issue before the Council for the L.I.D. which finances the remaining $340,942.94. Mr. Housler said the market is very favorable at this point and time, and introduced Dick Ehlers, Vice President of Seattle Northwest Securities, who presented the offer to purchase the bonds and explained the justification for the offer. Mr. Ehlers agreed with Mr. Housler in that the market is very favorable. Mr. Ehlers said the marketing went relatively well for the marketing of the bonds. Mr. Ehlers said this has resulted in a net interest cost or a net borrowing cost of 5.39%, which he said is a strong interest rate for a Local Improvement District. Mr. Ehlers distributed informational materials to the Mayor and Council regarding this offer to purchase. Bob Yeasting, of Yeasting and Associates, who is the City's independent bond advisor, said he has reviewed the pricing and the offer made by Seattle Northwest Securities. Mr. Yeasting distributed informational materials to the Council regarding the offer to purchase. Mr. Yeasting said after reviewing the offer, he believes the rate is very fair and very favorable to the City, and recom- mended the City award sale of the Bond to Seattle Northwest Securities, based on their proposal. Councilmember Kasper asked Mr. Yeasting to explain the difference between the negotiated sale and the direct sale. Mr. Yeasting said the negotiated sale, in which the City has used on several other issues, including this one, is where a firm of underwriters is selected to put the details of the issue together, whereby they then go out and solicit the market and find the level in which they can get orders for the bonds. Mr. Yeasting said the direct sale is to solicit propos- als for the bids. Mr. Yeasting said an issue of the size the City of Edmonds is discussing, is not very attractive for someone to bid on, as it isn't big enough for anyone to reaTly make any money on. Lee Vorhees, of Foster, Pepper & Shefelman, whos is the Bond Council, presented the proposed ordinance issuing LID No. 213 expanding the combined utility system at an interest rate of 5.90 on the assessment installments that are left to be paid on an annual basis. COUNCIL ACTION COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT THE RECOMMENDATION OF LO BOB YEASTING AND APPROVE ORDINANCE 2940, WHICH RELATES TO REFUNDING OF THE BALANCE OF $340,942.94 F L.I.D. 213. MOTION CARRIED. DISCUSSION OF PHASE II SPACE NEEDS Mayor Hall said on March 23, 1993, the Council approved proceeding with Phase II of the Space N Needs Study. On July 8, 1993, the Community Services Committee was given a briefing on the W project and preliminary findings. Mayor Hall said because of the ADA mandates, and the fact that rj the city has outdated facilities, the City needs a new city hall so city employees can better serve the public. Mayor Hall said as the City is in a growth mode, it needs to plan for that growth. "city �i Mayor Hall referenced an anonymous letter whereby it stated that consultants presented Mayor Hall with a plan for a new 3-story" Taj-Mahal city hall". Mayor Hall said she would appreci- ate some identification, as she does not know who the "board of trustees of the ECCC" is. Mayor Hall said taxpayers dollars will be spent wisely. Paul Mar, Community Services Director, said last September, the City and Arai -Jackson entered into an agreement to perform a two phase study for space needs for the City of Edmonds. Mr. Mar said the first phase was to identify the space needs and assess the correct facilities, and Phase II was to develop a Master Plan based on the needs of the future. Mr. Mar said the consultant will present the preliminary results of Phase II of the plan. Mr. Mar said after the presenta- tion, City Council should provide direction on the next step. Mr. Arai said the Steering Committee developed goals in conjunction with Staff and said the goals were pretty straight forward including maintaining a proper civic image that fits with the charac- ter of the City of Edmonds and linkage to the downtown area. Mr. Steven Arai of Arai Jackson, presented enlarged conceptual drawings as a result of Phase II. Mr. Arai illustrated his firm's three recommended conceptions for a new city hall: 1. Concept F.1 (2 stories) with Fire Station, 170 parking spaces, and a 30,000 sf footprint. Total cost of City Hall, parking structure, and fire station would be $18,726.576. 2. Recommended Concept F.1 (3 stories) with Fire Station, 170 Parking spaces, and a 26,000 sf footprint. Total cost of City Hall, Parking structure and fire station would be $18,634.729. 3. Renovation of existing buildings/add new construction, with 170 parking spaces. (renovation not recommended by consultants). Total cost of $18,334.510. In all three recommendations, Mr.' Arai stated the City would need a variance to the height limit, as he says a functional building cannot be built on the site with the current height restric- tions. The concepts considered different heights that impact the lot coverage and available on -site for parking. Next to 6th Avenue, the heights would be approximately 32 feet or 42 feet for all options. It was noted the height restriction in the City of Edmonds is 25'. Council Discussion Councilmember Palmer said as most of the Councilmembers are reviewing this information for the first time, he is curious why one of the Exhibits in the packet (Exhibits) states as a building goal to "follow review and permit process per city code". Councilmember Palmer said his interpre- tation of this means to come up with a plan that meets city code. However, when reviews the recom- mended concepts, none of them are in compliance with code. Mr. Arai said this is true. Councilmem- ber Palmer said the City's lot coverage allows 35% and maximum height is 25 feet and asked Mr. Arai if a structure can be built that falls within the code on the sited parcel. Mr. Arai replied EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 July 27, 1993 • STATE OF WASHINGTON, COUNTY OF SNOHO..MISH, } Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice...,.,.,, Ordinance... No. 2.9.4.0................................ Czty...Q.€....zdwnds ................. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 1, 1993 ..................... ..... ... ..............:................................. I ........... I..................... ......................... ............................... and that d ne paper was regularly distributed to its subscribers duri of s/ai period. ipal er Subscribed and sworn to before me this vv...,,15,t............ o .......&Pu�bUlic'in t............ 19...93 Notary and for the t of Washington, residing at Everett, Sno o� '4A, �OTARk N, v 5.19.9d tip G OF 'NWA 0 Seattle Northwest • SECURITIES CORPORATION 1420 FIFTH AVENUE SUITE 4300 SEATTLE, WASHINGTON 98101 (206)628.2882 July 27, 1993 Honorable Mayor and City Council City of Edmonds 505 Bell Street Edmonds, Washington 98020 Re: City of Edmonds, Washington $340,942.94 Local Improvement District No. 213 Guaranty Fund Bonds Dated: August 1, 1993 Honorable Mayor and City Council: Seattle -Northwest Securities Corporation ("Purchaser") offers to purchase from City of Edmonds ("Seller") all the above -described bonds (the "Bonds"), on the terms and based upon the covenants, representations and warranties set forth below. Appendix A, which is incorporated into this agreement by reference, contains a brief description of the • Bonds, including principal amounts, maturities, interest rates, purchase price, and the proposed date and place of delivery and payment (the "Closing"). Other provisions of this agreement are as follows: Prior to the Closing, Seller will approve a Preliminary Official Statement, and will adopt an ordinance authorizing the Bonds (the 'Bond Ordinance") with such changes as are requested by the Seller and its counsel. The Purchaser is authorized by Seller to use these documents and the information contained in them in connection with the public offering of the Bonds and the Final Official Statement in connection with the sale and delivery of the Bonds. 2. Seller, to the best of its knowledge, represents and covenants to the Purchaser that: (a) It has and will have at the Closing the power and authority to enter into and perform this agreement, to adopt the Bond Ordinance and to deliver and sell the Bonds to the Purchaser; (b) This agreement and the Bonds do not and will not conflict with, or constitute or create a breach or default under, any existing law, regulation, order or agreement to which Seller is subject; (c) No governmental approval or authorization other than the Bond Ordinance which has not been obtained, or will not be obtained prior to closing, is required in connection with the sale of the Bonds to the Purchaser; (d) The Preliminary Official Statement with corrections, if any, noted by the • Seller and its counsel, as of its date and (except as to matters corrected or added in the Final Official Statement) as of the Closing, is accurate and complete in all material respects as of its date to the knowledge and belief of the officers and employees of the Seller, after due review. Honorable Mayor and City Council City of Edmonds July 27, 1993 Page Two (e) The Seller has previously provided the Purchaser with a copy of its Preliminary Official Statement dated July 19, 1993. As of its date, the Preliminary Official Statement has been "deemed final" by the Seller for purposes of S.E.C. Rule 15c2-12(b)(1). (f) The Seller agrees to cooperate with the Purchaser to permit the Purchaser to deliver or cause to be delivered, within seven business days after any final agreement to purchase, offer, or sell the securities and in sufficient time to accompany any confirmation that requests payment from any customer of the Purchaser, copies of a final Official Statement in sufficient quantity to comply with paragraph (bX4) of the Securities and Exchange Commission Rule 15c2-12 and the rules of the Municipal Securities Rulemaking Board. The Purchaser agrees to deliver three copies of the final Official Statement to a nationally recognized municipal securities information repository on the business day on which the final Official Statement is available, and in any event no later than seven business days after the date hereof. 3. The Purchaser shall have the right to cancel the agreement to purchase the Bonds contained herein by notifying the Seller of its election to do so if, after the execution of this Contract of Purchase and prior to the Closing: (a) a decision by a court of the United States or the United States Tax Court shall be rendered, or a ruling or a regulation (final, temporary, or proposed) by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency shall be issued and in the case of any such regulation, published in the Federal Register, or legislation shall have been introduced in, enacted by or favorably reported to either the House of Representatives or the Senate of the United States, with respect to Federal taxation upon interest received on bonds of the type and character of any of the Bonds which, in the reasonable judgment of the Purchaser, materially adversely affects the marketability of the Bonds or their sale by the Purchaser, at the contemplated public offering prices; or (b) the United States shall have become engaged in hostilities which have resulted in declaration of war or national emergency, or other national or international calamity or other event shall have occurred or accelerated to such an extent as, in the reasonable opinion of the Purchaser, to have a materially adverse effect on the marketability of the Bonds; or (c) there shall have occurred a general suspension of trading on the New York Stock Exchange; or (d) a general banking moratorium shall have been declared by United States, New York State or Washington State authorities; or 0 Honorable Mayor and City Council City of Edmonds • July 27, 1993 Page Three (e) legislation shall hereafter be enacted, or actively considered for enactment, with an effective date prior to the date of the delivery of the Bonds, or a decision by a court of the United States shall hereafter be rendered, or a ruling or regulation by the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter shall hereafter be made, the effect of which is that (1) the Bonds are not exempt from the registration, qualification or other requirements of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and then in effect, or (2) The Bond Ordinance is not exempt from the registration, qualification or other requirements of the Trust Indenture Act of 1939, as amended and as then in effect, or (f) a stop order, ruling or regulation by the Securities and Exchange Commission shall hereafter be issued or made, the effect of which is that the issuance, offering or sale of the Bonds, as contemplated herein or in the Final Official Statement, is in violation of any provision of the Securities Act of 1933, as amended and as then in effect, the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then in effect, and which, in its reasonable judgment, adversely affects the marketability of the Bonds or the market price thereof. 4. The Purchaser's obligations hereunder are also subject to the following conditions: (a) At or prior to the Closing Seller will deliver, make available to the Purchaser, or have adopted: (i) The Bonds, in definitive form and duly executed, or a temporary bond; (ii) A certificate from an authorized officer of Seller, in form and substance acceptable to the Seller and the Purchaser, stating that execution of the Certificate shall constitute execution of the Final Official Statement by Seller, that the Final Official Statement attached thereto, to the knowledge and belief of such officers, after due review, does not contain any untrue statement of a material fact or omit any statement or information which is necessary to make the statements therein, in the light of the circumstances under which made, not misleading, and that the representations of the Seller contained in this agreement were true and correct when made and are true and correct as of the Closing; (iii) The approving opinion of Bond Counsel dated the Closing date; Honorable Mayor and City Council City of Edmonds • July 27, 1993 Page Four (iv) The following documents executed by authorized officers of the Seller: (a) A certificate, dated the day of the Closing to the effect that no litigation or other proceedings are pending or threatened in any way affecting the issuance, sale or delivery of, or security for, any of the Bonds. (b) A certificate setting forth the facts, estimates and circumstances in existence on the date of Closing which establish that it is not expected that the proceeds of the Bonds will be used in a manner that could cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of Re the Internal venue Code and any applicable regulations thereunder. (c) Such additional certificates, instruments or opinions or other evidence as the Purchaser may deem reasonably necessary or desirable to evidence the due authorization, execution, authentication and delivery of the Bonds, the truth and accuracy as of the time of the Closing of the Seller's representations and warranties, and the conformity of the Bonds and Bond Ordinance with the terms thereof as summarized in the Official Statement, and to cover such other matters as it reasonably requests. (d) A certified copy of the Bond Ordinance. 5. Seller will pay the cost of preparing, printing and executing the Bonds, the fees and disbursements of Bond Counsel and Financial Advisor, bond registration fees and expenses, the cost of printing and distributing the Preliminary and Final Official Statements, travel and lodging expenses of Seller's employees and representatives, and other expenses of Seller. Purchaser will pay fees and disbursements of Purchaser's counsel, if any, the cost of preparation and filing of blue sky and legal investment surveys where necessary, Purchaser's travel expenses, and other expenses of Purchaser. As a convenience to Seller, Purchaser may from time to time, as Seller's agent, make arrangements for certain items for which Seller is responsible hereunder, such as printing of the Official Statement and travel or lodging arrangements for Seller's representatives. Purchaser also may advance for Seller's account when appropriate the cost of the items for which Seller is responsible by making payments to third -party vendors. In such cases, Seller shall pay such costs or expenses directly, upon submission of appropriate invoices by Purchaser, or promptly reimburse Purchaser in the event Purchaser has advanced such costs or expenses for Seller's account. It is understood that Seller shall be primarily responsible for payment of all such items and that Purchaser may agree to advance the cost of such items from time to time solely as an accommodation to Seller and on the condition that it shall be reimbursed in full by Seller. Honorable Mayor and City Council City of Edmonds July 27, 1993 Page Five 6. This agreement is intended to benefit only the parties hereto, and Seller's representations and warranties shall survive any investigation made by or for the Purchaser, delivery and payment for the Bonds, and the termination of this Purchase Contract. Should the Seller fail to satisfy any of the foregoing conditions or covenants, or if the Purchaser's obligations are terminated for any reasons permitted under this agreement, then neither the Purchaser nor the Seller shall have any further obligations under this Purchase Contract, except that any expenses incurred shall be borne in accordance with Section 5. 7. This offer expires on the date, and at the time, set forth on Appendix A. Respectfully submitted, SEATTLE-NORTHWEST SECURITIE CORPORATION By: Richard E. Ehlers, Vice President • Accepted July 27, 1993 CITY OF EDMONDS, WASHINGTON 0 z APPENDI K A (a) Purchase Price: $334,124.08 ($98.00 per $100), plus accrued interest from the dated date of August 1, 1993 to date of Closing. (b) Denominations: $5,000, or integral multiples thereof, with the exception of Bond No. 1, which will be issued in the denomination of $5,942.94. (c) Form: Fully registered. (d) Interest Payment Dates: August 1, 1994, and annually thereafter on each August 1. (e) Estimated Redemption Schedule: The Bonds shall mature on August 1, 2005 and bear the following interest rates: Interest Bond Announts Rates Numbers $45,942.94 3.40% 1 - 9 40,000.00 4.00 10 - 17 35,000.00 4.25 18 - 24 35,000.00 4.50 25 - 31 35,000.00 4.75 32 - 38 30,000.00 5.00 39 - 44 30,000.00 5.15 45 - 50 30,000.00 5.30 51 - 56 30,000.00 5.40 57 - 62 30,000.00 5.50 63 - 68 (f) Redemption: The Bonds are callable in numerical order at par plus accrued interest to the date of redemption from assessment payments only through August 1, 1998 and thereafter from assessment payments and other City money deposited into the Local Improvement District No. 213 Fund. The Bonds are callable on any interest payment date. (g) Closing Date: With definitive Bonds or a temporary Bond on or about August 18, 1993. (h) Offer Expires: 11:00 p.m., July 27, 1993. (i) Bond Counsel: Foster Pepper & Shefelman. For Information Purposes Only: Net Interest Cost: 5.3994272% PRELIMINARY OFFICIAL STATEMENT DATED JULY 19, 1993 NEW ISSUE NONRATED • In the opinion of Bond Counsel, assuming compliance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended, including arbitrage requirements, interest on the Bonds is excluded from gross income of registered owners for federal income tax purposes under existing federal law and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. However, while interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by certain corporations may be subject to an environmental tax, interest on the Bonds received by certain S corporations may be subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch pro%its tax. Receipt of interest on the Bonds may have other federal tax consequences for certain taxpayers. See the captions "TAX EXENPrtoN," and "cERTmN OTHER FEDERAL rAx coNBEQUENCE& f6 p (n L ET $3409942.94 ° = az CITY OF EDMONDS, WASHINGTON _0 E = LOCAL IMPROVEMENT DISTRICT NO. 213 BONDS 0 E DATED: August 1, 1993 DUE: August 1, 2005 d in The City of Edmonds, Washington Local Improvement District No. 213 Bonds (the "Bonds") are a dated August 1, 1993 and will be issued only as fully registered Bonds in the denomination of $5,000 each except Bond No. 1 which shall be issued in the denomination of $5,942.94. Interest on the o Bonds will be payable on August 1, 1994, and annually each August 1 thereafter. Interest shall be paid by check or draft mailed on the interest payment date to the Registered Owners at the addresses appearing on the Bond Register, maintained by the Bond Registrar (currently The Bank of New York, New York, New York or First Interstate Bank of Washington, N.A., Seattle, Washington), on the fifteenth day of the calendar month preceding each interest payment date. Principal of the c Bonds shall be payable upon their presentation and surrender by the Registered Owners at the W principal corporate trust offices of the Bond Registrar. d Ccd r a The Bonds are callable in numerical order, lowest number first, at par plus accrued interest to the 8 date of redemption from assessment payments only through August 1, 1998 and thereafter from 0assessment payments and other City money deposited into the Local Improvement District No. 213 d 3 Fund. �z The Bonds are callable on any interest payment date. The amount of Bonds to be retired each year Qcan only be estimated. The Bonds may be called earlier or later than the year shown depending on a the accelerated payment of property assessments. cc M Estimated Redemption Schedule cu oS c Estimated Interest Bond d Amounts Redemption Mates Numbers o $45,942.94 August 1, 1994 1 - 9 "t 40,000.00 August 1, 1995 10 - 17 `0 35,000.00 August 1, 1996 18 - 24 n 35,000.00 August 1, 1997 25 - 31 ri 35,000.00 August 1, 1998 32 - 38 f r 30,000.00 August 1, 1999 39 - 44 c 30,000.00 August 1, 2000 45 - 50 30,000.00 August 1, 2001 51 - 56 N 30,000.00 August 1, 2002 57 - 62 30,000.00 August 1, 2003 63 - 68 �W o The City has designated the Bonds as "Qualified Tax -Exempt Obligations" for banks, thrift cc o institutions and other financial institutions. See the caption "TAX EXEMPTION" herein for a 0 discussion of this designation. 0. The Bonds are offered, when, as and if issued and accepted by the Underwriter subject to an n "o approving legal opinion of Foster Pepper & Shefelman, Bond Counsel, of Seattle, Washington, and n a certain other conditions. It is expected that the Bonds in definitive form will be available for r delivery in Seattle, Washington on or about )1993. This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Dated: Seattle -Northwest Securities Corporation • CITY OF EDMONDS ELECTED OFFICIALS Mayor Laura Hall City Council Dave Earling President Steve Dwyer Member Michael Hall Member William Kasper Member John Nordquist Member Jeff Palmer Member Tom Petruzzi Member Appointed Officials Arthur J. Housler Administrative Services Director Paul Mar Community Services Director C.E. Buzalsky Fire Chief Daniel R. Prinz Police Chief Scott Snyder City Attorney Foster Pepper & Shefelman Seattle, Washington Financial Advisor Yeasting & Hughes Associates Seattle, Washington The information set forth herein is not guaranteed as to accuracy or completeness and is not to be construed as a representation by the Underwriter. The information herein is subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City since the date hereof. 0 4 0 • • TABLE OF CONTENTS 0 Description of the Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Redemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Description and Purpose of the LID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 Paymentof Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Security.........................................2 Lien Priority & Foreclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 GuarantyFund . . ... ... ...... ...... ...... ......... ... ... . 3 Guaranty Fund Status . .. ..... .. ...... 3 Impact of State Homestead Exemption Upon Local Improvement District Financing .....3 Financial Information . . . ... .............................. .3 General and Economic Information .. ... ...... ...... ... ...... ... ... . 6 Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Approval of Counsel . ... ... ...... ...... ... ... ... ... ...... ... .13 Tax Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Certain Other Federal Tax Consequences .............................13 Underwriting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 ii OFFICIAL STATEMENT $3409942.94 CITY OF EDMONDS, WASHINGTON LOCAL IMPROVEMENT DISTRICT NO. 213 BONDS The City of Edmonds, Washington (the "City") furnishes this Official Statement in connection with the offering of $340,942.94 amount of Local Improvement District No. 213 Bonds, dated August 1, 1993 (the "Bonds"). DESCRIPTION OF THE BONDS The Bonds are dated August 1, 1993, will bear interest at the rates and mature on the date set forth on the cover page of this Official Statement. The Bonds will be issued as fully registered bonds in denominations of $5,000 each, except Bond No. 1 which shall be issued in the denomination of $5,942.94. Interest will be paid on August 1, 1994, and on each August 1 thereafter by check or draft mailed by the Bond Registrar (currently The Bank of New York or First Interstate Bank of Washington, N.A.) to the persons in whose names the Bonds are registered as of the close of business on the fifteenth day of the calendar month next preceding each interest payment date. The principal of the Bonds is payable in lawful money of the United States of America to the Registered Owners or nominees upon presentation and surrender at either of the principal corporate trust offices of the Washington State Fiscal Agent, currently The Bank of New York and First Interstate Bank of Washington, N.A. • REDEMPTION The Bonds are callable in numerical order, lowest number first, at par plus accrued interest to the date of redemption from assessment payments only through August 1, 1998 and thereafter from assessment payments and other City money deposited into the Local Improvement District No. 213 Fund. Notice of redemption will be given not less than 30 nor more than 45 days prior to the redemption date by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. The cover of this Official Statement contains an estimate of when the Bonds may be redeemed prior to their maturity. This is only an estimate; the Bonds may be called earlier or later than the year shown depending on the actual payment of property assessments. DESCRIPTION AND PURPOSE OF THE LID Funds from the sale of Local Improvement District ("LID") No. 213 Bonds will be used to construct and install sanitary sewers. LID No. 213 was created on April 21, 1992 by Ordinance No. 2878. The service area of LID No. 213 is located on 218th to 220th streets, between 88th and 96th streets. There are 51 parcels within LID No. 213, two of which are access parcels for a net of 49 parcels. The land within LID No. 213 is zoned for single-family residential use (RS-8 zone), with 8,000 square -foot lot sizes. LID No. 213 is 82 percent developed and encompasses 15.4 acres of land. U PAYMENT OF ASSESSMENTS • The first installment of assessment on the assessment roll shall become due and payable during the thirty -day period succeeding the date one year after the date of first publication by the City Treasurer of notice that the assessment roll is in the Treasurer's hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the thirty -day period, interest upon the whole unpaid sum shall be charged at the rate of 1/2 of 1 percent higher than the rate of interest that the Bonds bear, and each year thereafter one of such installments, together with the interest due on the whole of the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty -day period during which the installment is due and payable shall thereupon become delinquent. The collection of such delinquent installments shall be enforced in the manner provided by law. All of such assessments or installments thereof and interest and penalty, if any thereon, when collected by the City Treasurer shall be paid into the Local Improvement District No. 213 Fund of the City of Edmonds and shall be used solely for the purpose of paying the principal and interest on the bonds drawn upon or issued against such fund. SECURITY The Bonds are secured by special assessments levied against properties for the improvements made within Local Improvement District No. 213 and enjoy a lien on the improved and unimproved property superior to mortgages and other encumbrances, subject only to general taxes (see "Impact of State Homestead Exemption Upon Local Improvement District Financing" herein.) The special assessments are payable in ten equal annual installments for Local Improvement District No. 213 together with interest thereon on the unpaid balance at 1/2 of 1 percent higher than the rate of interest which the Bonds bear. At the option of the property owner, assessment payments may be accelerated or paid in full by paying the entire amount of the installments remaining unpaid, with interest thereon to the date of maturity of the installment next falling due. In addition to the pledge of assessments, the Bonds will be issued under the protection of the Local Improvement Guaranty Fund of the City, in accordance with the laws of the State of Washington. RCW 35.54.060 provides that a city can accumulate a local improvement guarantee fund within its annual operating tax levies on all taxable property within a city subject to a maximum annual deposit of 12 percent of the amount of local improvement district and consolidated local improvement district bonds outstanding. Funds for payment of the Bonds may be derived from no source other than the special assessments levied in LID No. 213 and the Local Improvement Guaranty Fund of the City. Registered Owners' remedies against the City are confined to mandating City officials to perform their statutory duties in enforcing such special assessments and applying the proceeds thereof (and Local Improvement Guaranty Fund money if necessary and if available) to the payment of the principal of and interest on the Bonds. LIEN PRIORITY & FORECLOSURE Payment of the principal of and interest on the Bonds is dependent on the ability of property owners within LID No. 213 to pay special assessments on their property. Makeup of any Bond Fund shortages caused by nonpayment of assessments is dependent upon the City's ability to levy and collect taxes for the Guaranty Fund in an amount sufficient to cover delinquent assessments and in pursuing the foreclosure and sale of the property on which delinquencies occur. RCW 35.50.03 provides that if, on the first day of January in any year, two installments of any local improvement district assessment are delinquent, or if the final installment has been delinquent for more than one year, foreclosure shall proceed in the superior court in the county in which the district is located. The foreclosure action shall be commenced on or before March 1st of the year, after 30 days' notice to the owner, by filing a certificate describing the property and date of delinquency and name of the owner with the clerk of the court. A summons is published in the local paper once each week for four weeks, requiring the owner to answer within 60 days. If there is not an answer, a default is declared and the court may enter a judgement of the foreclosure and sell the property. • All foreclosures of local improvement assessments are subject to a two-year right of redemption. To redeem, the redemptioner must pay the purchaser at the foreclosure (or successor in interest) the amount for which the property was sold plus interest and costs of sale. The right of redemption expires two years after the date of the foreclosure sale. THE BONDS ARE NOT OBLIGATIONS OF THE STATE OF WASHINGTON OR ANY OTHER MUNICIPAL CORPORATION, AND NEITHER THE FULL FAITH AND CREDIT OR TAXING POWER OF THE CITY ARE PLEDGED TO THE PAYMENT OF THE BONDS. GUARANTY FUND The statutes provide that for the purpose of maintaining the local improvement guaranty fund, every city shall, at the time of making its annual budget and tax levy, provide for the levy of a sum sufficient, with the other sources of the fund, to pay the warrants issued against the fund during the preceding fiscal year and to establish a balance therein: provided, that the levy in any one year shall not exceed the greater of: (1) twelve percent of the outstanding obligations guaranteed by the fund, or (2) the total amount of delinquent assessments and interest accumulated on the delinquent assessments before the levy as of September 1. The taxes levied for the maintenance of the local improvement guaranty fund shall be additional to and, if need be, in excess of all statutory and charter limitations applicable to tax levies in any city or town. GUARANTY FUND STATUS As of May 31, 1993, the balance in the City's Local Improvement District Guaranty Fund was $305,995.67. The City had total outstanding Local Improvement District bonds of $174,413.28 and no Local Improvement District Notes outstanding as of May 31, 1993. Chapter 6.12 of the Revised Code of Washington ("RCW') permits any head of a family to protect a certain portion of the homestead (residence) from forced sale. On January 4, 1982, the Court of Appeals of the State of Washington, Division I, filed its decision in Slit f Al i t al., wherein it announced that the filing for a homestead exemption before a scheduled foreclosure sale of residential property valued at $25,000 or less effectively exempted that property from a forced sale to enforce delinquent special assessments in a special benefit assessment district such as a local improvement district or utility local improvement district. Subsequently, by legislation, Chapter 442, Laws of 1987, the homestead exemption in RCW 6.13.030 of $25,000 was raised to $30,000. The County Assessor's records show that none of the properties located within Local Improvement District No. 213 have a 1993 assessed value of $30,000 or less, however, assessed values do not necessarily represent either the fair market value or forced sale price of such property, and those values could change over the life of the assessment roll installment collection period. FINANCIAL INFORMATION LID 213 Assessment Roll $ 424,046.44 Prepayments (83,103,50) Balance $ 340,942.94 Assessed Valuation $ 5,418,940.00 Ratio of Assessed Value to Assessment Roll 12.78 to 1 Ratio of Assessed Valuation to Balance 15.89 to 1 Number of Properties 49 Average Assessment Per Parcel $ 8,654.01 bi I_ I I M'ld'4It, i N -j t fi- o . M Id 41S " OS 30A /1 //199d I I o I M and 4199 N I N I I ON " 'S 3AV '4191 I S 3AV 4191 M I • Zj S ld 4I t, N c _� rD ` (6G9SJ Of70M.9SOL Q s 3AV 41b1 N c �o — 3 Vf 0 N rq■■a ■ 'M IAV 4t6b 0 • CTa9va-sHn 'M 'aid u188 • vi N I I L 1 � � I G � I � L I Cl C6 co cTv I cn ' o I N , N I ' I 'M *GAV PUZ6 i �.______==____.� (912npd) 'M 'any Pj£6 N �- i I- M �c o 0 C 0 N1. C-4 - 0) ti. .�+ -"' � ccl a m (0) a W c a> m 'M 'and 4196 d 4) 0 4 r c _ � 5 M •anb' UJ96 c _ GENERAL AND ECONOMIC INFORMATION • Located in southwest Snohomish County (the "County"), the City of Edmonds had a 1993 estimated population of 30,970. It is the second largest city in the County. Historical population is shown in the following table for both the City and the County. Historical Population Snohomish County the City Edmonds and of Snohomish Year County Edmonds 1993 507,900 30,970 1992 494,300 30,750 1991 484,000 30,850 1990* 465,642 30,744 1980* 337,720 27,679 1970* 265,236 23,998 * Source: U.S. Census Source: Washington State Office of Financial Management According to the 1990 U.S. Census, the City of Edmonds had the following characteristics as compared with Snohomish County and Washington State: Median Median Per Median Home Median Family Capita A99 Value Rent Income Income City of Edmonds 38.3 $160,100 $476 $48,440 $20,868 Snohomish County 32.2 127,200 467 41,092 15,769 Washington State 33.1 93,400 383 36,795 14,923 Source: 1990 U.S. Census The economy of the City is based primarily on retail and service activity, health care and waterfront activity. Located about four miles north of the City of Seattle, the City is primarily an upper -middle income residential community, with extensive waterfront and water view residential property. Edmonds offers a variety of recreational attractions, shopping areas, and ferry service to the Mtsap Peninsula. Ferry service to Kingston on the Mtsap Peninsula is provided from the Washington State ferrrry terminal located in the City. The Edmonds/Mngston ferry run, which began service in 1923, transported 1,892,836 passengers and 1,847,463 vehicles in 1992, up nearly six percent from the previous year. The waterfront area of the City includes a public fishing pier, as well as an underwater park. A 950- foot long fishing pier, which is located just south of the ferry terminal, includes benches, lighting, bait and cleaning areas, and is open year round, 24 hours a day. Fishing derbies are held at the pier throughout the year. Edmonds Underwater Park, the oldest of its kind on the West Coast, is located just north of the ferry terminal. The 32-acre park was dedicated as a marine preserve in 1971, and today offers divers a number of underwater structures and a wide variety of fish and plant life to explore. Other visitor attractions include the City of Edmonds Museum, the Driftwood Theater, several parks and the waterfront beaches and marinas. Amtrak has a train station in Edmonds. The Port of Edmonds charter fishing fleet is comprised of 20 independently owned boats which operate year-round and together employ about 50 people. With 10,000 customers annually, the 40 economic impact of this industry each year is estimated at over one million dollars. The local charter fishing fleet is the third largest in the state. The Port operates a marina with moorage for 1,000 boats. • The City's business district, located just east of the waterfront, offers residents and visitors a variety of traditional shops and restaurants. Old Milltown is a unique shopping area with a historical theme which offers a variety of specialty shops, restaurants, and an antique mall. The Harbor Square shopping area offers shops, an athletic club and a hotel. Other shopping areas in the city include Firdale Village, Westgate, and the Five Corners area. Edmonds Community College employs 500 full-time equivalent people and has an average enrollment of 8,500. Stevens Memorial Hospital, which opened in 1964, is located within the City. The hospital is a full service facility licensed for 283 beds and employs 1,250 people. The City itself employs 308 people, including part-time workers, and the Edmonds School District, which recently relocated its headquarters from the City of Lynnwood to a location in the City, employs 2,807 people. Following are some of the larger new projects which are planned or under construction with in the City: • Stevens Memorial Hospital is planning to construct a 105,500 square foot, $36 million five - story expansion project, which will include a new women's health care center and a new surgical unit. Construction of the project is expected to begin in November 1993, with completion estimated by January 1995. • The Harbor Square Athletic Club completed its new 3.5-acre tennis facility in the City in the spring of 1993. • Remodeling of a four -building site is beginning for the new Stevens Professional Center which is owned by Edmonds Associates. The project is estimated to cost over $1 million and is expected to be complete in the spring of 1994. • A 100,000 square -foot Top Foods supermarket was completed in August 1992 and currently employs 195 people. • An auto dealership, Nelson Motors, located within the City in May 1992. • Edmonds Professional Medical completed a project in the City in January 1992. The project • included the remodelling of an existing 15,380 square -foot YMCA and constructing a new two-story building with 26,640 square feet. mish Coun Until the mid-1960s, the Snohomish County economy was primarily dependent upon the wood products processing industry. Forestry and wood products manufacturing are still important locally• however, diversification into new major industries including aircraft production, electronics ana electrical equipment manufacturing has expanded the economic base of the County. The Boeing Company ("Boeing"), the world's largest commercial aircraft manufacturer, established an airplane manufacturing plant just south of the City of Everett in 1966. In 1980, the plant was expanded for production of the new generation 767 twin jet. Located adjacent to the Snohomish County Airport (Paine Field), the complex includes one of the world's largest buildings with a volume of 291 million cubic feet. Boeing is undertaking a major expansion project at the Everett plant which will take place over the next 10 years. The expansion project is estimated to cost approximately $1.4 billion and to expand the current facilities by about 5.6 million square feet. Currently, over 30,000 people are employed at the Everett facility in the production of 777, 767 and 747 jetliners, and throughout Washington State Boeing has about 93,800 employees. Everett is the assembly site for the new Boeing 777, a program which is expected to employ approximately 10,000 workers when it is at full capacity. Approximately 1,000 people are employed by Boeing in nearby Lynnwood (included in 30,000 figure above). Boeing expects to maintain employment at the Everett facilities at its current level over the next few years, given its expansion project, and the production cutbacks described in the following paragraph. Construction of 800,000 square feet of space in two office buildings, as part of the company's expansion project, was recently complete and houses 6,000 employees, primarily engineering and administrative staff. On January 26, 1993, Boeing announced that it would decrease commercial aircraft production (the 737, 747, 757, and 767 models) by about 35% over the next 18 months. The reduction is due to the financial problems of many of the world's airlines, which is resulting in deferred deliveries of aircraft and fewer new orders. On February 18, 1993, Boeing released information on its planned reduction in employment as a result of decreased production. Boeing expects to reduce company -wide employment levels by 23,000 in 1993 and by 5,000 in 1994. Boeing's Puget Sound facilities are 7 projected to incur a reduction of 15,000 in 1993 and 4,000 in 1994. Boeing estimates that 5,000 of • the 15,000 reduction will occur through attrition, the remainder through layoffs. The majority of the layoffs are expected to occur in the summer and fall of 1993 as the production cuts take effect. Due to the increase in staff at facilities in Everett required for the 777 production, however, significant economic impacts of Boeing's decrease in production of other aircraft produced locally or within the region are not anticipated in Snohomish County. As of July 13, 1993, Boeing had the following orders for aircraft assembled in Everett: Firm Orders Deliveries Aircraft o Date to Date 767 669 500 747 1,187 980 777 130 0 Total 1,986 1,480 Another major employer in the aircraft industry is Tramco, Inc. which employs 1,700 people in the refurbishing and overhauling of aircraft. Owned by B.F. Goodrich, Tramco is undertaking an $81 million, 660,000 square -foot expansion project, and expects to employ between 2,500 and 3,000 by the year 2000. Paine Field, the Snohomish County Airport, has 1,238 acres zoned for industrial use. Owned and operated by the County Paine Field has 415 aircraft based there. In 1992, there were 183,384 operations at the field w1iich includes Boeing test flights, private aircraft, two fixed -base operations and corporate aircraft flights. The Port of Everett (the "Port"), a major deep -water port on Puget Sound, is an important element in the County's economy. The Port's operations include nine deep -water piers, three steel warehouses and the second largest marina on the west coast, with 2,200 moorage slips. A commercial village with shops and restaurants is also part of the marina, which has become an important local tourist attraction. The Port recently approved an agreement with Boeing to handle the containerized fuselage components which will be arriving for production of Boeing s new 777 airplane. The Port also opened a new 39,000 square -foot fruit warehouse in the fall of 1992, which is twice the size of the former facility. The Port sold the former facility to the U.S. Navy for development of the home port. In 1984, the U.S. Navy announced its intention to base the USS Nimitz and several support ships in Everett and to construct a Navy "home port" for these ships and their crews. The support ships which are expected to come to Everett include two guided missile cruisers, four destroyers, two friggates and other reserve and service craft. Construction of the home port site in Everett began in 1988. The first ships are anticipated to arrive as soon as the fall of 1993 with the remainder scheduled to arrive over the following several years. If the project is completed as currently scheduled, approximately 7,433 military personnel and 1,098 civilians would be brought to the Everett area in the mid -to -late 1990s as a result of the project. Approximately 11,335 direct and indirect new jobs are expected to be created in the greater Everett area as a result of the project. Preliminary assessments indicate that about 19,830 new residents will live in the County by the mid-1990s as a result of the base, requiring as many as 6,695 new dwelling units to house them. Additionally, the closure of the Sand Point Navy Base in Seattle in 1994 will result in the transfer of about 1,000 active military and 200 civilian personnel to the Everett base. About $90 million has been appropriated for this transfer, which will include construction of some support buildings elsewhere in the County. To date, the U.S. Government has funded $337 million or 75 percent of the total $455 million Everett home port project. About 55 percent ($249 million) of the amount of funding appropriated for the project has been obligated through contracts. The Defense Base Closure and Realignment Commission submitted its final list of recommended closures and realignments to the President in late June, 1993, which was approved by the President in early July. A decision is expected to be made by Congress as to whether or not to approve the base closure list approved by the President within 45 days. Although considered on an earlier list of potential base closures, the Everett home port project was not included in the final list of recommended closures to the President and Congress. 0 Among the County's major employers are utilities. The County's third largest employer, General Telephone Utilities, employs 2,267 people throughout the County, and Snohomish County Public Utility District has 950 employees. Education is another major employer with the Everett School District employing 1,550, Edmonds School District with 1,846 employees, Mukilteo School District with 1,125, Edmonds Community College employing 600, and Everett Community College employing 664. Health care is a major industry within the County's services sector. Providence Hospital employs 1,200, Everett General Hospital Medical Center employs 1,275 and Stevens Memorial Hospital in Edmonds employs 1,100. The government sector's two largest employers locally are the County with 2,070 employees and the City of Everett with approximately 1,180 employees, including part-time workers. Transportation is another important aspect of the County's economy. In addition to the port activity, the area is served by east -west and north -south rail service, including Burlington Northern for freight and Amtrak for passenger service. Two interstate highways serve the area. I-5, going north - south is the main connection to Seattle and Tacoma and I-405 connects to Bellevue and other communities east of Seattle. Seven air fields within the County handle private and chartered aircraft. The nearest major commercial airport is Seattle -Tacoma International Airport, 55 miles south of Everett. Greyhound Bus Lines, Metro Transit based in Seattle, Everett Transit and Community Transit all provide bus transportation to the County residents. In addition, two Washington State ferry docks are located in the County for commuters to the Olympic Peninsula (from Edmonds) and Whidbey Island (from Mukilteo). A "technology corridor" has developed between Bothell in north King County and southwest Everett. Based on a private sector marketing concept, this corridor includes over 18 million square feet of buildable commercial space in campus -like business parks along a 10-mile, 2,000-acre area. To date, over five million square feet of space have been built in the corridor. Some of the major companies with facilities in the corridor include the Boeing Company, General Telephone, Hewlett-Packard, Alliant Techsystems (formerly Honeywell), Microsoft, the Seattle Times, John Fluke, Immunex, Intermec, and ELDEC. According to corridor developers, new and prospective employers along the technology corridor have generated 34,000 new jobs to date. The corridor includes seven major business centers. The Koll North Creek complex and the Quadrant Business Park - Bothell are located in King County while the Canyon Park Business Center, Harbor Pointe, Seaway Center, Quadrant I-5 Business Center and Quadrant Monte Villa Center are all in the County. The Seaway Center Industrial Park is located in the southwest portion of the City of Everett. There are 300 acres of land within the park, with several hundred thousand square feet of developable space. The Seaway Center Business Park is a 68-acre site, which is also being developed as a businesslindustrial area. The largest tenant at the park is Intermec, a manufacturer of bar code reading equipment and related software. Intermec has a $21.7 million, 312,000 square -foot office and manufacturing facility which employs about 850 people. Commercial trade is a major contributor to the County's economy. The Everett Mall was originally built in 1974. Since that time, the mall has been expanded and remodelled to include four anchor stores, 128 shops and 15 restaurants. There are 700,000 square feet of leasable space at the Everett Mall. Alderwood Mall, one of the Northwest's largest retail centers, is located in Lynnwood. The mall has 135 shops and five department stores located on 77.6 acres, encompassing 960,699 square feet of space. Between 3,000 and 5,000 people are employed at Alderwood Mall, depending upon the season. There are 12 additional malls and mini -malls located in the vicinity of the Alderwood Mall in Lynnwood, together covering nearly two million square feet of retail space. Wood products processing remains an important industry in the County today. Among the local major employers in this industry are Scott Paper Company with 1,334 employees. Scott's Everett facility is a pulp and paper production center. Lumber processing and the production of finished wood products also contribute to the area's wood products industry. 0 N Following are economic indicators for the City and Snohomish County. City of Edmonds Building Permits Number of Xear Permits Valuation 1992 63 $17,532,192 1991 62 17,072,311 1990 99 22,684,842 1989 153 32,817,347 1988 107 22,744,989 1987 127 14,608,068 * Includes new construction only Source: City of Edmonds Building Department Snohomish County Personal and per Capita Income Total Xear Income (000) 1991 $9,411,300 1990 8,798,600 1989 7,837,900 1988 6,967,900 1987 6,318,400 1986 5,835,900 Source: U.S. Bureau of Economic Development Per Capita Income $19,510 18,648 17,481 16,179 15,415 14,843 Passengers and Vehicles Edmonds/Kingston Ferry YM Edmonds-Kineston Passeneers Vehicles* 1992 1,892,836 1,847,463 1991 1,800,196 1,746,487 1990 1,717,666 1,645,605 1989 1,591,287 1,521,698 1988 1,581,644 1,471,866 1987 1,492,264 1,358,185 1986 1,341,023 1,190,560 * Vehicle count includes both the driver and the vehicle Source: Washington State Department of Transportation, Marine Division 17J r: is 10 C] City of Edmonds Assessed Valuation Collection Year Assessed Value 1993 $2,129,941,386 1992 2,112,026,610 1991 1,395,828,817 1990 1,346,423,639 1989 1,320,036,321 Source: Snohomish County Assessor City of Edmonds Major Taxpayers Company Paul C. Stephanus Union Oil Co. Investments No. 2 GTE Northwest Ohiocubco Inc. Unicare Homes Inc. • K Mart (#4208) Shurgard of Edmonds Group Clinic R & D Eastern Investment Corp. Edmonds Associates Forester House Source: Snohomish County Assessor Business Apartments Oil tank farm Apartments Telephone utility Supermarket (Top Foods) Convalescent center (Madison House) Retail store Mini storage Medical office Retail store(Burlington Coat Factory) Medical office Apartments Collection Year 1993 Assessed Value $12,837,800 6,354,940 5,862,600 5,513,094 5,057,700 Taxable Retail Sales Snohomish City of Year County Edmonds 1992 $5,214,861,700 $268,402,100 1991 4,620,157,700 251,205,800 1990 4,394,360,300 249,127,400 1989 4,065,797,700 221,942,200 1988 3,380,800,200 179,882,600 1987 3,021,766,400 171,059,700 1986 2,681,614,000 165,210,000 1985 2,359,624,700 147,748,900 1984 2,244,663,000 147,521,156 1983 2,166,970,819 140,093,114 1982 1,935,217,710 123,264,670 0 Source: Washington State Department of Revenue 4,950,500 4,700,500 4,639,400 4,114,000 3,983,100 3,884,100 3,563,600 11 Snohomish County Labor Force and Employment and Nonagricultural Wage and Salary Workers Annual Average 1992* 1991 194 Civilian Labor Force 261,600 253,500 236,900 232,700 Total Employment 244,500 240,100 227,600 221,400 Total Unemployment 17,100 13,400 9,300 11,300 Percent of Labor Force 6.5% 5.3% 3.9% 4.9% Total Nonagricultural Wage & Salary Workers 175,600 170,900 169,400 158,000 Manufacturing 50,000 50,300 51,600 50,600 Durable Goods 43,800 44,100 45,800 45,200 Lumber & Wood Products 2,900 3,000 3,400 3,400 Stone, Clay & Glass Products 900 900 900 900 Industrial Machinery & Equipment 1,800 1,900 1,900 1,600 Electronic & Other Electric Equipment 1,000 1,000 1,300 1,000 Transportation Equipment 29,800 29,500 30,000 30,000 Aircraft & Parts 28,600 28,200 28,500 28,300 Other Transportation Equipment 1,200 1,300 1,500 1,700 Instruments & Related Products 5,100 5,200 5,400 5,700 Other Durable Goods 2,300 2,600 3,000 2,700 Nondurable Goods 6,200 6,200 5,800 5,400 Food & Kindred Products 1,200 1,400 1,200 1,100 Printing & Publishing 1,900 1,900 1,900 1,700 Other Nondurable Goods 1,600 1,200 1,000 2,500 Mining & Quarrying 200 200 200 200 Construction 12,000 11,200 12,000 9,900 Transportation, Communication & Public Utilities 6,500 6,400 6,300 6,100 Wholesale & Retail Trade 40,100 39,300 38,800 35,900 Finance, Insurance & Real Estate 7,900 7,300 6,700 6,500 . Services 34,000 32,300 31,000 27,500 Government 25,000 23,900 22,600 21,300 Federal 1,400 1,400 1,600 1,400 State 4,000 4,000 3,900 3,600 Local 19,600 18,500 17,200 16,300 Workers in Labor -Management Disputes 0 0 0 200 * Preliminary Source: Washington State Employment Security Department • 12 LITIGATION There is no litigation pending questioning the validity of the Bonds or the power and authority of the City to issue the Bonds. APPROVAL OF COUNSEL Legal matters incident to the authorization, issuance and sale of Bonds by the City are subject to the approving legal opinion of Foster Pepper & Shefelman, Bond Counsel. A copy of the opinion of Bond Counsel will be printed on the Bonds. Bond Counsel will be compensated only upon the issuance and sale of the Bonds. Bond Counsel has not been retained to review and has not reviewed this Official Statement for completeness or accuracy and will not offer an opinion concerning this Official Statement. TAX EXEMPTION Exclusion from Gross Income. In the opinion of Bond Counsel, assuming compliance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended (the "Code'', including arbitrage requirements under Section 148 of the Code, interest on the Bonds is excluded from gross income of registered owners for federal income tax purposes under existing federal law and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. Corporate Alternative Minimum Tax. While interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, under Section 55 of the Code, tax-exempt interest, including interest on the Bonds, received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations (as defined for federal income tax purposes). Under the • Code, alternative minimum taxable income of a corporation will be increased by 75 percent of the excess of the corporation's adjusted current earnings (including any tax-exempt interest) over the corporation's alternative minimum taxable income determined without regard to such increase. A corporation's alternative minimum taxable income, so computed, that is in excess of an exemption of $40,000, which exemption will be reduced (but not below zero) by 25 percent of the amount by which the corporation's alternative minimum taxable income exceeds $150,000, is then subject to a 20 percent minimum tax. Corporate Environmental Tax. Section 59A of the Code imposes for tax years beginning on or before January 1, 1996, an environmental tax of 0.12 percent ($1.20 per $1,000) on the amount of a corporation's alternative minimum taxable income (increased for certain book income and adjusted current earnings, including any tax-exempt interest) that exceeds $2,000,000. Tax on Certain Passive Investment Income of S Corporations. Under Section 1375 of the Code, certain excess net passive investment income, including interest on the Bonds, received by an S corporation (a corporation treated as a partnership for most federal tax purposes) that has Subchapter C earnings and profits at the close of the taxable year may be subject to federal income taxation at the highest rate applicable to corporations if more than 25 percent of the gross receipts of such S corporation is passive investment income. Foreign Branch Profits Tax. Interest on the Bonds may be subject to the foreign branch profits tax imposed by Section 884 of the Code when the Bonds are owned by, and effectively connected with a trade or business of, a United States branch of a foreign corporation. ERTAIN_OTHER FEDERAL TAX CONSEOUENCES Bonds "Qualified Tax -Exempt Obligations" for Financial Institutions. Section 265 of the Code provides that 100 percent of any interest expense • incurred by banks and other financial institutions for interest allocable to tax-exempt obligations acquired after August 7, 1986, will be disallowed as a tax deduction. However, if the tax-exempt obligations are obligations other than private activity bonds, are issued by a governmental unit that, together with all entities subordinate to it, does not reasonably anticipate issuing more than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) in 13 the current calendar year, and are designated by the governmental unit as "qualified tax-exempt obligations," only 20 percent of any interest expense deduction allocable to those obligations will be disallowed. The City is a governmental unit that, together with all subordinate entities, reasonably anticipates issuing less than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) during the current calendar year, and has designated the Bonds as "qualified tax-exempt obligations" for purposes of the 80 percent financial institution interest expense deduction. Therefore, only 20 percent of the interest expense deduction of a financial institution allocable to the Bonds will be disallowed for federal income tax purposes. Reductioni r Pronerty andInsurance m n' Under Section 832 of the Code, interest on the Bonds received by property and casualty insurance companies will reduce tax deductions for loss reserves otherwise available to such companies by an amount equal to 15 percent of tax-exempt interest received during the taxable year. Effect on Certain Social Security and Retirement Benefits. Section 86 of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take receipts or accruals of interest on the Bonds into account in determining gross income. Other Possible Federal Tax Consequences. Receipt of interest on the Bonds may have other federal tax consequences as to which prospective purchasers of the Bonds may wish to consult their own tax advisors. UNDERWRITING The Bonds are being purchased by Seattle -Northwest Securities Corporation acting as the Underwriter. The purchase contract provides that the Underwriter will purchase all of the Bonds, if any are purchased, at a price of percent of the par value of the Bonds, plus accrued interest. The Bonds will be reoffered at an average price of percent of the par value of the Bonds. After . the initial public offering, the public offering prices may be varied from time to time. 14 NEW ISSUE NONRATED In the opinion of Bond Counsel, assuming compliance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended, including arbitrage requirements, interest on the Bonds is excluded from gross income of registered owners for federal income tax purposes under existing federal law and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. However, while interest on the Bonds also is not an item of tax preference forpurposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by certain corporations may be subject to an environmental tax, interest on the Bonds received by certain S corporations may be subject to tax and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. Receipt of interest on the Bonds may have other federal tax consequences for certain taxpayers. See the captions "TAX EXEMFTION,"and "CERTAIN OTHER FEDERAL TAX CONSEQUENCES " $340,942.94 CITY OF EDMONDS. WASHINGTON LOCAL IMPROVEMENT DISTRICT NO. 213 BONDS DATED: August 1, 1993 DUE: August 1, 2005 The City of Edmonds, Washington Local Improvement District No. 213 Bonds (the "Bonds") are dated August 1, 1993 and will be issued only as fully registered Bonds in the denomination of $5,000 each, except Bond No. 1 which shall be issued in the denomination of $5,942.94. Interest on the Bonds will be payable on August 1, 1994, and annually each August 1 thereafter. Interest shall be paid by check or draft mailed on the interest payment date to the Registered Owners at the addresses appearing on the Bond Register, maintained by the Bond Registrar (currently The Bank of New York, New York, New York or First Interstate Bank of Washington, N.A., Seattle, Washington), on the fifteenth day of the calendar month preceding each interest payment date. Principal of the Bonds shall be payable upon their presentation and surrender by the Registered Owners at the principal corporate trust offices of the Bond Registrar. The Bonds are callable in numerical order, lowest number first, at par plus accrued interest to the date of redemption from assessment payments only through August 1, 1998 and thereafter from assessment payments and other City money deposited into the Local Improvement District No. 213 • Fund. The Bonds are callable on any interest payment date. The amount of Bonds to be retired each year can only be estimated. The Bonds may be called earlier or later than the year shown depending on the accelerated payment of property assessments. Estimated Redemption Schedule Estimated Interest Bond Amounts Redemption Rates Price Numbers $45,942.94 August 1, 1994 3.40% 100 1 - 9 40,000.00 August 1, 1995 4.00 100 10 - 17 35,000.00 August 1, 1996 4.25 100 18 - 24 35,000.00 August 1, 1997 4.50 100 25 - 31 35,000.00 August 1, 1998 4.75 100 32 - 38 30,000.00 August 1, 1999 5.00 100 39 - 44 30,000.00 August 1, 2000 5.15 100 45 - 50 30,000.00 August 1, 2001 5.30 100 51 - 56 30,000.00 August 1, 2002 5.40 100 57 - 62 30,000.00 August 1, 2003 5.50 100 63 - 68 The City has designated the Bonds as "Qualified Tax -Exempt Obligations" for banks, thrift institutions and other financial institutions. See the caption "TAX EXEMPTION" herein for a discussion of this designation. The Bonds are offered, when, as and if issued and accepted by the Underwriter subject to an approving legal opinion of Foster Pepper & Shefelman, Bond Counsel, of Seattle, Washington, and certain other conditions. It is expected that the Bonds in definitive form will be available for delivery in Seattle, Washington on or about August 18, 1993. • This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Dated: July 27, 1993 Seattle -Northwest Securities Corporation • CITY OF EDMONDS ELECTED OFFICIALS Mayor Laura Hall City Council Dave Earling President Steve Dwyer Member Michael Hall Member William Kasper Member John Nordquist Member Jeff Palmer Member Tom Petruzzi Member Appointed Officials • Arthur J. Housler Administrative Services Director Paul Mar Community Services Director C.E. Buzalsky Fire Chief Daniel R. Prinz Police Chief Scott Snyder City Attorney Foster Pepper & Shefelman Seattle, Washington Financial Advisor Yeasting & Hughes Associates Seattle, Washington The information set forth herein is not guaranteed as to accuracy or completeness and is not to be construed as a representation by the Underwriter. The information herein is subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City since the date hereof. 0 • TABLE OF CONTENTS Page Description of the Bonds , ,,,,,,,,,, , ,,, , , , , , , , , , , , , , , , , , , , , , , , , 1 Redemption . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Description and Purpose of the LID , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,1 Paymentof Assessments , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 2 Security...........................................2 Lien Priority & Foreclosure , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 2 GuarantyFund ................ ... ... ... ......... ... .... 3 Guaranty Fund Status . .. ..... .. ...... 3 Impact of State Homestead Exemption Upon Local Improvement District Financing .....3 Financial Information . , , , , , , , , , , , , , , ,3 General and Economic Information ........ ...... ... ... ... ... ...... . 6 Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Approval of Counsel ,,,,,,,,, , ,,, , , , , , , , , , , , , , , , , , , , , , , , , , , , ,13 Tax Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Certain Other Federal Tax Consequences . . . . . . . . . . . . . . . . . . . .13 Underwriting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 11 0 OFFICIAL STATEMENT $3409942.94 CITY OF EDMONDS, WASHINGTON LOCAL IMPROVEMENT DISTRICT NO. 213 BONDS The City of Edmonds, Washington (the "City") furnishes this Official Statement in connection with the offering of $340,942.94 amount of Local Improvement District No. 213 Bonds, dated August 1, 1993 (the "Bonds"). DESCRIPTION OF THE BONDS The Bonds are dated August 1, 1993, will bear interest at the rates and mature on the date set forth on the cover page of this Official Statement. The Bonds will be issued as fully registered bonds in denominations of $5,000 each, except Bond No. 1 which shall be issued in the denomination of $5,942.94. Interest will be paid on August 1, 1994, and on each August 1 thereafter by check or draft mailed by the Bond Registrar (currently The Bank of New York or First Interstate Bank of Washington, N.A.) to the persons in whose names the Bonds are registered as of the close of business on the fifteenth day of the calendar month next preceding each interest payment date. The principal of the Bonds is payable in lawful money of the United States of America to the Registered Owners or nominees upon presentation and surrender at either of the principal corporate trust offices of the Washington State Fiscal Agent, currently The Bank of New York and First Interstate Bank of Washington, N.A. 0 REDEMPTION The Bonds are callable in numerical order, lowest number first, at par plus accrued interest to the date of redemption from assessment payments only through August 1, 1998 and thereafter from assessment payments and other City money deposited into the Local Improvement District No. 213 Fund. Notice of redemption will be given not less than 30 nor more than 45 days prior to the redemption date by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. The cover of this Official Statement contains an estimate of when the Bonds may be redeemed prior to their maturity. This is only an estimate; the Bonds may be called earlier or later than the year shown depending on the actual payment of property assessments. DESCRIPTION AND PURPOSE OF THE LID Funds from the sale of Local Improvement District ("LID") No. 213 Bonds will be used to construct and install sanitary sewers. LID No. 213 was created on April 21, 1992 by Ordinance No. 2878. The service area of LID No. 213 is located on 218th to 220th streets, between 88th and 96th streets. There are 51 parcels within LID No. 213, two of which are access parcels for a net of 49 parcels. The land within LID No. 213 is zoned for single-family residential use (RS-8 zone), with 8,000 square -foot lot sizes. LID No. 213 is 82 percent developed and encompasses 15.4 acres of land. 0 PAYMENT OF ASSESSMENTS • The first installment of assessment on the assessment roll shall become due and payable during the thirty -day period succeeding the date one year after the date of first publication by the City Treasurer of notice that the assessment roll is in the Treasurer's hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the thirty -day period, interest upon the whole unpaid sum shall be charged at the rate of 1/2 of 1 percent higher than the rate of interest that the Bonds bear, and each year thereafter one of such installments, together with the interest due on the whole of the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty -day period during which the installment is due and payable shall thereupon become delinquent. The collection of such delinquent installments shall be enforced in the manner provided by law. All of such assessments or installments thereof and interest and penalty, if any thereon, when collected by the City Treasurer shall be paid into the Local Improvement District No. 213 Fund of the City of Edmonds and shall be used solely for the purpose of paying the principal and interest on the bonds drawn upon or issued against such fund. SECURITY The Bonds are secured by special assessments levied against properties for the improvements made within Local Improvement District No. 213 and enjoy a lien on the improved and unimproved property superior to mortgages and other encumbrances, subject only to general taxes (see "Impact of State Homestead Exemption Upon Local Improvement District Financing" herein.) The special assessments are payable in ten equal annual installments for Local Improvement District No. 213 together with interest thereon on the unpaid balance at 1/2 of 1 percent higher than the rate of interest which the Bonds bear. At the option of the property owner, assessment payments may be accelerated or paid in full by paying the entire amount of the installments remaining unpaid, with interest thereon to the date of maturity of the installment next falling due. • In addition to the pledge of assessments, the Bonds will be issued under the protection of the Local Improvement Guaranty Fund of the City, in accordance with the laws of the State of Washington. RCW 35.54.060 provides that a city can accumulate a local improvement guarantee fund within its annual operating tax levies on all taxable property within a city subject to a maximum annual deposit of 12 percent of the amount of local improvement district and consolidated local improvement district bonds outstanding. Funds for payment of the Bonds may be derived from no source other than the special assessments levied in LID No. 213 and the Local Improvement Guaranty Fund of the City. Registered Owners' remedies against the City are confined to mandating City officials to perform their statutory duties in enforcing such special assessments and applying the proceeds thereof (and Local Improvement Guaranty Fund money if necessary and if available) to the payment of the principal of and interest on the Bonds. LIEN PRIORITY & FORECLOSURE Payment of the principal of and interest on the Bonds is dependent on the ability of property owners within LID No. 213 to pay special assessments on their property. Makeup of any Bond Fund shortages caused by nonpayment of assessments is dependent upon the City's ability to levy and collect taxes for the Guaranty Fund in an amount sufficient to cover delinquent assessments and in pursuing the foreclosure and sale of the property on which delinquencies occur. RCW 35.50.03 provides that if, on the first day of January in any year, two installments of any local improvement district assessment are delinquent, or if the final installment has been delinquent for more than one year, foreclosure shall proceed in the superior court in the county in which the district is located. The foreclosure action shall be commenced on or before March 1st of the year, after 30 days' notice to the owner, by filing a certificate describing the property and date of delinquency and name of the owner with the clerk of the court. A summons is published in the local paper once each week for four weeks, requiring the owner to answer within 60 days. If there is not an answer, a default is declared and the court may enter a judgement of the foreclosure and sell the property. All foreclosures of local improvement assessments are subject to a two-year right of redemption. To redeem, the redemptioner must pay the purchaser at the foreclosure (or successor in interest) the amount for which the property was sold plus interest and costs of sale. The right of redemption expires two years after the date of the foreclosure sale. THE BONDS ARE NOT OBLIGATIONS OF THE STATE OF WASHINGTON OR ANY OTHER MUNICIPAL CORPORATION, AND NEITHER THE FULL FAITH AND CREDIT OR TAXING POWER OF THE CITY ARE PLEDGED TO THE PAYMENT OF THE BONDS. GUARANTY FUND The statutes provide that for the purpose of maintaining the local improvement guaranty fund, every city shall, at the time of making its annual budget and tax levy, provide for the levy of a sum sufficient, with the other sources of the fund, to pay the warrants issued against the fund during the preceding fiscal year and to establish a balance therein: provided, that the levy in any one year shall not exceed the greater of: (1) twelve percent of the outstanding obligations guaranteed by the fund, or (2) the total amount of delinquent assessments and interest accumulated on the delinquent assessments before the levy as of September 1. The taxes levied for the maintenance of the local improvement guaranty fund shall be additional to and, if need be, in excess of all statutory and charter limitations applicable to tax levies in any city or town. GUARANTY FUND STATUS As of May 31, 1993, the balance in the City's Local Improvement District Guaranty Fund was $305,995.67. The City had total outstanding Local Improvement District bonds of $174,413.28 and no Local Improvement District Notes outstanding as of May 31, 1993. • IMPACT OF STATE HOMESTEAD EXEMPTION UPON LOCAL IMPROVEMENT DISTRICT FINANCING Chapter 6.12 of the Revised Code of Washington ("RCW") permits any head of a family to protect a certain portion of the homestead (residence) from forced sale. On January 4, 1982, the Court of Appeals of the State of Washington, Division I, filed its decision in City of Algona v. Sharp, et_ al., wherein it announced that the filing for a homestead exemption before a scheduled foreclosure sale of residential property valued at $25,000 or less effectively exempted that property from a forced sale to enforce delinquent special assessments in a special benefit assessment district such as a local improvement district or utility local improvement district. Subsequently, by legislation, Chapter 442, Laws of 1987, the homestead exemption in RCW 6.13.030 of $25,000 was raised to $30,000. The County Assessor's records show that none of the properties located within Local Improvement District No. 213 have a 1993 assessed value of $30,000 or less, however, assessed values do not necessarily represent either the fair market value or forced sale price of such property, and those values could change over the life of the assessment roll installment collection period. FINANCIAL INFORMATION LID 213 Assessment Roll $ 424,046.44 Prepayments (83,103.50) Balance $ 340,942.94 Assessed Valuation $ 5,418,940.00 Ratio of Assessed Value to Assessment Roll 12.78 to 1 • Ratio of Assessed Valuation to Balance 15.89 to 1 Number of Properties 49 Average Assessment Per Parcel $ 8,654.01 Kl • � O 7 �oo5 4 M "Id UIS I (!/91 n 'M-3AV' U148 OOD' S3MOX� n S 3AV I i I I t " y�� I •Z�r S 3AV 4i;l I x r p — 3 M S -ld ul bl c y LS vi Q � (6o95'J ot7o�3s0 S 3AV 4; t,I L�U/ Vi nl a r� � rti w I+ cI I oI° `° alo 1 I Y1 Q M 3AV 14188 'M '3AV U�SB I £ T Z°.VcT — S HX3 M 'GAV 4j88 cri YHYIMLWYuuw4�W �MHHW '�"�' YYWYYYYH I T IN _ c -o I C] ai N I = Cl) I O N N I- YwYYYY.YW�Yr I I 'M 'any PUZ6 CD r- CO I= (a;BNad) 'M •and PJ£6 r = a M a== ■�■ �. N r: r- CO ^ r: O ' � � M I' i. N NL I• N C) i L ''-' I ' ,(D r ca � 3 = U e N. tD m V 0 LLI • 4) 4) 4> 4) 4) 'M 'and 4I56 U U U U U I _ 'M any 4196 _ GENERAL AND ECONOMIC INFORMATION i Located in southwest Snohomish County (the "County"), the City of Edmonds had a 1993 estimated population of 30,970. It is the second largest city in the County. Historical population is shown in the following table for both the City and the County. Historical Population Snohomish County the City Edmonds and of Snohomish Year County Edmonds 1993 507,900 30,970 1992 494,300 30,750 1991 484,000 30,850 1990* 465,642 30,744 1980* 337,720 27,679 1970* 265,236 23,998 * Source: U.S. Census Source: Washington State Office of Financial Management According to the 1990 U.S. Census, the City of Edmonds had the following characteristics as compared with Snohomish County and Washington State: Median Median Per Median Home Median Family Capita Age Value Rent Income Incom City of Edmonds 38.3 $160,100 $476 $48,440 $20,868 Snohomish County 32.2 127,200 467 41,092 15,769 • Washington State 33.1 93,400 383 36,795 14,923 Source: 1990 U.S. Census The economy of the City is based primarily on retail and service activity, health care and waterfront activity. Located about four miles north of the City of Seattle, the City is primarily an upper -middle income residential community, with extensive waterfront and water view residential property. Edmonds offers a variety of recreational attractions, shopping areas, and ferry service to the Kitsap Peninsula. Ferry service to Kingston on the Kitsap Peninsula is provided from the Washington State ferry terminal located in the City. The Edmonds/Kingston ferry run, which began service in 1923, transported 1,892,836 passengers and 1,847,463 vehicles in 1992, up nearly six percent from the previous year. The waterfront area of the City includes a public fishing pier, as well as an underwater park. A 950- foot long fishing pier, which is located just south of the ferry terminal, includes benches, lighting, bait and cleaning areas, and is open year round, 24 hours a day. Fishing derbies are held at the pier throughout the year. Edmonds Underwater Park, the oldest of its kind on the West Coast, is located just north of the ferry terminal. The 32-acre park was dedicated as a marine preserve in 1971, and today offers divers a number of underwater structures and a wide variety of fish and plant life to explore. Other visitor attractions include the City of Edmonds Museum, the Driftwood Theater, several parks and the waterfront beaches and marinas. Amtrak has a train station in Edmonds. The Port of Edmonds charter fishing fleet is comprised of 20 independently owned boats which operate year-round and together employ about 50 people. With 10,000 customers annually, the economic impact of this industry each year is estimated at over one million dollars. The local charter fishing fleet is the third largest in the state. The Port operates a marina with moorage for 1,000 boats. • The City's business district, located just east of the waterfront, offers residents and visitors a variety of traditional shops and restaurants. Old Milltown is a unique shopping area with a historical theme which offers a variety of specialty shops, restaurants, and an antique mall. The Harbor Square shopping area offers shops, an athletic club and a hotel. Other shopping areas in the city include Firdale Village, Westgate, and the Five Corners area. Edmonds Community College employs 500 full-time equivalent people and has an average enrollment of 8,500. Stevens Memorial Hospital, which opened in 1964, is located within the City. The hospital is a full service facility licensed for 283 beds and employs 1,250 people. The City itself employs 308 people, including part-time workers, and the Edmonds School District, which recently relocated its headquarters from the City of Lynnwood to a location in the City, employs 2,807 people. Following are some of the larger new projects which are planned or under construction with in the City: • Stevens Memorial Hospital is planning to construct a 105,500 square foot, $36 million five - story expansion project, which will include a new women's health care center and a new surgical unit. Construction of the project is expected to begin in November 1993, with completion estimated by January 1995. • The Harbor Square Athletic Club completed its new 3.5-acre tennis facility in the City in the spring of 1993. • Remodeling of a four -building site is beginning for the new Stevens Professional Center which is owned by Edmonds Associates. The project is estimated to cost over $1 million and is expected to be complete in the spring of 1994. • A 100,000 square -foot Top Foods supermarket was completed in August 1992 and currently employs 195 people. • An auto dealership, Nelson Motors, located within the City in May 1992. • Edmonds Professional Medical completed a project in the City in January 1992. The project • included the remodelling of an existing 15,380 square -foot YMCA and constructing a new two-story building with 26,640 square feet. Snohomish County Until the mid-1960s, the Snohomish County economy was primarily dependent upon the wood products processing industry. Forestry and wood products manufacturing are still important locally; however, diversification into new major industries including aircraft production, electronics and electrical equipment manufacturing has expanded the economic base of the County. The Boeing Company ("Boeing"), the world's largest commercial aircraft manufacturer, established an airplane manufacturing plant just south of the City of Everett in 1966. In 1980, the plant was expanded for production of the new generation 767 twin jet. Located adjacent to the Snohomish County Airport (Paine Field), the complex includes one of the world's largest buildings with a volume of 291 million cubic feet. Boeing is undertaking a major expansion project at the Everett plant which will take place over the next 10 years. The expansion project is estimated to cost approximately $1.4 billion and to expand the current facilities by about 5.6 million square feet. Currently, over 30,000 people are employed at the Everett facility in the production of 777, 767 and 747 jetliners, and throughout Washington State Boeing has about 93,800 employees. Everett is the assembly site for the new Boeing 777, a program which is expected to employ approximately 10,000 workers when it is at full capacity. Approximately 1,000 people are employed by Boeing in nearby Lynnwood (included in 30,000 figure above). Boeing expects to maintain employment at the Everett facilities at its current level over the next few years, given its expansion project, and the production cutbacks described in the following paragraph. Construction of 800,000 square feet of space in two office buildings, as part of the company's expansion project, was recently complete and houses 6,000 employees, primarily engineering and administrative staff. On January 26, 1993, Boeing announced that it would decrease commercial aircraft production (the 737, 747, 757, and 767 models) by about 35% over the next 18 months. The reduction is due to the • financial problems of many of the world's airlines, which is resulting in deferred deliveries of aircraft and fewer new orders. On February 18, 1993, Boeing released information on its planned reduction in employment as a result of decreased production. Boeing expects to reduce company -wide employment levels by 23,000 in 1993 and by 5,000 in 1994. Boeing's Puget Sound facilities are 7 projected to incur a reduction of 15,000 in 1993 and 4,000 in 1994. Boeing estimates that 5,000 of the 15,000 reduction will occur through attrition, the remainder through layoffs. The majority of the layoffs are expected to occur in the summer and fall of 1993 as the production cuts take effect. Due to the increase in staff' at facilities in Everett required for the 777 production, however, significant economic impacts of Boeing's decrease in production of other aircraft produced locally or within the region are not anticipated in Snohomish County. As of July 13, 1993, Boeing had the following orders for aircraft assembled in Everett: Firm Orders Deliveries Aircraft to Date to Date 767 669 500 747 1,187 980 777 130 0 Total 1,986 1,480 Another major employer in the aircraft industry is Tramco, Inc. which employs 1,700 people in the refurbishing and overhauling of aircraft. Owned by B.F. Goodrich, Tramco is undertaking an $81 million, 660,000 square -foot expansion project, and expects to employ between 2,500 and 3,000 by the year 2000. Paine Field, the Snohomish County Airport, has 1,238 acres zoned for industrial use. Owned and operated by the County, Paine Field has 415 aircraft based there. In 1992, there were 183,384 operations at the field which includes Boeing test flights, private aircraft, two fixed -base operations and corporate aircraft flights. The Port of Everett (the "Port"), a major deep -water port on Puget Sound, is an important element in the County's economy. The Port's operations include nine deep -water piers, three steel warehouses and the second largest marina on the west coast, with 2,200 moorage slips. A commercial village with shops and restaurants is also part of the marina, which has become an important local tourist attraction. The Port recently approved an agreement with Boeing to handle the containerized fuselage components which will be arriving for production of Boeing s new 777 airplane. The Port also opened a new 39,000 square -foot fruit warehouse in the fall of 1992, which is twice the size of the former facility. The Port sold the former facility to the U.S. Navy for development of the home port. In 1984, the U.S. Navy announced its intention to base the USS Nimitz and several support ships in Everett and to construct a Navy "home port" for these ships and their crews. The support ships which are expected to come to Everett include two guided missile cruisers, four destroyers, two friggates and other reserve and service craft. Construction of the home port site in Everett began in 1988. The first ships are anticipated to arrive as soon as the fall of 1993 with the remainder scheduled to arrive over the following several years. If the project is completed as currently scheduled, approximately 7,433 military personnel and 1,098 civilians would be brought to the Everett area in the mid -to -late 1990s as a result of the project. Approximately 11,335 direct and indirect new jobs are expected to be created in the greater Everett area as a result of the project. Preliminary assessments indicate that about 19,830 new residents will live in the County by the mid-1990s as a result of the base, requiring as many as 6,695 new dwelling units to house them. Additionally, the closure of the Sand Point Navy Base in Seattle in 1994 will result in the transfer of about 1,000 active military and 200 civilian personnel to the Everett base. About $90 million has been appropriated for this transfer, which will include construction of some support buildings elsewhere in the County. To date, the U.S. Government has funded $337 million or 75 percent of the total $455 million Everett home port project. About 55 percent ($249 million) of the amount of funding appropriated for the project has been obligated through contracts. The Defense Base Closure and Realignment Commission submitted its final list of recommended closures and realignments to the President in late June, 1993, which was approved by the President in early July. A decision is expected to be made by Congress as to whether or not to approve the base closure list approved by the President within 45 days. Although considered on an earlier list of potential base closures, the Everett home port project was not included in the final list of recommended closures to the President and Congress. • W Among the County's major employers are utilities. The County's third largest employer, General Telephone Utilities, employs 2,267 people throughout the County, and Snohomish County Public Utility District has 950 employees. Education is another major employer with the Everett School District employing 1,550, Edmonds School District with 1,846 employees, Mukilteo School District with 1,125, Edmonds Community College employing 600, and Everett Community College employing 664. Health care is a major industry within the County's services sector. Providence Hospital employs 1,200, Everett General Hospital Medical Center employs 1,275 and Stevens Memorial Hospital in Edmonds employs 1,100. The government sector's two largest employers locally are the County with 2,070 employees and the City of Everett with approximately 1,180 employees, including part-time workers. Transportation is another important aspect of the County's economy. In addition to the port activity, the area is served by east -west and north -south rail service, including Burlington Northern for freight and Amtrak for passenger service. Two interstate highways serve the area. I-5, going north - south is the main connection to Seattle and Tacoma and I-405 connects to Bellevue and other communities east of Seattle. Seven air fields within the County handle private and chartered aircraft. The nearest major commercial airport is Seattle -Tacoma International Airport, 55 miles south of Everett. Greyhound Bus Lines, Metro Transit based in Seattle, Everett Transit and Community Transit all provide bus transportation to the County residents. In addition, two Washington State ferry docks are located in the County for commuters to the Olympic Peninsula (from Edmonds) and Whidbey Island (from Mukilteo). A "technology corridor" has developed between Bothell in north King County and southwest Everett. Based on a private sector marketing concept, this corridor includes over 18 million square feet of buildable commercial space in campus -like business parks along a 10-mile, 2,000-acre area. To date, over five million square feet of space have been built in the corridor. Some of the major companies with facilities in the corridor include the Boeing Company, General Telephone, Hewlett-Packard, Alliant Techsystems (formerly Honeywell), Microsoft, the Seattle Times, John Fluke, Immunex, Intermec, and ELDEC. According to corridor developers, new and prospective employers along the • technology corridor have generated 34,000 new jobs to date. The corridor includes seven major business centers. The Koll North Creek complex and the Quadrant Business Park - Bothell are located in King County while the Canyon Park Business Center, Harbor Pointe, Seaway Center, Quadrant I-5 Business Center and Quadrant Monte Villa Center are all in the County. • The Seaway Center Industrial Park is located in the southwest portion of the City of Everett. There are 300 acres of land within the park, with several hundred thousand square feet of developable space. The Seaway Center Business Park is a 68-acre site, which is also being developed as a business/industrial area. The largest tenant at the park is Intermec, a manufacturer of bar code reading equipment and related software. Intermec has a $21.7 million, 312,000 square -foot office and manufacturing facility which employs about 850 people. Commercial trade is a major contributor to the County's economy. The Everett Mall was originally built in 1974. Since that time, the mall has been expanded and remodelled to include four anchor stores, 128 shops and 15 restaurants. There are 700,000 square feet of leasable space at the Everett Mall. Alderwood Mall, one of the Northwest's largest retail centers, is located in Lynnwood. The mall has 135 shops and five department stores located on 77.6 acres, encompassing 960,699 square feet of space. Between 3,000 and 5,000 people are employed at Alderwood Mall, depending upon the season. There are 12 additional malls and mini -malls located in the vicinity of the Alderwood Mall in Lynnwood, together covering nearly two million square feet of retail space. Wood products processing remains an important industry in the County today. Among the local major employers in this industry are Scott Paper Company with 1,334 employees. Scott's Everett facility is a pulp and paper production center. Lumber processing and the production of finished wood products also contribute to the area's wood products industry. w] Following are economic indicators for the City and Snohomish County. City of Edmonds Building Permits Number of Year Permits Valuation 1992 63 $17,532,192 1991 62 17,072,311 1990 99 22,684,842 1989 153 32,817,347 1988 107 22,744,989 1987 127 14,608,068 * Includes new construction only Source: City of Edmonds Building Department Snohomish County Personal and per Capita Income Total Per Year Income (000) Capita Income 1991 $9,411,300 $19,510 1990 8,798,600 18,648 1989 7,837,900 17,481 1988 6,967,900 16,179 1987 6,318,400 15,415 1986 5,835,900 14,843 Source: U.S. Bureau of Economic Development Passengers and Vehicles Edmonds/Kingston Ferry Edmonds -Kingston Year Passengers Vehicles* 1992 1,892,836 1,847,463 1991 1,800,196 1,746,487 1990 1,717,666 1,645,605 1989 1,591,287 1,521,698 1988 1,581,644 1,471,866 1987 1,492,264 1,358,185 1986 1,341,023 1,190,560 * Vehicle count includes both the driver and the vehicle Source: Washington State Department of Transportation, Marine Division 1] • • 10 • City of Edmonds Assessed Valuation Collection Year Assessed Value 1993 $2,129,941,386 1992 2,112,026,610 1991 1,395,828,817 1990 1,346,423,639 1989 1,320,036,321 Source: Snohomish County Assessor City of Edmonds Major Taxpayers Company Paul C. Stephanus Union Oil Co. Investments No. 2 GTE Northwest Ohiocubco Inc. Unicare Homes Inc. K-Mart (#4208) Shurgard of Edmonds Group Clinic R & D Eastern Investment Corp. Edmonds Associates Forester House Source: Snohomish County Assessor Business Apartments Oil tank farm Apartments Telephone utility Supermarket (Top Foods) Convalescent center (Madison House) Retail store Mini storage Medical office Retail store(Burlington Coat Factory) Medical office Apartments Collection Year 1993 Assessed Value $12,837,800 6,354,940 5,862,600 5,513,094 5,057,700 Taxable Retail Sales Snohomish City of Year County Edmonds 1992 $5,214,861,700 $268,402,100 1991 4,620,157,700 251,205,800 1990 4,394,360,300 249,127,400 1989 4,065,797,700 221,942,200 1988 3,380,800,200 179,882,600 1987 3,021,766,400 171,059,700 1986 2,681,614,000 165,210,000 1985 2,359,624,700 147,748,900 1984 2,244,663,000 147,521,156 1983 2,166, 970, 819 140, 093,114 1982 1,935,217,710 123,264,670 • Source: Washington State Department of Revenue 4,950,500 4,700,500 4,639,400 4,114,000 3,983,100 3,884,100 3,563,600 11 Snohomish County i Labor Force and Employment and Nonagricultural Wage and Salary Workers Annual Average 1992* 1991 1990 1989 Civilian Labor Force 261,600 253,500 236,900 232,700 Total Employment 244,500 240,100 227,600 221,400 Total Unemployment 17,100 13,400 9,300 11,300 Percent of Labor Force 6.5% 5.3% 3.9% 4.9% Total Nonagricultural Wage & Salary Workers 175,600 170,900 169,400 158,000 Manufacturing 50,000 50,300 51,600 50,600 Durable Goods 43,800 44,100 45,800 45,200 Lumber & Wood Products 2,900 3,000 3,400 3,400 Stone, Clay & Glass Products 900 900 900 900 Industrial Machinery & Equipment 1,800 1,900 1,900 1,600 Electronic & Other Electric Equipment 1,000 1,000 1,300 1,000 Transportation Equipment 29,800 29,500 30,000 30,000 Aircraft & Parts 28,600 28,200 28,500 28,300 Other Transportation Equipment 1,200 1,300 1,500 1,700 Instruments & Related Products 5,100 5,200 5,400 5,700 Other Durable Goods 2,300 2,600 3,000 2,700 Nondurable Goods 6,200 6,200 5,800 5,400 Food & Kindred Products 1,200 1,400 1,200 1,100 Printing & Publishing 1,900 1,900 1,900 1,700 Other Nondurable Goods 1,600 1,200 1,000 2,500 Mining & Quarrying 200 200 200 200 Construction 12,000 11,200 12,000 9,900 Transportation, Communication & Public Utilities 6,500 6,400 6,300 6,100 Wholesale & Retail Trade 40,100 39,300 38,800 35,900 Finance, Insurance & Real Estate 7,900 7,300 6,700 6,500 Services 34,000 32,300 31,000 27,500 Government 25,000 23,900 22,600 21,300 Federal 1,400 1,400 1,600 1,400 State 4,000 4,000 3,900 3,600 Local 19,600 18,500 17,200 16,300 Workers in Labor -Management Disputes 0 0 0 200 * Preliminary Source. Washington State Employment Security Department • 12 • LITIGATION There is no litigation pending questioning the validity of the Bonds or the power and authority of the City to issue the Bonds. APPROVAL OF COUNSEL Legal matters incident to the authorization, issuance and sale of Bonds by the City are subject to the approving legal opinion of Foster Pepper & Shefelman, Bond Counsel. A copy of the opinion of Bond Counsel will be printed on the Bonds. Bond Counsel will be compensated only upon the issuance and sale of the Bonds. Bond Counsel has not been retained to review and has not reviewed this Official Statement for completeness or accuracy and will not offer an opinion concerning this Official Statement. TAX EXEMPTION Exclusion from Gross Income. In the opinion of Bond Counsel, assuming compliance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended (the "Code"), including arbitrage requirements under Section 148 of the Code, interest on the Bonds is excluded from gross income of registered owners for federal income tax purposes under existing federal law and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. Corporate Alternative Minimum Tax. While interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, under Section 55 of the Code, tax-exempt interest, including interest on the Bonds, received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations (as defined for federal income tax purposes). Under the • Code, alternative minimum taxable income of a corporation will be increased by 75 percent of the excess of the corporation's adjusted current earnings (including any tax-exempt interest) over the corporation's alternative minimum taxable income determined without regard to such increase. A corporation's alternative minimum taxable income, so computed, that is in excess of an exemption of $40,000, which exemption will be reduced (but not below zero) by 25 percent of the amount by which the corporation's alternative minimum taxable income exceeds $150,000, is then subject to a 20 percent minimum tax. Corporate Environmental Tax. Section 59A of the Code imposes for tax years beginning on or before January 1, 1996, an environmental tax of 0.12 percent ($1.20 per $1,000) on the amount of a corporation's alternative minimum taxable income (increased for certain book income and adjusted current earnings, including any tax-exempt interest) that exceeds $2,000,000. Tax on Certain Passive Investment Income of S Corporations. Under Section 1375 of the Code, certain excess net passive investment income, including interest on the Bonds, received by an S corporation (a corporation treated as a partnership for most federal tax purposes) that has Subchapter C earnings and profits at the close of the taxable year may be subject to federal income taxation at the highest rate applicable to corporations if more than 25 percent of the gross receipts of such S corporation is passive investment income. Foreizn Branch Profits Tax. Interest on the Bonds may be subject to the foreign branch profits tax imposed by Section 884 of the Code when the Bonds are owned by, and effectively connected with a trade or business of, a United States branch of a foreign corporation. CERTAIN OTHER FEDERAL TAX CONSEQUENCES Bonds "Qualified Tax -Exempt Obligations" for Financial Institutions. Section 265 of the Code provides that 100 percent of any interest expense incurred by banks and other financial institutions for interest allocable to tax-exempt obligations acquired after August 7, 1986, will be disallowed as a tax deduction. However, if the tax-exempt obligations are obligations other than private activity bonds, are issued by a governmental unit that, together with all entities subordinate to it, does not reasonably anticipate issuing more than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) in 13 the current calendar year, and are designated by the governmental unit as "qualified tax-exempt obligations," only 20 percent of any interest expense deduction allocable to those obligations will be disallowed. The City is a governmental unit that, together with all subordinate entities, reasonably anticipates issuing less than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) during the current calendar year, and has designated the Bonds as "qualified tax-exempt obligations" for purposes of the 80 percent financial institution interest expense deduction. Therefore, only 20 percent of the interest expense deduction of a financial institution allocable to the Bonds will be disallowed for federal income tax purposes. Reduction of Loss Reserve Deductions for Property and Casualty Insurance Com a, nies. Under Section 832 of the Code, interest on the Bonds received by property and casualty insurance companies will reduce tax deductions for loss reserves otherwise available to such companies by an amount equal to 15 percent of tax-exempt interest received during the taxable year. Effect on Certain Social Security and Retirement Benefits. Section 86 of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take receipts or accruals of interest on the Bonds into account in determining gross income. Other -Possible Federal Tax Consequences. Receipt of interest on the Bonds may have other federal tax consequences as to which prospective purchasers of the Bonds may wish to consult their own tax advisors. UNDERWRITING The Bonds are being purchased by Seattle -Northwest Securities Corporation acting as the Underwriter. The purchase contract provides that the Underwriter will purchase all of the Bonds, if any are purchased, at a price of 98.00 percent of the par value of the Bonds, plus accrued interest. The Bonds will be reoffered at an average price of 100 percent of the par value of the Bonds. After • the initial public offering, the public offering prices may be varied from time to time. 0 14 • OFFICIAL STATEMENT CERTIFICATE I, ARTHUR J. HOUSLER, Administrative Services Director of the City of Edmonds, Washington (the "City"), certify that to the best of my knowledge and belief, and after reasonable investigation: 1. The attached Official Statement relating to the City's $340,942.94 par value Local Improvement District No. 213 Bonds (the "Bonds"), is accurate and complete, and neither the Official Statement nor any information furnished by the City supplementary thereto contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading in any material respect; 2. Since the date of that Official Statement and any such supplementary information no event occurred which should have been set forth in an amendment or supplement to the Official Statement which has not been set forth in such supplementary information; 3. There has been no material adverse change in the operation or financial affairs of the City, or, to the best of my knowledge, in the general economy of the City, since the date of the Official Statement; 4. The representations of the City contained in the Purchase isContract for the Bonds dated July 27, 1993, were true and correct when made and are true and correct as of this date; and • 5. The execution of this certificate shall constitute the execution of the Official Statement by the City. DATED this 19th day of August, 1993. )IRT-HUR J USLER Admini ative Services Director 0095925.01 A SIGNATURE IDENTIFICATION AND NO -LITIGATION CERTIFICATE • I, RHONDA J. MARCH, certify that I am the City Clerk of the City of Edmonds, Washington (the "City"), and have been at all times since August 16, 1991, and that LAURA M. HALL is the Mayor of the City and has been at all times since January 7, 1992. I further certify that I have executed by my facsimile signature $340,942.94 par value Local Improvement District No. 213 Bonds of the City (the "Bonds"). The Bonds consist of Bond No. 1 in the denomination of $5,942.94, and Bonds Nos. 2 to 68, inclusive, in the denomination of $5,000 each. The Bonds are dated August 1, 1993; mature on August 1, 2005; and bear interest payable annually beginning August 1, 1994, accordance with the following schedule: Bond Numbers Interest (inclusive) Amounts Rates 1 to 9 $45,942.94 3.40% 10 to 17 40,000.00 4.00 18 to 24 35,000.00 4.25 25 to 31 35,000.00 4.50 32 to 38 35,000.00 4.75 39 to 44 30,000.00 5.00 45 to 50 30,000.00 5.15 • 51 to 56 30,000.00 5.30 57 to 62 30,000.00 5.40 63 to 68 30,000.00 5.50 I further certify that the Bonds bear my facsimile signature as City Clerk and the facsimile signature of LAURA M. HALL, Mayor of the City. I further certify that no litigation of any nature is now pending or, to my knowledge, threatened, seeking to restrain or enjoin the issuance and delivery of the Bonds or the levy and collection of special assessments pledged to pay the principal thereof and interest thereon, or in any manner questioning the proceedings and authority under which the Bonds are issued or the validity of the Bonds thereunder, that neither the corporate existence or boundaries of the City nor the title of the present officers to their respective offices is being contested, and that no authority or proceeding for the issuance of the Bonds has been repealed, revoked or rescinded. SIGNED this 19th day of August, 1993. Q • ONDA J. CH, City Clerk 0095825.01 C N A I CERTIFY that I am C.A. Havnaer of U.S. Bank of Washington, Edmonds Branch and that I am personally acquainted with RHONDA J. MARCH and that I know that she now is and was at the time of the initial issuance of the $340,942.94 par value Local Improvement District No. 213 Bonds of the City of Edmonds, Washington (the "City"), dated August 1, 1993, and the signing of the Signature Identification and No -Litigation Certificate to which this certificate is attached, the duly acting City Clerk of the City. I do further identify the signature to RHONDA J. MARCH as City Clerk of the City on the certificate attached as being in all respects genuine and her facsimile signature and the facsimile signature of LAURA M. HALL as Mayor of the City on the Bonds as the true facsimile signatures of those officials. • DATED at Edmonds, Washington, this 19th day of August, 1993. • 0095925.01 TAX EXEMPTION AND NONARBITRAGE CERTIFICATE • OF LAURA M. HALL CONCERNING $340,942.94 LOCAL IMPROVEMENT DISTRICT NO. 213 BONDS OF THE CITY OF EDMONDS, WASHINGTON I, LAURA M. HALL, on behalf of the City of Edmonds, Washington (the "City"), certify as follows: 1. General. 1.1 Responsible Officer. I am the Mayor of the City and, as such, am an officer of the City responsible for issuing the City's $340,942.94 par value Local Improvement District No. 213 Bonds, dated August 1, 1993 (the "Bonds"), and delivered and paid for on the same date as the date of this certificate (the "date of issue"). 1.2 Purpose of Certificate. This certificate is executed to establish the facts, estimates and circumstances in existence on the date of issue and the good faith reasonable expectations of the City on the date of issue as to future events in connection with the Bonds for the purposes of the applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations under Sections 103, 148, 149 and • 150 of the Code. 1.3 Reasonable Basis for Expectations. To the best of my knowledge, information and belief, this certificate accurately summarizes the facts, estimates and circumstances in existence on the date of issue, and the expectations of the City on the date of issue about future events in connection with the Bonds are reasonable. The City has not been notified of any listing or proposed listing of the City by the Internal Revenue Service as an issuer that may not certify its bonds or other obligations. 2. Purpose of Issuing the Bonds. 2.1 Governmental Purpose. The City is a local government unit of the State of Washington, and the Bonds are being issued for the purpose of providing the funds necessary to pay the costs of constructing sewer and water mains and restoring streets and sidewalks in Local Improvement District No. 213 (the "District") ordered to be carried out by Ordinance No. 2878 (the "Improvements"), and the costs of issuance and sale of the Bonds, all as provided by Ordinance No. 2940 of the City (the "Bond Ordinance"). It is expected that approximately $160,346.02 of the proceeds of the Bonds will be used to repay an interfund loan made for the . Improvements prior to the date of issue of the Bonds. The City pursuant to Resolution No. 757, passed December 22, 1992, declared 0095946.01 an official intent to repay the interfund loan made for the • Improvements after that date, and the expenditures that will be repaid or reimbursed with proceeds of the Bonds all were made after the date of that declaration of official intent, except for qualified "preliminary expenditures" within the meaning of the reimbursement regulations (such as expenditures for architectural, engineering, surveying or soil testing services and similar items made before commencement of construction, but not for costs of purchasing land, site preparation or other costs incident to commencement of construction) in an amount that does not exceed 20% of the expected cost of the Bonds. The Improvements were placed in service on April, 1993, and thus have not been placed in service for more than 1 year. 2.2 No Impermissible Private Business Use. No more than 10% ($34,094.29) of the proceeds of the Bonds (or of a corresponding portion of the Improvements being financed with proceeds of the Bonds) will be used for any private business use. No more than 5% ($17,047.15) of the proceeds of the Bonds (or of a corresponding portion of the Improvements being financed with proceeds of the Bonds) will be used either for any private business use which is unrelated to the governmental purpose of the Bonds or for any private business use which is related to a governmental purpose of the Bonds but exceeds the amount of proceeds of the Bonds that are expected to be used for that governmental purpose. No more than 5% of the proceeds of the Bonds will be used directly or indirectly to make or finance loans to any person other than a governmental unit, • except a loan, if any, which enables the borrower to finance a governmental tax or assessment of general application for a specific essential governmental function, or which constitutes a nonpurpose investment within the meaning of Section 148 of the Code. 3. Source and Disbursement of Proceeds. 3.1 Purchaser and Purchase Price of the Bonds. The Bonds will be sold to Seattle -Northwest Securities Corporation of Seattle, Washington (the "Purchaser"), at a price of par less a $6,818.86 underwriter's discount plus accrued interest of $789.60, for a total purchase price of $334,913.68. 3.2 Funds into Which Proceeds From the Issuance and Sale of the Bonds Will Be Deposited. The City expects that the proceeds to be derived from the issuance and sale of the Bonds will be deposited in the following funds or accounts and used for the following purposes: (a) Accrued Interest. The accrued interest on the Bonds from their date to the date of issue ($789.60) to be received by the City from the Purchaser will be deposited in the Local Improvement Fund, District No. 213 (the "Bond Fund"), and used for payment of debt service on the Bonds on their first interest payment date. 0095946.01 -2- (b) Principal Proceeds. The principal proceeds to be • derived by the City from the issuance and sale of the Bonds will be deposited in the Local Improvement Fund, District No. 213 (the "Construction Fund") and used to repay the interfund loan in the amount of $160,346.02 from the City's Capital Improvement Fund No. 325 and pay unpaid costs, including the costs of issuing, selling and delivering the Bonds. 3.3 Cost of the Improvements. The Improvements have been completed at a total cost of $424,046.63, which cost will be paid from the issuance and sale of the Bonds, prepaid special benefit assessments and other money of the City available therefor. The net amount received by the City as a result of the sale of the Bonds, after payment of all expenses of issuing, selling and delivering the Bonds, is not expected to exceed the amount necessary to pay the costs of the Improvements. 3.4 No Sale of Improvements Expected. The Improvements are not expected to be sold or otherwise disposed of in whole or in part prior to maturity of the Bonds other than to dispose of any portion of the Improvements which becomes inadequate, obsolete, worn-out, unfit or no longer necessary or useful to the operation of the Improvements. 4. Payment of Bonds. 4.1 Debt Service Structure. The Bonds are assessment bonds • of the City and are term in form. The Bonds mature on August 1, 2005, and are subject to call whenever there is sufficient money in the Bond Fund to permit that redemption in the manner provided by the Bond Ordinance. The City expects to exercise its call option such that there is never more than a reasonable carry-over (no more than the greater of one year's earnings on that account or 1/12th of the annual debt service on the Bonds) in the Bond Fund from year to year. 4.2 Source of Payment. The Bonds are payable solely from special benefit assessments deposited in the Bond Fund. It is expected that the Bond Fund will be depleted at least one a year, except for a reasonable carry-over. 4.3 Use of Assessment Proceeds. When the special benefit assessments are collected they will be paid into the Bond Fund for payment of principal of and interest on the Bonds on August 1 of each year. To the extent sufficient funds from special benefit assessments are not available in the Bond Fund to pay the principal of or interest on the Bonds when due, that principal and interest will be paid by the City's Local Improvement Guaranty Fund (the "Guaranty Fund") hereinafter referred to. 4.4 Reserve for the Bonds. Pursuant to the laws of the State • of Washington the City maintains a Guaranty Fund for the Bonds. The Guaranty Fund amounted to $307,729 as of July 31, 1993, and, for the purposes of Section 148(d)(1) of the Code and Treasury 0095946.01 -3- • • Regulations Section 1.148-6(e), the Guaranty Fund serves as a common reserve fund for the Bonds and other outstanding local improvement issues of the City as follows with the following amounts outstanding (with which the Bonds have been included for completeness: Issue LID No. 192 Bonds CLID No. 206/207 Bonds LID No. 210 Bonds LID No. 213 Bonds Total Original Principal Original Stated Principal $ 292,246.97 333,990.44 850,458.94 340,942.94 j.0 17 , 639.29 The Guaranty Fund is funded solely from taxes budgeted for and deposited in that fund. The total amount of the Guaranty Fund is allocated among the Bonds and other outstanding issues of the City by allocating the amount on deposit therein ratably among all the outstanding issues secured by the Guaranty Fund in accordance with the original stated principal amount of each issue. Based upon that allocation method, the total amount of the Guaranty Fund is allocated among the Bonds and the other outstanding issues of the City secured thereby as follows: Issue LID No. 192 Bonds CLID No. 206/207 Bonds LID No. 210 Bonds LID No. 213 Bonds Total Original Principal Guaranty Fund Allocation 16.08% 18.37 46.79 18.76 100.00% The amount of the Guaranty Fund so allocated to the Bonds is $57,729.96, which is $23,535.67 more than the least of (a) 10% of the proceeds of the Bonds ($34,194.29), (b) maximum annual debt service on the Bonds ($61,735.00), and (c) 125% of average annual debt service on the Bonds ($53,549.38). For this purpose, "proceeds" of the Bonds means the amount that the City actually or constructively receives from the sale of the Bonds as the issue price to the public (including any original issue discount or premium), but excluding any amount received as accrued interest on the Bonds payable within 1 year from the date of issue. Both maximum annual debt service and average annual debt service are based on the Certificate of Purchaser attached as Exhibit A and believed by me to be reasonable. A reasonably required reserve for the Bonds is an amount not greater than 10% of the proceeds of the Bonds. The City will invest that portion of the Guaranty Fund in excess (presently $23,535.67) of 10% of the proceeds of the Bonds at a yield not greater than the yield on the Bonds. It is the intention of the City to reduce the amount on deposit in the Guaranty Fund so that the amount of that fund allocable to the Bonds will not be in excess of a reasonably required reserve. 0095946.01 -4- 4.5 Absence of Other Sinking Funds. Except for the Bond Fund • and the allocable portion of the Guaranty Fund, the City has not created or established and does not expect to create or establish any reserve fund, sinking fund or other similar fund which is reasonably expected to be used directly or indirectly to pay debt service on the Bonds or with respect to which there is reasonable assurance that money will be available in that fund to pay debt service on the Bonds even if the City were to encounter financial difficulties. 5. Restrictions on Investing Proceeds of the Bonds in Higher Yielding Investments. 5.1 Calculation of Yield on Bonds. The yield on the Bonds has been calculated as that yield which when used in computing the present worth of all payments of principal of and interest on the Bonds produces an amount equal to the issue price of the Bonds. The "issue price" of the Bonds is the initial offering price (including accrued interest and original issue discount or premium, if any) at which a substantial amount (at least 10%) of each maturity of the Bonds have been sold to the public (not including bond houses, brokers or other intermediaries). Based on the Certificate of Purchaser, the yield on the Bonds has been calculated to be 4.98189%. In determining this yield, no adjustments were made for Purchaser's discount or other costs of issuance of the Bonds. • 5.2 Restrictions on Investment of Proceeds in Higher Yielding Investments. (a) Construction Fund. The original proceeds of the Bonds deposited in the Construction Fund may be invested in higher yielding investments for a temporary period not exceeding three years from the date of issue of the Bonds. (b) Guaranty Fund Amounts Allocable to the Bonds. Amounts held in the Guaranty Fund allocable to the Bonds and earnings thereon may be invested in higher yielding investments so long as the amount of such investments (valued at cost) so allocated to the Bonds does not exceed the least of 10% of the proceeds of the Bonds, maximum annual debt service on the Bonds and 125% average annual debt service on the Bonds, which is a reasonably required reserve as described in Section 4.4. (c) Bond Fund. Accrued interest on the Bonds deposited in the Bond Fund and other amounts treated as replacement proceeds of the Bonds because they are held in the Bond Fund may be invested in higher yielding investments for a temporary period not exceeding 13 months from the date of their deposit in the Bond Fund. (d) Investment Earnings. Investment earnings on original proceeds or amounts treated as replacement proceeds of the • Bonds for which no other temporary period is available may be 0095946.01 -5- invested in higher yielding investments for a temporary period of • one year from the date of receipt of those investment earnings. (e) Restricted Yield Investments. Proceeds (and amounts treated as replacement proceeds) of the Bonds that may not be invested in higher yielding investments will be invested only in (i) obligations purchased at fair market value in bona fide arm's- length transactions in an established market for those obligations and having yields not materially higher than the yield on the Bonds when calculated using the same frequency interval of compounding interest as used for the Bonds, (ii) obligations the interest on which is excluded from gross income under Section 103 of the Code which are not private activity bonds under Section 141 of the Code (or obligations treated as tax-exempt obligations under Section 103 of the Code, e.g., obligations issued by certain qualified regulated investment companies which invest, to the extent practicable, all of their assets in tax-exempt governmental bonds and meet certain other conditions), or (iii) United States Treasury Obligations --State and Local Government Series. 6. Compliance with Arbitrage Rebate Requirements or Conditions for Exception From Arbitrage Rebate Requirements. 6.1 General Arbitrage Rebate Compliance. The Bonds are subject to arbitrage rebate requirements imposed by Section 148(f) of the Code, and therefore the City, in the manner and to the extent required by that Section, will calculate and rebate to the • United States any investment earnings on gross proceeds of the Bonds which are in excess of the amounts that would have been earned if those gross proceeds had been invested at the yield on the Bonds, plus any income attributable to such excess earnings. Investment earnings on amounts held in the Bond Fund will not be taken into account for this purpose at any time, even if the amount earned is $100,000 or more in a Bond year, because the Bonds bear interest at fixed rates (i.e., rates that do not vary during the term of the Bonds) and have an average maturity of at least 5 years. If the City for any reason fails to comply with applicable arbitrage rebate requirements in connection with the Bonds, the City, to the, extent permitted and required by Section 148(f)(7) of the Code, will pay any penalty that may be necessary to preserve the tax exemption for interest on the Bonds. 6.2 All Gross Proceeds to Be Spent Within Six Months of Date Of Issue. It is expected that all except no more than the lesser of 5% or $100,000 of the gross proceeds of the Bonds will be spent for the governmental purpose of the Bonds not later than the date that is 6 months after the date of issue of the Bonds, and that any gross proceeds of the Bonds remaining unspent at the end of that 6-month period will be spent for the governmental purpose of the Bonds not later than the date that is 12 months after the date of issue of the Bonds. Solely for the purpose of this spending requirement, "gross proceeds" of the Bonds include sale and • investment proceeds of the Bonds, but do not include transferred proceeds or any amounts deposited and held in the Bond Fund (so 0095946.01 -6- long as it constitutes a bona fide debt service fund for the Bonds) or the Guaranty Fund (so long as the portion of the Guaranty Fund allocable to the Bonds constitutes a reasonably required reserve for the Bonds). If these expenditure expectations are actually realized and arbitrage rebate requirements are satisfied with respect to investments in the Guaranty Fund allocable to the Bonds, those gross proceeds of the Bonds will be excepted from arbitrage rebate requirements pursuant to Section 148 (f) (4) (B) (i ) and ( ii ) of the Code. If these expenditure expectations are not actually realized, all gross proceeds of the Bonds (other than amounts held in a bona fide debt service fund) will be subject to arbitrage rebate requirements. 7. Bonds Meet Other Arbitrage Requirements. 7.1 No Other Governmental Obligations Part of This Issue. There are no other obligations of the City which are being issued at substantially the same time as the Bonds pursuant to a common plan of financing and which will be paid (or have substantially the same claim to be paid) out of substantially the same source of funds. 7.2 No Replacement of Funds Invested in Higher Yielding Investments. No portion of the proceeds of the Bonds will be used directly or indirectly to replace funds of the City invested in higher yielding investments. • 7.3 No Abusive Arbitrage Device. The primary, bona fide governmental purposes of issuing the Bonds is to finance the costs of the Improvements. No action is being taken or will be taken in connection with the issuance of the Bonds that has the effect of (i) enabling the City to exploit the difference between tax-exempt and taxable interest rates to obtain a material financial advantage by investing any portion of the gross proceeds of the Bonds over any period of time, and (ii) overburdening the tax-exempt bond market as a result of issuing more obligations, issuing the Bonds earlier, or allowing the Bonds to remain outstanding longer than is otherwise reasonably necessary to finance the Improvements. 7.4 No Intent to Earn Impermissible Arbitrage Profit. The City will not take any intentional action to earn any impermissible arbitrage profit from the investment of gross proceeds of the Bonds. 8. Bonds Meet Other Requirements for Tax Exemption. 8.1 Bonds in Registered Form. The Bonds are issued only in registered form. 8.2 No Federal Guaranty. Except the Code, payment of the principal of o not guaranteed in whole or in part by • agency or instrumentality thereof. as otherwise permitted by r interest on the Bonds is the United States or any 0095946.01 -7- 8.3 Information Return to Be Filed. The City will cause a • Form 8038-G Information Return respecting the Bonds to be timely filed with the Internal Revenue Service. 9. Bonds Tax -Exempt and Not Arbitrage Bonds. Based on the foregoing facts, estimates and circumstances in existence on the date of issue and the reasonable expectations of the City as to future events respecting the Bonds, the Bonds are governmental. obligations the interest on which is excluded from gross income for federal income tax purposes under Section 103 of the Code, and it is not expected that proceeds of the Bonds will be used in any manner which would cause the Bonds to be arbitrage bonds. DATED August 19, 1993. CITY OF EDMONDS, WASHINGTON 0095946.01 -8- C, • EXHIBIT A CERTIFICATE OF PURCHASER I, RICHARD E. EHLERS, Vice President of Seattle -Northwest Securities Corporation, Seattle, Washington, purchaser of the City of Edmonds, Washington, $340,942.94 par value Local Improvement District No. 213 Bonds (the "Bonds"), certify as follows: 1. To the best of my information and belief, the following is a reasonably anticipated redemption schedule for the Bonds: Bond Numbers Estimated (Inclusive) Amounts Redemption Dates 1 to 9 $45,942.94 August 1, 1994 10 to 17 40,000.00 August 1, 1995 18 to 24 35,000.00 August 1, 1996 25 to 31 35,000.00 August 1, 1997 32 to 38 35,000.00 August 1, 1998 39 to 44 30,000.00 August 1, 1999 45 to 50 30,000.00 August 1, 2000 51 to 56 30,000.00 August 1, 2001 57 to 62 30,000.00 August 1, 2002 63 to 68 30,000.00 August 1, 2003 2. A substantial portion (at least 10%) of the Bonds of each estimated maturity has been sold to the public, excluding bond houses, brokers and other intermediaries, at the reoffering price of par. DATED: August 19, 1993 SEATTLE-NORTHWEST SECURITIES CORP BRAT ON By Richard E. Ehlers Vice President 0095925.01 Forrn 8038-G Information Return for Tax -Exempt Governmental Obligations ► under Internal Revenue Code section 149(e) OMB No. 1545.0720 (Rev. May 1993) ► See separate Instructions. kepanment of the Trea sury (Use Form 8038-GC if the issue price is under $100,000.) temal Fitvanus Service FiMM Reporting Authority If Amended Return, check here ► [] 1 Issuer's name 2 Issuer's employer identification number City of Edmonds 91 6001244 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 505 Bell Street G19 93 - 3 • 5 City, town, state, and ZIP code 6 Date of issue Echronds, Washin n 98020 8/19/93 7 Name of Issue 8 CUSIP Number Local Irrproverrent District No. 213 Bonds, 1993 N/A • . t Tvoe of Issue (check applicable box(es) and enter the issue price) 9 10 11 12 13 14 15 16 17 18 ❑ Education (attach schedule -see instructions) . . . . . . . . . . . . . ❑ Health and hospital (attach schedule -see instructions). . . . . . . . . . ❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . ❑ Public safety . . . . . . . . . . . . . . . . . . . . . . . . ❑ Environment (including sewage bonds) . . . . . . . . . . . . . . . ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . ® Utilities . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Other. Describe (see Instructions) 0- If obligations are tax or other revenue anticipation bonds, check box 0- If obligations are in the form of a lease or installment sale, check box ► ❑ Issue price Description of Obligations a () Maturity date b () Interest rate c () Issue price (d) Stated redemption price at maturity (e) Weighted average maturity (� Yield (g) Net interest cost 9 Final maturity. 8 1/03 5.5 % 30,000 30,000 349,943 340,943 5 years 4.981 % 5.037 0 Entire issue Uses of Original Proceeds of Bond Issue(including underwriters' discount 21 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . 21 790 22 340,943 22 Issue price of entire issue (enter amount from line 20, column (c)) . . , . 23 Proceeds used for bond issuance costs (including underwriters' discount) . 23 1 15,414 24 Proceeds used for credit enhancement . . . . . . . . . . . . 24 -0- 25 Proceeds allocated to reasonably required reserve or replacement fund 25 -0- 26 Proceeds used to refund prior issues . . . . . . . . . . . 26 -0- 27 Total (add lines 23 through 26) . . . . . . . . . . . . . . . . . . . . . 27 15,414 28 325,529 28 Nonrefunding roceeds of the issue subtract line 27 from line 22 and enter amount here), of Refunded Bonds (complete this part only for refunding bonds 29 —Description Enter the remaining weighted average maturity of the bonds to be refunded ► years 30 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . ► 31 Enter the dates the refunded bonds were issued ► Miscellaneous 32 Enter the amount of the state volume cap allocated to the issue . . . . . . . . . . ► -0- 33 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(i)(III) (small issuer exception) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ► $340 , 943 34 Pooled financings: a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ► -0- b if this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► 35 If the issuer has elected to pay a penalty in lieu of rebate check box ► ❑ .41 Please Sign Here Under penalties of penury. I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and beiief, they are true, correct, and complete. r 9lcfnature of officer For Paperwork Reduction Ac Arthur J. Housler, Director '93 'Administrative Services Date Type or print name and title ce, see page 1 of the Instructions. Cat. No. 63773S Form 8038-G (Rev. 5.93) • a .k m�0 o m' O �� >h o�U—� 4-�C t,i� tCm O O m cco ZOo i1 L tr1 CN av' yr o ® O w% cc: a_r m LL �z 0 0 0 8 ": U/ ^y U) o z V m r>i m m m 0 n0 ao Y IY� a O m ¢ E m C ,C E 4 J 0 U, La, fL U W Q ¢ 0 d1 d O C M m M m n gg < ] UNMED STATES -POSTAL SERVICE M m M m n M m ` n Offkw Buskw" MMM:1 l.SK LE) upg�8r yao�r-IS 40 0=0=Cio4-Q/ �m8AG71402-3 0 o c 110056-5- M m M m n 4b.T3.�-/8 o 0 0 yoglo-a mmmm�So�3(-S _'c <� 4(06,1g-1am M m r 406g7-Lq S'I K}O - Z M S36 03 - `1 D m D o i m o i ?yb77Z- ZL 9 L66 L aunp '0086 u"od Sd PENALTY FOR PRIVATE USE TO AVOID PAYMENT 'T f OS}—r OF POSTAGE, M `1Ag7d-A 4D0t0-Y3 lDoto -yy 'loyg7-,23 YDgdy-,aPPrint your name, address and ZIP Code here PJ JOHNSON FOSTER, PEPPER & SHEFELMAN 1111 THIRD AVENUE SEATTLE. WASHING70N 96101 i m n > C � v M :1) n {1 (_n m Or A n< A m = O I m M m i m o o M M m M� i M m M Im`8m i ( > n " SENDER: 0 S Complete items 1 and/or 2 for additional services. I also Wish to receive the b • Complete items 3, and 4a & b. following services (for an extra m c • Print your name and address on the reverse of this form so that we can fee): v return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address s^ In does not permit. o • Write "Return Receipt Requested" on the mailpiece belle s c . mbar 2. ❑ Restricted Delivery 4 `o i « • The Return Receipt will show to whom t iver d the dote C delivered. Consult postmaster for fee. m 0 3. Article Add 4a. Article Number ' Internal e� ervice P 396 186-248 �; E Philadelp ia, PA 12,�5, 4b. Service Type o ,r yt3 ❑ Registered ❑ Insured N� v Certified ❑ COD 5 LU 28 IM >,� Expres JOail ❑ Return Receipt for Merchandise co ' Q r p$G pC15 Date o Delivery11 o 0 M 5. Signature (Addre 8. Addressee's Address (Only if requested ,4 ' and fee is paid) C w M 6. Signature (Agent) t o w PS Fnrm'R-R11 nercmh�r 1Q01 — 11 r,Pn y ^n7 "I r1rlRA-^TIr' �T11 I ter" 1 T CERTIFICATE OF BOND REGISTRAR • ON REGISTRATION OF BONDS THE BANK OF NEW YORK of New York, New York (hereinafter sometimes referred to as "Registrar"), certifies as follows: (1) As Fiscal Agent for the State of Washington and its political subdivisions, in accordance with the terms and conditions of Resolution No. 783 of the State Finance Committee and that certain Fiscal Agency Contract effective February 8, 1993, entered into by and among the Registrar, First Interstate Bank of Washington, N.A., and the State of Washington, the Registrar acknowledges that it duly and properly has authenticated and registered $340,942.94 principal amount of Local Improvement District No. 213 Bonds (the "Bonds") of the City of Edmonds, Washington. (2) The employees of the Registrar whose signatures appear on the Certificate of Authentication on each authenticated Bond are regular employees of the Registrar and have authenticated the Bonds as one of their responsibilities as employees, and each is duly authorized by the Registrar to do the same. (3) All of such Bonds authenticated by the authorized employees of the Registrar bore, in the spaces appropriate for the insertion of such information, the name of the registered • owner, the principal amount, the interest rate, the maturity date, the Bond number, control number and the CUSIP number thereof. (4) Unauthenticated Bpnds which have been assigned control numbers from 42q to -TO , inclusive, being all of the remaining unauthenticated Bonds delivered to us, shall be held by us or by First Interstate Bank of Washington, N.A., and shall be subject to the trust created by the Fiscal Agency Contract and the duties and obligations created in that Contract. We shall be liable for the safekeeping of those unauthenticated Bonds and for the performance of our duties and obligations as specifically set forth in that Contract. We shall act in good faith, and no implied duties or obligations shall be incurred by us other than those specified in the Fiscal Agency Contract. DATED at New York, New York, this 19th day of August, 1993. THE BANK OF NEW YORK New York, New York, as Registrar By �, (I �0" ",- ASSIST TREAS 0095825.01 • C Ctl ::o eq`<LE RS'=.mE�3 R N C $� 3��5 T o.. �pqq • Y aN ^erg^�qRS gm �°5�°"�E ga@3n j�Ee MIA H � G' z C 9 �o ^ a0 q'�Em"dm °Dave°<e= o S z Zr O D ijgg ^- o E Z 9 �n R"�S 4e Tr9 f 1API w �. 9 H e Cy ^ ^t1,'i^ COD• uan ?C'py W: '"S CAy HQn cajpoe°3^ a Mm= c oR W $sn41 - 6 I 4 q = C Ea Cp CC '?�'Y L H C ZVI O 'rl n b � O T m to � a C/1 x v z H zz Z I 1 z n III � i V bC 66d 86t}j J O. ace 0 o dtic7d�7 aaaoo O p0 � V db0�y a r ^O l 1 r D l 1 ~ r H � c z cMccn C O -n Cf)—mZl >O N O Cl 0 m N M � 2 'rl zD �m � O z D Z o ^.► V1 u W O r Jb 6 • CROSS RECEIPT FOR BONDS AND PAYMENT SEATTLE-NORTHWEST SECURITIES CORPORATION, Seattle, Washington, acknowledges receipt in Seattle, Washington, this 19th day of August, 1993, of $340,942.94 par value Local Improvement District No. 213 Bonds of the City of Edmonds, Washington (the "Bonds"). The Bonds consist of Bond No. 1 in the denomination of $5,942.94, and Bonds Nos. 2 to 68, inclusive, in the denomination of $5,000 each. The Bonds are dated August 1, 1993; mature on August 1, 2005; and bear interest payable annually beginning August 1, 1994, accordance with the following schedule: Bond Numbers Interest (inclusive) Amounts Rates 1 to 9 $45,942.94 3.40% 10 to 17 40,000.00 4.00 18 to 24 35,000.00 4.25 25 to 31 35,000.00 4.50 32 to 38 35,000.00 4.75 39 to 44 30,000.00 5.00 45 to 50 30,000.00 5.15 51 to 56 30,000.00 5.30 57 to 62 30,000.00 5.40 63 to 68 30,000.00 5.50 • The CITY OF EDMONDS, WASHINGTON, acknowledges receipt in Seattle, Washington, this 19th day of August, 1993, of $334,913.68 in full payment for the Bonds, which settlement amount was computed as follows: r1 U Par value of Bonds $340,942.94 Less: Underwriter's Discount (6,818.86) Plus: Accrued interest from 8/1/93 to 8/19/93 789.60 TOTAL SETTLEMENT AMOUNT $334,913.68 SEATTLE-NORTHWEST SEC TIES CORPORA ON By CITY OF EDMONDS, WASHINGTON By 0095925.01 • CROSS RECEIPT FOR BONDS AND PAYMENT SEATTLE-NORTHWEST SECURITIES CORPORATION, Seattle, Washington, acknowledges receipt in Seattle, Washington, this 19th day of August, 1993, of $340,942.94 par value Local Improvement District No. 213 Bonds of the City of Edmonds, Washington (the "Bonds"). The Bonds consist of Bond No. 1 in the denomination of $5,942.94, and Bonds Nos. 2 to 68, inclusive, in the denomination of $5,000 each. The Bonds are dated August 1, 1993; mature on August 1, 2005; and bear interest payable annually beginning August 1, 1994, accordance with the following schedule: Bond Numbers Interest (inclusive) Amounts Rates 1 to 9 $45,942.94 3.40% 10 to 17 40,000.00 4.00 18 to 24 35,000.00 4.25 25 to 31 35,000.00 4.50 32 to 38 35,000.00 4.75 39 to 44 30,000.00 5.00 45 to 50 30,000.00 5.15 51 to 56 30,000.00 5.30 57 to 62 30,000.00 5.40 63 to 68 30,000.00 5.50 The CITY OF EDMONDS, WASHINGTON, acknowledges receipt in Seattle, Washington, this 19th day of August, 1993, of $334,913.68 in full payment for the Bonds, which settlement amount was computed as follows: Par value of Bonds $340,942.94 Less: Underwriter's Discount (6,818.86) Plus: Accrued interest from 8/1/93 to 8/19/93 789.60 TOTAL SETTLEMENT AMOUNT $334,913.68 SEATTLE-NORTHWEST SECUR IES CORPORA ION By CITY OF EDMONDS, WASHINGTON By� 0095825.01 FOSTER PEPPER & SHEFELMAN A LAW PARTNERSHIP INCLUDING PROFESSIONAL SERVICE CORPORATIONS 1111 THIRD AVENUE SUITE 3400 BELLEVUE, WASHINGTON OFFICE SEATTLE, WASHINGTON 98101 (206) 451.0500 (206) 447-4400 TELECOPIER. (206) 455.5487 TELECOPIER: (206) 447-9700 - (206) 447-9283 August 19, 1993 Seattle -Northwest Securities Corporation 1420 Fifth Avenue, Suite 4300 Seattle, Washington 98104 PORTLAND, OREGON OFFICE (503) 221.0607 TELECOPIER: (503) 221.1510 Re: City of Edmonds, Washington, $340,942.94 Local Improvement District No. 213 Bonds • We have rendered an approving legal opinion dated August 19, 1993, regarding the above -referenced bonds and addressed to the City of Edmonds, Washington, which opinion is attached hereto and is printed on each bond. You may rely on that opinion as though it were addressed to you. 0 Very truly yours, FOSTER PEPP & SHEFELMAN kloll"�1�4 Lee Voorhees 0001152.01 ,1 V, BELLEVUE, WASHINGTON OFFICE (206)451-0500 TELECOPIER. (206) 455-5487 FOSTER PEPPER & SHEFELMAN A LAW PARTNERSHIP INCLUDING PROFESSIONAL SERVICE CORPORATIONS 1111 THIRD AVENUE SUITE 3400 SEATTLE, WASHINGTON 98101 (206) 447.4400 TELECOPIER: (206) 447-9700 • (206) 447.9263 August 19, 1993 City of Edmonds, Washington Re: City of Edmonds, Washington, $340,942.94 Local Improvement District No. 213 Bonds PORTLAND. OREGON OFFICE (503) 221.0607 TELECOPIER, (503) 221.1510 We have examined a certified transcript of proceedings had by the City of Edmonds, Washington (the "City"), relating to the issuance by it of the above -referenced bonds (the "Bonds") and also have examined an executed and authenticated Bond or a facsimile thereof. • The Bonds are issued for the purpose of providing the funds necessary to pay so much of the cost and expense of improvements ordered by Ordinance No. 2878 establishing Local Improvement District No. 213 as is levied and assessed against the property included in that local improvement district and benefited by those improvements. The Bonds consist of Bond No. 1 in the denomination of $5,942.94, and Bonds Nos. 2 to 68, inclusive, in the denomination of $5,000 each. The Bonds are dated August 1, 1993, and bear interest at the following rates payable out of the Local Improvement Fund, District No. 213 of the City (the "Bond Fund"), beginning August 1, 1994, and annually thereafter on each succeeding August 1: Bond Numbers Interest (inclusive) Amounts Rates 1 to 9 $45,942.94 3.40% 10 to 17 40,000.00 4.00 18 to 24 35,000.00 4.25 25 to 31 35,000.00 4.50 32 to 38 35,000.00 4.75 39 to 44 30,000.00 5.00 45 to 50 30,000.00 5.15 51 57 to 56 to 62 30,000.00 30,000.00 5.30 5.40 63 to 68 30,000.00 5.50 0086992.01 City of Edmonds, Washington August 19, 1993 Page 2 The City has reserved the right and option to redeem the Bonds prior to their stated maturity date on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption and in the manner set forth in the Bonds, whenever there is money in the Bond Fund available for that purpose. Bonds may be called and paid from assessment payments only up to and including August 1, 1998, and thereafter may be paid from other money of the City legally available therefor and deposited in the Bond Fund. We have not reviewed and thus express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material relating to the issuance of the Bonds or otherwise used in connection with the Bonds. Under the Internal Revenue Code of 1986, as amended (the "Code"), the City is required to comply with certain requirements after the date of issuance of the Bonds in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including the requirement to calculate and rebate to the United States certain investment earnings on gross proceeds of the Bonds in the event that all Bond proceeds have not been spent within certain periods prescribed by the Code. The City has covenanted in Ordinance No. 2940 to comply with those requirements, but if the City fails to comply with such requirements, interest on the Bonds could become taxable retroactive to the date of issuance of the Bonds. We have not undertaken and do not undertake to monitor the City's compliance with arbitrage rebate requirements. As of the date of initial delivery of the Bonds to the purchaser thereof and full payment therefor, it is our opinion that (1) the City is a duly organized and legally existing code city under the laws of the State of Washington; (2) the Bonds are issued in full compliance with the provisions of the Constitution and laws of the State of Washington and the ordinances of the City relating thereto; (3) the Bonds constitute valid obligations of the Bond Fund and the Local Improvement Guaranty Fund of the City, except only to the extent that enforcement of payment may be limited by bankruptcy, insolvency or other laws affecting creditors' rights and principles of equity if equitable remedies are sought; (4) the Bonds are not general obligations of the City; and (5) assuming compliance by the City after the date of issuance of the Bonds with applicable requirements of the Code, including arbitrage and arbitrage rebate requirements, under existing federal law the interest on the Bonds is excluded from gross income of the registered owners for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals; however, while interest on the Bonds 0096992.01 0 • City of Edmonds, Washington August 19, 1993 Page 3 also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is to be taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by certain corporations may be subject to an environmental tax, interest on the Bonds received by certain S corporations may be subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. We express no opinion regarding any other federal tax consequences of receipt of interest on the Bonds. Respectfully submitted, 0086992.01