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2015.09.15 CC Agenda Packet AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds SPECIAL MEETING SEPTEMBER 15, 2015 6:30 P.M. - CALL TO ORDER 1. (30 Minutes) Convene in executive session to discuss collective bargaining per RCW 42.30.140(4)(a). BUSINESS MEETING SEPTEMBER 15, 2015 7:00 P.M. - CALL TO ORDER / FLAG SALUTE 1.(5 Minutes) Roll Call 2.(5 Minutes) Approval of Agenda 3.(5 Minutes) Approval of Consent Agenda Items A.AM-7950 Approval of draft City Council Meeting Minutes of September 8, 2015. B.AM-7983 Approval of claim checks #216051 through #216144 dated September 10, 2015 for $190,455.04. Approval of replacement payroll check #61787 dated September 4, 2015 for $2,421.75. C.AM-7976 Acknowledge receipt of Claims for Damages from Birgit Albiker-Osterhaug ($2,500) and Willliam Wisner (undetermined). D.AM-7977 2015-2017 Teamsters collective bargaining agreement (contract) Packet Page 1 of 259 D.AM-7977 2015-2017 Teamsters collective bargaining agreement (contract) E.AM-7980 Authorization for Mayor to sign a Settlement, Release of Liability, and Easement Agreement – 9232 183rd Place SW. F.AM-7981 Authorization for Mayor to sign an Agreement with Quiet Zone Technologies for the Wayside Horn project G.AM-7982 Interfund Loan Notification 4. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 5.ACTION ITEMS A.(30 Minutes) AM-7943 Closed Record Review of the Planning Board's recommendation to approve an application by Merlone Geier Partners to rezone a portion of a 9.1 acre property at the northwest corner of 220th Street SW and Highway 99. The property is currently zoned General Commercial (CG2) with the western half of the property encumbered by a contract rezone (R-02-90). The rezone request would remove the contract rezone and its restrictions on the western half of the property and leave the property under the CG2 zone. (File #PLN20150024). B.(15 Minutes) AM-7963 Discussion and potential action regarding Resolution adopting policy regarding Councilmember participation by speaker phone or other technology. 6.STUDY ITEMS 7.(5 Minutes) Mayor's Comments 8.(15 Minutes) Council Comments 9.Convene in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). 10.Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN Packet Page 2 of 259 AM-7950 3. A. City Council Meeting Meeting Date:09/15/2015 Time:Consent Submitted By:Scott Passey Department:City Clerk's Office Type: Action Information Subject Title Approval of draft City Council Meeting Minutes of September 8, 2015. Recommendation Review and approve meeting minutes. Previous Council Action N/A Narrative Attachment 1 - Draft Council Meeting Minutes. Attachments City Council draft Meeting Minutes for 9-8-2015 Form Review Form Started By: Scott Passey Started On: 08/19/2015 10:13 AM Final Approval Date: 08/19/2015 Packet Page 3 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES September 8, 2015 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Diane Buckshnis, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Thomas Mesaros, Councilmember Michael Nelson, Councilmember ELECTED OFFICIALS ABSENT Joan Bloom, Councilmember STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Scott James, Finance Director Kernen Lien, Senior Planner Jeff Taraday, City Attorney Linda Hynd, Deputy City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder ALSO PRESENT Ari Girouard, Student Representative 1. ROLL CALL Deputy City Clerk Linda Hynd called the roll. All elected officials were present with the exception of Councilmember Bloom. 2. APPROVAL OF AGENDA Mayor Earling requested Item G be moved to next week’s Consent Agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF SEPTEMBER 1, 2015 B. APPROVAL OF REISSUED CLAIM CHECK #215953 DATED AUGUST 31, 2015 FOR $13,930.96 AND CLAIM CHECKS #215954 THROUGH #216050 DATED SEPTEMBER 3, 2015 FOR $2,643,201.84. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #61766 THROUGH #61778 FOR $488,100.38, BENEFIT CHECKS #61779 THROUGH Packet Page 4 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 2 #61786 AND WIRE PAYMENTS OF $451,640.24 FOR THE PAY PERIOD AUGUST 16, 2015 THROUGH AUGUST 31, 2015 4. DISCUSSION WITH THE ECONOMIC DEVELOPMENT COMMISSION (EDC) Economic Development & Community Services Director Patrick Doherty explained when the EDC was revived by ordinance and codified in 10.75.010, it included a clause sunseting it at the end of 2015. The Council 2015 retreat included discussion regarding the future of the EDC which led to tonight’s discussion regarding the EDC’s achievements, role and purpose to date and its future. Mike Schindler, Chair, EDC, thanked Mr. Doherty for his work on the website. Six years ago the Council had the wisdom to set up a 17 member diverse of citizens to advise and recommend new strategies for economic development as well as to identify new potential sources of revenue resulting from economic development projects. At the time the City was facing economic shortfalls and in 2009 the Council passed Ordinance 3735 amending the City code and enlisted 17 volunteer citizens with diverse knowledge, experience, political viewpoints and networks to help the City reverse a declining stream of revenue. The relationship between the electeds and the appointed has not always been smooth but today is a new day. A focus on economic development and sustainability is always vital to a community regardless of shortfalls or surpluses. Chair Schindler explained tonight is a defining moment; the Council has several options to weigh and a decision to make. The Commission understands some would like to see the EDC dispersed, some would like to see the EDC continue and some would like it to break into smaller groups. The decision before the Council is whether to 1) extend the sunset clause and allow the EDC in its present form to continue its charge to help identify new sources of revenue and advise of ways to improve quality of life issues, 2) divide the EDC into smaller commissions each with a specific focus but limited visibility on how its small commission work fits into the overall economic development and workings of the City or 3) release the volunteers and sunset the EDC in a time when many are soliciting more input from its citizens. The members of the EDC believes it should continue as it is, a 17 member commission with diverse backgrounds and ideas who are willing to aid the City with exploring ideas and strategies that will enhance business, tourism and long range financial impacts for the City. He summarized the goal of the EDC’s presentation tonight was to impart the EDC’s history, value and accomplishments, answer questions and land on an agreed way forward in the next 30 days to continue or disband at year end. Mr. Schindler reported on the following: • What is economic development? o According to the International Economic Development Council, economic development is intended to achieve the following general objective: Improving the economic wellbeing of a community through efforts that entail job creation, job retention, tax base enhancements and quality of life. o Economic development in Edmonds can be defined as “the city’s goals, policies and strategies for growing the local economy in order to enhance the quality of life.” • Leadership Unites in 2009 o Resolution 1198 was the foundation for the CEDC, originating from the Citizens Levy Review Committee (group of 65) who recommended the formation of the CEDC o June 2009 Edmonds City Council passed Ordinance 3735 which chartered the Citizens Economic Development Commission o The goal: to get outside citizenry input on how to improve revenue to the city. o Advantages: Leverage knowledge base of Edmonds residents. • EDC role Packet Page 5 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 3 o Vision: “A City that has revenue adequate to provide a high quality of life for residents and support business.” est. 2010 o Mission: “To identify and ensure implementation of paths that increase revenue through effective economic development reflecting the values of our city.” o Empowered to ADVISE and make RECOMMENDATIONS to the Mayor and City Council (and other agencies) on NEW STRATEGIES, NEW SOURCES of revenue, and strategies for IMPROVING commercial viability and tourism. • EDC sets example balancing strengths to accomplish vision o 17 Members of the EDC o 3 appointed by Mayor o 2 appointed by each Councilmember o Diverse Backgrounds: city and county planners, engineering, law, journalism, lobbying, real estate, science, technology, business owners, etc. o Meet as a body on the THIRD Wednesday of each month from 6:00pm – 8:00pm – Open to the public o Each Commissioner is assigned a subgroup – they present to body each month on progress made toward developing recommendations/tasks/goals • What does our future look like? o QUALITY OF LIFE IS CONTINUALLY AT RISK o Communities are realizing that there is no such thing as a “static” or fixed economy, local economies are always changing. o Communities are impacted not only by local issues but by national and state economic cycles, competition from surrounding cities for desirable businesses, local and regional land use changes, residential and commercial real estate trends. o Sustainable Economy IS ALWAYS IMPORTANT o Successful communities acknowledge their past and allow for a vision for the future to guide them through changes needed to prosper. o Edmonds Economic Development Commission is focused on components of the vision with input from all stakeholders • EDC Commissioners provide value o Elected Chair Mike Schindler and Vice Chair John Rubenkonig provide overall leadership of the 17 volunteer commissioners. o Three active subgroups in 2015: Strategic Planning, Business District Enhancement, Tourism and Visitor Services (these aren’t codified subgroups – we can flex based on need or issue) o Serve as ambassadors between citizens and elected officials o Work closely with city staff, Planning Board, Port of Edmonds to vet ideas and dive deep into topics to assist council with recommendations • Volunteer commissioners helping Council try to achieve excellence o Reviewed and discussed major land use planning projects: Westgate, Firdale Village, Five Corners o Discussed merits of potential incentives to attract new development and retain existing o Identified highlights and benefits of Business Districts for use on city website o Discussed the merits of a year-round farmers’ market o Discussed and investigated commercial merits and viability of city fiber optic network o Hosted updates from Swedish, BID, Chamber of Commerce, Post Office Development, Senior Center, with goal to understand challenges and opportunities for our city • CEDC explores ways to grow revenue o Taxing our way to economic success on just incomes won’t work o Cutting services won’t sustain city coffers • Moving the City forward together in 2016 leads to victory Packet Page 6 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 4 o Leverage the 17 commissioner mindtrust to cross-pollinate, vet, and promote strategies that will enhance our economy o Work to enhance Tourism, explore ways to improve tax base, excise and sales tax o Revisit 5 Corners in light of council actions on Westgate o Add value to SAP when this is revisited in 2016 o Discuss Arts Corridor at 4th Avenue o Help promote Edmonds as a business location through commissioner networks o Vet the merits of hotels on Hwy 99 and boutique hotel downtown o And more… • Council has an opportunity to leverage citizen commissioners o CEDC is represented by each councilmember and the Mayor o 17 diverse members who can unpack issues as a group or in small groups but then bring them forward to see how they play into economic development as a whole o Area of Focus: Economic Sustainability o Objective / apolitical o Serves as ambassadors – gets pulse from community as well as elected officials and can cross-pollinate ideas and opportunities o Think tank with working group capabilities Mayor Earling thanked the EDC for their work, noting many admire the work the EDC has done over the past several works. Members of the CEDC present introduce themselves: Chair Mike Schindler, Vice Chair John Rubenkonig, and Commissioners John Dewhirst, Nicole Hughes, Darlene Stern, Darrol Haug, and Bruce Witenberg. Councilmember Buckshnis said the EDC has done a great job and she saw no reason for it to sunset. She supported activating the Tourism Subgroup again, noting they could have assisted Mr. Doherty with the 125th anniversary celebration. She was also interested in a downtown boutique hotel, relaying her understanding that the Harbor Inn is very busy. Vice Chair Rubenkonig, speaking for himself, said there is value in a term limit for the EDC to allow the Council to revisit the role of CEDC. He also favored more regular communication with Councilmembers and the Council as a whole. Councilmember Mesaros echoed Councilmember Buckshnis’ comments, that the EDC is doing a good job. There is value in a group of citizens discussing these issues, looking at opportunities and bringing things forward to be pursued by others. He would vote to have the EDC continue. He also echoed Councilmember Buckshnis’ comments about the need for another hotel close to the downtown core, relaying he has family members in town this weekend for his mother-in-law’s memorial service and the Harbor Inn is already sold out. Another hotel would be a nice feature in the downtown core. Councilmember Nelson thanked commissioners for their service on the EDC. He anticipated there had been some growth and changes in the six years the EDC has existed. He asked what other structural changes the EDC would like the Council’s guidance on. Commissioner Dewhirst answered one of the reasons the Tourism Subgroup took a hiatus was they have accomplished a lot, but a lot of the work was studying issues that did not go anywhere, such broadcasting weddings for people unable to attend the event. That still has great potential but no one wants to it take on. He also contacted several service groups seeking ideas/topics that could be pursued. The items that remain are big things. The subgroup has had an energy crisis/burnout and before tackling any of the big items, felt the issue of the sunset needed to be addressed so that the members did not waste their time if the EDC was sunseted at the end of the year. The most pressing items the subgroup has identified are related to infrastructure that supports tourism and visitors. Without power and/or money, the subgroup has been trying to get people excited about a topic, Packet Page 7 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 5 illustrate the benefits to the community and get someone to champion it. He compared it to a marriage counselor who introduces topics, tries to get people together and then bows out and lets other people take over. Commissioner Hughes echoed Commissioner Dewhirst’s comments with regard to productivity and output. Most commissioners enjoy the impact the EDC has on community and the potential to make a difference in the viability and sustainability of the community. Two work lanes that need better collaboration with the Council are, 1) things in the Strategic Action Plan (SAP) and 2) everything else – new ideas, think tank ideas that may need resources to move forward. She suggested establishing a stronger line of communication or process for pursuing new ideas. Commissioner Witenberg said he is one of three commissioners who have been on the EDC since its inception in 2009 and is very proud of its accomplishments. The Tourism Subgroup has done a tremendous amount of work including a report on downtown restrooms; it is his understanding the Lodging Tax Advisory Committee (LTAC) has appropriated some money for next year but other partners need to be identified such as the Business Improvement District who has expressed interest. The Tourism Subgroup did an extensive evaluation of a year-round farmers market; that is being pursued this year as a holiday market in November and December. The Business Subgroup has discussed various business incentives, some of which are not applicable in Edmonds but some may be useful in the study of Highway 99 and they would like to be involved in that process. Communication with Council is important and he suggested the role of the liaison be more clearly defined and he/she be encouraged to participate in conversations. Further, perhaps the Council as a whole could give direction to avoid the EDC hearing only what 1-2 Councilmembers would like to see happen. He suggested quarterly meetings with leadership of the EDC and Council and/or the liaison and the Economic Development Director. Commissioner Haug referred to the goal at the outset; a group of 65 people discussing how to make the City’s budget work. Due to budget shortfalls, economic activities were suggested as a way to increase revenue. The EDC’s first report to Council in February 2009 showed the City’s expenses would exceed revenues in 2013 by $400,000. Fortunately that did not occur but is anticipated to occur in 2015. During that time, the SAP was developed. The EDC is a participant in 13 elements in the SAP and have not finished that work. The City Council is the lead on major 3 items and a participant on 27 others items. Because the Council does not have staff, it may be helpful for the EDC to look at those items and help the Council understand citizen input. Councilmember Petso, liaison to the EDC, said she would be happy to participate more at meetings and she only needed permission to speak. She appreciated the definition of economic development as there are a variety of definitions. Another definition is providing the infrastructure for economic activity to occur. She hoped there would be discussion among the EDC about the definition and how it tracks with what is being done. She viewed the Hazel Miller Plaza as economic development; the City provided public infrastructure that increased business activity in that area and had a nice quality-of-life spinoff as well. She suggested that kind of economic development was probably something the community could get behind if everyone agreed that counted as economic development. The definition provided tonight began with job creation followed by job retention, tax base enhancement, and quality of life. She was uncertain whether tax base enhancement meant property tax or sales tax increases. Councilmember Petso said she was responsible for the suggestion about possibly splitting into three groups, financial planning, tourism, and business growth. The advantages she saw in splitting up the group were increased focus on tasks as well as improved transparency. One of the things the Council finds valuable is the ability to read about board/commissions’ discussions. If all the discussions occur in subgroups, there is no ability to read about the subgroup’s discussion. She anticipated separating the groups would highlight members’ focus and allow for more robust discussion. Packet Page 8 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 6 Council President Fraley-Monillas said she was not expecting a Council decision tonight. She urged the Council to think about the EDC long term and consider all the issues. When she met with Chair Schindler and Vice Chair Rubenkonig to discuss the EDC, it was clear there was a lack of communication between the Council and the EDC. Tonight’s meeting was intended to open up communication. She expressed concern with the number of staff assigned to EDC; the City has numerous boards and commissions, all with varying staffing levels. The City hired consultants to assist with newest board/commissions. Long term the Council needs to consider where resources are placed; she was uncertain assignment of three FTE to the EDC was beneficial to all boards/commissions as a whole. She also referred to burnout or project overload on the EDC and hoped that could be resolved. As the development of the SAP included a survey of Edmonds citizens, she felt the items in the SAP should be the EDC’s focus. Councilmember Johnson said she first met Bruce Witenberg at the group of 65 looking into a levy lid lift, which she, Mr. Haug and Councilmember Buckshnis were on and it was from that effort that the EDC was born. Initially Councilmember Buckshnis was the Council liaison and she was the liaison from the Planning Board and much good work was done. One of highlights of the EDC’s initial efforts was development of the SAP. She asked what role the EDC wanted to play in the SAP, whether it was just monitoring the City Council and EDC items or another role. Commissioner Stern referred to Councilmember Petso’s comments regarding breaking the EDC into smaller groups, pointing out business studies show that 50% of the value of the work is lost when a team is broken up, the advantage of familiarity is lost and the learning curve for each group is increased. Members new to one another do not understand when and how to communicate with each other. Breaking up a group reduces the value of what can be realized as a whole. Research also shows many teams struggle to tap the knowledge that each individual brings to the task because members don’t know who has what information and unearthing the knowledge can take time and effort. Innovative solutions typically come from new combinations of existing knowledge; this occurs when team members impart specific knowledge but also integrate isolated pieces of information with other members of the team. She found this true when she chaired the 4th of July Committee for the Chamber; she needed all aspects to participate to integrate seamlessly for continuity and performance. That is lost if the team is separated. Studies show it is more productive to keep a team together and that it results in a better outcome. With regard to Council President Fraley-Monillas’ comment about the number of people who participated in the development of the SAP, Commissioner Haug said 2,511 people participated, representing many different interest groups and geographies in Edmonds including high school students who were separately surveyed. The sample size for the polling was double what is necessary for +/- 5% accuracy. With regard to Councilmember Johnson’s question, Commissioner Haug recalled at their retreat, the Council established several subcommittees regarding topics the Council felt were important and some of the topics dovetail with the SAP. The EDC could assist the Council with those topics, several of which are in the SAP including developing ideas/choices for Council. He pointed out the SAP is divided into five basic strategies; within each are approximately 80 elements. Each of the strategies and subcomponents form a perfect foundation for public discussion. One of the Council’s interests expressed at the retreat was more two-way discussion with the public. There is an ideal opportunity to craft community involvement around those five strategies. The EDC could develop process to accomplish that, information that could covered in the conversations with the public, etc. in order to engage the full public in the SAP update. Councilmember Mesaros referred to Chair Schindler’s comment that this is a prime opportunity to begin thinking about Five Corners such as was done for Westgate. He asked whether consideration had been given to Perrinville or Firdale Village, relaying by chance he was in a meeting with the ownership of Firdale Village and they commented on possible opportunities there. It may be a prime time to have those discussions with the ownership. Chair Schindler said several commissioners have raised the issue of Packet Page 9 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 7 Perrinville and Firdale. The Business Enhancement Subgroup has identified the different business districts and attributes of each; that information will be available on the City’s website. However, without extending the EDC, many members are not willing to pursue long term strategies like Five Corners or Firdale Village. Leveraging the commission’s efforts requires quarterly or more frequent communication between the EDC and the City Council. As Commissioner Dewhirst mentioned, there are a lot of great tourism-related ideas but someone needs to own them. The EDC can function as think tank but there needs to be a flow of communication to determine what is important to the Council and the City as a whole and to avoid pet projects. Councilmember Buckshnis thanked Commissioner Stern for her about comments about teamwork and synergy, reiterating she did not support breaking up the EDC. She recalled in the early days, Councilmembers came to an EDC meeting. She suggested an EDC meeting be noticed as a Council meeting so Councilmembers could attend. She also recalled the EDC used to have a communication subgroup that provided quarterly updates to the Council. The early days of the EDC were quite exciting such as the UW study of Westgate and development of the SAP. Mayor Earling suggested the leadership of the EDC meet with Council President Fraley-Monillas, himself and possibly another Councilmember to follow-up on this discussion. Based on the theme of communication, he suggested beginning at the leadership level to discuss next steps. He also suggested scheduling another quarterly meeting in January. Council President Fraley-Monillas pointed out at some point the Council needs to determine whether to sunset the EDC and if it is not sunseted, what the Council sees as the EDC’s role. Councilmember Petso recalled a subcommittee was formed at the Council treat to discuss that. She asked whether that committee had met and would provide a report to Council. Mr. Doherty said it became a bigger issue and did not take the same shape/form as the other subcommittees which lead to Council President Fraley-Monillas’ meeting with the EDC leadership. There are several opportunities at a future study session to determine the direction the Council wants to take. Council President Fraley-Monillas suggested the Council as a whole have a discussion regarding the pros and cons of the EDC. She feared Councilmembers “getting into their corners” and not having a good, thoughtful discussion. Councilmember Petso offered to research who was on that subcommittee. Council President Fraley- Monillas said Council Assistant Jana Spellman has that information. Councilmember Johnson expressed appreciation for the EDC meetings she has attended; each member has made a valuable contribution. She pledged to meet with her two appointees to get more insight into the individual membership and suggested other Councilmembers do the same. Mayor Earling commented this group has done yeoman work for the community and that needs to be acknowledged. The best way to acknowledge it is to let the EDC continue and decide when to do another review. He commented the Saturday Market was very busy this past weekend, acknowledging it was partially the economy, and partially the market itself but more importantly it was the work of a lot people such as following through on major projects to attract people to Edmonds, new businesses that have been attracted. There is an energy and vitality downtown that did not exist five years ago, due in large part to many people standing up and trying to move the ball forward and bring success. That is an element of tourism as many of the people visiting downtown do not live in Edmonds and come for the Edmonds experience. The EDC has brought forward many of the ideas, if not specific ideas that have manifested themselves, but the collective energy that the community feels. He reiterated his commitment, as presumptuous as it might be, to schedule a quarterly meeting in January. Packet Page 10 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 8 Mayor Earling declared a brief break. 5. AUDIENCE COMMENTS Scott Blomenkamp, Edmonds, said following last week’s City Council meeting, he emailed Councilmembers the MRSC Mayor and Council handbook. He pointed out contrary to Council President Fraley-Monillas’ comment last week about the City Attorney’s ruling, the City Attorney does not make rulings, he provides opinion and counsel. He also pointed out this is a meeting for the Council, not the Mayor; the Mayor does not make motions and he does not adjourn the Council meeting. A motion from the Council is required to adjourn the meeting. He questioned why the City was paying $41,000/month to a law firm that provides a substitute that cannot answer direct questions about the City’s code after being the City’s counsel for four years when it takes about 30 seconds and 8 mouse clicks to find the code and read it. Jess Grant, Edmonds, relayed the story of Lac-Mégantic. On July 6, 2013, engineer Thomas Harding parked his freight train unattended on the main line near the small town of Nantes Quebec. He left the first of five locomotives running to feed the air breaks and caught a taxi into town for the night. Minutes later, the running locomotive caught fire and firefighters were called. They turned off the locomotive, put out the diesel fire and returned to the station. At 12:56 a.m. the air brakes gave out and the train, and 72 cars of crude Bakken oil began to roll downhill towards to Lac-Mégantic, seven miles away. The train gathered momentum and entered the small town at more than 60 mph. At 1:14 a.m. the train derailed where the tracks crossed Main Street. People at a local bar saw the tank cars jump the tracks and fled the scene as a blanket of oil generated a huge ball of fire. Tank cars ruptured and exploded as more than two million gallons of crude oil escaped along the train’s trajectory downhill toward the lake and through Lac- Mégantic’s historic downtown district. Heat from fire was felt over a mile away. Blazing oil flowed over the ground and entered the town’s sewer system, emerging later as geysers of fire that spouted from manholes and sewer grates. Not everyone escaped what survivors describe as a tsunami of fire. Firefighters described the scene as a war zone; the fire was contained by late that afternoon. The local hospital anticipated a large number of casualties but received no seriously injured patients as there were no wounded, they were all dead. A total of 42 bodies were recovered and identified, 5 people remain missing and are presumed dead; 2,000 citizens were evaluated, 30 buildings were destroyed and 115 business displaced, the municipal water system was shut down and even today downtown continues to undergo decontamination. He asked what the Council was doing to ensure that Edmonds did not become the next Lac-Mégantic. Laura Johnson, Edmonds, explained her job as parent was to raise her children by providing a loving and nurturing home, to ensure they were educated and have the tools to be productive members of society and to do her best to protect them and keep them safe and healthy, a description she also applied to school districts. Lately more of her energy has gone into protecting, she has been fighting to protect the health of her children, the environment and the community from unnecessary and easily avoidable toxins and carcinogens found in crumb rubber infill. Sometimes doing our job and serving those we are responsible for requires doing things we’re not comfortable with, making hard choices, including keeping children from a sport they love to protect their health, confronting a fear of public speaking and standing up to school districts, point out wrongs and insist that corrections be made or take measures that risk relationships in order to provide protection. Ms. Johnson relayed that has learned most Councilmembers prefer an alternative, non-toxic infill on the new fields; however, like her, they have been unable to influence the school to make a change. The Council is charged with serving and protecting the citizens of Edmonds and unlike her, have other resources at their disposal to protect citizens and the environment. She urged the Council to use them. Some Councilmembers have stated the Council needs to sign the ILA in order to ensure protection in the Packet Page 11 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 9 future. A ban on crumb rubber would provide protection. Close to 1000 petition signers have asked for that protection. Signing the ILA means the City has partnered on something many citizens oppose due to fears that it is a health hazard and known environmental pollutant. By signing the ILA, the Council is subjecting the City to future liability but not protecting the community. One Councilmember said let the state take care of it, sign the ILA and move on. She questioned why there was a City Council if citizens could not count on them to protect the community. She questioned whether the Council had done everything to protect citizens from the breathable dust that will be produced which contains 11 known or probable carcinogens and 20 toxins and irritants. The City had a chance to be proactive and prevent environmental contamination; more could have been done to prevent unnecessary toxic exposure to developing children and to provide protection by insisting on safe and healthy playfields in Edmonds. Most schools and municipalities are now doing just that; in most communities this is not a controversial issue, they are simply making a prudent decision to choose safer alternatives for their fields. Instead, for the Edmonds School District and Edmonds, it has turned into a political game. She urged the political game be put aside and do the right thing because the community deserves much better. Darrol Haug, Edmonds, explained trees provide shade and oxygen but they also block views, fall down on streets and can injure people. He recalled his involvement with a homeowners association where 200 dying trees on Main Street were taken down after 16 fell. The area was re-landscaped and won an award from Edmonds in Bloom. During the past year he reported to the City that ten additional trees lying over the street on utility lines should be addressed. Of the ten trees he identified, two have fallen prior to the most recent windstorm. The remaining eight are leaning further toward the street. It is nearly impossible to determine from the City’s website how to deal with dangerous trees due to the “save the tree mentality” and “don’t take it down unless it’s going to kill somebody” but there is no good process in the code for removing trees. He visited the Tree Board and asked to talk about safety and trees; they were not interested, stating that was not their job. He suggested as the Council looks at the role of boards and commissions, some of the roles be expanded, such as the Tree Board to look at all the elements of trees not just the nice things like shade and oxygen but also the dangerous aspects. He relayed seeing two trucks hit trees hanging over the street, one at 7th & Main and the other at 5th & Main. 6. STUDY ITEMS A. AMENDING ECC 8.48, ADDING COLUMBUS DAY AS A HOLIDAY FOR PARKING ENFORCEMENT Police Chief Al Compaan explained this is an amendment to ECC 8.48 to add Columbus Day as holiday for parking enforcement zone. This issue arises with some regularity; Columbus is an observed federal holiday but is not an observed local holiday. Overtime parking enforcement on Columbus Day has generated complaints in the past and at least one Councilmember fielded a complaint. An easy fix is to declare Columbus Day a holiday for the purposes of parking enforcement. Council President Fraley-Monillas said she fielded a complaint from citizen who received a ticket for overtime parking on Columbus Day. She requested Council consider this amendment. It was the consensus of the Council to schedule approval on next week’s Consent Agenda. B. REPORT ON FINAL CONSTRUCTION COSTS FOR THE ANNUAL SEWER REPLACEMENT PROJECT - PHASE 2 Public Works Director Phil Williams explained issues were encountered with the original scope of the project due to sandy soils on Dayton. Various options were considered and a decision was ultimately made that not enough information was available and that scope was removed from the project and an end to the project was negotiated with the contractor. A total of six change orders, some additions and some Packet Page 12 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 10 reductions, resulted in a contract approximately $277,000 lower than the Council original authorized. Staff is seeking Council approval to close out the contract. It was the consensus of the Council to schedule approval on next week’s Consent Agenda. C. PUBLIC WORKS QUARTERLY PROJECT REPORT Public Works Director Phil Williams relayed all projects are moving forward; the phase the project is in can be found in the second column from the right and comments in the last column on the right. Councilmember Petso relayed a question she received today about tires in the water under the fishing pier, noting the Council has learned a lot recently about tires whether shredded, crumb or deposited whole. She asked whether the fishing pier rehabilitation project will include removing those tires. Mr. Williams answered that is not in the scope of project. Councilmember Petso asked if the scope could be changed to add that and was there a reason for not removing the tires. Mr. Williams answered anything could be added to a project with additional resources. That project is tightly budgeted; the $190,000 design phase was supported by Washington Department of Fish and Wildlife. Construction costs of over $1 million do not include removing the tires. Some of the work included looking the pier supports; those examinations have already been done via a boat and a diver doing a condition assessment on the piers below the water level. Councilmember Petso asked if he had any idea of the cost or how hard it would be to look into. Mr. Williams offered to talk with Jim Stevens and Carrie Hite who are most familiar with that project. He summarized no one has looked at that and it would require a diver. Removing the tires may be an opportunity for volunteer divers. Councilmember Buckshnis observed the report indicates the spray park will be completed September 2015. Mr. Williams relayed it is still hoped to have it open this year; the project has taken longer than anticipated and is about 40% complete. Public Works is managing that project for the Parks Department. If the weather holds, Parks hopes to have an opening this year. Council President Fraley-Monillas pointed out there are tires in the dive park, on the ferry dock, on many boat docks as well as the fishing pier. Before it is assumed the tires need to be removed from the fishing pier, she suggested talking with Department of Ecology (DOE) or other group about why tires are used in these various applications. She clarified the tires were placed around the fishing pier, not thrown in the water. Mr. Williams said that used to be a fairly common practice, building artificial reefs by chaining tires together and putting them in the water. The tires are populated by sea life as they were intended to do. Whether in hindsight and with the current science that was a good idea was unclear. Council President Fraley-Monillas suggested he confer with Ms. Hite about contacting DOE. Mr. Williams agreed. Councilmember Mesaros agreed with Council President Fraley-Monillas’ suggestion to determine why the tires were put in place in the first place, what the strategy was and the latest thinking. He suggested volunteers from the active dive community could inventory the tires. He questioned how the tires would be disposed of if a decision was made based on sound judgement to remove the tires. Mr. Williams said it may be determined the tires are doing exactly what was intended; colonization of smaller organisms which smaller fish feed off and larger fish eat the small fish, etc. D. PRESENTATION OF A SETTLEMENT, RELEASE OF LIABILITY, AND EASEMENT AGREEMENT – 9232 183RD PLACE SW Public Works Director Phil Williams explained this agreement has been in the works for quite some time, approximately 30 acres of the City drains through this property owner’s side yard. Some of the drainage comes from City streets and a great deal from private property; during large events it has caused damage to his driveway and raising concerns about the structural integrity of his driveway and side yard. Staff Packet Page 13 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 11 negotiated an agreement with the property owner in lieu of him filing a lawsuit in an attempt to settle any claim with the City. The City worked with a consultant to design a remedy; most of it will exist on private property but will connect to the City’s stormwater system in the street. The property owner will hire a contractor to build it, the City will inspect it and as long as all the improvements are built in accordance with expectations, the City will pay the property owner for the City’s portion of the project and he will release the City from future liability and maintenance on the improvements that will be on his property. Staff worked with the City Attorney’s office on the agreement; it is a good resolution, keeps costs down to the City and the homeowner. Councilmember Petso asked if this would ordinarily be discussed in executive session instead of in open session. Mr. Taraday answered there is no ordinary as this is a fairly unusual agreement. Mr. Williams said this is the first agreement of this type. Councilmember Petso said the design is for a 25-year storm event; her understanding is a 25-year storm event occurs far more frequently than every 25 years and a bigger storm event such as a 100-year storm even could occur. She asked whether the property owner was okay with designing for a 25-year storm event. Mr. Williams answered yes, and that is the proper level of design, the same that most of the City’s storm system is designed to. Designing to 100-year storm events the pipes become enormous, the basins are huge and it is not cost effective. The latest data was used in calculating the design for a 25-year storm event and a fair amount of conservatism is built in. In addition, some of the upstream drainage has been rerouted in another direction which should lessen the load on this channel by a noticeable amount. He was confident what was designed would be successful. It was the consensus of the Council to schedule approval on next week’s Consent Agenda. E. INTRODUCTION OF PLANNING BOARD RECOMMENDATION ON CRITICAL AREA REGULATIONS Senior Planner Kernen Lien explained review of the critical area regulations began in late 2014. In June he provided a precursor of some items being discussed by the Planning Board. Over the past year, the Planning Board has reviewed the critical area regulations over five meetings and at their July 22 forwarded a recommendation to the City Council. Tonight is an introduction; because the critical area regulations can be technical, another work session in scheduled in two weeks followed by a public hearing. Aaron Booy, ESA, advised Jim Keany, ESA was also present tonight to answer questions. They have been supported by a geologist with the Stratton Group. He reviewed the background and purpose • GMA (1990) requires identification, designation, and protection of critical areas • Purpose of the CAO (CAO) is to protect: o Natural environment o Public health and safety o Once lost, function and value of critical areas very difficult to restore. • Existing CAO –established from comprehensive update in 2004 and 2005 He described what critical areas are: • Frequently flooded areas • Geologically hazardous areas o Landslide, erosion, seismic hazards) • Fish and wildlife habitat conservation areas (FWHCAs) o Streams o Habitat for listed and sensitive fish and wildlife species o Lakes < 20 acres • Wetlands Packet Page 14 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 12 He reviewed how the CAO protects critical areas: • Prohibiting, limiting and/or allowing certain activities • Requiring buffers or setbacks around critical areas o Landslide and erosion hazards o Wetlands o FWHCAs (streams) • Requiring avoidance and minimization of impacts • Requiring mitigation sequencing for impacts o Avoidance o Minimization/reduction o Rectification o Compensation (for unavoidable impacts) o Monitoring He described the CAO update process: • GMA requires cities to update CAOs on the same 8-year Comprehensive Plan update timeline • Consideration of Best Available Science (BAS) • Revise code o Public participation and review  July 22: Planning Board recommended update  Today: City Council review process initiated • Adopt revised Code He described what BAS is: • Research and guidance o Conducted by qualified individuals o Documented methodologies o Verifiable results and conclusions • Published bibliographies; state guidance; primary research publications • 1995 Amendment to the GMA requires consideration of “best available science” for protecting critical areas Mr. Booy reviewed the BAS Review and Update: • BAS addendum (March 2015) o Companion to 2004 BAS Report (EDAW) o Focused on new science and guidance in last decade • Wetlands o Delineation and rating o Buffer approach o Alternative mitigation strategies; mitigation guidance • Floodplains o Climate change o Coastal flood zones • Geological hazardous areas o North Edmonds Earth Subsidence and Landslide Area Summary Report (Landau 2007) o Newly available LiDAR data • FWHCAs o Buffer approach o Habitat connectivity Packet Page 15 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 13 Mr. Lien referred to Exhibit 2, 2015 BAS addendum and Exhibit 5, BAS and Gap Analysis Matrix. He reviewed revisions to the CAO: • Geologically hazardous areas o Revising how landslide hazard areas are defined o Updating geological report requirements o Setbacks and buffers determined by geotechnical report • Wetlands – ECDC 23.50 o Updating delineation manuals o Revising Wetland Categories Consistent with latest criteria o Buffer widths being revised consistent with Ecology’s guidance for small jurisdictions (Ecology Publication #10-06-002) o Mitigation Ratios per Ecology guidance (Ecology Publication #10-06-011) o Stream and wetland buffer reduction  CAO allows buffer reduction via buffer reduction or buffer averaging  Current code allows buffer reduction to be combined with buffer averaging  New code does not allow them to be combined, only one allowed with buffering averaging preferred • Small Isolated Wetlands (changed from exempt wetlands) o ECDC 23.50.040.J o Based on language in the Guidance for Small Jurisdictions o Category III and IV wetlands less than 1,000 square feet o Exempt from buffer provisions o Not subject to avoidance o May be altered if lost functions are replaced o Added habitat score He identified changes proposed to ECDC 23.90.040.C • Requires retention or establishment of a minimum of 30 percent native vegetation on undeveloped or redeveloped property within the RS-12 and RS-20 zones due to the prevalence of critical areas in those zones • Similar to a King County provision that was struck down by the courts (Citizens Alliance for Property Rights v. Sims) • Provide more definition to specific habitat features to be retained o Indigenous species o Native trees of 10 inches dbh make up more than 70% canopy coverage • Provisions may be waived for properties that do not support native vegetation Mr. Lien explained Edmonds was developed in a large part before any critical area regulations or environmental regulations were adopted. He provided an aerial image of a stream between two houses and a photograph of the actual stream, noting this situation exists throughout the City. This particular stream came to staff’s attention when a house two parcels away from the stream was prevented from constructing an addition because it was within the stream buffer. He recalled 1-2 years ago the Council considered an interim ordinance regarding physically separated and functionally isolated buffers and development within the developed footprint. The ordinance stalled at the Planning Board and was put on hold anticipating the critical areas update. He reviewed a new section within Allowed Activities, ECDC 23.40.20.C.4 that would allow development outright on: • Site separated from a critical area by legally established roads, trails and structures 12 feet or more in width may be physically separated and functionally isolated • The director may require a site assessment by a qualified professional to make the determination Packet Page 16 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 14 He described changes with regard to development within the previously developed footprint: • Allow development within the legally established footprint of development • “Footprint of Existing Development” definition 23.40.320 o “The area of a site that contains legally established buildings, concrete, asphalt, gravel, paved roads, parking lots, storage areas or other paved areas, driveways, walkways, outdoor swimming pools and patios.” • Site new development as far away from critical area as possible • Enhancement required at a ratio of 1:1 Using the photograph and aerial image he described a hypothetical addition of a 600 square foot garage on the graved area adjacent to the stream, noting it would meet the definition of a previously developed area. The addition would require a 600 square foot enhancement of the stream buffer. The intent of the footprint of existing development was to have critical areas enhanced. In this instance if the 75 foot buffer was strictly applied and no development was allowed, the stream buffer would not be enhanced. The addition would not cause any more harm and allowing some development in the previously developed footprint would improve streams and wetlands throughout the City in the long run. He reviewed changes to the code regarding additions: • Additions to existing structures within a buffer that increase the footprint of development • Outside the inner 25% of buffer o No more than 300 square feet addition within the inner 50%  Mitigate at a ratio of 3:1 o No more than 500 square feet additional within the inner 50%  Mitigate at a ratio of 5:1 He described changes regarding frequently flooded areas: • Currently regulated by building code Title 19 ECDC • Include new flood zones (Zones V and VE) • Amend ECDC 19.00.025 requiring structures within the coastal flood hazard zones to be constructed two feet above base flood elevation o New FEMA flood zone map expands the flood zone along within the waterfront area o Natural Resource Council 2012 study predicts an average sea level rise of 2 feet by 2100. He commented on height implications of the requirement for structures to be constructed two feet above the base flood elevation: • Requiring structures to be constructed above the base flood elevation will impact overall allowable height as allowed by zoning • Maximum allowable height is measured from an average level of undisturbed soil • Modified definition of height in ECDC 21.40.030 so structures within the coastal flood zones measure height from two feet above base flood elevation New section added to critical area regulations: • ECDC 23.40.215 - Critical areas restoration projects o Provide relief from standard critical area buffer for restoration projects that is not required as mitigation for a development proposal o Restoration project involve:  The daylighting of a stream, or  Creation or expansion of a wetland that would cause a landward expansion of the wetland and/or wetland buffer Packet Page 17 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 15 He described restoration project relief: • May apply a buffer that is not less than 75% of the standard buffer to the restoration project boundary • Request a buffer between 50% and 7% of standard buffer if: o 75% buffer would significantly limit use of the property o Minimum necessary to achieve restoration project o There will be a net environmental benefit o Granting relief is consistent with the purposes of the critical area regulations Mr. Lien reviewed next steps: • Comments from state and tribal agencies (Commerce, Ecology, WDFW) • September 22 City Council work session • October 6 City Council public hearing • Consideration for adoption Councilmember Buckshnis commended Mr. Lien on his presentation. She asked him to describe the relationship between the Shoreline Management Program (SMP) and the Critical Areas Ordinance (CAO). Mr. Lien explained the CAO is an outgrowth of the Growth Management Act (GMA) and the SMP is an outgrowth of the Shoreline Management Act (SMA); the two do not mesh. Within shoreline jurisdiction, 200 feet from the ordinary high water mark, the SMA rules; outside that area, the CAO rules. He recalled during the SMP update, certain areas of the existing critical area regulations were excepted out and provisions included in the SMP. One of the main provisions was regarding wetlands and Ecology requested the Guidance for Small Jurisdictions be included. Ecology is in the process of reviewing the City’s SMP and are about to send comments to the City. This CAO update addresses a lot of Ecology’s concerns with the CAO. As changes are considered for the SMP, he suggested incorporating the updated CAO. Councilmember Buckshnis asked if BAS addresses temperature change. She referred to a newspaper article by King County Councilmember Larry Phillips regarding how the increase in stream temperature affects fish, habitat, etc. Mr. Lien answered one of the functions of stream buffers is to provide shade. Mr. Booy agree with Mr. Lien, ensuring buffers are adequate to provide a forested canopy that provides adequate shade to the stream is the primary consideration. That was considered when the City’s buffers were evaluated against buffer guidance within BAS. The fact that Edmonds is a built out urban area, ensuring residents are able to use their property and not creating a lot of nonconforming structures must be balanced with BAS and guidance for providing riparian habitat along streams. They concluded the stream buffers in the City’s existing regulations are adequate for providing an adequate, relative large buffer, 75 – 100 feet for streams with salmon. Councilmember Buckshnis referred to the mitigation approach and things the director can require and asked if that director is Shane Hope. Mr. Lien answered yes, it refers to the Development Services Director. Councilmember Buckshnis observed the review is administrative and asked if ever reaches the legislative level. Mr. Lien answered not usually, an appeal of a critical area variance application could come to Council on a closed record review. Councilmember Petso pointed out the BAS document does not seem to support the physically separated and functionally isolated exception and in fact on page 6 it admits it does not support it. She asked staff and the consultant to show where the science supported that type of exception. Her interpretation of the science was that bigger buffers were better and when there were imperfect buffers, the buffer should be even larger. Mr. Lien read from page 6, in highly developed communities such as Edmonds, standard buffer widths may be difficult to achieve. As noted in the 2014 BAS report, many streams and wetland buffers extend into residential yards that have been previously developed and provide limited function in Packet Page 18 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 16 terms of wetland protection. Furthermore, some buffers are substantially developed and contain impervious surface in commercial and residential areas. While not explicitly stated in BAS and buffer guidance documents, a scientific judgment of these areas would conclude that they do not provide the same function and value as a vegetated or undeveloped buffer due to physical separation. Mr. Lien pointed out one of issues with BAS is where it was conducted. In large part buffer studies are conducted in areas where buffers actually exist such as rural areas. There is no specific peer reviewed study that looked at a physically separated and functionally isolated buffer but a buffer is something that’s adjacent to a critical area and provides value. When it is physically separated and functionally isolated, by definition, it is not providing those values. He concluded the BAS report does address physically separated and functionally isolate buffers. Critical area regulations need to be balanced with the reality on the ground. Councilmember Petso referred to the in-lieu-of fee for mitigation, finding the BAS report more or less says that doesn’t work and provides a lot of examples where it has failed. She asked why that would be started in Edmonds. Mr. Lien disagreed the BAS report said that; what fails with regarding to mitigation is requiring mitigation on sites that are not appropriate for mitigation. The fee in lieu of would allow off site mitigation. Washington State Department of Ecology established wetland banking for offsite mitigation, basically a fee in lieu of program, State sponsored banks, where an enhanced wetland is created and credits established and development at another location can buy credits for that bank. Councilmember Petso asked if any the methods allowed mitigation to occur outside the City. Mr. Lien said no, offsite mitigation should occur within same drainage basin. In the example of wetland banks, it could occur outside the City but the likelihood of that happening was slim because wetland banks are usually set up within a certain basin. Edmonds was not likely to be in the service area of one of the larger banks. Councilmember Petso referred to Table XXI regarding proposed new buffer widths where the buffer is based on the category and width is added based on habitat values. She asked why some pages were not included in the ordinance. Mr. Lien clarified she was referring to the Guidance for Small Jurisdictions which was not included in the Council packet. Table XXI lists a number of wetland types; Category 1 wetlands include bogs, natural heritage wetland, forested wetland, none of which exist in Edmonds. The only Category 1 wetland identified in the 2004 BAS is the Edmonds Marsh which is an estuarine wetland. Councilmember Petso said it appeared it may apply to the marsh. Mr. Lien agreed that was the only Category 1 that applied to Edmonds and it could be added. Councilmember Petso observed the buffer is 150 feet which is significant different if that section is not included. Councilmember Petso referred to incentives for critical area restoration and asked whether other cities have done that successfully. Mr. Lien answered not that he was aware of. He based that on the SMA provisions and not wanting to discourage a restoration project. He clarified that is not for mitigation projects required for development but rather something that is being because someone wants to do a restoration project. Councilmember Petso expressed concern it may not be written as tightly as it should; for example it appeared if she agreed to expand a wetland near her property by one inch, she automatically got a 75% reduced buffer which did not seem to match the intent. Mr. Lien offered to research. Councilmember Nelson referred to page 5 of the Gap Analysis Matrix, 23.40.220 Allowed Activities and removal of invasive species, where it is proposed to add, “the application of herbicides, pesticides…or other hazardous substances, if necessary…” He asked the rationale for adding that. Mr. Booy answered per WDFW, Ecology, and King County guidelines for controlling invasive species, some are noxious and persistent enough that chemical treatment is the recommended and preferred strategy such as Japanese Packet Page 19 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 17 Knotweed, Canary Grass, and Himalayan Blackberry. There are very tight guidelines regarding how herbicides are applied to complete maintenance activities such as ensuring the herbicides are safe within an aquatic environment. Councilmember Nelson asked whether the invasive species is more harmful than the herbicide. Mr. Booy answered there is a balance; looking at the long term health of the system, if the invasive species can be replaced with a native, forested community a lot more habitat value is provided. Focused on habitat functions of the system, there is a reasonable expectation that there would be long term good as long as the invasive species removal activities are consistent with available guidance. Councilmember Nelson referred to page 24 of the Gap Analysis Matrix where the bald eagle is removed because it has been delisted from the Endangered Species Act. He noted one of the things that nearly wiped out bald eagles was pesticides. There is no reference to state and federal regulations that require conferring with WDFW if development is done within 660 feet of a nest. Mr. Lien explained in the existing code the bald eagle section 23.90.040 was specifically related to endangered, threatened and sensitive species; the bald eagle no longer falls into that category. The regulations no longer apply since the bald eagle was delisted. Councilmember Nelson referred to the WDFW website which stated although the bald eagle is no longer listed as state threatened specifies, it is still remains classified by WDFW as a state sensitive species and because they are still vulnerable and may continue to decline, cities and counties may continue to protect eagles under local critical area rules pursuant to the GMA. Mr. Lien agreed the City had that option. There used to be 3-4 nests in Edmonds; in the past when development was proposed within that area, developers were referred to the State for regulation. Since the bald eagle was delisted, this section of the code has not been applied. Mr. Booy offered to research, noting in projects outside of Edmonds they have looked at eagle nests through the WDFW requirements for certain kinds of activities such as pile driving. Mayor Earling suggested Councilmembers refer any substantive questions to Mr. Lien prior to the next work session. Councilmember Mesaros suggested Council be provided the Washington State Noxious Weed Control Board’s list of noxious weeds. He asked if there were other lists of noxious weeds. Mr. Lien explained the noxious weed list the City uses is the Snohomish County Noxious Weed Board’s list because the State Noxious Weed Board delegates to the County. With regard to the bald eagle, Councilmember Mesaros suggested the code refer to the State regulations. Mr. Lien encouraged Councilmembers to contact him with any specific issues they want addressed at the September 22 meeting. He will provide additional information regarding bald eagles and restoration projects. Council President Fraley-Monillas encouraged Councilmembers to refer questions to Mr. Lien as only 60 minutes is scheduled for this item on September 22. F. PRESENTATION OF AN AGREEMENT WITH QUIET ZONE TECHNOLOGIES FOR THE WAYSIDE HORN PROJECT Public Works Director Phil Williams explained the City solicited Requests for Qualifications/Proposals and received three responses. A selection committee reviewed the responses and recommends Quiet Zone Technologies as the preferred vendor. This is a professional services agreement as well as a design/build. QZT will do the design of a trackside warming system at Dayton and Main Streets, a highly directional sound generator that mimic railroad horns but in a small footprint that does not spread to the community and reduces the footprint of the noise. It will be a welcome addition to Edmonds for anyone who lives or recreates near the railroad tracks. The agreement for approximately $208,000 includes a management reserve which can only be used by the vendor if specific tasks are authorized by the City. QZT’s portion of the contract is approximately $189,000 split between the design and construction phases. The 2015 Packet Page 20 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 18 budget includes approximately $55,000 for design and there is slightly over $40,000 in the contract for design. The 2016 budget will include $300,000 for this project. The exact cost will be determined once the design is complete. There will be additional costs beyond what QZT can provide because the first task is Design Team Review, a meeting with BNSF, Federal Railway Administration, WSDOT and the City to figure out how this will work. There will be a cost for BNSF to integrate the wayside horn into their existing system and those costs will be passed onto this project. Those costs are unknown until the design is completed. Councilmember Mesaros observed there is $300,000 in the 2016 budget; both the horns and the design are estimated at $208,000. Mr. Williams agreed. It was the consensus of the Council to schedule this on next week’s Consent Agenda. G. 2015-2017 TEAMSTERS COLLECTIVE BARGAINING AGREEMENT (CONTRACT) This item was moved to next week’s Consent Agenda. 7. MAYOR'S COMMENTS Mayor Earling invited Council and the public to the burial of a time capsule on Saturday at 11:00 a.m. at the Historical Museum Plaza. Holy Rosary’s 4th grade class determined what to include in the capsule. The official ribbon cutting for the Cascadia Museum at Salish Crossing will occur on Saturday at 9:45 a.m. 8. COUNCIL COMMENTS With regard to dangerous trees, Student Representative Girouard explained she lives on Edmonds Way and trees in their yard could potentially fall onto Edmonds Way. She recalled her family returning home after a weekend away to discover one of the big evergreens in their backyard completely gone. They still have no idea what happened to it. Councilmember Nelson announced a 9/11 ceremony at Fire Station 17 on September 11 at 9:11 a.m. Councilmember Petso recalled a question she asked last week arose again tonight, whether crumb rubber could be banned from public property in Edmonds and whether the ban could be retroactive. She noted the City Attorney answered this via email and said it may be attorney-client protected unless asked in open session. City Attorney Jeff Taraday responded the answer is somewhat dependent on whether crumb rubber is in fact harmful. If crumb rubber is in fact harmful, then yes, the Council can ban it because the City Council is entitled to protect citizens from harm, which is what the police power is for. If crumb rubber is not harmful, then banning it would potentially be seen by a court as an arbitrary regulation that is unduly burdensome. He did not have enough knowledge to know whether crumb rubber was harmful or not so it was difficult for him to say definitively that it could or could not be banned. Mr. Taraday commented those who have expressed concern with crumb rubber seem to acknowledge they cannot prove that it’s harmful but feel certain there is enough smoke that one day they will be able to prove there’s fire. Assuming that for the sake of discussion there is probably a good argument to be made that the City Council could, from a police power standpoint, ban something that may in fact down the road be proven to be harmful without being able to show definitively that it is in fact harmful today. Mr. Taraday explained the difficulty with retroactivity is that crumb rubber exists in a lot of places in Edmonds, certainly around the Puget Sound area and the United States it is the industry standard. Nearly every college, professional and high school football teams play on crumb rubber. To impose a ban Packet Page 21 of 259 Edmonds City Council Draft Minutes September 8, 2015 Page 19 retroactively the Council would probably need to demonstrate more than just the possibility that it could be harmful because a retroactive ban that forced someone to remove crumb rubber from existing locations would be have a much greater burden on those who are currently using crumb rubber than a prospective ban would. The courts would look at that and ask whether that is an unduly burdensome regulation and to overcome that hurdle, the Council may need to demonstrate a much greater risk of harm from crumb rubber than it would with a prospective regulation. Supposing crumb rubber cannot be proven harmful to human health at this time, Councilmember Petso asked whether a ban could be substantiated with regard to the environment or does the Council’s police power extend only to human health. Mr. Taraday answered the police power definitely extends to the environment as well. Council President Fraley-Monillas said the Council could technically ban crumb rubber on any City owned land and not bring up any appeal issues. Mr. Taraday answered if it was only on City owned property and City projects, the Council was not regulating in the same way as telling others what they can do. Council President Fraley-Monillas said the resolution regarding Councilmembers’ participation by phone will be on next week’s agenda. The delay has been to allow research into who has called in, dates, length of participation, etc. To Jess Grant who commented on the tanker accident in Lac-Mégantic, Canada, Council President Fraley-Monillas said she participates on King County Executive Dow Constantine’s Safe Energy Leadership Alliance (SELA). They have sent letters to the United States Army Corp of Engineers, the Lummi Nation, and others. regarding oil and tankers. SELA brought together more than 165 state, tribal and local elected officials from five states and British Columbia to raise awareness of the scope of the health, safety, economic, cultural, and environmental impacts of coal export and oil transport proposals across the region. SELA is meeting in two weeks in Vancouver. On September 17 there will be a coal train alliance meeting in the Plaza Room. 9. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 10. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:51 p.m. Packet Page 22 of 259 AM-7983 3. B. City Council Meeting Meeting Date:09/15/2015 Time:Consent Submitted For:Scott James Submitted By:Lori Palmer Department:Finance Review Committee: Committee Action: Type: Action Information Subject Title Approval of claim checks #216051 through #216144 dated September 10, 2015 for $190,455.04. Approval of replacement payroll check #61787 dated September 4, 2015 for $2,421.75. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Attachments 09-04-15a payroll summary 09-04-15 payroll benefit summary 09-04-15 payroll summary 09-10-15 Accounts Payable Voucher Listing Form Review Inbox Reviewed By Date Finance Scott James 09/10/2015 01:30 PM City Clerk Linda Hynd 09/10/2015 02:10 PM Mayor Dave Earling 09/10/2015 03:13 PM Finalize for Agenda Linda Hynd 09/10/2015 04:30 PM Form Started By: Lori Palmer Started On: 09/10/2015 08:07 AM Final Approval Date: 09/10/2015 Packet Page 23 of 259 Payroll Earnings Summary Report City of Edmonds Pay Period: 801 (09/03/2015 to 09/03/2015) Hours AmountHour Type Hour Class Description SICK LEAVESICK121 3.00 86.87 VACATIONVACATION122 9.00 260.65 REGULAR HOURSREGULAR HOURS190 77.00 2,229.98 OVERTIME-STRAIGHTOVERTIME HOURS210 3.00 89.67 OVERTIME 1.5OVERTIME HOURS220 4.00 179.34 OVERTIME-DOUBLEOVERTIME HOURS225 8.00 478.23 Total Net Pay:$2,421.75 $3,324.74 104.00 09/10/2015 Page 1 of 1 Packet Page 24 of 259 Benefit Checks Summary Report City of Edmonds Pay Period: 755 - 08/16/2015 to 08/31/2015 Bank: usbank - US Bank Direct DepositCheck AmtNamePayee #DateCheck # 61779 09/04/2015 epoa EPOA-1 POLICE 1,173.00 0.00 61780 09/04/2015 epoa4 EPOA-4 POLICE SUPPORT 117.00 0.00 61781 09/04/2015 jhan JOHN HANCOCK 1,028.10 0.00 61782 09/04/2015 flex NAVIA BENEFIT SOLUTIONS 901.00 0.00 61783 09/04/2015 cope SEIU COPE 52.00 0.00 61784 09/04/2015 seiu SEIU LOCAL 925 3,469.23 0.00 61785 09/04/2015 uw UNITED WAY OF SNOHOMISH COUNTY 724.00 0.00 61786 09/04/2015 icma VANTAGE TRANSFER AGENTS 304884 2,337.51 0.00 9,801.84 0.00 Bank: wire - US BANK Direct DepositCheck AmtNamePayee #DateCheck # 2269 09/04/2015 pens DEPT OF RETIREMENT SYSTEMS 228,419.44 0.00 2271 09/04/2015 aflac AFLAC 5,125.05 0.00 2275 09/04/2015 us US BANK 96,617.61 0.00 2276 09/04/2015 wadc WASHINGTON STATE TREASURER 19,935.00 0.00 2277 09/04/2015 mebt WTRISC FBO #N3177B1 86,735.20 0.00 2279 09/04/2015 pb NATIONWIDE RETIREMENT SOLUTION 4,957.60 0.00 2280 09/04/2015 oe OFFICE OF SUPPORT ENFORCEMENT 48.50 0.00 441,838.40 0.00 451,640.24 0.00Grand Totals: Page 1 of 19/10/2015 Packet Page 25 of 259 Payroll Earnings Summary Report City of Edmonds Pay Period: 755 (08/16/2015 to 08/31/2015) Hours AmountHour Type Hour Class Description Educational Pay CorrectionREGULAR HOURS-ed2 0.00 -156.28 NO PAY LEAVEABSENT111 41.12 0.00 SICK LEAVE - L & ISICK120 140.72 3,748.05 SICK LEAVESICK121 402.00 15,009.45 VACATIONVACATION122 2,283.41 89,301.04 HOLIDAY HOURSHOLIDAY123 44.00 1,405.82 FLOATER HOLIDAYHOLIDAY124 26.00 820.16 COMPENSATORY TIMECOMP HOURS125 152.25 5,496.58 Police Sick Leave L & ISICK129 71.75 2,714.54 Holiday Compensation UsedCOMP HOURS130 36.00 1,290.87 MILITARY LEAVEMILITARY131 0.00 96.50 Kelly Day UsedREGULAR HOURS150 180.00 6,766.30 COMPTIME AUTO PAYCOMP HOURS155 38.63 1,674.53 MANAGEMENT LEAVEVACATION160 12.00 682.43 COUNCIL BASE PAYREGULAR HOURS170 700.00 7,000.00 COUNCIL PRESIDENTS PAYREGULAR HOURS174 0.00 200.00 COUNCIL PAY FOR NO MEDICALREGULAR HOURS175 0.00 1,389.86 REGULAR HOURSREGULAR HOURS190 15,666.41 526,063.78 FIRE PENSION PAYMENTSREGULAR HOURS191 4.00 2,150.85 LIGHT DUTYREGULAR HOURS196 26.00 1,001.73 OVERTIME-STRAIGHTOVERTIME HOURS210 2.00 61.58 WATER WATCH STANDBYOVERTIME HOURS215 42.00 2,015.90 STANDBY TREATMENT PLANTMISCELLANEOUS216 28.00 2,268.95 OVERTIME 1.5OVERTIME HOURS220 386.00 23,533.26 OVERTIME-DOUBLEOVERTIME HOURS225 41.00 2,650.43 WORKING OUT OF CLASSMISCELLANEOUS410 0.00 65.56 SHIFT DIFFERENTIALSHIFT DIFFERENTIAL411 0.00 825.00 RETROACTIVE PAYRETROACTIVE PAY600 0.00 163.23 ACCRUED COMPCOMP HOURS602 72.00 0.00 ACCRUED COMP TIMECOMP HOURS604 76.00 0.00 ACCRUED COMP TIMECOMP HOURS606 13.00 0.00 ACCREDITATION PAYMISCELLANEOUSacc 0.00 24.70 ACCRED/POLICE SUPPORTMISCELLANEOUSacs 0.00 169.99 BOC II CertificationMISCELLANEOUSboc 0.00 81.17 09/10/2015 Page 1 of 2 Packet Page 26 of 259 Payroll Earnings Summary Report City of Edmonds Pay Period: 755 (08/16/2015 to 08/31/2015) Hours AmountHour Type Hour Class Description Collision ReconstructionistMISCELLANEOUScolre 0.00 138.69 TRAINING CORPORALMISCELLANEOUScpl 0.00 143.68 CERTIFICATION III PAYMISCELLANEOUScrt 0.00 597.57 DETECTIVE PAYMISCELLANEOUSdet 0.00 100.25 Detective 4%MISCELLANEOUSdet4 0.00 962.34 EDUCATION PAY 2%EDUCATION PAYed1 0.00 713.39 EDUCATION PAY 4%EDUCATION PAYed2 0.00 852.06 EDUCATION PAY 6%EDUCATION PAYed3 0.00 4,459.02 HOLIDAYHOLIDAYhol 2.00 60.80 K-9 PAYMISCELLANEOUSk9 0.00 100.25 LONGEVITY PAY 2%LONGEVITYlg1 0.00 1,736.70 LONGEVITY 5.5%LONGEVITYlg10 0.00 407.75 LONGEVITY PAY 4%LONGEVITY PAYlg2 0.00 829.20 LONGEVITY 6%LONGEVITY PAYlg3 0.00 5,282.79 Longevity 1%LONGEVITYlg4 0.00 224.25 Longevity .5%LONGEVITYlg6 0.00 230.97 Longevity 1.5%LONGEVITYlg7 0.00 908.73 Longevity 3.5%LONGEVITYlg9 0.00 86.45 MOTORCYCLE PAYMISCELLANEOUSmtc 0.00 200.50 Public Disclosure SpecialistMISCELLANEOUSpds 0.00 46.65 PHYSICAL FITNESS PAYMISCELLANEOUSphy 0.00 1,688.32 PROFESSIONAL STANDARDS SERGEANMISCELLANEOUSprof 0.00 153.70 SPECIAL DUTY PAY 5%MISCELLANEOUSsdp 0.00 504.43 ADMINISTRATIVE SERGEANTMISCELLANEOUSsgt 0.00 150.88 SICK LEAVE ADD BACKSICKslw 510.97 0.00 TRAFFICMISCELLANEOUStraf 0.00 315.78 Total Net Pay:$485,175.71 $719,411.13 20,997.26 09/10/2015 Page 2 of 2 Packet Page 27 of 259 09/10/2015 Voucher List City of Edmonds 1 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216051 9/10/2015 075400 5TH AVE ANIMAL HOSPITAL ENG20140260 Refund - Overcharged disruption fees Refund - Overcharged disruption fees 001.000.257.620 1,298.75 Total : 1,298.75 216052 9/10/2015 070322 A&A LANGUAGE SERVICES INC 15-29821 INTERPERTER interperter 001.000.39.512.52.41.00 148.40 INTERPERTER15-30168 interperter 001.000.39.512.52.41.00 176.58 INTERPERTER15-30254 interperter 001.000.39.512.52.41.00 167.95 INTERPERTER15-30427 interperter 001.000.39.512.52.41.00 176.73 INTERPERTER15-30670 interperter 001.000.39.512.52.41.00 185.65 INTERPERTER15-30783 Interperter 001.000.39.512.52.41.00 176.58 INTERPERTER15-31608 interperter 001.000.39.512.52.41.00 150.70 INTERPERTER15-31621 interperter 001.000.39.512.52.41.00 150.70 INTERPERTER15-31879 interperter 001.000.39.512.52.41.00 181.05 INTERPERTER15-31906 interperter 001.000.39.512.52.41.00 174.85 1Page: Packet Page 28 of 259 09/10/2015 Voucher List City of Edmonds 2 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216052 9/10/2015 (Continued)070322 A&A LANGUAGE SERVICES INC INTERPERTER15-32797 interperter 001.000.23.512.50.41.01 230.50 Total : 1,919.69 216053 9/10/2015 063863 ADVANCED TRAFFIC PRODUCTS 0000012923 Traffic- 16x18" Countdown Model X Traffic- 16x18" Countdown Model X 111.000.68.542.64.31.00 2,201.50 Bulldog III Black "h" Mount 111.000.68.542.64.31.00 1,141.00 9.5% Sales Tax 111.000.68.542.64.31.00 317.54 Taffic - Yello LED lights for SR 104 -0000013084 Taffic - Yello LED lights for SR 104 - 111.000.68.542.64.31.00 915.00 9.5% Sales Tax 111.000.68.542.64.31.00 86.93 Total : 4,661.97 216054 9/10/2015 066415 ALLIED BODY WORKS INC 23698 Unit E102FM - Panel Kit, Wing Kit Unit E102FM - Panel Kit, Wing Kit 511.100.77.594.48.64.00 600.00 Freight 511.100.77.594.48.64.00 90.00 9.2% Sales Tax 511.100.77.594.48.64.00 63.48 Total : 753.48 216055 9/10/2015 063862 ALPINE PRODUCTS INC TM151855 Traffic - Yellow Traffic Paint (200) Traffic - Yellow Traffic Paint (200) 111.000.68.542.64.31.00 2,372.00 Freight 111.000.68.542.64.31.00 114.38 9.5% Sales Tax 111.000.68.542.64.31.00 236.21 2Page: Packet Page 29 of 259 09/10/2015 Voucher List City of Edmonds 3 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 2,722.59 216055 9/10/2015 063862 063862 ALPINE PRODUCTS INC 216056 9/10/2015 074840 AMERICAN FOREST MANAGEMENT 82126 Street - Aborist Svc 7711 194th St SW Street - Aborist Svc 7711 194th St SW 111.000.68.542.71.41.00 350.00 Street - Arborist Svc 1035 Main St82127 Street - Arborist Svc 1035 Main St 111.000.68.542.71.41.00 350.00 Total : 700.00 216057 9/10/2015 074695 AMERICAN MESSAGING W4101046PI Water Watch Pager Water Watch Pager 421.000.74.534.80.42.00 4.46 Total : 4.46 216058 9/10/2015 069751 ARAMARK UNIFORM SERVICES 1988163607 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 17.58 9.5% Sales Tax 001.000.66.518.30.24.00 1.67 PUBLIC WORKS OMC LOBBY MATS1988167852 PUBLIC WORKS OMC LOBBY MATS 001.000.65.518.20.41.00 1.33 PUBLIC WORKS OMC LOBBY MATS 111.000.68.542.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 421.000.74.534.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 422.000.72.531.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 423.000.75.535.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 511.000.77.548.68.41.00 5.05 9.5% Sales Tax 001.000.65.518.20.41.00 0.13 9.5% Sales Tax 3Page: Packet Page 30 of 259 09/10/2015 Voucher List City of Edmonds 4 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216058 9/10/2015 (Continued)069751 ARAMARK UNIFORM SERVICES 111.000.68.542.90.41.00 0.48 9.5% Sales Tax 421.000.74.534.80.41.00 0.48 9.5% Sales Tax 422.000.72.531.90.41.00 0.48 9.5% Sales Tax 423.000.75.535.80.41.00 0.48 9.5% Sales Tax 511.000.77.548.68.41.00 0.48 FLEET DIVISION UNIFORMS & MATS1988167853 FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 5.28 FLEET DIVISION MATS 511.000.77.548.68.41.00 11.96 9.5% Sales Tax 511.000.77.548.68.24.00 0.50 9.5% Sales Tax 511.000.77.548.68.41.00 1.14 FACILITIES DIVISION UNIFORMS1988175163 FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 17.58 9.5% Sales Tax 001.000.66.518.30.24.00 1.67 PUBLIC WORKS OMC LOBBY MATS1988179236 PUBLIC WORKS OMC LOBBY MATS 001.000.65.518.20.41.00 1.33 PUBLIC WORKS OMC LOBBY MATS 111.000.68.542.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 421.000.74.534.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 422.000.72.531.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 423.000.75.535.80.41.00 5.06 4Page: Packet Page 31 of 259 09/10/2015 Voucher List City of Edmonds 5 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216058 9/10/2015 (Continued)069751 ARAMARK UNIFORM SERVICES PUBLIC WORKS OMC LOBBY MATS 511.000.77.548.68.41.00 5.05 9.5% Sales Tax 001.000.65.518.20.41.00 0.13 9.5% Sales Tax 111.000.68.542.90.41.00 0.48 9.5% Sales Tax 421.000.74.534.80.41.00 0.48 9.5% Sales Tax 422.000.72.531.90.41.00 0.48 9.5% Sales Tax 423.000.75.535.80.41.00 0.48 9.5% Sales Tax 511.000.77.548.68.41.00 0.48 FLEET DIVISION UNIFORMS & MATS1988179237 FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 15.62 FLEET DIVISION MATS 511.000.77.548.68.41.00 12.16 9.5% Sales Tax 511.000.77.548.68.24.00 1.48 9.5% Sales Tax 511.000.77.548.68.41.00 1.16 PUBLIC WORKS OMC LOBBY MATS1988190445 PUBLIC WORKS OMC LOBBY MATS 001.000.65.518.20.41.00 1.33 PUBLIC WORKS OMC LOBBY MATS 111.000.68.542.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 421.000.74.534.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 422.000.72.531.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 423.000.75.535.80.41.00 5.06 5Page: Packet Page 32 of 259 09/10/2015 Voucher List City of Edmonds 6 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216058 9/10/2015 (Continued)069751 ARAMARK UNIFORM SERVICES PUBLIC WORKS OMC LOBBY MATS 511.000.77.548.68.41.00 5.05 9.5% Sales Tax 001.000.65.518.20.41.00 0.13 9.5% Sales Tax 111.000.68.542.90.41.00 0.48 9.5% Sales Tax 421.000.74.534.80.41.00 0.48 9.5% Sales Tax 422.000.72.531.90.41.00 0.48 9.5% Sales Tax 423.000.75.535.80.41.00 0.48 9.5% Sales Tax 511.000.77.548.68.41.00 0.48 FLEET DIVISION UNIFORMS & MATS1988190446 FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 15.62 FLEET DIVISION MATS 511.000.77.548.68.41.00 11.96 9.5% Sales Tax 511.000.77.548.68.24.00 1.48 9.5% Sales Tax 511.000.77.548.68.41.00 1.14 PARKS MAINT UNIFORM SERVICE1988197712 PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 99.68 PUBLIC WORKS OMC LOBBY MATS1988201963 PUBLIC WORKS OMC LOBBY MATS 001.000.65.518.20.41.00 1.33 PUBLIC WORKS OMC LOBBY MATS 111.000.68.542.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 421.000.74.534.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 6Page: Packet Page 33 of 259 09/10/2015 Voucher List City of Edmonds 7 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216058 9/10/2015 (Continued)069751 ARAMARK UNIFORM SERVICES 422.000.72.531.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 423.000.75.535.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MATS 511.000.77.548.68.41.00 5.05 9.5% Sales Tax 001.000.65.518.20.41.00 0.13 9.5% Sales Tax 111.000.68.542.90.41.00 0.48 9.5% Sales Tax 421.000.74.534.80.41.00 0.48 9.5% Sales Tax 422.000.72.531.90.41.00 0.48 9.5% Sales Tax 423.000.75.535.80.41.00 0.48 9.5% Sales Tax 511.000.77.548.68.41.00 0.48 FLEET DIVISION UNIFORMS & MATS1988201964 FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 15.62 FLEET DIVISION MATS 511.000.77.548.68.41.00 11.96 9.5% Sales Tax 511.000.77.548.68.24.00 1.48 9.5% Sales Tax 511.000.77.548.68.41.00 1.14 Total : 364.48 216059 9/10/2015 001795 AUTOGRAPHICS 80473 Unit E100PO - Graphics on new Traffic Unit E100PO - Graphics on new Traffic 511.100.77.594.48.64.00 1,055.00 9.5% Sales Tax 511.100.77.594.48.64.00 100.23 Total : 1,155.23 7Page: Packet Page 34 of 259 09/10/2015 Voucher List City of Edmonds 8 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216060 9/10/2015 070305 AUTOMATIC FUNDS TRANSFER 82992 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #800 Printing 422.000.72.531.90.49.00 115.49 UB Outsourcing area #800 Printing 421.000.74.534.80.49.00 115.49 UB Outsourcing area #800 Postage 421.000.74.534.80.42.00 432.53 UB Outsourcing area #800 Postage 423.000.75.535.80.42.00 432.53 9.6% Sales Tax 422.000.72.531.90.49.00 11.09 9.6% Sales Tax 421.000.74.534.80.49.00 11.09 9.6% Sales Tax 423.000.75.535.80.49.00 11.42 UB Outsourcing area #800 Printing 423.000.75.535.80.49.00 118.99 OUT SOURCING OF UTILITY BILLS83136 UB Outsourcing area #100 Printing 423.000.75.535.80.49.00 93.09 UB Outsourcing area #100 Printing 422.000.72.531.90.49.00 90.36 UB Outsourcing area #100 Printing 421.000.74.534.80.49.00 90.36 UB Outsourcing area #100 Postage 421.000.74.534.80.42.00 337.74 UB Outsourcing area #100 Postage 423.000.75.535.80.42.00 337.74 9.6% Sales Tax 422.000.72.531.90.49.00 8.68 9.6% Sales Tax 421.000.74.534.80.49.00 8.68 9.6% Sales Tax 423.000.75.535.80.49.00 8.93 OUT SOURCING OF UTILITY BILLS83281 8Page: Packet Page 35 of 259 09/10/2015 Voucher List City of Edmonds 9 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216060 9/10/2015 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #400 Printing 422.000.72.531.90.49.00 125.71 UB Outsourcing area #400 Printing 421.000.74.534.80.49.00 125.71 UB Outsourcing area #400 Printing 423.000.75.535.80.49.00 129.52 UB Outsourcing area #400 Postage 421.000.74.534.80.42.00 471.04 UB Outsourcing area #400 Postage 423.000.75.535.80.42.00 471.03 9.6% Sales Tax 422.000.72.531.90.49.00 12.07 9.6% Sales Tax 421.000.74.534.80.49.00 12.07 9.6% Sales Tax 423.000.75.535.80.49.00 12.43 OUT SOURCING OF UTILITY BILLS83307 UB Outsourcing area #200 Printing 422.000.72.531.90.49.00 88.64 UB Outsourcing area #200 Printing 421.000.74.534.80.49.00 88.64 UB Outsourcing area #200 Printing 423.000.75.535.80.49.00 91.32 UB Outsourcing area #200 Postage 421.000.74.534.80.42.00 330.74 UB Outsourcing area #200 Postage 423.000.75.535.80.42.00 330.74 9.6% Sales Tax 422.000.72.531.90.49.00 8.51 9.6% Sales Tax 421.000.74.534.80.49.00 8.51 9.6% Sales Tax 423.000.75.535.80.49.00 8.77 OUT SOURCING OF UTILITY BILLS83379 9Page: Packet Page 36 of 259 09/10/2015 Voucher List City of Edmonds 10 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216060 9/10/2015 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #700 Printing 422.000.72.531.90.49.00 22.63 UB Outsourcing area #700 Printing 421.000.74.534.80.49.00 22.63 UB Outsourcing area #700 Printing 423.000.75.535.80.49.00 23.31 UB Outsourcing area #700 Postage 421.000.74.534.80.42.00 105.25 UB Outsourcing area #700 Postage 423.000.75.535.80.42.00 105.24 9.6% Sales Tax 422.000.72.531.90.49.00 2.17 9.6% Sales Tax 421.000.74.534.80.49.00 2.17 9.6% Sales Tax 423.000.75.535.80.49.00 2.24 Total : 4,825.30 216061 9/10/2015 069076 BACKGROUND INVESTIGATIONS INC COE0815 Pre Employment background checks Pre Employment background checks 001.000.22.518.10.41.00 55.00 Total : 55.00 216062 9/10/2015 061659 BAILEY'S TRADITIONAL TAEKWON 20047 TAEKWON-DO 20047 TAEKWON-DO INSTRUCTION 20047 TAEKWON-DO INSTRUCTION 001.000.64.571.22.41.00 106.00 20051 TAEKWON-DO INSTRUCTION20051 TAEKWON-DO 20051 TAEKWON-DO INSTRUCTION 001.000.64.571.22.41.00 88.50 Total : 194.50 216063 9/10/2015 012005 BALL AND GILLESPIE POLYGRAPH 2015-146 INV 2015-146 EDMONDS PD - PRE EMPLOY - B PRE-EMPLOY EXAM 001.000.41.521.10.41.00 225.00 Freight 10Page: Packet Page 37 of 259 09/10/2015 Voucher List City of Edmonds 11 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216063 9/10/2015 (Continued)012005 BALL AND GILLESPIE POLYGRAPH 001.000.41.521.10.41.00 7.00 Total : 232.00 216064 9/10/2015 002258 BENS EVER READY 11046 Unit 452 - Supplies Unit 452 - Supplies 511.000.77.548.68.31.10 240.00 9.5% Sales Tax 511.000.77.548.68.31.10 22.80 Total : 262.80 216065 9/10/2015 074307 BLUE STAR GAS 4623 Fleet Auto Propane 508.8 Gal Fleet Auto Propane 508.8 Gal 511.000.77.548.68.34.12 827.67 Fleet Auto Propane 544 Gal4648 Fleet Auto Propane 544 Gal 511.000.77.548.68.34.12 858.77 Fleet Auto Propane 489.2 Gal4683 Fleet Auto Propane 489.2 Gal 511.000.77.548.68.34.12 754.04 Total : 2,440.48 216066 9/10/2015 065739 BOBBY WOLFORD TRUCKING &4604 Storm - Concrete Dump Fees Storm - Concrete Dump Fees 422.000.72.531.10.49.00 400.00 Total : 400.00 216067 9/10/2015 067391 BRAT WEAR 16250 INV#16250 - EDMONDS PD - GRIMES S/S TRADITIONAL SHIRT 001.000.41.521.22.24.00 59.00 L/S/ TRADITIONAL SHIRT 001.000.41.521.22.24.00 64.00 TRADITIONAL PANTS 001.000.41.521.22.24.00 89.00 9.5% Sales Tax 001.000.41.521.22.24.00 20.14 11Page: Packet Page 38 of 259 09/10/2015 Voucher List City of Edmonds 12 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216067 9/10/2015 (Continued)067391 BRAT WEAR INV#16333 - EDMONDS PD - MCINTYRE16333 S/S CONTEMPORARY SHIRT 001.000.41.521.22.24.00 82.00 TRADITIONAL PANTS 001.000.41.521.22.24.00 89.00 EMBROIDER NAME ON SHIRT 001.000.41.521.22.24.00 8.00 9.5% Sales Tax 001.000.41.521.22.24.00 17.01 Total : 428.15 216068 9/10/2015 073029 CANON FINANCIAL SERVICES 15206125 FLEET COPIER Fleet Copier 511.000.77.548.68.45.00 33.02 9.5% Sales Tax 511.000.77.548.68.45.00 3.14 PW ADMIN COPIER15206126 PW Office Copier for 001.000.65.518.20.45.00 68.55 PW Office Copier for 111.000.68.542.90.45.00 38.85 PW Office Copier for 422.000.72.531.90.45.00 38.85 PW Office Copier for 421.000.74.534.80.45.00 27.42 PW Office Copier for 423.000.75.535.80.45.00 27.42 PW Office Copier for 511.000.77.548.68.45.00 27.41 9.5% Sales Tax 001.000.65.518.20.45.00 6.51 9.5% Sales Tax 111.000.68.542.90.45.00 3.69 9.5% Sales Tax 12Page: Packet Page 39 of 259 09/10/2015 Voucher List City of Edmonds 13 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216068 9/10/2015 (Continued)073029 CANON FINANCIAL SERVICES 422.000.72.531.90.45.00 3.69 9.5% Sales Tax 421.000.74.534.80.45.00 2.61 9.5% Sales Tax 423.000.75.535.80.45.00 2.61 9.5% Sales Tax 511.000.77.548.68.45.00 2.59 WATER SEWER COPIER15206127 Water Sewer Copier 421.000.74.534.80.45.00 70.68 Water Sewer Copier 423.000.75.535.80.45.00 70.68 9.5% Sales Tax 421.000.74.534.80.45.00 6.72 9.5% Sales Tax 423.000.75.535.80.45.00 6.71 Total : 441.15 216069 9/10/2015 075295 CARDNO GS INC 90388-003 City Hall - Facility Condition City Hall - Facility Condition 001.000.66.518.30.41.00 1,553.40 Total : 1,553.40 216070 9/10/2015 070334 CARQUEST AUTO PARTS STORES 2523-255628 Unit 447 -- Blower Motor Unit 447 -- Blower Motor 511.000.77.548.68.31.10 50.99 9.5% Sales Tax 511.000.77.548.68.31.10 4.84 2010 Prius - Oil Filters2523-255934 2010 Prius - Oil Filters 511.000.77.548.68.31.10 9.90 9.5% Sales Tax 511.000.77.548.68.31.10 0.94 Unit 14 - Oil and Air Filters2523-256512 Unit 14 - Oil and Air Filters 13Page: Packet Page 40 of 259 09/10/2015 Voucher List City of Edmonds 14 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216070 9/10/2015 (Continued)070334 CARQUEST AUTO PARTS STORES 511.000.77.548.68.31.10 90.91 9.5% Sales Tax 511.000.77.548.68.31.10 8.64 Total : 166.22 216071 9/10/2015 068484 CEMEX LLC 9431421303 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 306.40 9.5% Sales Tax 111.000.68.542.31.31.00 29.11 Roadway - Asphalt9431460644 Roadway - Asphalt 111.000.68.542.31.31.00 852.10 9.5% Sales Tax 111.000.68.542.31.31.00 80.95 Roadway - Asphalt9431469924 Roadway - Asphalt 111.000.68.542.31.31.00 750.00 9.5% Sales Tax 111.000.68.542.31.31.00 71.26 Total : 2,089.82 216072 9/10/2015 003510 CENTRAL WELDING SUPPLY RN08151016 HELIUM TANK RENTAL FOR GYMNASTICS HELIUM TANK RENTAL FOR GYMNASTICS 001.000.64.571.28.45.00 12.75 9.5% Sales Tax 001.000.64.571.28.45.00 1.21 Total : 13.96 216073 9/10/2015 063902 CITY OF EVERETT I15001986 Water Quality - Water Lab Analysis Water Quality - Water Lab Analysis 421.000.74.534.80.41.00 583.20 Total : 583.20 216074 9/10/2015 022200 CITY OF MOUNTLAKE TERRACE 2900 EDMONDS PORTION OF FALL CRAZE POSTAGE 14Page: Packet Page 41 of 259 09/10/2015 Voucher List City of Edmonds 15 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216074 9/10/2015 (Continued)022200 CITY OF MOUNTLAKE TERRACE EDMONDS PORTION OF FALL CRAZE POSTAGE 001.000.64.571.22.42.00 7,371.08 Total : 7,371.08 216075 9/10/2015 004095 COASTWIDE LABS NW2805816 PM ACCLAIM AND HAND SOAP PM ACCLAIM AND HAND SOAP 001.000.64.576.80.31.00 547.19 9.5% Sales Tax 001.000.64.576.80.31.00 51.98 Total : 599.17 216076 9/10/2015 074382 CONTECH ENGINEERED SOLUTIONS IN00196647 Storm - Supplies Storm - Supplies 422.000.72.531.40.31.00 49.50 8.8% Sales Tax 422.000.72.531.40.31.00 4.36 Total : 53.86 216077 9/10/2015 005965 CUES INC 439352 Sewer - Downhole Pole Assembly Sewer - Downhole Pole Assembly 423.000.75.535.80.31.00 381.80 Freight 423.000.75.535.80.31.00 23.24 9.5% Sales Tax 423.000.75.535.80.31.00 38.48 Total : 443.52 216078 9/10/2015 006200 DAILY JOURNAL OF COMMERCE 3304378 E5DB.AD FOR RFQ E5DB.Ad for RFQ 112.200.68.595.33.41.00 304.20 Total : 304.20 216079 9/10/2015 068190 DATEC INC 21738 PALO ALTO NETWORKS FIREWALL 3 YR Palo Alto Networks PA-3020 Firewall 001.000.31.594.18.64.10 16,090.00 15Page: Packet Page 42 of 259 09/10/2015 Voucher List City of Edmonds 16 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216079 9/10/2015 (Continued)068190 DATEC INC Threat prevention subscription 3 yr 001.000.31.514.23.49.00 9,012.00 PANDB URL filtering subscription 3 yr 001.000.31.514.23.49.00 9,012.00 Premium support 3 yr prepaid, PA-3020 - 001.000.31.514.23.41.00 10,222.00 9.5% Sales Tax 001.000.31.594.18.64.10 1,528.55 9.5% Sales Tax 001.000.31.514.23.49.00 1,712.28 9.5% Sales Tax 001.000.31.514.23.41.00 971.09 Total : 48,547.92 216080 9/10/2015 073823 DAVID EVANS & ASSOC INC 362301 E1CA.SERVICES THRU 8/15/15 E1CA.Services thru 8/15/15 112.200.68.595.33.41.00 425.06 E1CA.Services thru 8/15/15 112.200.68.595.20.61.00 1,245.62 Total : 1,670.68 216081 9/10/2015 064531 DINES, JEANNIE 15-3591 CITY COUNCIL MINUTES 09/01/15 09/01/2015 CITY COUNCIL MINUTES & 001.000.25.514.30.41.00 198.00 Total : 198.00 216082 9/10/2015 007253 DUNN LUMBER 3414118 PM WHEELBARROW PM WHEELBARROW 001.000.64.576.80.31.00 97.97 9.5% Sales Tax 001.000.64.576.80.31.00 9.31 Total : 107.28 216083 9/10/2015 075401 EARTHTECH DEVELOPMENT ENG20140402 Refund OVWSD - VOID PERMIT Refund OVWSD - VOID PERMIT 16Page: Packet Page 43 of 259 09/10/2015 Voucher List City of Edmonds 17 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216083 9/10/2015 (Continued)075401 EARTHTECH DEVELOPMENT 001.000.257.620 205.00 Total : 205.00 216084 9/10/2015 068292 EDGE ANALYTICAL 15-09363 Water Quality - Water Samples Monitoring Water Quality - Water Samples Monitoring 421.000.74.534.80.41.00 1,068.00 Water Quality - Water Samples Monitoring15-16785 Water Quality - Water Samples Monitoring 421.000.74.534.80.41.00 1,068.00 Total : 2,136.00 216085 9/10/2015 069523 EDMONDS P&R YOUTH SCHOLARSHIP 20417 CORDOVA THIA 20417 CORDOVA THIA YOUTH SCHOLARSHIP 20417 CORDOVA THIA YOUTH SCHOLARSHIP 122.000.64.571.20.49.00 75.00 Total : 75.00 216086 9/10/2015 038500 EDMONDS SENIOR CENTER 2015-09-01 09/15 RECREATION SERVICES CONTRACT FEE 09/15 Recreation Services Contract Fee 001.000.39.569.10.41.00 5,000.00 Total : 5,000.00 216087 9/10/2015 067345 EDMONDS TOWING 0129835 Unit 120 - Towing Unit 120 - Towing 511.000.77.548.68.48.00 109.60 9.5% Sales Tax 511.000.77.548.68.48.00 10.45 Total : 120.05 216088 9/10/2015 008705 EDMONDS WATER DIVISION 2-26950 LIFT STATION #3 729 NORTHSTREAM LN / MET LIFT STATION #3 729 NORTHSTREAM LN / 423.000.75.535.80.47.10 80.13 LIFT STATION #2 702 MELODY LN / METER 722-29118 LIFT STATION #2 702 MELODY LN / METER 423.000.75.535.80.47.10 37.77 LIFT STATION #14 7909 211TH PL SW / METE4-34080 LIFT STATION #14 7909 211TH PL SW / 17Page: Packet Page 44 of 259 09/10/2015 Voucher List City of Edmonds 18 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216088 9/10/2015 (Continued)008705 EDMONDS WATER DIVISION 423.000.75.535.80.47.10 37.77 Total : 155.67 216089 9/10/2015 008812 ELECTRONIC BUSINESS MACHINES AR14535 CUST# MK5533 C5051 GQM52286 COPIER Meter charges 07/30/15 - 8/29/15 B&W, 001.000.31.514.23.48.00 5.67 9.5% Sales Tax 001.000.31.514.23.48.00 0.54 EXTRA IMAGESAR14537 Extra Images Charge 001.000.62.524.10.45.00 16.36 P&R PRINTER C1030 #A6995AR14542 P&R PRINTER C1030 #A6995 001.000.64.571.21.45.00 4.37 EXTRA IMAGE CHARGESAR15007 EXTRA IMAGE CHARGES 001.000.62.524.10.45.00 52.63 Total : 79.57 216090 9/10/2015 009350 EVERETT DAILY HERALD EDH652944 E5DB.AD FOR RFQ E5DB.Ad for RFQ 112.200.68.595.33.41.00 134.16 CITY ORDINANCES 4005 & 4006EDH653322 CITY ORDINANCES 4005 & 4006 001.000.25.514.30.41.40 46.44 CLOSED RECORD REVIEWEDH654615 SEPTEMBER 15, 2015 CLOSED RECORD REVIEW 001.000.25.514.30.41.40 55.04 Total : 235.64 216091 9/10/2015 009410 EVERETT STEEL INC 104115 Unit 110 - Flat Bars, Parts Unit 110 - Flat Bars, Parts 628.000.41.521.23.31.00 578.15 9.5% Sales Tax 628.000.41.521.23.31.00 54.93 18Page: Packet Page 45 of 259 09/10/2015 Voucher List City of Edmonds 19 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 633.08 216091 9/10/2015 009410 009410 EVERETT STEEL INC 216092 9/10/2015 009815 FERGUSON ENTERPRISES INC 0474980 Water - Hand held Touch Meter Reader Water - Hand held Touch Meter Reader 421.000.74.534.80.35.00 485.81 9.5% Sales Tax 421.000.74.534.80.35.00 46.15 Water Inventory - 5 Rolls 3/4" Copper0477149 Water Inventory - 5 Rolls 3/4" Copper 421.000.74.534.80.34.20 980.63 Water Supplies 421.000.74.534.80.31.00 124.62 9.5% Sales Tax 421.000.74.534.80.34.20 93.16 9.5% Sales Tax 421.000.74.534.80.31.00 11.84 Water Meter Inventory - #20340478292 Water Meter Inventory - #2034 421.000.74.534.80.34.30 2,648.60 9.5% Sales Tax 421.000.74.534.80.34.30 251.62 Total : 4,642.43 216093 9/10/2015 009815 FERGUSON ENTERPRISES INC 3462563 Sr Center - Tank Sr Center - Tank 016.000.66.518.30.31.00 63.02 9.5% Sales Tax 016.000.66.518.30.31.00 5.99 Total : 69.01 216094 9/10/2015 011900 FRONTIER 253-003-6887 LIFT STATION #6 VG SPECIAL ACCESS LINES LIFT STATION #6 VG SPECIAL ACCESS LINES 423.000.75.535.80.42.00 41.81 SEAVIEW RESERVOIR TELEMETRY CIRCUIT LINE253-007-4989 SEAVIEW RESERVOIR TELEMETRY CIRCUIT 421.000.74.534.80.42.00 30.87 19Page: Packet Page 46 of 259 09/10/2015 Voucher List City of Edmonds 20 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216094 9/10/2015 (Continued)011900 FRONTIER TELEMETRY CIRCUIT LINES253-012-9166 TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 161.33 TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 299.62 TELEMETRY CIRCUIT LINE253-014-8062 TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 19.71 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 36.59 TELEMETRY CIRCUIT LINE253-017-4360 TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 46.64 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 86.62 CIVIC CENTER ELEVATOR PHONE LINE425-712-8347 CIVIC CENTER ELEVATOR PHONE LINE 250 001.000.66.518.30.42.00 66.72 MEADOWDALE PRESCHOOL PHONE & PM IP425-745-5055 MEADOWDALE PRESCHOOL PHONE 001.000.64.571.29.42.00 89.86 PARKS MAINT IP LINE (10 + TAX) 001.000.66.518.30.42.00 10.95 FIRE STATION #16 ALARM AND FAX LINES425-771-0158 FIRE STATION #16 ALARM AND FAX LINES 001.000.66.518.30.42.00 129.50 CIVIC CENTER ALARM LINES 250 5TH AVE N425-775-2455 CIVIC CENTER FIRE AND INTRUSION ALARM 001.000.66.518.30.42.00 61.03 FRANCES ANDERSON CENTER ALARM LINE425-776-3896 FRANCES ANDERSON CENTER FIRE AND 001.000.66.518.30.42.00 129.50 CITY HALL ALARM LINES 121 5TH AVE N425-776-6829 CITY HALL FIRE AND INTRUSION ALARM 001.000.66.518.30.42.00 129.50 20Page: Packet Page 47 of 259 09/10/2015 Voucher List City of Edmonds 21 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216094 9/10/2015 (Continued)011900 FRONTIER LIFT STATION #2 VG SPECIAL ACCESS LINE509-022-0049 LIFT STATION #2 VG SPECIAL ACCESS LINE 423.000.75.535.80.42.00 26.21 Total : 1,366.46 216095 9/10/2015 073922 GAVIOLA, NIKKA 19995 TAEKWON-DO 19995 TAEKWON-DO INSTRUCTION 19995 TAEKWON-DO INSTRUCTION 001.000.64.571.27.41.00 162.00 Total : 162.00 216096 9/10/2015 068617 GLEISNER, BARBARA 20015 TAI CHI 20015 TAI CHI INSTRUCTION 20015 TAI CHI INSTRUCTION 001.000.64.571.27.41.00 691.39 20018 TAI CHI INSTRUCTION20018 TAI CHI 20018 TAI CHI INSTRUCTION 001.000.64.571.27.41.00 172.00 20019 TAI CHI INSTRUCTION20019 TAI CHI 20019 TAI CHI INSTRUCTION 001.000.64.571.27.41.00 180.00 20021 QIGONG INSTRUCTION20021 QIGONG 20021 QIGONG INSTRUCTION 001.000.64.571.27.41.00 150.00 20023 QIGONG INSTRUCTION20023 QIGONG 20023 QIGONG INSTRUCTION 001.000.64.571.27.41.00 233.15 Total : 1,426.54 216097 9/10/2015 012199 GRAINGER 9810882341 City Hall Finance- Passage Latches City Hall Finance- Passage Latches 001.000.31.514.20.48.00 588.15 9.5% Sales Tax 001.000.31.514.20.48.00 55.87 Total : 644.02 216098 9/10/2015 069733 H B JAEGER COMPANY LLC 637103 Sewer - Fernco Supplies 21Page: Packet Page 48 of 259 09/10/2015 Voucher List City of Edmonds 22 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216098 9/10/2015 (Continued)069733 H B JAEGER COMPANY LLC Sewer - Fernco Supplies 423.000.75.535.80.31.00 976.16 9.5% Sales Tax 423.000.75.535.80.31.00 92.74 Water Inventory #0070 W-CLMPCI-08-060637103 Water Inventory #0070 W-CLMPCI-08-060 421.000.74.534.80.34.20 287.50 #0495 W-VALVCI-04-020 421.000.74.534.80.34.20 398.00 #480 2" Ball MTR Valv Lockwing 421.000.74.534.80.34.20 484.24 Water Supplies- Kits, Sleeves, Reducers 421.000.74.534.80.31.00 398.44 9.5% Sales Tax 421.000.74.534.80.34.20 111.13 9.5% Sales Tax 421.000.74.534.80.31.00 37.85 Water Supplies - Adapters, Sleeves638093 Water Supplies - Adapters, Sleeves 421.000.74.534.80.31.00 271.54 9.5% Sales Tax 421.000.74.534.80.31.00 25.80 Total : 3,083.40 216099 9/10/2015 073548 INDOFF INCORPORATED 2677240 BINDERS AND DIVIDER TABS Binders and tab dividers 001.000.61.557.20.31.00 191.92 9.5% Sales Tax 001.000.61.557.20.31.00 18.23 OFFICE SUPPLIES- TABS2677900 OFFICE SUPPLIES- TABS 001.000.62.524.10.31.00 5.87 OFFICE SUPPLIES- STAMPS2677997 Office supplies- stamps 001.000.62.524.10.31.00 56.89 22Page: Packet Page 49 of 259 09/10/2015 Voucher List City of Edmonds 23 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216099 9/10/2015 (Continued)073548 INDOFF INCORPORATED OFFICE CHAIRS FOR PALMER/SHARP2679127 Office Chair 001.000.31.518.88.31.00 834.00 9.5% Sales Tax 001.000.31.518.88.31.00 79.24 Office Supplies2680045 Office Supplies 001.000.22.518.10.31.00 43.87 9.5% Sales Tax 001.000.22.518.10.31.00 4.17 Total : 1,234.19 216100 9/10/2015 014940 INTERSTATE BATTERY SYSTEMS 759291 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 271.88 9.5% Sales Tax 511.000.77.548.68.31.20 25.83 Fleet Shop Supplies759302 Fleet Shop Supplies 511.000.77.548.68.31.20 44.48 9.5% Sales Tax 511.000.77.548.68.31.20 4.23 Fleet Shop Supplies759397 Fleet Shop Supplies 511.000.77.548.68.31.20 28.10 9.5% Sales Tax 511.000.77.548.68.31.20 2.67 Total : 377.19 216101 9/10/2015 075356 JENNIFER ZIEGLER PUBLIC 002 STATE LOBBYIST FOR AUGUST 2015 State lobbyist for August 2015 001.000.61.557.20.41.00 2,416.67 Total : 2,416.67 216102 9/10/2015 075399 JIM DANDY SEWER ENG 20140547 OVWSD - Void Permit 23Page: Packet Page 50 of 259 09/10/2015 Voucher List City of Edmonds 24 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216102 9/10/2015 (Continued)075399 JIM DANDY SEWER OVWSD - Void Permit 001.000.257.620 295.00 Total : 295.00 216103 9/10/2015 072728 KAVADAS, JANET 20034 WEIGHT ROOM 20034 WEIGHT ROOM ORIENTATION 20034 WEIGHT ROOM ORIENTATION 001.000.64.571.27.41.00 50.00 20506 WEIGHT ROOM ORIENTATION20506 WEIGHT ROOM 20506 WEIGHT ROOM ORIENTATION 001.000.64.571.27.41.00 50.00 Total : 100.00 216104 9/10/2015 072650 KCDA PURCHASING COOPERATIVE 3944383 INV#3944383 ACCT#100828 - EDMONDS PD 10 CASES MULTI USE COPY PAPER 001.000.41.521.10.31.00 242.30 HANDLING FEE 001.000.41.521.10.31.00 50.90 9.5% Sales Tax 001.000.41.521.10.31.00 23.02 Total : 316.22 216105 9/10/2015 066489 KENT D BRUCE CO LLC 780 Units 447,453,455 - Magnetic Mic Conv Units 447,453,455 - Magnetic Mic Conv 511.000.77.548.68.31.10 679.00 Freight 511.000.77.548.68.31.10 12.01 9.5% Sales Tax 511.000.77.548.68.31.10 65.65 Total : 756.66 216106 9/10/2015 017050 KWICK'N KLEEN CAR WASH 08062015-01 2/2 City Car Washes City Car Washes 511.000.77.548.68.48.00 15.09 Total : 15.09 24Page: Packet Page 51 of 259 09/10/2015 Voucher List City of Edmonds 25 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216107 9/10/2015 075260 LAU, PING 8639 INTERPERTER Interperter 001.000.23.512.50.41.01 109.95 Total : 109.95 216108 9/10/2015 018950 LYNNWOOD AUTO PARTS INC 724951 Traffic - Oil for generator Traffic - Oil for generator 111.000.68.542.64.31.00 36.60 9.5% Sales Tax 111.000.68.542.64.31.00 3.48 Total : 40.08 216109 9/10/2015 075402 MGC TECHNICAL ENG20150240 Refund: Changed scope of work. Refund: Changed scope of work. 001.000.257.620 795.00 Total : 795.00 216110 9/10/2015 063773 MICROFLEX 00021951 ANNUAL ONLINE SERVICE FEE Annual online service fee - 9/1/15 - 001.000.31.514.23.41.00 1,200.00 9.5% Sales Tax 001.000.31.514.23.41.00 114.00 Total : 1,314.00 216111 9/10/2015 020900 MILLERS EQUIP & RENT ALL INC 218924 Street - Mower Blade, Filters Street - Mower Blade, Filters 111.000.68.542.71.31.00 20.76 9.5% Sales Tax 111.000.68.542.71.31.00 1.97 Total : 22.73 216112 9/10/2015 064570 NATIONAL SAFETY INC 0413649-IN Roadway - Road Corner Mirror and Roadway - Road Corner Mirror and 111.000.68.542.31.31.00 244.90 9.5% Sales Tax 111.000.68.542.31.31.00 23.27 25Page: Packet Page 52 of 259 09/10/2015 Voucher List City of Edmonds 26 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 268.17 216112 9/10/2015 064570 064570 NATIONAL SAFETY INC 216113 9/10/2015 061013 NORTHWEST CASCADE INC 2-1320574 SIERRA PARK HONEY BUCKET SIERRA PARK HONEY BUCKET 001.000.64.576.80.45.00 113.85 MARINA BEACH HONEY BUCKET2-1322355 PARK HONEY BUCKET 001.000.64.576.80.45.00 2,938.85 PINE STREET PARK HONEY BUCKET2-1325114 PINE STREET PARK HONEY BUCKET 001.000.64.576.80.45.00 113.85 CIVIC FIELD 6TH & BELL HONEY BUCKET2-1327061 CIVIC FIELD 6TH & BELL HONEY BUCKET 001.000.64.576.80.45.00 113.85 Total : 3,280.40 216114 9/10/2015 063511 OFFICE MAX INC 169541624 P&R PAPER, STORAGE BOXES, BINDER CLIPS, P&R PAPER, STORAGE BOXES, BINDER CLIPS, 001.000.64.571.21.31.00 167.71 9.5% Sales Tax 001.000.64.571.21.31.00 15.93 PW Office Supplies469665 PW Office Supplies 001.000.65.518.20.31.00 81.84 9.5% Sales Tax 001.000.65.518.20.31.00 7.78 Total : 273.26 216115 9/10/2015 026200 OLYMPIC VIEW WATER DISTRICT 0000130 PLANTER IRRIGATION 220TH ST SW & 84TH AV PLANTER IRRIGATION 220TH ST SW & 84TH 001.000.64.576.80.47.00 15.53 CEMETERY 820 15TH ST SW0001520 CEMETERY 820 15TH ST SW 001.000.64.576.80.47.00 40.26 CEMETERY SPRINKLER 820 15TH ST SW0001530 CEMETERY SPRINKLER 820 15TH ST SW 26Page: Packet Page 53 of 259 09/10/2015 Voucher List City of Edmonds 27 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216115 9/10/2015 (Continued)026200 OLYMPIC VIEW WATER DISTRICT 001.000.64.576.80.47.00 204.10 SPRINKLER @ 5TH AVE S & SR1040002930 SPRINKLER @ 5TH AVE S & SR104 001.000.64.576.80.47.00 19.59 FIRE STATION #20 88TH AVE W / METER R1300021400 FIRE STATION #20 88TH AVE W / METER 001.000.66.518.30.47.00 201.99 PLANTER IRRIGATION 10415 226TH PL SW0026390 PLANTER IRRIGATION 10415 226TH PL SW 001.000.64.576.80.47.00 17.18 Total : 498.65 216116 9/10/2015 063750 ORCA PACIFIC INC 17542 YOST POOL SUPPLIES: SODIUM HYPO, MURIATI YOST POOL SUPPLIES: SODIUM HYPO, 001.000.64.576.80.31.00 582.60 9.5% Sales Tax 001.000.64.576.80.31.00 55.35 Total : 637.95 216117 9/10/2015 063588 PACIFIC POWER PRODUCTS CO 6747107-00 BUNKER RAKE BUNKER RAKE 001.000.64.594.76.64.00 12,204.41 9.5% Sales Tax 001.000.64.594.76.64.00 1,159.42 Total : 13,363.83 216118 9/10/2015 075403 PALACIOS, CINTHYA 8/31 REFUND 8/31 REFUND DAMAGE DEPOSIT 8/31 REFUND DAMAGE DEPOSIT 001.000.239.200 500.00 Total : 500.00 216119 9/10/2015 028860 PLATT ELECTRIC SUPPLY INC H476868 Sr Center - Circuit Sr Center - Circuit 016.000.66.518.30.31.00 23.89 9.5% Sales Tax 27Page: Packet Page 54 of 259 09/10/2015 Voucher List City of Edmonds 28 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216119 9/10/2015 (Continued)028860 PLATT ELECTRIC SUPPLY INC 016.000.66.518.30.31.00 2.27 Total : 26.16 216120 9/10/2015 046900 PUGET SOUND ENERGY 200000704821 FRANCES ANDERSON CENTER 700 MAIN ST / ME FRANCES ANDERSON CENTER 700 MAIN ST / 001.000.66.518.30.47.00 661.25 YOST PARK/POOL 9535 BOWDOIN WAY / METER200002411383 YOST PARK/POOL 9535 BOWDOIN WAY / METER 001.000.64.576.80.47.00 1,500.29 OLD PUBLIC WORKS 200 DAYTON ST / METER 0200007876143 OLD PUBLIC WORKS 200 DAYTON ST / METER 421.000.74.534.80.47.00 40.75 FIRE STATION # 16 8429 196TH ST SW / MET200009595790 FIRE STATION # 16 8429 196TH ST SW / 001.000.66.518.30.47.00 95.83 FIRE STATION #20 23009 88TH AVE W / METE200011439656 FIRE STATION #20 23009 88TH AVE W / 001.000.66.518.30.47.00 54.05 CIVIC CENTER 250 5TH AVE N / METER 00052200016558856 CIVIC CENTER 250 5TH AVE N / METER 001.000.66.518.30.47.00 64.31 FIRE STATION #17 275 6TH AVE N / METER 0200016815843 FIRE STATION #17 275 6TH AVE N / METER 001.000.66.518.30.47.00 138.86 FLEET MAINTENANCE BAY 21105 72ND AVE W /200017676343 FLEET MAINTENANCE BAY 21105 72ND AVE W 511.000.77.548.68.47.00 56.48 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE R200019375639 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE 001.000.66.518.30.47.00 41.87 SNO-ISLE LIBRARY 650 MAIN ST / METER 001200019895354 SNO-ISLE LIBRARY 650 MAIN ST / METER 001.000.66.518.30.47.00 60.59 PUBLIC WORKS OMC 7110 210TH ST SW / METE200020415911 PUBLIC WORKS OMC 7110 210TH ST SW / 28Page: Packet Page 55 of 259 09/10/2015 Voucher List City of Edmonds 29 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216120 9/10/2015 (Continued)046900 PUGET SOUND ENERGY 001.000.65.518.20.47.00 3.55 PUBLIC WORKS OMC 7110 210TH ST SW / 111.000.68.542.90.47.00 13.49 PUBLIC WORKS OMC 7110 210TH ST SW / 421.000.74.534.80.47.00 13.49 PUBLIC WORKS OMC 7110 210TH ST SW / 423.000.75.535.80.47.10 13.49 PUBLIC WORKS OMC 7110 210TH ST SW / 511.000.77.548.68.47.00 13.49 PUBLIC WORKS OMC 7110 210TH ST SW / 422.000.72.531.90.47.00 13.50 CITY PARK BUILDING 600 3RD AVE S / METER200024711901 CITY PARK BUILDING 600 3RD AVE S / 001.000.66.518.30.47.00 35.25 Total : 2,820.54 216121 9/10/2015 070955 R&R STAR TOWING 103612 INV#103612 - EDMONDS PD TOW 2014 JEEP #AQT5935 001.000.41.521.22.41.00 166.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.77 Total : 181.77 216122 9/10/2015 069062 RONGERUDE, JOHN 8157 PUBLIC DEFENDER conflict public defender 001.000.39.512.52.41.00 1,080.00 Total : 1,080.00 216123 9/10/2015 033550 SALMON BAY SAND & GRAVEL 2371229 Roadway - Cold Patch Asphalt Mix Roadway - Cold Patch Asphalt Mix 111.000.68.542.31.31.00 991.80 9.6% Sales Tax 111.000.68.542.31.31.00 95.21 Total : 1,087.01 29Page: Packet Page 56 of 259 09/10/2015 Voucher List City of Edmonds 30 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216124 9/10/2015 074579 SECURITY CONCEPTS 11297 INV#11297 - EDMONDS PD 1 YR RENEW SIMS (10/12/15-10/11/16)~ 104.000.41.521.21.35.00 799.80 Total : 799.80 216125 9/10/2015 070495 SEPULVEDA, PABLO 9849 INTERPERTER Interperter 001.000.23.512.50.41.01 105.30 Total : 105.30 216126 9/10/2015 036955 SKY NURSERY T-0587665 FLOWER PROGR: PERENNIALS, CYPRESS, CRYPT FLOWER PROGR: PERENNIALS, CYPRESS, 001.000.64.576.81.31.00 266.86 9.5% Sales Tax 001.000.64.576.81.31.00 25.35 Total : 292.21 216128 9/10/2015 037375 SNO CO PUD NO 1 2002-0254-7 PEDEST CAUTION LIGHT 21930 95TH AVE W / PEDEST CAUTION LIGHT 21930 95TH AVE W / 111.000.68.542.64.47.00 31.90 LIFT STATION #8 113 RAILROAD AVE / METER2002-0291-9 LIFT STATION #8 113 RAILROAD AVE / 423.000.75.535.80.47.10 84.69 TRAFFIC LIGHT 23602 76TH AVE W / METER 12002-7495-9 TRAFFIC LIGHT 23602 76TH AVE W / METER 111.000.68.542.64.47.00 32.98 TRAFFIC LIGHT 22000 84TH AVE W / METER 12003-4823-3 TRAFFIC LIGHT 22000 84TH AVE W / METER 111.000.68.542.64.47.00 77.06 FIRE STATION #16 8429 196TH ST SW / METE2003-9895-6 FIRE STATION #16 8429 196TH ST SW / 001.000.66.518.30.47.00 1,578.26 TRAFFIC LIGHT 22000 76TH AVE W / METER 12004-9315-3 TRAFFIC LIGHT 22000 76TH AVE W / METER 111.000.68.542.64.47.00 51.83 TRAFFIC LIGHT 22400 76TH AVE W / METER 12005-9488-5 30Page: Packet Page 57 of 259 09/10/2015 Voucher List City of Edmonds 31 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216128 9/10/2015 (Continued)037375 SNO CO PUD NO 1 TRAFFIC LIGHT 22400 76TH AVE W / METER 111.000.68.542.64.47.00 30.09 LIFT STATION #9 19300 80TH AVE W / METER2006-1131-7 LIFT STATION #9 19300 80TH AVE W / 423.000.75.535.80.47.10 201.33 TRAFFIC LIGHT 9730 220TH ST SW / METER 12007-4860-6 TRAFFIC LIGHT 9730 220TH ST SW / METER 111.000.68.542.64.47.00 31.90 LIFT STATION #3 1529 NORTHSTREAM LN / ME2008-6520-2 LIFT STATION #3 1529 NORTHSTREAM LN / 423.000.75.535.80.47.10 112.15 DECORATIVE LIGHTING 115 2ND AVE S / METE2009-1385-3 DECORATIVE LIGHTING 115 2ND AVE S / 111.000.68.542.63.47.00 40.28 TRAFFIC LIGHT 23202 EDMONDS WAY / METER2009-4334-8 TRAFFIC LIGHT 23202 EDMONDS WAY / METER 111.000.68.542.64.47.00 49.16 TRAFFIC LIGHT 20408 76TH AVE W / METER 12011-9222-6 TRAFFIC LIGHT 20408 76TH AVE W / METER 111.000.68.542.64.47.00 32.98 LIFT STATION 7403 BALLINGER WAY / METER2014-2731-7 LIFT STATION 7403 BALLINGER WAY / METER 423.000.75.535.80.47.10 31.90 LIFT STATION #14 7905 1/2 211TH PL SW /2015-0127-7 LIFT STATION #14 7905 1/2 211TH PL SW / 423.000.75.535.80.47.10 34.14 LIFT STATION #7 121 W DAYTON ST / METER2015-3292-6 LIFT STATION #7 121 W DAYTON ST / METER 423.000.75.535.80.47.10 277.46 SNO-ISLE LIBRARY 650 MAIN ST / METER 1002015-5174-4 SNO-ISLE LIBRARY 650 MAIN ST / METER 001.000.66.518.30.47.00 1,782.77 TRAFFIC LIGHT 19600 80TH AVE W / METER 12015-8215-2 TRAFFIC LIGHT 19600 80TH AVE W / METER 111.000.68.542.63.47.00 48.09 31Page: Packet Page 58 of 259 09/10/2015 Voucher List City of Edmonds 32 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216128 9/10/2015 (Continued)037375 SNO CO PUD NO 1 TRAFFIC LIGHT 20801 76TH AVE W / METER 12016-1195-1 TRAFFIC LIGHT 20801 76TH AVE W / METER 111.000.68.542.63.47.00 57.60 STREET LIGHTING (183 LIGHTS @ 150W) / NO2017-1178-5 STREET LIGHTING (183 LIGHTS @ 150W) / 111.000.68.542.63.47.00 885.22 TRAFFIC LIGHT 9932 220TH ST SW / METER 12017-5147-6 TRAFFIC LIGHT 9932 220TH ST SW / METER 111.000.68.542.64.47.00 99.17 TRAFFIC LIGHT 7133 212TH ST SW / METER 12019-0786-2 TRAFFIC LIGHT 7133 212TH ST SW / METER 111.000.68.542.63.47.00 59.02 PUBLIC WORKS OMC 7110 210TH ST SW / METE2019-4248-9 PUBLIC WORKS OMC 7110 210TH ST SW / 001.000.65.518.20.47.00 71.94 PUBLIC WORKS OMC 7110 210TH ST SW / 111.000.68.542.90.47.00 273.37 PUBLIC WORKS OMC 7110 210TH ST SW / 421.000.74.534.80.47.00 273.37 PUBLIC WORKS OMC 7110 210TH ST SW / 423.000.75.535.80.47.10 273.37 PUBLIC WORKS OMC 7110 210TH ST SW / 511.000.77.548.68.47.00 273.37 PUBLIC WORKS OMC 7110 210TH ST SW / 422.000.72.531.90.47.00 273.38 FIRE STATION #20 23009 88TH AVE W / METE2020-7719-4 FIRE STATION #20 23009 88TH AVE W / 001.000.66.518.30.47.00 909.11 LIFT STATION #6 100 PINE ST / METER 10002020-8787-0 LIFT STATION #6 100 PINE ST / METER 423.000.75.535.80.47.10 175.82 TRAFFIC LIGHT 22400 HWY 99 / METER 100042022-8909-6 TRAFFIC LIGHT 22400 HWY 99 / METER 111.000.68.542.64.47.00 109.13 TRAFFIC LIGHT 23801 HWY 99 / METER 100042022-8912-0 32Page: Packet Page 59 of 259 09/10/2015 Voucher List City of Edmonds 33 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216128 9/10/2015 (Continued)037375 SNO CO PUD NO 1 TRAFFIC LIGHT 23801 HWY 99 / METER 111.000.68.542.64.47.00 112.32 CIVIC CENTER & FIRE STATION #17 250 5TH2022-9166-2 CIVIC CENTER & FIRE STATION #17 250 5TH 001.000.66.518.30.47.00 4,808.68 TRAFFIC LIGHT 21530 76TH AVE W / METER 12023-5673-9 TRAFFIC LIGHT 21530 76TH AVE W / METER 111.000.68.542.64.47.00 42.14 CITY HALL 121 5TH AVE N / METER 100012612024-3924-6 CITY HALL 121 5TH AVE N / METER 001.000.66.518.30.47.00 2,130.14 LIFT STATION #1 105 CASPERS ST / METER 12024-9953-9 LIFT STATION #1 105 CASPERS ST / METER 423.000.75.535.80.47.10 899.60 STREET LIGHTING (303 LIGHTS @ 200W) / NO2025-2918-6 STREET LIGHTING (303 LIGHTS @ 200W) / 111.000.68.542.63.47.00 2,748.30 STREET LIGHTING (13 LIGHTS @ 400W) / NOT2025-2920-2 STREET LIGHTING (13 LIGHTS @ 400W) / 111.000.68.542.63.47.00 116.09 STREET LIGHTING (2029 LIGHTS @ 100W) / N2025-7615-3 STREET LIGHTING (2029 LIGHTS @ 100W) / 111.000.68.542.63.47.00 14,681.95 STREET LIGHTING (58 LIGHTS @ 250W) / NOT2025-7948-8 STREET LIGHTING (58 LIGHTS @ 250W) / 111.000.68.542.63.47.00 337.50 TRAFFIC LIGHT 8429 196TH ST SW (FS #16)2028-0763-2 TRAFFIC LIGHT 8429 196TH ST SW (FIRE 001.000.66.518.30.47.00 35.84 STREET LIGHTING (1 LIGHT @ 150W) / NOT M2047-1489-3 STREET LIGHTING (1 LIGHT @ 150W) / NOT 111.000.68.542.63.47.00 4.08 STREET LIGHTING (18 LIGHTS @ 200W) / NOT2047-1492-7 STREET LIGHTING (18 LIGHTS @ 200W) / 111.000.68.542.63.47.00 90.63 33Page: Packet Page 60 of 259 09/10/2015 Voucher List City of Edmonds 34 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216128 9/10/2015 (Continued)037375 SNO CO PUD NO 1 STREET LIGHTING (5 LIGHTS @ 400W) / NOT2047-1493-5 STREET LIGHTING (5 LIGHTS @ 400W) / NOT 111.000.68.542.63.47.00 47.75 STREET LIGHTING (2 LIGHTS @ 100W) / NOT2047-1494-3 STREET LIGHTING (2 LIGHTS @ 100W) / NOT 111.000.68.542.63.47.00 12.13 STREET LIGHTING (26 LIGHTS @ 250W) / NOT2047-1495-0 STREET LIGHTING (26 LIGHTS @ 250W) / 111.000.68.542.63.47.00 164.81 DECORATIVE & STREET LIGHTING 226122053-0758-0 DECORATIVE & STREET LIGHTING 22612 111.000.68.542.64.47.00 232.14 TRAFFIC LIGHT SR104 @ 95TH AVE W /2205-4758-2 TRAFFIC LIGHT SR104 @ 95TH AVE W / 111.000.68.542.63.47.00 64.21 Total : 34,791.15 216129 9/10/2015 038300 SOUND DISPOSAL CO 103587 PARKS MAINT GARBAGE AND RECYCLING PARKS MAINT GARBAGE AND RECYCLING 001.000.64.576.80.47.00 822.79 Total : 822.79 216130 9/10/2015 040430 STONEWAY ELECTRIC SUPPLY S101340860.001 Plaza - Supplies Plaza - Supplies 001.000.66.518.30.31.00 49.79 9.5% Sales Tax 001.000.66.518.30.31.00 4.73 Total : 54.52 216131 9/10/2015 040917 TACOMA SCREW PRODUCTS INC 11468739 Roadway - Fluorescent Green Upside-down Roadway - Fluorescent Green Upside-down 111.000.68.542.64.31.00 340.80 9.5% Sales Tax 111.000.68.542.64.31.00 32.38 34Page: Packet Page 61 of 259 09/10/2015 Voucher List City of Edmonds 35 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 373.18 216131 9/10/2015 040917 040917 TACOMA SCREW PRODUCTS INC 216132 9/10/2015 075358 TECTA AMERICA SI-06786 MCH Roof Replacement -Retention Held MCH Roof Replacement -Retention Held 016.000.223.400 1,249.40 Total : 1,249.40 216133 9/10/2015 075139 THE LOUIS BERGER GROUP INC 85301 E4FE.SERVICES THRU 8/28/15 E4FE.Services thru 8/28/15 422.000.72.594.31.41.20 6,898.26 Total : 6,898.26 216134 9/10/2015 041960 TOWN & COUNTRY FENCE INC 51218 Street - Replace Fence for 196th (Rock Street - Replace Fence for 196th (Rock 111.000.68.542.61.31.00 347.40 9.5% Sales Tax 111.000.68.542.61.31.00 33.00 Total : 380.40 216135 9/10/2015 044960 UTILITIES UNDERGROUND LOC CTR 5070123 UTILITIES UNDERGROUND LOCATION CENTER UTILITIES UNDERGROUND LOCATION CENTER 421.000.74.534.80.41.00 96.67 UTILITIES UNDERGROUND LOCATION CENTER 422.000.72.531.90.41.00 96.67 UTILITIES UNDERGROUND LOCATION CENTER 423.000.75.535.80.41.00 99.59 Total : 292.93 216136 9/10/2015 067917 WALLY'S TOWING INC 53685 INV#53685 - EDMONDS PD TOW 1998 TOYOTA #ABT6904 001.000.41.521.22.41.00 166.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.77 Total : 181.77 216137 9/10/2015 073472 WAPRO BROMAN BROMAN EDMONDS PD - WAPRO FALL TRAINING FALL TRAINING REGISTRATION 35Page: Packet Page 62 of 259 09/10/2015 Voucher List City of Edmonds 36 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216137 9/10/2015 (Continued)073472 WAPRO 001.000.41.521.40.49.00 140.00 Total : 140.00 216138 9/10/2015 067195 WASHINGTON TREE EXPERTS I15-413 Street - Down Dead Pine Tree - 305 Fir Street - Down Dead Pine Tree - 305 Fir 111.000.68.542.71.48.00 320.00 9.5% Sales Tax 111.000.68.542.71.48.00 30.40 Street - Maple Tree Removal - 907 DaytonI15-453 Street - Maple Tree Removal - 907 Dayton 111.000.68.542.71.48.00 450.00 9.5% Sales Tax 111.000.68.542.71.48.00 42.75 DEAD TREE REMOVAL YOST PARKI15-461 DEAD TREE REMOVAL YOST PARK 001.000.64.576.80.48.00 980.00 9.5% Sales Tax 001.000.64.576.80.48.00 93.10 Total : 1,916.25 216139 9/10/2015 074140 WECHSLER, LAURENCE 9/1 REFUND 9/1 REFUND DAMAGE DEPOSIT 9/1 REFUND DAMAGE DEPOSIT 001.000.239.200 500.00 Total : 500.00 216140 9/10/2015 069691 WESTERN SYSTEMS 0000028157 Traffic - Ped Audible Chirps 212th & Traffic - Ped Audible Chirps 212th & 111.000.68.542.64.31.00 1,178.58 Freight 111.000.68.542.64.31.00 7.93 9.5% Sales Tax 111.000.68.542.64.31.00 112.72 Total : 1,299.23 216141 9/10/2015 072939 WESTERN WHOLESALE SUPPLY 285683 Recycle - Vinyl for Banners 36Page: Packet Page 63 of 259 09/10/2015 Voucher List City of Edmonds 37 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 216141 9/10/2015 (Continued)072939 WESTERN WHOLESALE SUPPLY Recycle - Vinyl for Banners 421.000.74.537.90.35.00 62.16 9.5% Sales Tax 421.000.74.537.90.35.00 5.91 Total : 68.07 216142 9/10/2015 064213 WSSUA TREASURER 302 AUGUST OFFICIAL FEES-MENS COED SOFTBALL AUGUST OFFICIAL FEES-MENS COED SOFTBALL 001.000.64.571.25.41.00 1,089.00 Total : 1,089.00 216143 9/10/2015 070717 WSU URBAN & PESTICIDE SAFETY RECERT EDHOUSE 1/27-1/28/15 RECERT EDHOUSE 1/27-1/28/15 RECERT EDHOUSE 001.000.64.576.80.49.00 120.00 1/27-1/28/15 RECERT MCGOWANRECERT MCGOWAN 1/27-1/28/15 RECERT MCGOWAN 001.000.64.576.80.49.00 120.00 Total : 240.00 216144 9/10/2015 051282 ZUMAR INDUSTRIES INC 0177903 Traffic - 30x30 Pent Blanks Traffic - 30x30 Pent Blanks 111.000.68.542.64.31.00 219.20 30x15 Alum Blanks 111.000.68.542.64.31.00 256.00 Freight 111.000.68.542.64.31.00 30.78 9.5% Sales Tax 111.000.68.542.64.31.00 48.07 Total : 554.05 Bank total : 190,455.04 93 Vouchers for bank code :usbank 190,455.04Total vouchers :Vouchers in this report 93 37Page: Packet Page 64 of 259 09/10/2015 Voucher List City of Edmonds 38 8:10:16AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 38Page: Packet Page 65 of 259 AM-7976 3. C. City Council Meeting Meeting Date:09/15/2015 Time: Submitted By:Linda Hynd Department:City Clerk's Office Type: Action Information Subject Title Acknowledge receipt of Claims for Damages from Birgit Albiker-Osterhaug ($2,500) and Willliam Wisner (undetermined). Recommendation Acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Birgit Albiker-Osterhaug 947 Mountain Lane Edmonds, WA 98020 ($2,500) William Wisner 18218 80th Avenue West Edmonds, WA 98026 (Undetermined) Attachments Albiker-Osterhaug Claim for Damages Wisner Claim for Damages Form Review Inbox Reviewed By Date Mayor Dave Earling 09/04/2015 06:19 PM Finalize for Agenda Linda Hynd 09/09/2015 04:04 PM Form Started By: Linda Hynd Started On: 09/04/2015 04:41 PM Final Approval Date: 09/09/2015 Packet Page 66 of 259 Packet Page 67 of 259 Packet Page 68 of 259 Packet Page 69 of 259 Packet Page 70 of 259 Packet Page 71 of 259 Packet Page 72 of 259 Packet Page 73 of 259 Packet Page 74 of 259 Packet Page 75 of 259 Packet Page 76 of 259 Packet Page 77 of 259 Packet Page 78 of 259 Packet Page 79 of 259 Packet Page 80 of 259 Packet Page 81 of 259 Packet Page 82 of 259 Packet Page 83 of 259 Packet Page 84 of 259 AM-7977 3. D. City Council Meeting Meeting Date:09/15/2015 Time:Consent Submitted By:Linda Hynd Department:City Clerk's Office Type: Action Information Subject Title 2015-2017 Teamsters collective bargaining agreement (contract) Recommendation Approval of the contract by Council in order to execute the terms of the contract. Teamsters has ratified the 2015-2017 contract negotiated with the City on 9/2/2015. Previous Council Action The contract has been discussed in executive sessions (as is appropriate for the collective bargaining process) and is on consent for approval by Council. Narrative The City began negotiating the terms of this agreement with Teamsters in July of 2014. There was a tentative agreement reached between the City and Teamsters at the end of July 2015. The contract was ratified by Teamsters on 9/2/2015 and is awaiting final Council approval. Attachments Teamsters Collective Bargaining Agreement Form Review Inbox Reviewed By Date Human Resources Linda Hynd 09/10/2015 11:23 AM City Clerk (Originator)Linda Hynd 09/10/2015 11:48 AM Mayor Dave Earling 09/10/2015 03:12 PM Finalize for Agenda Linda Hynd 09/10/2015 04:30 PM Form Started By: Linda Hynd Started On: 09/08/2015 11:00 AM Final Approval Date: 09/10/2015 Packet Page 85 of 259 Packet Page 86 of 259 Packet Page 87 of 259 Packet Page 88 of 259 Packet Page 89 of 259 Packet Page 90 of 259 Packet Page 91 of 259 Packet Page 92 of 259 Packet Page 93 of 259 Packet Page 94 of 259 Packet Page 95 of 259 Packet Page 96 of 259 Packet Page 97 of 259 Packet Page 98 of 259 Packet Page 99 of 259 Packet Page 100 of 259 Packet Page 101 of 259 Packet Page 102 of 259 Packet Page 103 of 259 Packet Page 104 of 259 Packet Page 105 of 259 Packet Page 106 of 259 Packet Page 107 of 259 Packet Page 108 of 259 Packet Page 109 of 259 Packet Page 110 of 259 Packet Page 111 of 259 Packet Page 112 of 259 Packet Page 113 of 259 Packet Page 114 of 259 Packet Page 115 of 259 Packet Page 116 of 259 Packet Page 117 of 259 Packet Page 118 of 259 Packet Page 119 of 259 Packet Page 120 of 259 AM-7980 3. E. City Council Meeting Meeting Date:09/15/2015 Time:Consent Submitted For:Jerry Shuster Submitted By:Megan Luttrell Department:Engineering Type: Action Information Subject Title Authorization for Mayor to sign a Settlement, Release of Liability, and Easement Agreement – 9232 183rd Place SW. Recommendation Authorize Mayor to sign the Settlement, Release of Liability and Easement Agreement. Previous Council Action On September 8, 2015, staff presented this item to Council and it was forwarded to the September 15, 2015, consent agenda. Narrative The private parcel at 9232 183rd PL SW hosts an open channel pipe system that carries stormwater runoff from approximately 30 acres, including some City right-of-way (Exhibit A). The parcel and the upstream area were annexed to the City in 1963 from Snohomish County. Most of the existing drainage system was installed prior to the annexation. The current resident purchased the property in or before 1985. At that time, an open stormwater drainage channel crossed through the property. In approximately 1985, the current owner altered the course of that drainage channel by relocating it and enclosing it in a pipe in order to construct a garage. The relocated drainage channel/pipe now occasionally floods in and around owner’s garage. The owner has asserted the occasional floods have caused cracks in the property’s driveway. The owner claims that the City improperly determined the size of the stormwater pipe at the time the channel was relocated. The City disputes that it had any involvement in or responsibility for the sizing or engineering of the pipe at the time the channel was relocated. There is no documentation that the City was involved in the sizing or engineering of that pipe. The City, while denying responsibility and liability for any of the flooding problem on the Property, would still like to resolve the flooding matter amicably and so it does not cause damage to adjacent or upstream properties. The City and owner met in 2013 to discuss a possible solution to the problem the City summarized that meeting and some related follow up activity from that meeting in a letter dated March 17, 2015, attached hereto as Exhibit B. The parties now intend to move forward with a resolution as substantially described in the March 17, 2015 letter. This Settlement, Release of Liability, and Easement Agreement (Exhibit C) is intended to resolve this issue to the satisfaction of both parties. The $25,000 included in the Agreement will come from the Stormwater Utility Fund (422) under the capital project “City-wide Drainage Replacements.” The approximately $5,000 the City spent designing the storm replacement will also come from the same fund. Packet Page 121 of 259 Attachments Exhibit A - Location Map Exhibit B - Letter from City to Resident Exhibit C - Proposed Agreement Form Review Inbox Reviewed By Date Engineering (Originator)Robert English 09/10/2015 11:10 AM Public Works Phil Williams 09/10/2015 01:26 PM City Clerk Linda Hynd 09/10/2015 02:10 PM Mayor Dave Earling 09/10/2015 03:12 PM Finalize for Agenda Linda Hynd 09/10/2015 04:30 PM Form Started By: Megan Luttrell Started On: 09/09/2015 04:36 PM Final Approval Date: 09/10/2015 Packet Page 122 of 259 Hi g h S t Oly m p i c V i e w D r 92 n d A v e W 187th St SW 91 s t A v e W 186th Pl SW 184th St SW 91 s t P l W Access Rd 185th Pl SW 94 t h A v e W 183rd Pl S W A c c e s s R d No warranty of any sort, including accuracy, fitness,or merchantability accompany this product. 1 in = 175 ft 0 90 180 270 360 45045 Feet ¹Legend Non Edmonds CBEdmonds Catch BasinNon Edmonds MHEdmonds ManholeStorm PipesEdmonds_Parcels_2015_03Contour_10ft_smoothed 9232 183rd PL SW Hutt Park Exhibit A Packet Page 123 of 259 Packet Page 124 of 259 Packet Page 125 of 259 Settlement, Release of Liability, and Easement Agreement THIS AGREEMENT, made this 15th day of September 2015, by and between the City of Edmonds, Washington (hereinafter the “City” or “Grantee”), a Washington municipal corporation, and Olaf and Daryl Van Leunen, a married couple (hereinafter the “Grantor”). R E C I T A L S WHEREAS, the Grantor is the fee simple owner of a certain parcel of real estate located in the City of Edmonds, Washington, commonly known as 9232 183rd Place SW and legally described as set forth in Exhibit A, which is incorporated herein by this reference (“the Property”); and WHEREAS, Grantor purchased the property in approximately in or before 1985; and WHEREAS, at the time of Grantor’s purchase an open stormwater drainage channel crossed through the property; and WHEREAS, in approximately 1985, Grantor altered the course of that drainage channel by relocating it and enclosing it in a pipe in order to construct a garage on the Property; and WHEREAS, the relocated drainage channel/pipe now occasionally floods in and around Grantor’s garage and WHEREAS, the Grantor has asserted the occasional floods have caused cracks in the property’s driveway; and WHEREAS, Grantor claims that the City improperly determined the size of the stormwater pipe at the time the channel was relocated; and WHEREAS, City disputes that it had any involvement in or responsibility for the sizing or engineering of the pipe at the time the channel was relocated; and WHEREAS, there is no documentation that the City was involved in the sizing or engineering of that pipe; and WHEREAS, the City, while denying responsibility and liability for any of the flooding problem on the Property, would still like to resolve the flooding matter amicably; and WHEREAS, the City and Grantor met in 2013 to discuss a possible solution to the problem; and WHEREAS, the City summarized that meeting and some related follow up activity from that meeting in a letter dated March 17, 2015, attached hereto as Exhibit B and incorporated herein by this reference as if set forth in full, the terms of which are made terms of this agreement except to the extent that they conflict with the terms expressly set forth below; and WHEREAS, the parties now intend to move forward with a resolution as substantially described in the March 17, 2015 letter; and WHEREAS, the City retained CHS Engineers, at its own expense, to design improvements to the stormwater infrastructure on the Property (the Improvements), which Packet Page 126 of 259 design is depicted in the drawing from CHS Engineers dated May 28, 2015, attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, Grantor acknowledges that CHS Engineers was directed to design the capacity of the Improvements to handle a 25-year storm event; and WHEREAS, Grantor had the opportunity to have the CHS Engineers design reviewed by its own engineer; and WHEREAS, Grantor has had the opportunity to design an alternate improvement that would have capacity to handle even larger storm events; and WHEREAS, the parties intend for the conditions and covenants contained in this Easement and Agreement to run with the land in perpetuity, and to be binding on all subsequent owners and occupants of the Property; and NOW, THEREFORE, the parties, by executing this Agreement, have agreed to the following terms in exchange for the consideration described below: TERMS Section 1. The City shall pay the Grantor the actual cost of the City-approved Improvements PROVIDED THAT such payment shall not exceed Twenty-five Thousand Dollars ($25,000.00) even if the actual cost exceeds that amount. In exchange for this payment, the City will receive the Easement, release and waiver, and other terms and covenants required of Grantor under this Agreement. Payment shall be made within 30 days of completion of the construction of the City-approved Improvements by the Grantor. Section 2. The Grantor hereby conveys to the City, and the City hereby accepts, a perpetual, nonexclusive Stormwater Easement over the Property hereinabove described, of the nature and character, and to the extent hereinafter described. The portion of the Property burdened by the Stormwater Easement shall be the area reasonably necessary to allow the existing stormwater channel and pipe system to cross the Property and the area reasonably necessary to allow the City to access the Improvements for the purposes of inspecting and, if it elects to do so, maintaining or repairing the same. Notwithstanding the grant of this Stormwater Easement, the Parties hereby agree and acknowledge that it shall be the Grantor’s responsibility, not the City’s, to regularly inspect and maintain the Improvements and keep them functioning properly. Grantor shall also be obligated to make repairs to the Improvements if and when such repairs are needed. The granting of this Stormwater Easement to the City in no way shifts the inspection, maintenance, and repair burdens from the Grantor to the City. The restrictions, conditions and easements imposed upon the use of the Property, the acts which the Grantor, the City, and their respective successors and assigns, covenant to do and refrain from doing upon the Property, and the acts which they covenant to permit to be done upon the Property shall be as follows: A. The foregoing Recitals are agreed to and incorporated herein, and shall be binding upon the parties. B. The City may, at its option, construct, enhance, install, maintain, repair, replace and use the Improvements described in Exhibit C. C. The City may continue to convey stormwater in a channel and/or pipe across, over, under, and through the Property. D. Grantor shall, at its own expense, obtain permits for and construct the Improvements described in Exhibit C. Construction shall be completed no later than _September 30 Packet Page 127 of 259 2016. Any design changes to the Improvements that the Grantor plans to construct must be approved in writing by the City prior to construction of said Improvements, PROVIDED THAT if changes need to be made during construction that would typically be made in the field to account for conditions that could only be discovered during construction, approval of such changes may be obtained by submitting an as-built plan within ten days of the completion of construction. E. The Grantor, its successors and assigns, warrant that the Property shall be used and maintained in such a manner as not to damage the Improvements or otherwise interfere with the continuous flow of stormwater across, over, under, and through the Property. F. Any written notices required by this Agreement shall be sent to the City, c/o Public Works Director, 7110 210th St SW, Edmonds, WA 98026; or if to the Grantor, c/o Owner, 9232-183rd PL SW, Edmonds WA 98020. Section 3. The Stormwater Easement and the conditions and covenants set forth herein shall run with the Property and the benefits and burdens shall bind and inure to the benefit of both of the parties, their successors and assigns, in perpetuity, and shall constitute a covenant running with the title to the Property. Section 4. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior agreements of any officer or representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement or the Agreement documents unless expressly incorporated herein. Section 5. Grantor, on behalf of its heirs and assigns, hereby waives and releases the City, its officers, employees, agents, and assigns, from all past, present, and future claims for damages to Grantor and the Property which may be related to and/or caused by stormwater crossing, over, under, and through the Property. This scope of this release and waiver includes, without limitation, claims for damages caused by or related to improper or negligent design of the Improvements, claims for damages caused by or related to increases in the volume of water passing through the channel/pipe from upstream, and claims for damages caused by or related to the failure of the Improvements to prevent future flooding of the Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this __ day of __________________, 2015. GRANTEE, CITY OF EDMONDS: ___________________________________ David O. Earling, Mayor ATTEST/AUTHENTICATED: ___________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: ___________________________________ Office of the City Attorney Packet Page 128 of 259 STATE OF WASHINGTON ) ss. County of __________________ ) I certify that I know or have satisfactory evidence that David O. Earling is the person who appeared before me, and said person acknowledged that he signed this instrument as the Mayor of the City of Edmonds, a Washington municipal corporation, and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument on behalf of such Washington municipal corporation. Dated: __________________ _______________________________________ Notary Public in and for the State of Washington, residing at: ________________ My appointment expires: ________________ GRANTORS, OLAF & DARYL VAN LEUNEN: ___________________________________ Olaf Van Leunen ___________________________________ Daryl Van Leunen STATE OF _________________ ) ) ss. County of __________________ ) I certify that I know or have satisfactory evidence that Olaf Van Leunen and Daryl Van Leunen are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument on behalf of themselves and their marital community. Dated: __________________ _______________________________________ Notary Public in and for the State of ____________, residing at: ________________ My appointment expires: ________________ Packet Page 129 of 259 EXHIBIT A Legal Description Lot 2, Strathy Arbor, Volume 19 of Plats, Page 83, Snohomish County, Washington. Packet Page 130 of 259 EXHIBIT B Letter from the City to Resident Dated March 17, 2015 Packet Page 131 of 259 Packet Page 132 of 259 Packet Page 133 of 259 EXHIBIT C Design Plans Packet Page 134 of 259 REE N IGNELANOIS S E F O R P 33197 DERETSIGE R N O T G N IHSAWFOETATS E K N EH.FNAVE Packet Page 135 of 259 REE N IGNELANOISS E F O R P 33197 DERETSIGE R N O T G N IHSAWFOETATS E K N EH.FNAVE Packet Page 136 of 259 AM-7981 3. F. City Council Meeting Meeting Date:09/15/2015 Time:Consent Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Type: Action Information Subject Title Authorization for Mayor to sign an Agreement with Quiet Zone Technologies for the Wayside Horn project Recommendation Authorize Mayor to sign the Agreement. Previous Council Action On September 8, 2015, staff presented this item to Council and it was forwarded to the September 15, 2015, consent agenda. Narrative Main St. and Dayton St. are two at-grade railroad crossings with on-going noise from the train horn with the more than sixty daily train crossings from Sounder Commuter, Amtrak, and Freight (BNSF) trains. The Wayside Horns would help reduce noise levels throughout the Edmonds Downtown area. On July 7, 2015, a Selection Committee interviewed three project teams. The team from Quiet Zone Technologies was selected by the Committee based on their experience with similar railroad projects. Staff and the consultant have agreed on a scope of services and fee proposal in the amount of $48,223 for design and $140,905 for installation of the horns and supporting equipment. A 10% management reserve for services not identified in the scope of work is included in the agreement. The 2015 Budget includes $50,000 to fund the design phase. The proposed 2016 Budget will include $300,000 in funding to pay for the remaining costs including installation and BNSF costs to coordinate and complete the project. The City will request an estimate from BNSF during the Diagnostic Team Review (Task 1) to determine their cost to complete the installation. The design phase is scheduled to start in October 2015 and the installation is scheduled to be completed by December 2016. The initial fee for the agreement is $208,042 and includes the 10% management reserve. Attachments QZT Agreement Form Review Inbox Reviewed By Date Packet Page 137 of 259 Engineering (Originator)Robert English 09/10/2015 11:09 AM Public Works Phil Williams 09/10/2015 01:26 PM City Clerk Linda Hynd 09/10/2015 02:10 PM Mayor Dave Earling 09/10/2015 03:12 PM Finalize for Agenda Linda Hynd 09/10/2015 04:30 PM Form Started By: Megan Luttrell Started On: 09/09/2015 04:38 PM Final Approval Date: 09/10/2015 Packet Page 138 of 259 CITY OF EDMONDS 121 5TH AVENUE NORTH · EDMONDS, WA 98020 · 425-771-0220 · FAX 425-672-5750 Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division DAVE EARLING MAYOR WAYSIDE HORNS AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF EDMONDS, a Washington municipal corporation (hereinafter the CITY) and QUIET ZONE TECHNOLOGIES (hereinafter QZT). WITNESSETH: THAT WHEREAS, the CITY has determined that it requires detailed information relating to the possible installation of wayside horns at two (2) at-grade railroad crossings along the BNSF Railway Corridor (Main Street Crossing #085445K and Dayton Street Crossing #085439G) (the Wayside Horns Project) before deciding whether to proceed with such an installation; and WHEREAS, in the event that the CITY decides to proceed with the Wayside Horns Project, it requires detailed information relating to the design and installation of the Project; and WHEREAS, the CITY has sought proposals for the design and installation of the Wayside Horns Project; and WHEREAS, QZT provided the CITY with a proposed scope of work to provide all of the materials, supplies, tools, equipment, labor and other services necessary for the design and installation of the Wayside Horns Project, and agreed to accept as payment in full therefore the sums set forth in QZT’s proposed schedule of values; and WHEREAS, the said proposed scope of work and schedule of values, copies of which are attached hereto as Attachments A and B respectively, and incorporated herein by this reference, full y and accurately set forth and describe the terms and conditions upon which QZT proposes to furnish said materials, supplies, tools, equipment and labor, and perform said work, together with the manner and time of furnishing the same; NOW, THEREFORE, IT IS AGREED that, in consideration of the terms and conditions contained herein and in the attached, which are made a part of this Agreement, the parties hereto covenant and agree as follows: 1. SCOPE OF WORK. QZT shall do all the work and furnish all the materials, supplies, tools, equipment and labor necessary for the design and installation of the Wayside Horns Project in accordance with and as described in the proposed scope of Packet Page 139 of 259 Page 2 of 8 work (Attachment A), and shall perform and make alterations in, or additions to, the work provided under this Agreement and every part thereof, as requested by the CITY. 2. CONTRACT PRICE. QZT shall perform the work set forth in the proposed scope of work for the prices set forth in the proposed schedule of values (Attachment B). Payment shall be made only for authorized work, and only after the work is accepted by the CITY. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY for a period of three (3) years after final payment. Copies shall be made available upon request. 3. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by the parties. QZT agrees to commence work under this Agreement for the design and installation phases of the project on dates to be specified in written "Notices to Proceed" to be provided by the City, and to fully complete the project no later than December 31, 2016. 4. CHANGES/MANAGEMENT RESERVE FUND. The CITY may make changes to the scope of work by negotiation of a formal written task order agreement at a mutually agreed adjustment in the contract price. A management reserve fund (MRF) is being established for the design and installation phases, to be used to allow QZT to perform additional work outside of the Scope of Work set forth in Exhibit A. The maximum MRF for both phases is set up as 10% of the cost of each phase. The CITY cannot authorize the use of, and QZT cannot utilize, the MRF until a task order agreement is set up. To set up a task order agreement, the CITY and QZT must negotiate the scope, schedule and budget for the increase in direct salary and overhead costs, or the increase in additional work, to use all or a portion of the MRF. 5. PROJECT CLOSE-OUT. QZT agrees to comply with all project close-out requirements of the CITY, to include testing of equipment and maintenance training. All materials installed in connection with the Wayside Horns Project will become the property of the CITY upon project close-out. 6. DEFECTIVE OR UNAUTHORIZED WORK. The CITY reserves the right to withhold payment from QZT for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without the CITY’S written approval. If QZT is unable, for any reason, to satisfactorily complete any portion of the work, the CITY may complete the work by contract or otherwise, and QZT shall be liable to the CITY for any additional costs incurred by the CITY. Packet Page 140 of 259 Page 3 of 8 "Additional costs" means all reasonable costs incurred by the CITY, including legal costs and attorneys’ fees, beyond the maximum contract price under this Agreement. The CITY further reserves the right to deduct the cost to complete the work, including any additional costs, from any amounts due or to become due to QZT. 7. WARRANTY. QZT shall correct all defects in workmanship and materials within one year from the date of the CITY’S acceptance of the work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the CITY. QZT shall begin to correct any defects within seven (7) days of its receipt of notice from the CITY of the defect. If QZT does not accomplish the corrections within a reasonable time, the CITY may complete the correction and QZT shall pay all costs incurred by the CITY to accomplish the correction. 8. HOLD HARMLESS. QZT shall perform all work at QZT’s risk and QZT expressly agrees to hold harmless and indemnify the CITY, its officers, agents and employees from any and all claims, liability, loss, or damage(s), including costs and reasonable attorneys’ fees for defense of the same, that the CITY may suffer as a result of claims, liability, loss, or damages to any and all persons or property, costs, or judgments against the CITY which result from, arise out of, or are in any way connected with the work to be performed by QZT under this Agreement. With respect to the performance of this Agreement and as to any claim against the CITY, its officers, agents and employees, QZT expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of QZT. This waiver is mutually negotiated by the parties. This paragraph shall not apply to damage resulting from the sole negligence of the CITY, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the CITY, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of QZT, its officers, agents and employees. QZT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. 9. INSURANCE. QZT shall procure and maintain at its expense during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW: Packet Page 141 of 259 Page 4 of 8 A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance, the CITY will be named on all policies as an additional insured. QZT shall furnish the CITY with verification of insurance and endorsements required by the Agreement prior to the commencement of any work under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. QZT shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the CITY. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the CITY. QZT’s professional liability to the CITY shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall QZT’s professional liability to third parties be limited in any way. 10. TERMINATION. The CITY may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. QZT’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the work. B. QZT’s failure to complete the work within the time specified in this Agreement. C. QZT’s failure to make full and prompt payment to subcontractors or for material or labor. D. QZT’s failure to comply with any federal, state, or local laws, regulations, rules, or ordinances. Packet Page 142 of 259 Page 5 of 8 E. QZT’s filing for bankruptcy or being adjudged bankrupt. If the CITY terminates this Agreement for good cause, QZT shall not receive any further monies due under this Agreement until the work is completed. 11. OWNERSHIP AND USE OF DOCUMENTS. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by QZT in preparation for the services rendered by QZT under this Agreement shall be and are the property of QZT, provided, however, that: A. All final reports, presentations and testimony prepared by QZT shall become the property of the CITY upon their presentation to and acceptance by the CITY and shall at that date become the property of the CITY. B. The CITY shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of QZT may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that QZT shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of QZT, along with a summary of work done to date of default or termination, shall become the property of the CITY and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 12. DISCRIMINATION PROHIBITED. QZT shall not discriminate against any employee or applicant for employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. 13. CONSULTANT IS AN INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of QZT shall be deemed to be an agent, employee or representative of the CITY for any purpose. QZT shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. Packet Page 143 of 259 Page 6 of 8 14. INTEGRATION. The Agreement between the parties shall consist of this document and the bid proposal letter and schedule of values attached hereto as Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A or B, this Agreement shall control. 15. STANDARD OF CARE. QZT represents that QZT has the necessary knowledge, skill and experience to perform services required by this Agreement. QZT and any persons employed by QZT shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 16. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. NON-ASSIGNABLE. The services to be provided by QZT shall not be assigned or subcontracted without the express written consent of the CITY. 18. COVENANT AGAINST CONTINGENT FEES. QZT warrants that he has not employed nor retained any company or person, other than a bona fide employee working solely for QZT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for QZT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 19. COMPLIANCE WITH LAWS. QZT in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Packet Page 144 of 259 Page 7 of 8 QZT specifically agrees to obtain a City of Edmonds business license prior to beginning any work on the Wayside Horns Project, as well as to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 20. NOTICES. Notices to the CITY of Edmonds shall be sent to the following address: CITY of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to QZT shall be sent to the following address: Quiet Zone Technologies 7471 Benbrook Parkway Benbrook TX 76126 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 2015. CITY OF EDMONDS: By DAVID O. EARLING, MAYOR ATTEST: SCOTT PASSEY, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Packet Page 145 of 259 Page 8 of 8 QUIET ZONE TECHNOLOGIES: (PLACE CORPORATE SEAL HERE) By Title STATE OF ) ) ss COUNTY OF ) On this day of , 2015 before me personally appeared known to be the (president, vice president, secretary, treasurer, or other authorized officer or agent, as the case may be) of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and upon oath stated that he/she was authorized to execute said instrument and that the seal affixed hereto is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, residing at Packet Page 146 of 259 Attachment A Packet Page 147 of 259 Packet Page 148 of 259 Packet Page 149 of 259 At t a c h m e n t B Pa c k e t Pa g e 15 0 of 25 9 AM-7982 3. G. City Council Meeting Meeting Date:09/15/2015 Time:Consent Submitted For:Scott James Submitted By:Scott James Department:Finance Review Committee: Committee Action: Type: Information Information Subject Title Interfund Loan Notification Recommendation Previous Council Action Narrative This Agenda Memo will serve as a notification to Council that two funds are receiving interfund loans on August 31, 2015 as they both are waiting for grant reimbursement. The funds are; Historic Preservation Fund 014 and the Street Construction Fund 112. The reason both funds need an interfund loans is, the granting agencies pay out their grant funds on a reimbursement basis. The Historic Preservation Fund is receiving an interfund loan from the Contingency Reserve Fund for $5,685. The Street Construction Fund is receiving an interfund loan from the Contingency Reserve Fund for $1,985,340. Form Review Inbox Reviewed By Date Finance Scott James 09/10/2015 08:04 AM City Clerk Linda Hynd 09/10/2015 08:58 AM Mayor Dave Earling 09/10/2015 03:13 PM Finalize for Agenda Linda Hynd 09/10/2015 04:30 PM Form Started By: Scott James Started On: 09/10/2015 07:34 AM Final Approval Date: 09/10/2015 Packet Page 151 of 259 AM-7943 5. A. City Council Meeting Meeting Date:09/15/2015 Time:30 Minutes Submitted For:Sean Conrad Submitted By:Michael Clugston Department:Planning Type: Action Information Subject Title Closed Record Review of the Planning Board's recommendation to approve an application by Merlone Geier Partners to rezone a portion of a 9.1 acre property at the northwest corner of 220th Street SW and Highway 99. The property is currently zoned General Commercial (CG2) with the western half of the property encumbered by a contract rezone (R-02-90). The rezone request would remove the contract rezone and its restrictions on the western half of the property and leave the property under the CG2 zone. (File #PLN20150024). Recommendation Direct the city attorney to draft an ordinance approving the property owner's request to remove the contract zoning on the western portion of the property. Previous Council Action None Narrative The applicant is requesting to remove the contract zoning and its restrictions on the western half of the property to permit further development of the property. The contract zoning currently restricts any type of change to the western portion of the property. If removed, the underlying zoning of General Commercial (CG2) will remain in place. A site-specific rezone is a “Type IV-B” application. Staff makes a recommendation to the Planning Board who conducts a public hearing and forwards a recommendation to the City Council. The Council holds a closed-record review of the project and makes the final decision. The full record of the Planning Board's review is contained in the attached exhibits. The recommendation of the Planning Board for approval is contained in the board's minutes (Exhibit 1). Attachments Exhibit 1: Planning Board Minutes Exhibit 2: Staff presentation Exhibit 3: Staff report Form Review Packet Page 152 of 259 Inbox Reviewed By Date Planning Department (Originator)Rob Chave 09/09/2015 01:43 PM City Clerk Linda Hynd 09/09/2015 02:35 PM Mayor Dave Earling 09/09/2015 03:31 PM Finalize for Agenda Linda Hynd 09/09/2015 04:04 PM Form Started By: Michael Clugston Started On: 08/17/2015 11:08 AM Final Approval Date: 09/09/2015 Packet Page 153 of 259 SUBJECT TO AUGUST 12TH APPROVAL CITY OF EDMONDS PLANNING BOARD MINUTES July 22, 2015 Chair Tibbott called the meeting of the Edmonds Planning Board to order at 7:03 p.m. in the Council Chambers, Public Safety Complex, 250 – 5th Avenue North. BOARD MEMBERS PRESENT Neil Tibbott, Chair Philip Lovell, Vice Chair Matthew Cheung Carreen Rubenkonig Daniel Robles Valerie Stewart BOARD MEMBERS ABSENT Todd Cloutier (excused) Nathan Monroe (excused) STAFF PRESENT Kernen Lien, Senior Planner Sean Conrad, Planner Bertrand Hauss, Transportation Engineer Karin Noyes, Recorder READING/APPROVAL OF MINUTES VICE CHAIR LOVELL MOVED THAT THE MINUTES OF JUNE 10, 2015 BE APPROVED AS SUBMITTED. BOARD MEMBER STEWART SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. VICE CHAIR LOVELL MOVED THAT THE MINUTES OF JULY 8, 2015 BE APPROVED AS AMENDED. BOARD MEMBER ROBLES SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was amended to place the presentation on the draft Complete Streets SR-104 Corridor Analysis (Item 8a) before the continued discussion and potential recommendation regarding the Critical Areas Ordinance (Item 7a). The remainder of the agenda was accepted as presented. AUDIENCE COMMENTS No one in the audience indicated a desire to provide comment during this portion of the meeting. DEVELOPMENT SERVICES DIERCTOR REPORT TO PLANNING BOARD Vice Chair Lovell requested further information about the public hearing the City Council conducted on July 21st. Mr. Lien said the hearing was relative to an interlocal agreement with the Edmonds School District for the fields at the old Woodway High School site. Board Member Lovell reminded the Board Members of the City-sponsored volunteer picnic on August 9th at 2 p.m. Packet Page 154 of 259 DRAFT Planning Board Minutes July 22, 2015 Page 2 PUBLIC HEARING ON APPLICATION BY MERLONE GEIER PARTNERS: The applicant is proposing to rezone a portion of a 9.1-acre site at the northwest corner of 220th Street SW and Highway 99. The property is currently zoned General Commercial (CG2) with the western half being encumbered by a contract rezone (R-02-90). The rezone request would remove the contract rezone and its restrictions on the western half of the property and leave the property under the CG2 zone. (File Number PLN20150024) Mr. Conrad presented the Staff Report, noting that the property is located at 21900 – Highway 99 (Corner of 220th Street S.W. and Highway 99), which is the former location of the Top Foods Grocery Store. He provided a zoning map to illustrate the location and zoning of the subject property and adjacent properties. He noted that properties to the east and south are zoned for commercial uses and include a fast-food drive in, coffee shop, casino, gas station and car dealership. The Edmonds Swedish Hospital Campus is located to the north on property that is zoned CG and located within the Medical Use (MU) zoning district. Property to the west is zoned CG2 and Multi-Family Residential (RM 2.4). An office building is located on the CG2 zoning, with an apartment building located on the RM 2.4 zoning. Mr. Conrad reviewed that a retail building was developed on the 9.1 acre site in 1992, following the City Council’s 1991 approval of a contract rezone for approximately 5.5 acres of the western half of the property from Multi-Family (RM 2.4) to CG2 to accommodate development of the approximately 88,300 square foot grocery store. The contract rezone stipulated conditions related to traffic mitigation that included upgrades on 220th Street SW and 7th Avenue West, as well as traffic impact fees. The contract also placed restrictions on the hours of construction, hours of operation, and hours for delivery trucks. Lastly, the contract included restrictions relative to the site plan and built conditions. While conditions relative to the hours of operation and traffic mitigation have been met, the land use conditions significantly limit further development of the property. The current property owner is seeking to remove the contract zoning but maintain the underlying CG2 zoning. Mr. Conrad provided a Google Earth map to illustrate the condition of the property in 1990 and noted there were older residential homes nearby and stands of significant trees. The hospital campus to the north was much smaller, and the property to the west was developed as multi-family. Based on the character of the area in 1990 and public feedback, the Planning Board and City Council put contract zoning in place on the western portion of the property to limit development and meet the Comprehensive Plan goals that were in place at the time. Mr. Conrad provided a Google Earth map to illustrate the current conditions on the property, noting that the hospital campus has expanded to the northern boundary of the subject property and there are significantly more office-type uses to the west. A car dealership and gas station have also been developed since the subject property was developed in 1992. Based on the current character of the area, as well as the goals and policies called out in the City’s current Comprehensive Plan, staff is recommending that the Planning Board forward a recommendation to the City Council in support of the applicant’s request to remove the contract zoning on the western portion of the property, which would remain as CG2 zoning. The proposed change would allow the property owner to further develop the site consistent with the zoning regulations and development standards currently in place. Board Member Stewart noted that 10 significant trees are discussed in the Environmental Checklist, but they are not identified on the site map. She requested more information relative to the trees. Mr. Conrad advised that six trees are located in the parking area and four trees are located along 220th Street SW. Board Member Stewart asked if the trees along 220th Street SW are located on the subject property or within the City’s right-of-way. Mr. Conrad said he believes the trees are located on the subject property. He noted that, as per the contract rezone, improvements on 220th Street SW maximized the right-of-way to accommodate the sidewalks and the required street trees had to be planted on the private property. Board Member Stewart emphasized that the City encourages developers to retain trees to the maximum extent feasible, and she hopes consideration will be given when the plans are drawn up. She noted that the trees appear healthy. Board Member Rubenkonig noted that the Staff Report refers to the existing trees as mature trees that were retained when the site was developed in 1992. However, it is important to keep in mind that there were more trees on the site before it was developed. In the contract rezone, the City Council specifically called out the remaining trees as trees that should remain on the site after development. She summarized that the conditions of the contract rezone relative to traffic mitigation and hours of operation have been met over the past 24 years. The only thing that would change if the contract is removed is that the Packet Page 155 of 259 DRAFT Planning Board Minutes July 22, 2015 Page 3 trees would be removed in order to build as planned. She suggested the Board consider how the site has maintained its integrity for the past 24 years and the presence the trees add to the parcel. Brian Dickerson, PacLand, said he was present to represent the applicant, Merlone Geier Partners, and the architect, McG?? Architects. He thanked Mr. Conrad for his thorough Staff Report and indicated support for the staff’s recommendation of approval. He referred to the criteria the Planning Board and City Council must consider when reviewing rezone applications, and said he believes the application meets the criteria due to changes that have taken place along the Highway 99 Corridor over the last 24 years. The proposed application would retain the underlying CG2 zone, but eliminating the contract would allow for further development of the property that is consistent with the City’s goals for development along the corridor. He noted that changes in the area include additional development, roadway improvements, and better transit service. He believes the proposed rezone would be compatible with the surrounding uses, and he foresees additional development along Highway 99 consistent with the City’s Comprehensive Plan goal of encouraging a variety of mixed commercial uses. He provided a map of the subject property, identifying the location of the existing building, as well as the property that is currently governed by a contract rezone. He summarized that eliminating the contract would provide for better utilization of the parking lot and would be compatible with the surrounding area, as well as the goals and policies called out in the Comprehensive Plan for the Highway 99 Corridor. Chair Tibbott asked if Mr. Dickerson has any thoughts on how the property might be developed if the contract is lifted, other than as a “new shops building.” Mr. Dickerson suggested that would be a better question for the applicant or property owner to answer. Chair Tibbott opened the public hearing. No one in the audience indicated a desire to provide comment, and the public portion of the hearing was closed. Mr. Lien explained that the current application is a site-specific rezone request, which is a Type IV-B (quasi-judicial) decision. The application was submitted by the property owner and was not initiated by the City. He explained that quasi- judicial decisions involve discretionary judgment by the decision bodies. The Planning Board is being asked to conduct a public hearing and make a recommendation to the City Council. The City Council will consider the application in a closed- record review and make the final decision. The record on the application is established by the Planning Board. When the City Council considers the Planning Board recommendation, they can only consider what was discussed at the Planning Board hearing and no new information can be considered. He reminded the Board of the decision criteria for rezone applications found in Edmonds Community Development Code (ECDC) 20.40.010, and noted that the Staff Report addresses how the application is consistent with each criterion. When the Planning Board formulates its recommendation to the City Council, it should make mention of whether or not the application is consistent with the criterion. He emphasized that appearance of fairness is also important. Board Members should disclose any contact they might have had with the applicant or any other appearance of fairness issues. Vice Chair Lovell asked the purpose of the proposed new shops building. Ross Vontver, Merlone Geier Partners, said the proposed building is intended to house small shops, and small shop owners have expressed an interest in locating in the new building. If the proposed rezone is approved and the building is constructed, it is likely that three tenants could be accommodated in the approximately 6,000 square foot building. Vice Chair Lovell noted that the site is currently classified as part of the Medical Use (MU) District. Mr. Lien agreed that the parcel is located within the Highway 99 Corridor and MU District. Vice Chair Lovell pointed out that CG2 zoning within the MU District allows for greater building height and massing. It also has fewer restrictions relative to retail uses on the ground floor, and allows for a mixture of uses that includes residential. He asked if the property owner has given any thought to incorporating residential uses to a greater degree in future development. Mr. Vontver answered no. He explained that the new tenant for the existing building is Winco, and their parking requirement is such that they would only agree to allow the proposed 6,000 square foot building. Vice Chair Lovell voiced concern that there would still be too much parking area even if the contract is lifted and a new building is constructed on the site in conjunction with the existing building. He asked if a study has been done by Winco to clearly establish the amount of parking needed. Mr. Vontver answered affirmatively. Vice Chair Lovell recalled that, over the years, there have been a number of comments that there is a sea of parking available at this site that is not fully utilized. Packet Page 156 of 259 DRAFT Planning Board Minutes July 22, 2015 Page 4 Vice Chair Lovell provided pictures he took of the subject property to illustrate the location of the existing building, as well as the existing trees and landscaping. The pictures also illustrated the development that has occurred on surrounding properties since the subject property was developed in 1991, including a gas station, casino and car dealership. He also noted that a major mixed-use development has been proposed southeast of the subject property. He pointed out the trees that are located in the interior landscape area, as well as the trees that are located along 220th Street SW, and requested clarification about which trees would be retained as per the proposal. Mr. Dickerson answered that the trees within the planting strip on the west side of 220th Street SW would be retained and potentially added to. However, the interior trees, as well as most of the trees within the planting strip along the east side of 220th Street SW would likely have to be replaced to accommodate construction of the new building. Mr. Lien reminded the Board that the design standards for the CG2 zone require a four- foot, fully-landscaped planting area along the street. Board Member Stewart recognized that the proposal is a rezone application and not a project application, and tree location and size will be required as part of the development permit application. However, she suggested that it would be helpful for the applicant to identify the existing trees and their diameter on the site plan when the proposed rezone application is presented to the City Council for review. Board Member Stewart asked staff to clarify the difference between Mixed-Use (MU) and General Commercial (CG2) zoning. She said her understanding is the MU provides more flexibility for residential uses. Mr. Lien clarified that the MU designation to the north actually identifies the Medical Use District and not mixed-use zoning. He emphasized that residential uses are also allowed in the CG2 zone. Mr. Lien clarified that the current contract on the site not only addresses the existing trees, it was written to be a binding site plan that only allows the grocery store use. As per the contract conditions, no other commercial structure can be built on the site regardless of whether the trees will be retained or not. Board Member Stewart asked about the height limit for buildings in the CG2 zone, and Mr. Lien answered that the height limit is 75 feet; but the subject property is located within the Highway 99 Corridor, which has been designated as “high-rise node.” Board Member Robles asked if something other than Winco could have located on the site if the request to lift the contract had been submitted and approved two years ago. Mr. Lien answered affirmatively. Board Member Robles observed that lifting the contract would enable the site to be redeveloped in a number of different ways should Winco decide to vacate the property at some point in the future. Mr. Lien agreed that lifting the contract would enable the property to be redeveloped consistent with CG2 zoning, with no restrictions. Board Member Rubenkonig observed that the Planning Board Agenda lists the application as a “citizen request.” This was confusing to her because, although the applicant is the property owner, he/she is not a citizen of Edmonds. Mr. Lien noted that there are very few choices to check on the Staff Report memorandum, and “citizen request” was the most appropriate. Board Member Rubenkonig noted that there are several issues identified in the Staff Report that should be discussed as part of the record: • Page 4 of the Staff Report makes it clear that housing is a permitted use in the CG2 zone. • Page 5 of the Staff Report states that removing the mature trees would be an impact of removing the contract zoning as proposed by the applicant. • Page 7 of the Staff Report states that the contract needs to be terminated in order for the southern section of the site to be developed. However, if other parts of the site were developed, the contract would not have to be dropped. The rezone request is really a site-specific situation because the building could be located elsewhere on the parcel without requiring termination of the contract rezone. • Page 2 of Attachment 2 points out that the conditions for the contract rezone have been met, but the termination of the contract would eliminate the protection of the mature trees along 220th Street SW. She understands that the Design Standards will require that the site be landscaped in a certain way, but she questioned if there is any way the City could require that the trees be protected as part of the development proposal. Mr. Lien answered no. He reminded the Board Packet Page 157 of 259 DRAFT Planning Board Minutes July 22, 2015 Page 5 that they are reviewing a contact rezone application and not a building proposal. Board Member Rubenkonig said her intent was to point out the connection between terminating the contract and protecting the mature trees. • Page 9 of Attachment 5 notes that 10 existing trees, as well as various shrubs and groundcover, would be removed in the parking lot landscape area to accommodate the proposed development. • Page 7 of Attachment 9 goes back to 1991 and shows the high regard for the existing trees on the landscape plan as the contract rezone was considered in order to allow the existing grocery store building. Board Member Rubenkonig asked staff to share their thoughts as to how protection of the mature trees could be considered in light of a possible motion on the part of the Board to terminate the contract. Could they put a condition on the termination of the contract? Mr. Lien pointed out that putting a condition on the termination would be essentially establishing another contract rezone, and that is not the request that is currently before the Board for consideration. Board Member Rubenkonig asked if the Board could recommend denial of the application based on the need to protect the mature trees that were called out for protection in 1991. Board Member Lovell reminded the Board that they are being asked to consider the request to remove the contract and rezone the property to CG2. He asked if the Planning Board would have an opportunity to review a future development proposal for the site. Mr. Lien answered that development proposals are not reviewed by the Planning Board. Mr. Lien reminded the Board of the criteria that must be considered when reviewing rezone applications (ECDC 20.40.010). He stated the criteria as follows: A. Comprehensive Plan. Whether the proposal is consistent with the Comprehensive Plan. B. Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district. C. Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of the surrounding or nearby property. D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in City policy to justify the rezone. E. Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area, and parcels elsewhere with the same zoning. F. Value. The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners. Chair Tibbott expressed his belief that the proposal to remove the contract is completely consistent with the current level o f development along Highway 99 and the surrounding area. There has been a great deal of change over the last 25 years, and he expects even more change in the next 25 years. It makes sense to remove the contract and bring the entire parcel under one zoning designation. He said he believes the proposed new shop building will make the area even more walkable and interesting for those who might be on the sidewalk. It is close to the southern walkway and he would like to think by removing the contract, the owner might also consider opportunities for more intense development on the property that would make it not only more walkable, but also add the possibility of additional residents. He said he finds the proposal completely consistent with the rezone criteria. Chair Tibbott said that while it is somewhat disturbing to think that some mature trees will be lost, he is confident that whatever is developed on the site will have adequate design review and preserve as much of the landscaping as possible. He said he envisions that a project would result in even more landscaping than what currently exists on the site. Vice Chair Lovell expressed support for removing the contract, as well. However, it is important to keep in mind that what is there currently may not be there 10 years from now. Whatever is developed on the site in the future must be consistent with the CG2 zoning, which allows flexibility for redevelopment for the good of the Highway 99 Corridor and the City as a whole. The proposed change is warranted in light of the changes that have occurred within the hospital district, as well as the extensive development that is planned for the southeast corner of 220th Street SW and Highway 99. He said he believes further development of the site would result in a positive impact for the area. Packet Page 158 of 259 DRAFT Planning Board Minutes July 22, 2015 Page 6 Board Member Rubenkonig commented that, although not required, the applicant chose to submit a site plan as part of the rezone application. She asked the applicant’s representative to explain why other locations on the subject property were not pursued. Mr. Vontver explained that during the lease negotiations, Winco flat out denied the property owner the ability to construct a building in any other location other than the one identified on the site plan. As per the agreement, the building must be constructed in the proposed location or not at all. He noted that Winco voiced concern that a building closer to highway would block the view corridor and make the grocery store less visible from the street. Board Member Rubenkonig asked if any internal locations were considered. Mr. Vontver explained that buildings located within the interior of the site can be very disruptive to the grocery shoppers’ experience. It also makes parking more difficult. Board Member Rubenkonig asked if it would be possible to place the new building in the southwest corner of the property. Mr. Vontver answered that the property owner is bound by the current lease with Winco, which will only allow one new 6,000 square foot building in the location identified. He explained that, originally, the property owner was unaware of the contract and believed the entire site was zoned CG2. It wasn’t until later in the process that they discovered that the overlay needed to be addressed through a rezone application. Board Member Robles asked if Winco might look more favorably on a different location for the building if the tenants of the new building were complementary to Winco’s product. In other words, would Winco be willing to make concessions if the tenants of the new building drew additional customers to the site. Mr. Vontver explained that there were no prospective tenants when the lease was being negotiated with Winco. The only thing they knew was that the zoning allowed for retail uses, which is consistent with the type of shopping center development and the zoning. The leasing activity for the new shops building has taken place after the lease with Winco was signed. Board Member Robles expressed his belief that the contract should have been removed two years ago before the property owner entered into lease negotiations with Winco. Mr. Vontver agreed. Board Member Robles commented that the proposed change is good. However, when the proposal is presented to the City Council, it would be wise for the applicant to address common citizen concerns about tree location, lack of intensity in the development and the order of events that determined the location of the building. Again, Mr. Lien reminded the Board that, with the current contract rezone, the proposed new shops building could not be located anywhere on the site. The contract rezone only allows for the existing grocery store building. Vice Chair Lovell asked about the length of the lease between Winco and the property owner. Mr. Vontver answered that the lease is for 40 years. BOARD MEMBER LOVELL MOVED THAT THE BOARD FIND THAT FILE NUMBER PLN20150024 (REQUEST TO REMOVE THE CONTRACT ZONING AND ITS RESTRICTIONS ON THE WESTERN HALF OF THE PROPERTY LOCATED AT 21900 HIGHWAY 99) MEETS THE CRITERIA FOUND IN ECDC 20.40.010 AS OUTLINED IN THE STAFF REPORT DATED JULY 22, 2015, AND FORWARD A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL. BOARD MEMBER CHEUNG SECONDED THE MOTION, WHICH CARRIED BY A VOTE OF 5-0-1, WITH BOARD MEMBER RUBENKONIG ABSTAINING. Board Member Rubenkonig explained that she chose to abstain from the vote because she felt the process was incomplete. Vice Chair Lovell commented that it probably would have done well for the applicant not to show a plan, but just ask for the rezone to accommodate Winco. He said he believes the application will study options for constructing the building without removing all of the trees. However, that is not a subject of the application before the Board. Mr. Vontver said the applicant appreciates the sensitivity about trees. They are stuck in a hard place because they signed a lease with the grocery store tenant before they knew about the contract restrictions. PRESENTATION OF DRAFT COMPLETE STREETS SR-104 CORRIDOR ANALYSIS Mr. Hauss presented the draft Complete Streets SR-104 Corridor Analysis that was prepared by consultants from Fehr & Peers. He advised that the analysis was presented to the City Council on July 14th and another meeting will be scheduled at a later date. He advised that the study focuses on a five-mile stretch of principal arterial from 76th Avenue West to the Edmonds Ferry Terminal. Due to the various modes of transportation interfacing along this regional corridor (higher than average daily traffic, multiple bus stops, high pedestrian activity along certain sections, and bicycle connections), many deficiencies exist. The purpose of the analysis was to develop a corridor master plan that identifies safety, access Packet Page 159 of 259 CITY OF EDMONDS Planning Division Packet Page 160 of 259 Rezone Request 2 1 7 0 8 21605 21919 7514 22214 7007 #2 22006 22124 22106 22218 22212 22206 7 6 1 5 7 6 0 7 22009 2 2 0 3 5 21829 7 4 3 0 2 1 9 0 4 2 1 9 2 0 75127516 7523 7512 22015 22021 75 2 2 22121 7223 21710 21706 21712 7 6 0 3 7 6 0 9 21619 21709 2 1 6 0 7 21910 21500 21600 7 1 1 6 7030 7001 7 0 1 2 21911 21827 7212 22001 21917 2 1 7 2 9 22024 22018 22012 21906 21822 21822 21810 7 3 0 9 7305 21807 22005 2 2 1 3 3 22211 22130 22020 2 2 0 0 0 22201 22127 22111 220197519 7 5 0 5 7 5 1 2 7 5 1 8 7 3 0 3 7000 2 1 5 1 5 21558 21705 2170 1 21431 21508 7320 21601 21727 21701 21516 21520 21524 7315 21527 21521 21920 7506 Dick's 21700 21632 P A R K I N G PLANT STEVEN'S HEALTH CENTER E.R. AEGIS TOP FOODS STARBUCKS FUNTASIA 'G ' 'J''F' 'E ' VALUE VILLAGE PREMERA BLUE CROSS LYNWOOD HONDA DOUG'S MAZDA TRAVELLER'S INN 21900 STEVENS PAVILION KRUGER CLINIC SWEDISH EDMONDS CAMPUS STEVENS FAMILY HEALTH CARE STEVENS COURT 7324 S R 9 9 218TH ST SW 220TH ST SW 7 6 T H A V E W 76 T H A V E W 216TH ST SW 221ST PL SW 216TH ST SW 2 1 9 T H S T S W 7 2 N D A V E W H O S P I T A L D R W Y 220TH ST SW S R 9 9 S R 9 9 7 3 R D P L W 7 0 T H A V E W SHT 13 SEC 30 SHT 14 SEC 29 2 1 7 0 8 21605 21919 7514 22214 7007 #2 22006 22124 22106 22218 22212 22206 7 6 1 5 7 6 0 7 22009 2 2 0 3 5 21829 7 4 3 0 2 1 9 0 4 2 1 9 2 0 75127516 7523 7512 22015 22021 75 2 2 22121 7223 21710 21706 21712 7 6 0 3 7 6 0 9 21619 21709 2 1 6 0 7 21910 21500 21600 7 1 1 6 7030 7001 7 0 1 2 21911 21827 7212 22001 21917 2 1 7 2 9 22024 22018 22012 21906 21822 21822 21810 7 3 0 9 7305 21807 22005 2 2 1 3 3 22211 22130 22020 2 2 0 0 0 22201 22127 22111 220197519 7 5 0 5 7 5 1 2 7 5 1 8 7 3 0 3 7000 2 1 5 1 5 21558 21705 2170 1 21431 21508 7320 21601 21727 21701 21516 21520 21524 7315 21527 21521 21920 7506 Dick's 21700 21632 P A R K I N G PLANT STEVEN'S HEALTH CENTER E.R. AEGIS TOP FOODS STARBUCKS FUNTASIA 'G ' 'J''F' 'E ' VALUE VILLAGE PREMERA BLUE CROSS LYNWOOD HONDA DOUG'S MAZDA TRAVELLER'S INN 21900 STEVENS PAVILION KRUGER CLINIC SWEDISH EDMONDS CAMPUS STEVENS FAMILY HEALTH CARE STEVENS COURT 7324 S R 9 9 218TH ST SW 220TH ST SW 7 6 T H A V E W 76 T H A V E W 216TH ST SW 221ST PL SW 216TH ST SW 2 1 9 T H S T S W 7 2 N D A V E W H O S P I T A L D R W Y 220TH ST SW S R 9 9 S R 9 9 7 3 R D P L W 7 0 T H A V E W SHT 13 SEC 30 SHT 14 SEC 29 Packet Page 161 of 259 Packet Page 162 of 259 Contract zoning Traffic mitigation Construction and operating conditions Site plan and building conditions Packet Page 163 of 259 Packet Page 164 of 259 Packet Page 165 of 259 THANK YOU! Edmonds Planning Division Packet Page 166 of 259 P a c k e t P a g e 1 6 7 o f 2 5 9 P a c k e t P a g e 1 6 8 o f 2 5 9 P a c k e t P a g e 1 6 9 o f 2 5 9 P a c k e t P a g e 1 7 0 o f 2 5 9 P a c k e t P a g e 1 7 1 o f 2 5 9 P a c k e t P a g e 1 7 2 o f 2 5 9 P a c k e t P a g e 1 7 3 o f 2 5 9 P a c k e t P a g e 1 7 4 o f 2 5 9 A t t a c h m e n t 1 P a c k e t P a g e 1 7 5 o f 2 5 9 A t t a c h m e n t 1 P a c k e t P a g e 1 7 6 o f 2 5 9 A t t a c h m e n t 1 P a c k e t P a g e 1 7 7 o f 2 5 9 A t t a c h m e n t 2 P a c k e t P a g e 1 7 8 o f 2 5 9 A t t a c h m e n t 2 P a c k e t P a g e 1 7 9 o f 2 5 9 A t t a c h m e n t 2 P a c k e t P a g e 1 8 0 o f 2 5 9 A t t a c h m e n t 2 P a c k e t P a g e 1 8 1 o f 2 5 9 A t t a c h m e n t 2 P a c k e t P a g e 1 8 2 o f 2 5 9 A t t a c h m e n t 2 P a c k e t P a g e 1 8 3 o f 2 5 9 A t t a c h m e n t 3 Packet Page 184 of 259 A t t a c h m e n t 4 Packet Page 185 of 259 A t t a c h m e n t 5 P a c k e t P a g e 1 8 6 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 8 7 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 8 8 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 8 9 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 0 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 1 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 2 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 3 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 4 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 5 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 6 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 7 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 8 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 1 9 9 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 0 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 1 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 2 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 3 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 4 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 5 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 6 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 7 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 8 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 0 9 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 1 0 o f 2 5 9 A t t a c h m e n t 5 P a c k e t P a g e 2 1 1 o f 2 5 9 A t t a c h m e n t 6 P a c k e t P a g e 2 1 2 o f 2 5 9 A t t a c h m e n t 6 P a c k e t P a g e 2 1 3 o f 2 5 9 A t t a c h m e n t 6 P a c k e t P a g e 2 1 4 o f 2 5 9 A t t a c h m e n t 6 P a c k e t P a g e 2 1 5 o f 2 5 9 A t t a c h m e n t 6 P a c k e t P a g e 2 1 6 o f 2 5 9 A t t a c h m e n t 6 P a c k e t P a g e 2 1 7 o f 2 5 9 A t t a c h m e n t 7 P a c k e t P a g e 2 1 8 o f 2 5 9 A t t a c h m e n t 7 P a c k e t P a g e 2 1 9 o f 2 5 9 A t t a c h m e n t 8 P a c k e t P a g e 2 2 0 o f 2 5 9 A t t a c h m e n t 8 P a c k e t P a g e 2 2 1 o f 2 5 9 A t t a c h m e n t 8 P a c k e t P a g e 2 2 2 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 2 3 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 2 4 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 2 5 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 2 6 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 2 7 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 2 8 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 2 9 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 0 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 1 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 2 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 3 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 4 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 5 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 6 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 7 o f 2 5 9 A t t a c h m e n t 9 P a c k e t P a g e 2 3 8 o f 2 5 9 AM-7963 5. B. City Council Meeting Meeting Date:09/15/2015 Time:15 Minutes Submitted For:Council President Fraley-Monillas Submitted By:Jana Spellman Department:City Council Committee: Type: Potential Action Information Subject Title Discussion and potential action regarding Resolution adopting policy regarding Councilmember participation by speaker phone or other technology. Recommendation Previous Council Action September 10, 2013 PS/P Committee Meeting: This item was discussed (minutes attached). October 8, 2013 PS/P Committee Meeting: The PS/P Committee took the following action: D. Discussion regarding Council attendance via speaker phone. The committee decided to use the Spokane policy as a framework and to discuss in full Council the following: (1) Definition of extraordinary circumstances such as: travel complications Medical/family emergencies. (2) Whether or not we should allow call ins to items associated with public hearings. (3) Confirm call in to quasi-judicial hearings not allowed. Action: Forward for full Council discussion to finalize policy. 11/4/2013 Council Meeting: Due to lack of time, this item was sent back to the Public Safety/Personal Committee for further discussion. 11/12/2013 Public Safety Personnel Committee (minutes' excerpt): E. Discussion regarding Council attendance via speaker phone: One remaining question was whether a Councilmember must call in for the full meeting including audience comment. Action: Move to full Council. December 3, 2013 Council Meeting: Due to the lateness of the hour, this meeting was moved to the December 10, 2013 full Council Meeting. Packet Page 239 of 259 December 10, 2013 Council Meeting: Please refer to attached minutes. January 14, 2014: Please refer attached minutes. August 25, 2015: Please refer to attached minutes. Narrative Draft Resolution #5 has been placed on the agenda for discussion and potential action. In the opinion of MRSC, a council member participating by phone or other technology shall be able to hear and be heard. Other items among the various policies include: 1. A limit of two times per year per council member 2. Allow if needed for a quorum 3. Allow if an issue of high importance to the council member 4. Allow if an issue for which it is important to have all councilmembers participate 5. Limit to one item, and don't allow an entire meeting 6. Provide advance notice 7. Only under extraordinary circumstance 8. Only with permission of the entire Council (majority?) 9. Not for matters set for public hearings or quasi judicial 10. Permission from Council President 11. Review all applicable material 12. Participate in all related aspects of the meeting This item is now before the full Council for discussion and potential action. Attachments Attach 1: Spokane City Council Rules_03-04-2013 Attach 2: 09-10-13_Public_Safety_and_Personnel_Committee_Minutes Attach 3 - Speaker phone participation Resolution Draft 4 - 12-4-13- Attach 4: Excerpt from 12-10-13 Council Meeting Minutes Attach 5: 1-14-2014 PS/P Committee Minutes Attach 6 -- Excerpts from 8-25-2015 Council Minutes Attach 7 - Resolution 1295 w 7-16-2013 Council Minutes Attach 8 - Council speaker phone participation during Council Meetings Attach 9 - Speaker phone participation Resolution Draft 5 - - 09-15-2015 Form Review Inbox Reviewed By Date City Clerk Linda Hynd 09/10/2015 11:22 AM Mayor Dave Earling 09/10/2015 03:12 PM Finalize for Agenda Linda Hynd 09/10/2015 04:30 PM Form Started By: Jana Spellman Started On: 09/02/2015 10:57 AM Packet Page 240 of 259 Final Approval Date: 09/10/2015 Packet Page 241 of 259 14 cases of voice vote, it shall be sufficient for the Chair to announce, and the record to reflect, whether the motion carried or failed. Regardless of method of voting, each council member shall have the right, before the next matter is considered, to explain the reasons for his or her vote and such a request shall be regarded as a matter of privilege. 5.5.7 A Councilperson may only abstain from voting when he or she has a direct personal or pecuniary interest not common to other members of the Council, which is fully expressed to all other members of the Council during the Council meeting. Rule 5.6 SUSPENSION OF RULES These rules may be temporarily suspended for a particular matter by five votes. Rule 5.7 RECONSIDERATION A council member may move reconsideration of an item voted on during an administrative session at that day's legislative session or at the next briefing session. All legislative decisions of the City Council regarding ordinances, resolutions and hearing items are final. When permissible, a council member may re-submit a subsequent ordinance or resolution to repeal or modify a prior city council action. Rule 5.8 PARTICIPATION BY TELEPHONIC COMMUNICATION A Councilperson may participate telephonically in all or part of a Council Meeting if: 1. prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2. all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone and 3. the Councilperson participating telephonically shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on. Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President. RULE 6 – ADJUDICATIVE APPEALS AND HEARINGS Adjudicative hearings are quasi-judicial hearings involving named parties. Testimony during adjudicative hearings is limited to the parties involved in the hearing. Public testimony is not accepted in adjudicative hearings. Where procedures for appeals and hearings have been established by ordinance, the Council shall follow those Packet Page 242 of 259 Public Safety & Personnel Committee September 10, 2013 Page 2 of 4 end: “In the event that a Board member is unable to abide by the Code of Conduct policies, the Board, with a super majority vote, can recommend removal of the board member to the County Executive Mayor, for action by the City Council.” With regard to the Bellevue Code: • Retain numbers 1, 2, 3, 4, 5, 6 and 10 (eliminating 7, 8, 9 and 11). With regard to the Kirkland Code of Conduct: • It was agreed to also retain the first two paragraphs with the following change: remove the first sentence that states “The Code of Conduct is supplemental to the Kirkland Municipal Code and the Code of Ethics.” B. Consideration of Council Comments Regarding Code of Ethics. Councilmember Bloom recalled comments previously received from Councilmembers related to disclosure of financial information. Councilmembers did not want board and commission members to have to disclose financial information. Councilmember Bloom also recalled that Councilmember Johnson did not want the policy to go “backwards.” Councilmember Peterson stated that he would not want an Ethics Policy to affect previous Councilmembers who did not have an opportunity to vote on it. He would not want it to be retroactive. Councilmember Bloom referred to the Bellevue Code of Ethics under 1.E. where it states the complaint must be filed within two years of the date of the occurrence or occurrences alleged to constitute a violation of the Code of Ethics. Councilmember Peterson stated he reads this to mean moving forward; not retroactive. It was agreed by Councilmembers to ask the City Attorney to look at this. Councilmembers next discussed the complaint procedure. It was noted that Bellevue has an Ethics Officer and Kirkland uses a Hearing Examiner. Councilmember Peterson commented that he likes the idea of having an Ethics Officer, noting the Hearing Examiner deals mostly with land use issues. Councilmember Bloom commented that given the issues related to staff availability and Hearing Examiner availability, she believes the Code should be modeled after Bellevue (versus Kirkland). Councilmember Peterson agreed. Councilmembers agreed to use the Bellevue Code of Ethics (eliminate Section B that begins on page 5 – except for number 9. Number 9 deals with “Nepotism” and the committee would like this included in the Code of Ethics.) C. Discussion regarding Council attendance via speaker phone. Councilmember Peterson stated that in reviewing the sample procedures included in the packet, he thought the procedures from Spokane was the simplest and gives some latitude to the Council President and the council member who would be calling in. The other procedures seemed to be more detailed and included limiting the participation by phone to only one item. Packet Page 243 of 259 Public Safety & Personnel Committee September 10, 2013 Page 3 of 4 Councilmember Bloom expressed concern with limiting participation to one item noting that the Councilmember who is calling in needs to be able to hear such things as “Audience Comments” that may include comments that would be important to hear for the topic of interest. Councilmember Peterson agreed that the meeting should be attended as a whole, but pointed out in reality it may not be possible. Councilmember Peterson suggested under “Code of Conduct” to add “attendance for entire meetings; expected to show up on time and be available for the entire meeting.” Councilmember Bloom commented that she prefers the Bothell policy. Councilmember Peterson agreed except recommended removing the limit to one agenda item. It was the recommendation of the Councilmembers to adopt the Bothell policy with the major change of not limiting to one agenda item and change the language that refers to City Manager form of government. Councilmember Bloom noted that the Bothell policy refers to “rare occasion.” She suggested this be defined and would like it to be limited as much as possible. She suggested putting a cap on how many times it can happen. Councilmembers recommended converting the Bothell policy to an Edmonds policy; consider what “rare occasion” means to see if it would be desired to limit how many times someone can call in; if there is a public hearing associated, being able to listen to the entire public hearing is mandatory. D. Public Comments Ken Reidy, Edmonds, commented that he believes it is important that City Council members hear public comment before a vote is taken. He wanted to thank the committee for looking at the Code of Ethics and Code of Conduct issues. As a citizen, he believes these issues need to be looked at more broadly than only boards, commissions and council. He believes it should apply to staff, Mayor and City Attorney. He has a hard time seeing how the Mayor can enforce a Code of Conduct because of his relationship with the staff. Mr. Reidy provided examples of why a Code of Conduct and Code of Ethics is important. He referred to an email from the City Attorney replying to an email from Jeannie McConnell telling her that there is no rush to respond to Mr. Reidy’s request in the email. He read an email that was sent by Mayor Haakenson to Michael Plunkett dated October 29, 2009. The email was sent from a private email account by Gary Haakenson. A summary of the email includes: The email states that the Hearing Examiner was set to hear the Reidy/Thuesen case on November 4. The email references an executive session that was scheduled related to the case and also states a full discussion agenda item was scheduled by DJ to talk about the Reidy/Thuesen issue. The email includes the statements “If he persists and puts it on the agenda, you may want to rally three other votes to remove it from the agenda on Tuesday night if you think its wise. Just trying to keep you in the loop as to what he is doing. Why he is doing it is beyond me but if he’s working with Reidy….it must be to get at you somehow.” Packet Page 244 of 259 RESOLUTION # A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A POLICY REGARDING COUNCILMEMBER PARTICIPATION BY SPEAKER PHONE OR OTHER TECHNOLOGY WHEREAS, the Edmonds City Council is seeking to implement a policy whereby Councilmembers can participate in a Council Meeting via speaker phone or other technology. NOW THEREFORE, BE IT RESOLVED, that a Councilmember may participate by speaker phone or other technology in all or part of a Council meeting if; 1.prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2.all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone or other technology; and 3.Councilmember must call in for the full meeting including audience comment; and 4.the Councilperson participating by speaker phone shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on. Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President. This resolution shall take effect immediately upon its adoption. Adopted this _________ of _________________________, 2013. DAVID O. EARLING, MAYOR ATTEST/AUTHENTICATED: __________________________________________ CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION N0: Attachment 3 Packet Page 245 of 259 Edmonds City Council Approved Minutes December 10, 2013 Page 9 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DELETE “OR THE CITY” FROM ITEM 3 IN THE FIRST SECTION. MOTION CARRIED UNANIMOUSLY. Councilmember Bloom referred to the final paragraph, “Violations of this Code of Conduct should be raised with an appropriate individual: the group leader, a relevant staff member, a City Council member or the Mayor. Persistent violations could lead to an effort to remove the individual from the group.” She recommended clarifying that this applied to a violation of the Code of Conduct by a City Board, Commission, Committee, or Work Group and not an elected official. Councilmember Johnson pointed out the resolution addresses the Code of Conduct for the Mayor, City Councilmembers, and members of all City Boards, Commissions, Committees, or Work Groups . Councilmember Bloom explained this was added at the request of Councilmember Peterson due to his interest in a means to remove a committee or board member due to a Code of Conduct violation. Councilmember Buckshnis suggested adding “with the exception of Councilmembers and the Mayor.” Council President Petso suggested deleting the phrase and revising the resolution in the future. She commented on the difficulty developing a generic phrase because all boards, commissions, committees and work groups have different processes for removal and appointment of members. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DELETE “VIOLATIONS OF THIS CODE OF CONDUCT SHOULD BE RAISED WITH AN APPROPRIATE INDIVIDUAL: THE GROUP LEADER, A RELEVANT STAFF MEMBER, A CITY COUNCIL MEMBER OR THE MAYOR. PERSISTENT VIOLATIONS COULD LEAD TO AN EFFORT TO REMOVE THE INDIVIDUAL FROM THE GROUP.” MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE RESOLUTION 1306 AS AMENDED, A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR, COUNCILMEMBERS, AND ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS. MOTION CARRIED UNANIMOUSLY. 7. DISCUSSION AND POTENTIAL ACTION ON RESOLUTION ADOPTING POLICY REGARDING COUNCILMEMBER PARTICIPATION BY SPEAKER PHONE OR OTHER TECHNOLOGY Council President Petso relayed the Public Safety & Personnel Committee has been discussing this issue. An issue was raised whether a Councilmember may phone in and participate in only a portion of a meeting. She referred to a language added by the Committee, Item 3 highlighted on Attachment 3, “Councilmember must call in for the full meeting including audience comment, and.” She felt it was acceptable for a Councilmember to phone in as long as they participated in all relevant portions of a meeting. Councilmember Buckshnis explained she has participated in Council meetings by phone, but found it very difficult due to the 5 second delay in the video. If the consensus was to include Item 3, she preferred not to allow Councilmembers to participate by speaker phone or other technology. Council President Petso preferred to allow Councilmembers to participate by speaker phone and supported deleting Item 3. The resolution states the Councilmember must participate in the relevant portion of the Council meeting. For example, if audience comments pertained to the item and the Councilmember did not hear them, it would not be appropriate for the Councilmember to participate. Packet Page 246 of 259 Edmonds City Council Approved Minutes December 10, 2013 Page 10 Instead of requiring a Councilmember to call in for the full meeting, Councilmember Bloom suggested if there was an audience comment related to the item, the Council President be responsible for conveying the comment to the Councilmember calling in. Councilmember Johnson was opposed to allowing Councilmembers to participate via speaker phone and having their vote counted. She pointed out Council President Petso, Councilmember Bloom and she have perfect attendance. She recognized there would be times when a Councilmember was unable to attend a meeting but felt it was a Councilmember’s job to attend and participate in Council meetings. Councilmember Bloom observed without Councilmember Johnson’s vote, the resolution would not pass. Councilmember Buckshnis spoke in favor of a Councilmember participating via speaker phone; it was up to a Councilmember to decide whether they wanted to call in while on vacation, etc. She preferred to delay approval of the resolution until all Councilmembers were present. Mayor Earling commented he has served on many boards and commissions and all have allowed members to participate via phone. 8. MAYOR'S COMMENTS Mayor Earling reported the staff holiday breakfast was attended by 85-90 staff members and Councilmember Peterson. He also reported on Fire District 1’s art auction; the proceeds benefit the Edmonds 9/11 memorial. Donations are being accepted for the memorial. 9. COUNCIL COMMENTS Councilmember Bloom reminded of the Port’s Holiday Lights at the Docks through early January. The re are activities at the Edmonds marina tonight; the Seattle Christmas Ship departed from the marina at 7:00 p.m. Councilmember Buckshnis reported the Senior Center is a cold weather shelter. She relayed that Betty Mueller passed away and that former Finance Director Shawn Hunstock got married. Councilmember Johnson announced the Historic Preservation Committee’s dedication of the Larsen building, west of the library parking lot entrance on Main, on Friday at 10:00 a.m. Council President Petso offered condolences to Betty Mueller’s family. She explained Ms. Mueller was very active in the City including the bond measure to construct the Public Safety building and the Police and Fire Foundations. 10. ADJOURN With no further business, the Council meeting was adjourned to committee meetings at 7:31 p.m. Packet Page 247 of 259 MINUTES PUBLIC SAFETY AND PERSONNEL COMMITTEE JANUARY 14, 2014 6:00 P.M. Elected Officials Present: Councilmember Fraley-Monillas Councilmember Peterson City Staff Present: none The Meeting was called to order at 6:00 p.m. Councilmember Peterson was selected as chair. A. Discussion and potential action on resolution adopting policy regarding Councilmember participation by speakerphone or other technology Councilmembers Peterson and Fraley-Monillas agreed that this item should go back to full Council for approval with some discussion on a few items: 1)That no teleconference can be used for any quasi-judicial proceedings. 2)If calling in for a public hearing, that the Councilmember must call in for the entire public hearing, including any public comment. 3)Council can determine if a Councilmember must call in for the entire meeting, but both Councilmembers Peterson and Fraley-Monillas felt that should not be the case. 4)Both Councilmembers Peterson and Fraley-Monillas felt it was ultimately the Council president's responsibility to approve any requests from Councilmembers to call in, noting there had been no excessive use, and certainly no abuse of calling in to meetings in the past. Councilmembers Peterson and Fraley-Monillas briefly discussed the search for a consultant for Council training on conflict resolution. Councilmember Fraley-Monillas planned to contact state agencies for information. Councilmember Peterson planned to write Jeff Taraday to ask a question regarding executive session. There was no audience comment and no one else in attendance. Action: Send to full Council for discussion and approval. The meeting was adjourned at 6:28 p.m. Attachment 5 Packet Page 248 of 259 Attachment 6 Packet Page 249 of 259 Packet Page 250 of 259 Packet Page 251 of 259 Packet Page 252 of 259 Packet Page 253 of 259 Attachment 7 Packet Page 254 of 259 Packet Page 255 of 259 Packet Page 256 of 259 Packet Page 257 of 259 SPEAKER PHONE PARTICIPATION DURING COUNCIL MEETINGS COUNCILMEMBER DATE OTHER Fraley-Monillas 02/22/2011 Wilson, D.J. 08/23/2011 Agenda Item: 5 Plunkett 03/20/2012 Agenda Items: 1 and 11 Petso 03/20/2012 Agenda Item: 1 Fraley-Monillas 06/19/2012 Agenda Items: 7 - 10 Yamamoto 09/18/2012 Agenda Item: 6 Yamamoto 09/25/2012 Agenda Item: 6 Yamamoto 10/02/2012 Agenda Items: 1 and 8 Buckshnis 04/16/2013 Agenda Items: 7 - 11 Buckshnis 07/23/2013 Agenda Item: 7 ROBERT’S RULES OF ORDER RESOLUTION #1295 PASSED BY COUNCIL 7/16/2013 EFFECTIVE DATE OF RESOLUTION 8/6/2013 SPEAKER PHONE PARTICIPATION DURING COUNCIL MEETINGS AFTER 8/6/2013 COUNCILMEMBER DATE OTHER Yamamoto 08/06/2013 Agenda Items: 6,7, & 8 Yamamoto 09/10/2013 Buckshnis 08/25/2015 See 08/25/2015 attached minutes. Attachment 8 Packet Page 258 of 259 RESOLUTION # A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A POLICY REGARDING COUNCILMEMBER PARTICIPATION BY SPEAKER PHONE OR OTHER TECHNOLOGY WHEREAS, the Edmonds City Council is seeking to implement a policy whereby Councilmembers can participate in a Council Meeting via speaker phone or other technology. NOW THEREFORE, BE IT RESOLVED, that a Councilmember may participate by speaker phone or other technology in a Council meeting if; 1. prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2. all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone or other technology; and 3. Councilmember must call in for the full meeting including audience comment; and 4. the Councilperson participating by speaker phone shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on. 5. Exception: Speaker phone or other technology will not be allowed when the Council is sitting as a quasi-judicial body. Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President. This resolution shall take effect immediately upon its adoption. Adopted this of ,_________. DAVID O. EARLING, MAYOR ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION N0: Attachment 9 Packet Page 259 of 259