The URL can be used to link to this page

2007.08.20 CC Agenda PacketAGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North Special Monday Meeting August 20, 2007 7:00 p.m. - Call to Order and Flag Salute 1. Approval of Agenda 2• Consent Agenda Items A. Roll Call B. AM-1127 Approval of City Council Meeting Minutes of August 7, 2007. C. AM-1138 Approval of claim checks #98147 through #98320 for August 9, 2007 in the amount of $549,630.36 and #98321 through #98470 for August 16, 2007 in the amount of $1,248,681.37. D. AM-1126 Judicial salary increase to maintain State funding for judicial position. E. AM-1135 Proposed Ordinance rezoning property at 125 2nd Ave North from RM-2.4 to RM-1.5. (R-2007-15). F. AM-1136 Proposed Ordinance rezoning property located at 318 - 320 Walnut Street from RM-2.4 to RM-1.5 (File R-2007-28). G. AM-1132 2007 Second Quarter Budget Amendment. H. AM-1133 Proposed Ordinance to establish a procedure for Constitutionally Protected Events. I. AM-1134 Report on bids opened on August 14, 2007 for the 95th Place West Storm Drainage Improvement Project and award of contract to Interwest Construction, Inc. ($112,790). J. AM-1121 Proposed Resolution thanking Student Representative Shaun Callahan. 3. AM-1130 Presentation of Resolution and plaque to Student Representative Shaun Callahan. (5 Min) 4. AM-1125 Acceptance of Point Edwards Public Easements. (10 Min) 5. AM-1137 Report on staffs actions regarding the July 26, 2007 Special Meeting of the Community/Development (10 Min) Services Committee. 6• Audience Comments (3 minute limit per person) 7. AM-1128 Report on City Council Committee Meetings. (15 Min) Packet Page 1 of 217 (5 Min) Mayor's Comments (15 Min) Council Comments 10. Adjourn Packet Page 2 of 217 AM-1127 8/7/2007 Draft Minutes Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: Action: 08/20/2007 Sandy Chase City Clerk's Office Time: Consent Type: Action Information Subject Title Approval of City Council Meeting Minutes of August 7, 2007. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Link: 8/7/07 Draft Minutes Fiscal Impact S ffarhmanfe Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 08/13/2007 08:55 AM APRV 2 Mayor Gary Haakenson 08/13/2007 09:14 AM APRV 3 Final Approval Sandy Chase 08/13/2007 09:17 AM APRV Form Started By: Sandy Started On: 08/13/2007 08:48 Chase AM Final Approval Date: 08/13/2007 No Packet Page 3 of 217 EDMONDS CITY COUNCIL DRAFT MINUTES August 7, 2007 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Peggy Pritchard Olson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauri Moore, Councilmember Deanna Dawson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember ALSO PRESENT Shaun Callahan, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Gerry Gannon, Assistant Police Chief Noel Miller, Public Works Director Dave Gebert, City Engineer Debi Humann, Human Resources Manager Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Marin requested Item E be removed from the Consent Agenda and Councilmember Wambolt requested Item G be removed. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 24, 2007. C. APPROVAL OF CLAIM CHECKS #97775 THROUGH #97961 FOR JULY 26, 2007 IN THE AMOUNT OF $1,259,390.16, AND #97962 THROUGH #98146 FOR AUGUST 2, 2007 IN THE AMOUNT OF $287,429.58. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #45284 THROUGH #45385 FOR THE PERIOD OF JULY 16 THROUGH JULY 31, 2007 IN THE AMOUNT OF $822,564.77. D. RENEWAL OF THE SUBSCRIBER AGREEMENT BETWEEN PUBLIC SAFETY TESTING, INC. AND THE CITY OF EDMONDS (POLICE DEPARTMENT). F. REPORT ON BID ADVERTISEMENT AND RESPONSE FOR THE FRANCES ANDERSON SEISMIC STRUCTURAL RETROFIT PROJECT AND AUTHORIZE STAFF TO PLACE A SECOND ADVERTISEMENT FOR BIDS IN REGARD TO THIS PROJECT. Edmonds City Council Draft Minutes August 7, 2007 Page 1 Packet Page 4 of 217 H. RESOLUTION NO. 1150 AMENDING THE PROVISIONS OF CITY COUNCIL RULES OF PROCEDURE ADOPTED PURSUANT TO RESOLUTION NOS. 292 AND 463. ITEM E: AUTHORIZATION TO ADVERTISE FOR STATEMENTS OF QUALIFICATIONS FROM CONSULTANTS FOR THE SR99/76TH AVENUE W INTERSECTION SAFETY IMPROVEMENTS PROJECT. Councilmember Marin explained he pulled this item from the Consent Agenda in order to draw attention to it. He noted this was an opportunity the Hwy. 99 Task Force had been working on, one of many intersections on Hwy. 99 that needed improvement. This action will fund some design so that the project would be eligible for grant funding. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, FOR APPROVAL OF ITEM E. MOTION CARRIED UNANIMOUSLY. ITEM G: PROPOSED ORDINANCE VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY ADJACENT TO 17008 - 77TH PLACE WEST, EDMONDS. Councilmember Wambolt explained although he supported the vacation of the right-of-way, he did not agree with the proposed price to sell the property to the property owner. He noted that the proposed price for the 540 square feet was $1,400, less than $3 per square foot compared with the adjacent land that was valued at $62.60 per square foot. He explained if the price of $62.60 square foot were used, divided by half as required by State law, the value of the property would be approximately $17,000. He requested a Councilmember who previously voted in the affirmative on this issue to introduce a motion for reconsideration. Councilmember Plunkett asked whether Dave Geber, City Engineer, was familiar with the appraisal that was done on the property by Mr. Wills. Mr. Gebert answered he was not. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR RECONSIDERATION. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS WAMBOLT, MOORE, PLUNKETT AND ORVIS IN FAVOR, AND COUNCIL PRESIDENT OLSON AND COUNCILMEMBERS DAWSON AND MARIN OPPOSED. Mayor Haakenson advised the matter would be scheduled on an upcoming agenda. 3. PROCLAMATION IN HONOR OF THE GREATER EDMONDS CHAMBER OF COMMERCE "A TASTE OF EDMONDS" 25TH ANNIVERSARY, AUGUST 10 - 12, 2007. Mayor Haakenson read a proclamation in honor of the Greater Edmonds Chamber of Commerce 25th anniversary of the Taste of Edmonds and presented the proclamation to Chamber of Commerce Executive Director Jan Vance and Sandra Waldo, Chamber Board Member and Taste of Edmonds organizer. Ms. Vance thanked the City for the proclamation, commenting on the Chamber's 100th anniversary and 25th anniversary of the Taste of Edmonds. Ms. Waldo encouraged everyone to attend the event. 4. PUBLIC HEARING ON PROPOSED ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 7.30 ECC, WATER RATES AND SEWER CHARGES, TO ADD A NEW SECTION 7.30.036, SEWER SPECIAL CONNECTION DISTRICTS, ESTABLISHING A SPECIAL CONNECTION FEE FOR CERTAIN PROPERTIES ON 88TH AVENUE WEST, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.. City Engineer Dave Gebert explained the City has completed construction of the 220th Street SW Improvements project. During the planning for that project, it was determined three private properties along 220th Street SW within the project limits (21903, 21904 and 21911 88th Avenue West) would be Edmonds City Council Draft Minutes August 7, 2007 Page 2 Packet Page 5 of 217 sewer customers of the City of Edmonds sewer utility if/when they connected to the sewer system. Due to the likelihood that these properties would need to connect to the sewer system in the future because of septic system failure, future development, etc., it was determined by staff and Council to be appropriate to install a sewer collector stub out for these properties in conjunction with the 220th Street SW Improvement project to avoid future cutting into 220th Street SW to connect these properties to sewer after the 220th Street SW Improvement project was completed. A neighborhood meeting was held in February 2004 to inform affected property owners of the City's plans to construct a sewer collector stub out in conjunction with the 220th Street SW Improvement project for future connection of these properties to the sewer system and to implement a sewer special connection fee. In March 2004, the City Council directed staff to proceed with the construction of the sewer collector stub out and the establishment and implementation of a sewer special connection fee. Accordingly, the construction of the 220th Street SW Improvement project included installation of an 8-inch diameter sewer line from the sewer main located in 220th Street SW to the edge of the right-of-way at the northeast corner of the intersection of 220th Street SW and 88th Avenue West. The sewer stub out was capped and available for the future connection of three private properties to the City sewer system. Mr. Gebert noted the future construction of the sewer collector to connect these properties to the collector stub out installed by the City would be the responsibility of these property owners. The City sewer capital improvement Fund 412-300 provided the funds for construction of a sewer collector stub out for these three properties and the cost of construction should be recovered from the private property owners who will use and benefit from the sewer collector stub out constructed. Per the City Attorney, there is no legal requirement for the City to recover the cost from the private property owners; however, the City should recover the cost for reasons of consistency with past practices and fairness to other rate payers. The City has historically required private property owners pay the cost of extending utility systems to serve their private properties. Special connection fees are authorized by RCW 35.92.020 and must be adopted by City Council ordinance. Mr. Gebert explained in March 2004 the Council directed staff to proceed with establishing the sewer special connection fee with the following elements: • Equitable fee prorated among the private properties based upon actual costs. • Special connection fee must be paid in full at time of connection. • The property owners will be allowed to defer connection. • Include in the ordinance the ability to adjust the connection fee for inflation to account for the City fronting the money from the time of construction to the time of connection and that the special connection fee to be in addition to the City's normal sewer connection fee and all other applicable permit fees. • Upon completion of construction and determination of the actual costs, staff present an ordinance for adopting the special connection fee Construction has been completed and the actual costs have been determined; the actual final cost of the sewer collector stub out is $12,852.87, or $4,284.29 per lot. Mr. Gebert explained in February 2004, preliminary estimates for the sewer special connection fee were in the range of $2,000 to $3,000 and affected property owners were informed of the preliminary estimate. The actual amount is higher than the 2004 estimates due primarily to significant increases in construction costs since then attributed to inflation. The affected property owners have been advised in writing of the amount of the actual costs and proposed special connection fee and of the scheduled public hearing. Edmonds City Council Draft Minutes August 7, 2007 Page 3 Packet Page 6 of 217 Mr. Gebert reviewed his response to questions posed by the property owners since being informed of the amount of the sewer special connection fee: • Could the special connection fee be paid in advance or in installments? Mr. Gebert advised the fee could be paid in advance but City policy did not allow for installment payments. • Would properties at 8805 220`h and 21919 88`h Avenue West be allowed to connect to the stub out? Mr. Gebert answered no as both properties were connected to the sewer system via an adequately sized sewer connection. • If one property owner incurred the total cost to install their portion of the 8-inch sewer line to connect their property and the other two properties did not participate, would the other two property owners be required to pay a special connection fee and how would the one property owner recover the cost? Mr. Gebert answered the other property owners would be required to pay the special connection fee and there were several options for recovering the cost, the most viable being a latecomers agreement which the City would assist with establishing. • Why is the actual cost significantly higher than the estimated cost? Mr. Gebert answered the initial estimate was prepared in late 2003 and assumed construction in 2004, however, the project was not constructed until 2005. Since that time construction costs have escalated significantly industry -wide due to increases in material costs as well as the amount of work available does not require contractors to bid on government jobs and when they do, their bids are high. He recalled the 220th project received only two bids; the low bid was somewhat higher than the engineer's estimate and the second bid was significantly higher than the estimate. The actual costs of the special connection fee are based on the bid unit prices and actual quantities. The property owners requested a detailed cost breakdown of the work that was done which staff provided. • Could the Council adopt a smaller amount for the fee than the actual cost? Mr. Gebert reviewed the following breakdown of the cost elements: Construction Contract Total Construction Design Direct Indirect Construction Engineering/ Engineering Items Items* Contract Management Total Cost $1,162.00 $8,824.17 $1,979.30 $10,803.47 $887.40 $12,852.87 Divided by # of 3 3 3 3 3 3 developable lots Special connection $387.33 $2,941.39 $659.77 $3,601.16 $295.80 $4,284.29 fee = total per lot * Prorated allocation of indirect construction contract costs such as mobilization, traffic control, surveying, etc. Mr. Gebert noted the cost breakdown did not include in-house costs. He concluded the Council could establish a fee that was less than the actual cost as it could be argued that there was benefit to the general public by connecting these properties to sewer. However, if benefited property owners did not pay for the connection, the sewer utility rate payers paid the costs. He noted the general sewer connection fee covered the costs of typical connections and special connection fees covered special costs. He recalled other funding alternatives had been considered such as a Local Improvement District (LID) which would have included additional costs such as appraisal costs, in-house salary costs, etc. He noted the City also anticipated another special connection fee for a project on Olympic View Drive. The fee established in this instance was likely to set a precedent for the fee for that project. Mr. Gebert recommended the Council adopt the special connection fee in the amount of the actual cost - $4,284.29. Edmonds City Council Draft Minutes August 7, 2007 Page 4 Packet Page 7 of 217 Councilmember Plunkett asked why the City did not accept installment payments and whether other cities did. Mr. Gebert answered it was the Finance Department's policy and the advice of the City Attorney for administrative reasons, and to avoid loaning funds, that the City not accept installment payments. He recalled this was discussed in March 2004 and a decision was made that the connection fee would be paid in full at the time of connection. Councilmember Plunkett recalled the last time there were a number of property owners connecting to sewer was in Perrinville. Mr. Gebert explained that was done via an LID and there were a large number of properties connecting. Councilmember Moore recalled when she lived in Woodway, sewers were installed on Woodway Park Road and they were assessed twice the amount of the proposed connection fee for the stub out and were allowed to make installment payments to the Town of Woodway. She encouraged the Council to consider installment payments if the full cost of the connection fee was adopted. She referred to staff s comment about inflation affecting the estimate and suggested re -estimating projects closer to the time of construction or factor in inflation. Mr. Gebert answered for the 220th project, a consultant updated the engineer's estimate a few months prior to bid using the latest WSDOT bids and the bids were fairly close; the engineer's estimate was $4.2 million and the low bid was $4.3 million. He reviewed 2003 estimates for each element of the project that resulted in a per lot connection fee of $1,962. That amount was adjusted in anticipation of inflation and cost escalation. Property owners were informed the amount would be in the range of $2,000 to $3,000, anticipating construction would occur in 2004; however, construction did not begin until 2005. He pointed out the contract bid was a unit price bid; the actual cost was actual quantities at the bid unit prices. He noted if the quantities were as estimated, the special connection fee would have been $5,472; the actual quantities were less which resulted in a lower special connection fee. Councilmember Moore asked when staff became aware of the $5,472 amount. Mr. Gebert answered May 2005. Councilmember Moore asked whether staff informed the property owners of the increase at that time. Mr. Gebert answered he did not. Councilmember Moore expressed concern the property owners were not informed that the estimate had increased. She also objected to staffs comment that staff time was not factored in, remarking that was the engineering department's job. Mr. Gebert agreed when a project was for the general utility or general public; however, this was a project for the sole benefit of specific property owners. Councilmember Dawson recalled when this was discussed in 2004, the reason for constructing the stub out in conjunction with the 2201h project was to benefit the property owners. She asked the cost to the property owners if it had not been done in conjunction with the 220th project. Mr. Gebert answered the property owners would avoid the cost of cutting into and repairing the street and frontage improvements. He noted there were also reasons it could cost the property owners less such as they would not be required to pay prevailing wages as the City was. He summarized the reason the stub out was constructed in conjunction with the 220th project was to avoid the property owner's cost of cutting into the pavement and to avoid a cut and patch on the new street. Councilmember Dawson asked whether the property owners would be required to connect to sewer. Mr. Gebert answered the ordinance allowed the property owners to connect when they chose to or needed to. He explained the City code required connection within 60 days of installation of the stub out; however, Council direction in 2004 was that they be allowed to defer connection which the proposed ordinance permitted. Councilmember Dawson pointed out the property owners could begin setting funds aside for their eventual connection. Edmonds City Council Draft Minutes August 7, 2007 Page 5 Packet Page 8 of 217 Councilmember Dawson inquired about one property owner connecting. Mr. Gebert explained they would pay only their special connection fee but there would be significant costs to install the sewer line from the stub up the street to their residence. Payment by the other property owners could be addressed via a latecomers agreement. Councilmember Dawson inquired about the indirect costs. Mr. Gebert explained it was a prorated allocation of costs for mobilization, traffic control, surveying, etc. for the entire contract and not directly attributable to a single work item. Councilmember Dawson commented that due to the significant increase in the cost, a rational reduction may be to subtract the indirect costs. Mr. Gebert agreed the Council could establish the connection fee via subtracting one or more of the cost elements. Councilmember Dawson acknowledged this may set a precedent for future projects. Mr. Gebert responded the only other project he was aware of was on Olympic View Drive. In that project a stub out would be installed for 8-10 lots and laterals installed for 6-7 properties. Councilmember Dawson asked whether all the costs had been included in prior special connection fees. Mr. Gebert answered he was not aware of any other special connection fees; in the past connections had been addressed via an LID. He advised the proposed ordinance established a new section in the Water and Sewer rates and charges section for special connection districts; this would be the first special connection district. She asked whether past LIDS had been accessed the entire cost. Mr. Gebert answered he had not been involved in an LID in the City but believed all costs were included in the Perrinville LID including in-house costs, appraisal fees, etc. Councilmember Plunkett asked why the City constructed the stub out rather than requiring the property owners to install it. Mr. Gebert answered that option was considered; however, it would have required the property owners install the stub out as well as incur the significant cost of extending the sewer line to their residences. He noted there was no code language to require the property owners to install the stub out. Councilmember Plunkett asked whether the property owners would have paid more if they had had the stub out installed themselves. Mr. Gebert was uncertain, anticipating they would have paid in the range of the City's costs. Councilmember Moore commented in addition to the special connection fee, the property owners also faced the fee to connect to their homes. She asked whether a lien would be placed on the property so that the fee would be paid when the house was sold. Mr. Gebert answered staff did not intend to place a lien on the property. Staff would flag the property in the permit system so that the fee would need to be paid before a permit was issued to connect to the sewer. Councilmember Moore commented the home could be sold and the property owner had not paid the fee. Mr. Gebert acknowledged one of these property owners purchased his home in 2006 and was not informed of the special connection fee. Councilmember Moore recalled Woodway placed a lien on the properties in the amount of the connection fee which encouraged many property owners to pay the fee immediately. Mayor Haakenson advised that was the process for an LID. Councilmember Plunkett expressed concern that a subsequent property owner may not be aware of the special connection fee. He was uncertain whether the real estate disclosure form addressed that issue. Mayor Haakenson opened the public participation portion of the public hearing. John Wood, Edmonds, affected property owner, commented they were told one amount, never informed that the costs had increased and now were informed the fee would be higher. He believed the fee could have been avoided if the three property owners had installed and connected to the sewer before the 220th project was completed. He pointed out a fourth house, 21919 881h Avenue, was connected via a side sewer across a neighbor's yard which he asserted was illegal and unfair. He questioned whether each Edmonds City Council Draft Minutes August 7, 2007 Page 6 Packet Page 9 of 217 property owner was required to pay for the sewer in front of their home including a property that was connected illegally through another's yard. He summarized the significantly higher connection fee would require that they defer connection. Kim Sharpe, Edmonds, affected property owner, commented they tried several times to connect to sewer on their own during the past six years, thus had incurred some costs already. He expressed concern regarding the cost increase, noting they had not been notified that the cost had increased. He suggested the precedence that should be set was not requiring citizens to pay for the City's overruns. He summarized it was not that they would not pay the special connection fee but that it wasn't fair and should be within the range of the estimate provided in 2004. He inquired about the possibility of an LID with the Olympic View Drive sewer. He noted they had been paying an $8 per month sewer supplement fee since the 1980s for the privilege of hooking up to a stub in the future. Mr. Wood asked the amount of the connection fee for residents on 88th Place West located behind their street and in Snohomish County which had the exact situation. Paul Samione, Edmonds, affected property owner, explained when he purchased the property in September 2006 he was not informed of the special connection fee. He expressed concern with the approximately 43% increase in the connection fee over the high end of the estimate, noting connecting to the sewer would cost each home an additional $20,000 to $25,000. He emphasized the importance of communication and more accurate estimates. Hearing no further public comment, Mayor Haakenson closed the public hearing. In response to the comment that the property owners had tried to connect to sewer in the past, Mr. Gebert noted one of the options discussed at the neighborhood meeting in February 2004 was establishing an LID to construct their sewer collector on their own. He acknowledged at that time the City planned to begin construction on 220th in 2004 but was delayed a year. With regard to the increased cost, he acknowledged the costs had increased and the project was under -estimated due to the delay. With regard to the $8 per month sewer supplement fee, Public Works Director Noel Miller explained the unconnected charge was imposed to defray the cost of constructing the wastewater treatment plant large enough to include future wastewater treatment for this area. He concluded otherwise a smaller treatment plant would have been constructed. With regard to the other properties on 881h Place West, Mr. Gebert acknowledged they were Olympic View Water and Sewer District customers for whom sewer laterals similar to this were installed in conjunction with the 220th Street project. Olympic View Water and Sewer District did not plan to establish a special connection fee for those property owners but includes the cost in the base for their general connection fee. Edmonds' philosophy is the general connection fee is capital costs that are general system costs such as new sewer lift stations, sewer main replacement, etc. and that capital costs that serve individual properties should be paid by those property owners. With regard to the alleged illegal connection across a neighboring property, Mr. Gebert advised he obtained the as -built drawing from the Olympic View Water and Sewer District that indicated the connection was inspected and accepted by an Olympic View Water and Sewer District inspector. He did not research whether the appropriate permits had been obtained. Councilmember Dawson proposed changing staff s recommendation due to delays associated with this project that were not anticipated at the time this was presented to the Council and that were no fault of the property owners. Edmonds City Council Draft Minutes August 7, 2007 Page 7 Packet Page 10 of 217 COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF ORDINANCE NO. 3657, TO ESTABLISH A SPECIAL CONNECTION FEE IN THE REDUCED AMOUNT OF $2,941.39. Councilmember Dawson explained these were the direct construction costs associated with this project, it was within the range of fees that were proposed to the property owners, and was within the amount considered by the Council. Councilmember Moore spoke in favor of the motion, suggesting the precedent that should be set was communicating with residents earlier and accurately. Councilmember Plunkett commented the real estate disclosure form included a question regarding permits and if that did not address this situation, there was a catch-all question asking the homeowner to identify anything a future buyer may need to know. He concluded a property owner would disclose this issue in that manner. With regard to an installment plan, he pointed out a property owner could do their own installment plan based on when they planned to hook up. He noted hooking up to sewer would increase the home's value in excess of the amount required to hook-up to sewer. He urged the Council to approve the revised special connection fee, commenting it was good for the City and after the investment was made, it would be good for the homeowner. Councilmember Marin supported the motion, commenting a reduced amount was justifiable based on additional costs incurred during the delay. However, if the stub had not been installed, the result could have been the property owners digging up and patching the new street. He commented septic failures were expensive and once a septic system failed, the property would need to connect to the sewer. He acknowledged costs had escalated and the increases were difficult to predict but it was not the fault of staff. Council President Olson spoke in favor of the motion, finding it a good compromise. She acknowledged the property owners would incur some costs but connecting to the sewer would increase the value of their homes. Councilmember Wambolt did not support the proposed special connection fee. Although he empathized with the increased cost, the homeowners could establish their own installment plan by timing their hook up. He noted many of the City's bids had been significantly over the estimate due to the atypical construction climate, not due to any fault of staff. He noted even if staff had informed the residents the fee had increased, it would have impacted the amount of the fee. MOTION CARRIED (6-1), COUNCILMEMBER WAMBOLT OPPOSED. 5. AUDIENCE COMMENTS Jan Vance, Executive Director, Greater Edmonds Chamber of Commerce, commented the Taste of Edmonds had grown over the last 25 years to be the largest community festival in Snohomish County. In addition to food booths, arts and crafts, commercial booths, a kids' area, beer garden and wine area, there are also three entertainment stages. She cited facts about the Chamber and Taste, the Chamber runs the Taste and raises all funds, they have tried unsuccessfully to involve local merchants, there is no public funding for the Taste and the Chamber pays for City services. She explained the fundraiser pays for a wide variety of member services made available by the Chamber and finances many other events and provides funding to sponsor programs and services for a variety of community service organizations, over $15,000 in the past year. She commented the Taste of Edmonds was the economic engine that made the Edmonds City Council Draft Minutes August 7, 2007 Page 8 Packet Page 11 of 217 4t'' of July and other community events possible. The Taste of Edmonds this year will be held on August 10, 11 and 12. Dave Page, Edmonds, commented on a newspaper article regarding the unruly conduct of the audience at a Key Largo, Florida City Council meeting. Next he advised City staff was working on an Interlocal Agreement with Shoreline, Lynnwood and Mountlake Terrace regarding Lake Ballinger and there were plans for a basin study. As Lynnwood was a big contributor of untreated water into Lake Ballinger, he noted it was important that the construction projects proposed on Hwy. 99 address wastewater management. He advised additional information would be provided in the future and assistance requested from the City. Roger Hertrich, Edmonds, recalled the July 17 meeting included discussion regarding the use of Channel 21 and the 6-year TIP; however, the meeting was not televised due to poor quality of the video. He obtained a copy of the tape and a DVD of the meeting, acknowledging the tape was poor quality; however, the quality of the DVD was acceptable. He was concerned the citizens did not have the opportunity to view the July 17 meeting including the Council's discussion regarding the use of Channel 21. He questioned whether the DVD could be used to broadcast the meeting on Channel 21 if the tape quality was unacceptable. Pointing out that the City had a problem with video quality, he urged the Council to either fix the problem or purchase new equipment. Next, he referred to the property owners and 33 citizens discussing redevelopment of the old Safeway site. As the project was now public, he suggested Mayor Haakenson discontinue the non -disclosure agreement he signed regarding his participation in discussions regarding the project. David Thorpe, Edmonds, thanked the Council, Mayor and staff for the time and energy they devoted to community members' problems whether 2-3 residents or thousands. He commented Edmonds was a unique City due to access to government, citing the ease of obtaining information at City Hall. He commented on Forward Thrust that financed clean-up of Lake Washington as well as other projects, noting that effort had a vision and required leadership. He acknowledged leadership was often difficult, requiring one be rough at times, gentle at other times, and be understanding of others' views. He urged the Council to listen to the citizens when discussing redevelopment of neighborhood centers. He encouraged the Council to temper growth with the environment and the health of the people who live and work in Edmonds. In response to Mr. Hertrich's comments about the equipment malfunction, Council President Olson reported a technician was hired who had fixed the problem. She explained the reason the DVD could not be used to broadcast the meeting was because it had chapters and stopped at each chapter requiring a staff member to restart the DVD. She advised the DVD was available for purchase at City Hall for $3.00; it could not be given away because that would be a gift of public funds. Councilmember Plunkett advised he requested the next Council retreat include a discussion regarding establishing a Council policy to determine when a Council meeting would not be broadcast. Council President Olson advised Councilmember Wambolt and she viewed the video and agreed the quality was unacceptable. Councilmember Wambolt agreed. 6. MAYOR'S COMMENTS Mayor Haakenson advised next week's Council meeting was committee meetings which were not broadcast. The next Council meeting will be held on Monday, August 20 due to the primary election on Tuesday, August 21. Edmonds City Council Draft Minutes August 7, 2007 Page 9 Packet Page 12 of 217 Mayor Haakenson announced he planned to conduct the Economic Development Director interviews on August 14 and had asked Council President Olson to select two Councilmembers to participate on the interview team. 7. COUNCIL COMMENTS Council President Olson wished Councilmember Marin a belated Happy Birthday on July 30. Councilmember Plunkett offered to serve on the Economic Development Director interview panel. Councilmember Marin announced Community Transit had selected a manufacturer for the Bus Rapid Transit buses and identified the station locations. In Edmonds, stations would be located at 238th on the east side near Gobs of Knobs, and in front of Honey Baked Hams on the west side; at 216th near the hospital and the thrift store; and northbound in front of Shucks at 200th and southbound at 196tb in front of the former Arco and Jimbos. He advised Community Transit was proceeding with purchasing the required easements and had a contract in place for design/build of the stations. Councilmember Dawson referred to the public hearing later this month on a graffiti ordinance. She reported approximately 50 people including Edmonds staff attended Snohomish County Executive Reardon's graffiti summit. The summit included presentations from Snohomish County Code Enforcement, the Sheriff's office, she made a presentation on Snohomish County's proposed ordinance, Marysville made a presentation on their regulations and an organization in Seattle described their annual paint -out event. She announced a Snohomish County graffiti paint -out event on October 6. She relayed Marysville's comment that if cities did not work together on the issue, the problem would be pushed from one city to another. With regard to the waterfront "secret" meetings, Councilmember Wambolt explained the meetings began in early 2006 between Port Commissioner Bruce Faires and he who met a few times; they then invited City staff and the Mayor to participate and also had discussions with the Port of Everett regarding their redevelopment. They soon learned the private property owners needed to be involved. The property owners set the terms of those meetings which included Mayor Haakenson signing a non -disclosure agreement. The process has progressed to include the public and 33 citizens were selected to participate. The group has met three times and he planned to provide each Councilmember with the information that had been provided to the group. He noted the Port met yesterday to discuss funding the next phase, noting there was no cost to the City in the next phase as the costs would be borne by the property owners. He concluded the meetings with the 33 citizens were open to the public and he anticipated further information would be available in October. Councilmember Moore asked whether the non -disclosure agreement was still required. Councilmember Wambolt advised only Mayor Haakenson was required to sign a non-disclosure/confidentiality agreement. To avoid Councilmember Wambolt signing a confidentiality agreement, it was agreed if there was anything a Councilmember should not hear because it may taint his judgment, he would leave the room which he did not recall had ever happened. He offered to ask whether the confidentiality agreement was now moot as they were not discussing anything confidential. Mayor Haakenson commented it was part of his job to attend the meetings and Councilmember Wambolt agreed he needed to participate. Councilmember Moore encouraged the Council and the public to read the minutes of the July 26 Community Services/Development Services Committee Meeting that included public comment on the difficulties obtaining permits and ideas for improvement; she anticipated a positive outcome as a result of the meeting. She advised Councilmember Marin planned to have staff consider the ideas posed and Edmonds City Council Draft Minutes August 7, 2007 Page 10 Packet Page 13 of 217 return to the Committee next month. Mayor Haakenson advised staff had already met twice and planned to provide a report to the Council at their next meeting. Councilmember Moore suggested the Council consider upgrading the cameras in Council Chambers as the picture quality was not very good. She recalled the Council had identified funds in the budget for cameras. Senior Executive Council Assistant Jana Spellman advised the cost to upgrade the cameras three years ago was $15,000. Student Representative Callahan recognized the Waste Warriors, a group of high school students who would be picking up trash at the Taste of Edmonds. ;�\ Ia11111 7�I With no further business, the Council meeting was adjourned at 8:32 p.m. Edmonds City Council Draft Minutes August 7, 2007 Page 11 Packet Page 14 of 217 AM-1138 Approval of Claim Checks and Payroll Direct Deposits and Checks Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: 08/20/2007 Debbie Karber Administrative Services Action: Approved for Consent Agenda infnrma+inn Time: Consent Type: Action 2.C. Subject Title Approval of claim checks #98147 through #98320 for August 9, 2007 in the amount of $549,630.36 and #98321 through #98470 for August 16, 2007 in the amount of $1,248,681.37. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposits and checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Impact Fiscal Year: 2007 Revenue: Expenditure: $1,798,311.73 Fiscal Impact: Claims: $1,798,311.73 Link: Claim cks 8-9-07 Link: Claim cks 8-16-07 A ffarhmanfe Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Dan Clements 08/16/2007 11:08 AM APRV 2 City Clerk Linda Hynd 08/16/2007 11:26 AM APRV 3 Mayor Gary Haakenson 08/16/2007 11:44 AM APRV 4 Final Approval Linda Hynd 08/16/2007 03:29 PM APRV Packet Page 15 of 217 Form Started By: Debbie Started On: 08/16/2007 10:52 Karber AM Final Approval Date: 08/16/2007 Packet Page 16 of 217 vchlist Voucher List Page: 1 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98147 8/3/2007 029900 DEPT OF RETIREMENT SYSTEMS July DRS JULY DRS JULY DRS 811.000.000.231.540.000.00 188,162.40 Total : 188,162.40 98148 8/6/2007 068734 DEPT OF LABOR AND INDUSTRIES 004,316-01 SECOND QUARTER L & 1 004,316-10 Labor & Industries 811.000.000.231.530.000.00 25,397.72 Total : 25,397.72 98149 8/6/2007 068734 DEPT OF LABOR AND INDUSTRIES 004,316-02 2 SECOND QUARTER L & I 2nd Quarter L & 1 811.000.000.231.530.000.00 520.05 Total : 520.05 98150 8/6/2007 068734 DEPT OF LABOR AND INDUSTRIES 004,316-06 3 SECOND QUARTER L & I 2nd Quarter L & 1 811.000.000.231.530.000.00 919.20 Total : 919.20 98151 8/6/2007 068734 DEPT OF LABOR AND INDUSTRIES 004,316-08 9 SECOND QUARTER L & I 2nd Quarter L & I for 004,316-08 9 811.000.000.231.530.000.00 9,558.70 Total : 9,558.70 98152 8/9/2007 069634 ACCURINT - ACCT 1201641 1201641-20070731 INV#1201641-20070731 EDMONDS SEARCHES/REPORTS JULY 2007 001.000.410.521.210.410.00 14.50 Total : 14.50 98153 8/9/2007 062423 ADPRO LITHO INC 07/31/2007 Newsletter (July 2007) Newsletter (July 2007) 001.000.240.513.110.490.00 3,148.00 Total : 3,148.00 98154 8/9/2007 064635 ADS EQUIPMENT INC 31487 LIFT ST 13 - SEWER DEPT - CHECI Page: 1 Packet Page 17 of 217 vchlist Voucher List Page: 2 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98154 8/9/2007 064635 ADS EQUIPMENT INC (Continued) LIFT ST 13 - SEWER DEPT - CHECI 411.000.655.535.800.480.00 420.00 Freight 411.000.655.535.800.480.00 45.01 Sales Tax 411.000.655.535.800.480.00 41.39 Total : 506.40 98155 8/9/2007 071820 AHBL INC 63741 MUSEUM - STRUCTURAL ENGINEE MUSEUM - STRUCTURAL ENGINEE 116.000.651.519.920.410.00 510.00 Total : 510.00 98156 8/9/2007 066417 AIRGAS NOR PAC INC 10144725 M5Z34 CYLINDER RENTAL 411.000.656.538.800.450.21 25.00 Sales Tax 411.000.656.538.800.450.21 2.23 Total : 27.23 98157 8/9/2007 014940 ALL BATTERY SALES & SERVICE 891329 UNIT 64 - FUSEHOLDER, ELECT T/ UNIT 64 - FUSEHOLDER, ELECT T/ 511.100.657.548.680.350.00 25.02 Sales Tax 511.100.657.548.680.350.00 2.23 Total : 27.25 98158 8/9/2007 071821 ALL PHASE PRESSURE WASHING ALLPHASE0517 SPORT COURT CLEANING SPORT COURT CLEANING 001.000.640.576.800.480.00 1,600.00 Sales Tax 001.000.640.576.800.480.00 142.40 Total : 1,742.40 98159 8/9/2007 060205 ALLIED BUILDING PRODUCTS CORP 9144279-00 PW - SUPER ANCHORS Page: 2 Packet Page 18 of 217 vchlist Voucher List Page: 3 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98159 8/9/2007 060205 ALLIED BUILDING PRODUCTS CORP (Continued) PW - SUPER ANCHORS 001.000.651.519.920.310.00 456.00 Sales Tax 001.000.651.519.920.310.00 40.58 Total : 496.58 98160 8/9/2007 070254 ALLIED ELECTRONICS INC 442922-00 05-09452 RELAY 411.000.656.538.800.310.22 796.92 Freight 411.000.656.538.800.310.22 12.91 Sales Tax 411.000.656.538.800.310.22 72.08 Total : 881.91 98161 8/9/2007 065568 ALLWATER INC 073007107 COEWASTE DRINKING WATER 411.000.656.538.800.310.11 30.85 Sales Tax 411.000.656.538.800.310.11 1.42 Total : 32.27 98162 8/9/2007 068330 AMERICAN PRINTING 42604 CEMETERY RACK CARDS NEW EDMONDS MEMORIAL CEME 130.000.640.536.200.440.00 530.00 Sales Tax 130.000.640.536.200.440.00 47.17 Total : 577.17 98163 8/9/2007 069751 ARAMARK 512-3930956 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SE 001.000.640.576.800.240.00 30.04 Sales Tax 001.000.640.576.800.240.00 2.93 Total : 32.97 Page: 3 Packet Page 19 of 217 vchlist Voucher List Page: 4 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98164 8/9/2007 069751 ARAMARK 512-3930958 18386001 UNIFORM 411.000.656.538.800.240.00 93.08 Sales Tax 411.000.656.538.800.240.00 8.28 Total : 101.36 98165 8/9/2007 069751 ARAMARK 512-3930957 FAC MAINT UNIFORM SVC FAC MAINT UNIFORM SVC 001.000.651.519.920.240.00 33.69 Sales Tax 001.000.651.519.920.240.00 3.00 Total : 36.69 98166 8/9/2007 069120 AST TRUST COMPANY 230343 MEBT 2 Check fees MEBT 2 Check fees 001.000.220.516.100.410.00 30.00 Total : 30.00 98167 8/9/2007 064807 ATS AUTOMATION INC 032132 alerton system-PW alerton system-PW 001.000.651.519.920.480.00 1,541.25 Sales Tax 001.000.651.519.920.480.00 137.17 Total : 1,678.42 98168 8/9/2007 001801 AUTOMATIC WILBERT VAULT CO 06-4869 BURIAL SUPPLIES BURIAL SUPPLIES: THOMPSON 130.000.640.536.200.340.00 358.00 BURIAL SUPPLIES: MCFARLAND 130.000.640.536.200.340.00 358.00 BURIAL SUPPLIES: CARROLL 130.000.640.536.200.340.00 358.00 BURIAL SUPPLIES: GOODNIGHT 130.000.640.536.200.340.00 441.75 Total : 1,515.75 Page: 4 Packet Page 20 of 217 vchlist Voucher List Page: 5 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98169 8/9/2007 071581 AVIDEX INDUSTRIES LLC 1028692 INV#1028692 EDM003 EDMONDS PI SHARP 20" AQUOS MONITOR 001.000.410.521.210.350.00 424.00 Freight 001.000.410.521.210.350.00 8.91 Sales Tax 001.000.410.521.210.350.00 38.53 IR000692 CREDIT MEMO IR000692 EDMOND G CREDIT - RETURNED CEILING MOI 001.000.410.521.210.350.00 -24.30 Sales Tax 001.000.410.521.210.350.00 -2.40 Total : 444.74 98170 8/9/2007 069076 BACKGROUND INVESTIGATIONS INC COE0707 Background check service fees Background check service fees 001.000.220.516.100.410.00 120.00 Total : 120.00 98171 8/9/2007 071828 BAIRD, SANDRA BAIRD0801 REFUND REFUND FOR CLASS 001.000.000.239.200.000.00 71.00 Total : 71.00 98172 8/9/2007 070992 BANC OF AMERICA LEASING 9762674 Canon 5870 Copier lease (9/1 - 9/30/ Page: 5 Packet Page 21 of 217 vchlist Voucher List Page: 6 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98172 8/9/2007 070992 BANC OF AMERICA LEASING (Continued) Canon 5870 Copier lease (9/1 - 9/30/ 001.000.610.519.700.450.00 101.35 Canon 5870 Copier lease (9/1 - 9/30/ 001.000.220.516.100.450.00 101.32 Canon 5870 Copier lease (9/1 - 9/30/ 001.000.210.513.100.450.00 101.33 Supplies 001.000.610.519.700.450.00 25.01 Supplies 001.000.220.516.100.450.00 25.00 Supplies 001.000.210.513.100.450.00 24.99 Sales Tax 001.000.610.519.700.450.00 11.25 Sales Tax 001.000.220.516.100.450.00 11.25 Sales Tax 001.000.210.513.100.450.00 11.25 Total : 412.75 98173 8/9/2007 002258 BENS EVER READY 19969 OPERATIONS REPAIRS repair rig extinguisher 001.000.510.522.200.480.00 35.00 Sales Tax 001.000.510.522.200.480.00 3.12 Total : 38.12 98174 8/9/2007 069226 BHC CONSULTANTS 972 ESGA.Services thru 07/20/07 ESGA.Services thru 07/20/07 412.300.630.594.320.650.00 1,320.23 Total : 1,320.23 98175 8/9/2007 002805 BRANCHEAU, NANCY BRANCHEAU8353 CLAY AND CRAFTS Page: 6 Packet Page 22 of 217 vchlist Voucher List Page: 7 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98175 8/9/2007 002805 BRANCHEAU, NANCY (Continued) CLAY EXPLORATION #8353 001.000.640.574.200.410.00 211.50 CLAY EXPLORATION #8355 001.000.640.574.200.410.00 351.00 CRAFTS EXPLORATION #8351 001.000.640.574.200.410.00 362.25 Total : 924.75 98176 8/9/2007 068434 BRAUN NORTHWEST INC 9071 UNIT 487 - REPAIR UNIT 487 - REPAIR 511.000.657.548.680.480.00 8,660.45 Sales Tax 511.000.657.548.680.480.00 666.85 Total : 9,327.30 98177 8/9/2007 071434 BRUNETTE, SISSEL BRUNETTE8363 PRENATAL FITNESS PRENATAL FITNESS #8363 001.000.640.575.540.410.00 56.00 Total : 56.00 98178 8/9/2007 066914 BUSINESS TELECOM PRODUCTS INC 181254 BATTERY REPLACEMENT KIT - HE. BATTERY REPLACEMENT KIT - HE. 001.000.620.558.800.310.00 33.64 Total : 33.64 98179 8/9/2007 071829 CALKINS, JEAN CALKINS0801 REFUND REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 250.00 Total : 250.00 98180 8/9/2007 003320 CASCADE MACHINERY & ELECTRIC 327578 SEWER LIFT ST 13 PUMP 1 - REPA SEWER LIFT ST 13 PUMP 1 - REPA 411.000.655.535.800.480.00 1,654.60 Sales Tax 411.000.655.535.800.480.00 147.26 Page: 7 Packet Page 23 of 217 vchlist Voucher List Page: 8 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98180 8/9/2007 003320 003320 CASCADE MACHINERY & ELECTRIC (Continued) Total : 1,801.86 98181 8/9/2007 003510 CENTRAL WELDING SUPPLY RN07071023 GYMNASTICS SUPPLIES Sales Tax 001.000.640.575.550.450.00 0.69 HELIUM FOR GYMNASTICS BIRTHI 001.000.640.575.550.450.00 7.75 Total : 8.44 98182 8/9/2007 003510 CENTRAL WELDING SUPPLY LY109920 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 51.92 Freight 001.000.510.526.100.310.00 13.50 Sales Tax 001.000.510.526.100.310.00 5.82 LY109921 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 10.38 Sales Tax 001.000.510.526.100.310.00 0.92 LY109922 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 20.77 Sales Tax 001.000.510.526.100.310.00 1.85 LY109954 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 38.13 Sales Tax 001.000.510.526.100.310.00 3.39 RN07071022 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 15.50 Sales Tax 001.000.510.526.100.310.00 1.38 Page: 8 Packet Page 24 of 217 vchlist Voucher List Page: 9 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98182 8/9/2007 003510 003510 CENTRAL WELDING SUPPLY (Continued) Total : 163.56 98183 8/9/2007 064341 CINGULAR WIRELESS 871747052XO8052007 DUANE BOWMAN WIRELESS SERA DUANE BOWMAN WIRELESS SERA 001.000.620.558.800.420.00 9.13 87186097OX08052007 ROB CHAVE CELL PHONE CHARGI ROB CHAVE CELL PHONE CHARGI 001.000.620.558.600.420.00 18.26 Total : 27.39 98184 8/9/2007 064341 CINGULAR WIRELESS X08052007 OPERATIONS COMMUNICATIONS vehicles' wireless 001.000.510.522.200.420.00 86.98 Total : 86.98 98185 8/9/2007 066382 CINTAS CORPORATION 460686169 UNIFORMS Volunteers 001.000.510.522.410.240.00 46.36 Sales Tax 001.000.510.522.410.240.00 4.12 460686170 OPS UNIFORMS Stn. 16 001.000.510.522.200.240.00 89.44 Sales Tax 001.000.510.522.200.240.00 7.95 460687213 UNIFORMS Stn 17 - ALS 001.000.510.526.100.240.00 92.40 Stn 17 - OPS 001.000.510.522.200.240.00 92.40 Sales Tax 001.000.510.526.100.240.00 8.22 Sales Tax 001.000.510.522.200.240.00 8.22 Page: 9 Packet Page 25 of 217 vchlist Voucher List Page: 10 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98185 8/9/2007 066382 CINTAS CORPORATION (Continued) 460687235 OPS UNIFORMS Stn. 20 001.000.510.522.200.240.00 132.66 Sales Tax 001.000.510.522.200.240.00 11.80 Total : 493.57 98186 8/9/2007 004095 COASTWIDE LABORATORIES W1816806 FAC MAINT - SANITZERS, GLOVES FAC MAINT - SANITZERS, GLOVES 001.000.651.519.920.310.00 124.32 Freight 001.000.651.519.920.310.00 2.50 Sales Tax 001.000.651.519.920.310.00 11.29 Total : 138.11 98187 8/9/2007 069983 COMMERCIAL CARD SOLUTIONS 7577 FISHERIES SUPPLY - UNIT 100,124 FISHERIES SUPPLY - UNIT 100,124 511.000.657.548.680.310.00 104.73 SEATTLE MARINA - UNIT M 16 - PA 511.000.657.548.680.310.00 126.11 NORTHERN TOOL - FLEET - 30 GA 511.000.657.548.680.350.00 394.85 LHS LIGHTS - UNIT 189 POL - BRO 511.000.657.548.680.310.00 160.43 SERVICE FEE 511.000.657.548.680.310.00 1.00 DUNN LUMBER - UNIT EQ10FI - SU 511.200.657.594.480.640.00 386.31 Total : 1,173.43 98188 8/9/2007 062891 COOK PAGING WA 6805166 ACC NO 1126518 Page: 10 Packet Page 26 of 217 vchlist Voucher List Page: 11 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor 98188 8/9/2007 062891 COOK PAGING WA Invoice PO # Description/Account Amount (Continued) pagers -water 411.000.654.534.800.420.00 11.85 pagers-streets- 111.000.653.542.900.420.00 5.47 pagers -storm 411.000.652.542.900.420.00 15.80 Sales Tax 411.000.654.534.800.420.00 1.20 Sales Tax 411.000.652.542.900.420.00 1.59 Sales Tax 001.000.651.519.920.420.00 1.99 Sales Tax 111.000.653.542.900.420.00 0.55 pagers -facilities 001.000.651.519.920.420.00 19.75 Total : 58.20 98189 8/9/2007 005850 CRETIN, LAWRENCE CRETIN0804 PLAZA ROOM MONITOR PLAZA ROOM MONITOR 8/5/07 001.000.640.574.100.410.00 180.00 PLAZA ROOM MONITOR- 001.000.640.574.100.410.00 105.00 Total : 285.00 98190 8/9/2007 061570 DAY WIRELESS SYSTEMS - 16 38752 UNITS EQ01WR & EQ23FM - RADI( UNITS EQ01WR & EQ23FM - RADI( 511.100.657.548.680.350.00 1,053.14 Freight 511.100.657.548.680.350.00 12.00 Sales Tax 511.100.657.548.680.350.00 94.79 Page: 11 Packet Page 27 of 217 vchlist Voucher List Page: 12 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98190 8/9/2007 061570 DAY WIRELESS SYSTEMS - 16 (Continued) 38757 UNIT EQ01WR & EQ23FM - EXPAN UNIT EQ01WR & EQ23FM - EXPAN 511.100.657.548.680.350.00 27.90 Freight 511.100.657.548.680.350.00 5.00 Sales Tax 511.100.657.548.680.350.00 2.93 Total : 1,195.76 98191 8/9/2007 006626 DEPT OF ECOLOGY 208-WAR045513 STORMWATER PERMIT INVOICE - STORMWATER PERMIT INVOICE - 411.000.652.542.900.510.00 9,278.33 Total : 9,278.33 98192 8/9/2007 064422 DEPT OF GENERAL ADMIN 201583524 FAC MAINT - WORK GLOVES, DEC FAC MAINT - WORK GLOVES, DEC 001.000.651.519.920.310.00 127.65 Sales Tax 001.000.651.519.920.310.00 10.72 201583729 FAC MAINT - DISP GLOVES FAC MAINT - DISP GLOVES 001.000.651.519.920.310.00 67.00 Sales Tax 001.000.651.519.920.310.00 5.63 Total : 211.00 98193 8/9/2007 068734 DEPT OF LABOR AND INDUSTRIES 2nd Qtr L & I 2ND QTR L & I Correction to Mayor's Office L & 1 811.000.000.231.530.000.00 44.14 Total : 44.14 98194 8/9/2007 064531 DINES, JEANNIE 07-2776 INV#07-2776 EDMONDS PD Page: 12 Packet Page 28 of 217 vchlist Voucher List Page: 13 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98194 8/9/2007 064531 DINES, JEANNIE (Continued) TRANSCRIPTION CASE 07-2201 001.000.410.521.210.410.00 308.00 TRANSCRIPTION CASE 07-3038 001.000.410.521.210.410.00 44.80 TRANSCRIPTION CASE 07-2955 001.000.410.521.210.410.00 106.40 Total : 459.20 98195 8/9/2007 071826 DJANGO, PEARL DJANGO0812 CITY PARK CONCERT CITY PARK CONCERT- 001.000.640.574.200.410.00 1,100.00 Total : 1,100.00 98196 8/9/2007 070244 DUANE HARTMAN & ASSOCIATES INC 07-1187.1 E717A.Survey Services thru 07/15/07 E7FA.Survey Services thru 07/15/07 412.200.630.594.320.650.00 5,594.20 Total : 5,594.20 98197 8/9/2007 071824 DUDYSITYN, ALLLA DUDYSHUN REFUND REFUNDS FOR WINTER CLASSES 001.000.000.239.200.000.00 272.00 Total : 272.00 98198 8/9/2007 007253 DUNN LUMBER 09231730 LUMBER LUMBER 001.000.640.576.800.310.00 294.60 Sales Tax 001.000.640.576.800.310.00 26.22 09232255 LUMBER & SUPPLIES LUMBER & SUPPLIES 125.000.640.594.750.650.00 252.46 Sales Tax 125.000.640.594.750.650.00 22.47 Total : 595.75 98199 8/9/2007 069605 EAGLE EYE CONSULTING ENGINEERS 2007210 RONQUILLO,KOSTELYK,ED. PROF Page: 13 Packet Page 29 of 217 vchlist Voucher List Page: 14 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98199 8/9/2007 069605 EAGLE EYE CONSULTING ENGINEERS (Continued) RONQUILLO,KOSTELYK,ED. PROF 001.000.620.524.100.410.00 1,127.23 Total : 1,127.23 98200 8/9/2007 068357 EARTH TECH 92358-14-417979 ESFG.Services thru 06/29/07 ESFG.Services thru 06/29/07 412.200.630.594.320.650.00 11,998.13 Total : 11,998.13 98201 8/9/2007 071596 EBORALL, STEVE EBORALL8498 ART CLASSES ART DAZE #8498 001.000.640.574.200.410.00 113.75 Total : 113.75 98202 8/9/2007 007675 EDMONDS AUTO PARTS 84044 SUPPLIES LOCK GRIP 001.000.640.576.800.310.00 7.89 Sales Tax 001.000.640.576.800.310.00 0.70 84094 SUPPLIES CUT OFF WHEEL 001.000.640.576.800.310.00 48.50 Sales Tax 001.000.640.576.800.310.00 4.32 84108 SUPPLIES UNDERCOAT 001.000.640.576.800.310.00 20.25 Sales Tax 001.000.640.576.800.310.00 1.80 Total : 83.46 98203 8/9/2007 007905 EDMONDS FAMILY MEDICINE CLINIC 536680085 ID#536680085 - M. MARSH EVALUATION/SGT. M. MARSH- 001.000.410.521.100.410.00 164.00 Total : 164.00 Page: 14 Packet Page 30 of 217 vchlist Voucher List Page: 15 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98204 8/9/2007 070683 EDMONDS MAIL & PARCEL 11434 UPS/CHVOND BARRY ENGR. UPS/CHVOND BARRY ENGR. 411.000.656.538.800.420.00 16.39 Sales Tax 411.000.656.538.800.420.00 1.46 Total : 17.85 98205 8/9/2007 069878 EDMONDS-WESTGATE VET HOSPITAL 101268 INV#101268 CUST#5118 EDMONDE SPAY DOG - IMPOUND #7004 001.000.410.521.700.490.01 109.75 EXPLORE PRE -SPAYED DOG - IMF 001.000.410.521.700.490.01 60.00 SPAY DOG - IMPOUND #6991 001.000.410.521.700.490.01 109.75 NEUTER CAT - IMPOUND #6898 001.000.410.521.700.490.01 44.75 NEUTER CAT - IMPOUND #6933 001.000.410.521.700.490.01 44.75 Total : 369.00 98206 8/9/2007 069055 EHS INTERNATIONAL INC. 24444 ESMC.Services thru 07/18/07 ESMC.Services thru 07/18/07 125.000.640.594.750.650.00 6,039.50 Total : 6,039.50 98207 8/9/2007 008812 ELECTRONIC BUSINESS MACHINES 0266541 MK0653 COPIER CONTRACT 411.000.656.538.800.450.41 173.25 Sales Tax 411.000.656.538.800.450.41 15.42 Total : 188.67 98208 8/9/2007 047407 EMPLOYMENT SECURITY DEPT UBI 312-000-093-000 ES REF # 94513310 7 Q2-07 Unemployment Insurance 001.000.390.517.780.230.00 1,709.00 Total : 1,709.00 Page: 15 Packet Page 31 of 217 vchlist Voucher List Page: 16 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98209 8/9/2007 065789 ESTES, KEN 68 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 351.55 Total : 351.55 98210 8/9/2007 065958 EZ-LINER 45121 UNIT 46 - SS/HP FILTER, SUPPLIE: UNIT 46 - SS/HP FILTER, SUPPLIE: 511.000.657.548.680.310.00 1,207.65 Freight 511.000.657.548.680.310.00 67.35 Total : 1,275.00 98211 8/9/2007 069380 FBINAA WASHINGTON CHAPTER GANNON FBINNA 2007 TRAINING/G. GANNO REGISTRATION/GANNON- 001.000.410.521.400.490.00 85.00 Total : 85.00 98212 8/9/2007 067042 FINAL TOUCH FINISHING KING8064 ETIQUETTE CLASS LOOKING GOOD FOR GIRLS- 001.000.640.574.200.410.00 225.00 Total : 225.00 98213 8/9/2007 070855 FLEX PLAN SERVICES INC 97860 July 2007 - 125 plan fees July 2007 - 125 plan fees 001.000.220.516.100.410.00 50.00 July 2007 - 132 plan fees plus check 811.000.000.231.590.000.00 31.80 Total : 81.80 98214 8/9/2007 063341 FORCIBLE ENTRY 703 OPS UNIFORMS gloves & eye kits 001.000.510.522.200.240.00 742.00 Freight 001.000.510.522.200.240.00 16.00 Sales Tax 001.000.510.522.200.240.00 67.46 Page: 16 Packet Page 32 of 217 vchlist Voucher List Page: 17 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98214 8/9/2007 063341 FORCIBLE ENTRY (Continued) 704 OPS SUPPLIES mask bags 001.000.510.522.200.310.00 252.00 Freight 001.000.510.522.200.310.00 20.00 Sales Tax 001.000.510.522.200.310.00 24.21 Total : 1,121.67 98215 8/9/2007 071311 FORMS AND FILING INC 105405A INV#105405A CUST#8151 EDMONE COL'R'TAB LABELS - 0, 1, 2 001.000.410.521.110.310.00 39.00 COL'R'TAB LABELS - 40, 50, 90 SEF 001.000.410.521.110.310.00 77.40 Freight 001.000.410.521.110.310.00 9.31 Sales Tax 001.000.410.521.110.310.00 11.19 Total : 136.90 98216 8/9/2007 071833 FRACTISOUS, MONIQUE FRACTISOUS0707 REFUND REFUND OF DAMAGE DEPOSIT FC 001.000.000.239.200.000.00 250.00 Total : 250.00 98217 8/9/2007 068617 GLEISNER, BARBARA GLEISNER8255 TAIJIQUAN CLASSES TAIJIQUAN #8255 001.000.640.575.540.410.00 540.00 TAIJIQUAN #8251 001.000.640.575.540.410.00 445.50 Total : 985.50 98218 8/9/2007 012199 GRAINGER 9410177423 SUPPLIES Page: 17 Packet Page 33 of 217 vchlist Voucher List Page: 18 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98218 8/9/2007 012199 GRAINGER (Continued) PAINT BRUSHES 001.000.640.576.800.310.00 93.20 Sales Tax 001.000.640.576.800.310.00 8.02 9417233286 SUPPLIES EAR PLUGS 001.000.640.576.800.310.00 87.50 Sales Tax 001.000.640.576.800.310.00 7.79 Total : 196.51 98219 8/9/2007 071391 GRAY & OSBORNE INC 07523.00-3 E7AB.Services thru 07/28/07 E7AB.Services thru 07/28/07 112.200.630.595.330.650.00 1,482.50 Total : 1,482.50 98220 8/9/2007 065412 HANAUER, NANCY HANAUER8247 PRINCESS PARTY PINT-SIZED PRINCESS PARTY #82 001.000.640.574.200.410.00 40.50 Total : 40.50 98221 8/9/2007 064721 HATZENBUHLER, HAROLD 66 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 617.000.510.522.200.230.00 118.00 Total : 118.00 98222 8/9/2007 006030 HDR ENGINEERING INC M-246699 E4GA.Services thru 06/30/07 E4GA.Services thru 06/30/07 412.300.630.594.320.650.00 9,177.34 Total : 9,177.34 98223 8/9/2007 069332 HEALTHFORCE OCCMED 1030-88 Testing services - 3/2/07 Page: 18 Packet Page 34 of 217 vchlist Voucher List Page: 19 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98223 8/9/2007 069332 HEALTHFORCE OCCMED (Continued) Testing services - 3/2/07 001.000.410.521.100.410.00 86.00 Testing services 6/15/07 411.000.655.535.800.410.00 85.00 Testing services - 6/27/07 111.000.653.542.900.410.00 50.00 Total : 221.00 98224 8/9/2007 071822 HERRIN, ERICA HERRIN0730 REFUND REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 500.00 Total : 500.00 98225 8/9/2007 067862 HOME DEPOT CREDIT SERVICES 1038208 6035 3225 0267 0205 TAPE, ETC. 001.000.640.576.800.310.00 19.10 Sales Tax 001.000.640.576.800.310.00 1.70 2046696 6035 3225 0267 0205 GASSER, ETC. 001.000.640.576.800.310.00 52.83 Sales Tax 001.000.640.576.800.310.00 4.70 3065171 6035 3225 0267 0205 BITS 001.000.640.576.800.310.00 13.92 Sales Tax 001.000.640.576.800.310.00 1.24 4047667 6035 3225 0267 0205 SUPPLIES 001.000.640.576.800.310.00 6.73 Sales Tax 001.000.640.576.800.310.00 0.60 Page: 19 Packet Page 35 of 217 vchlist Voucher List Page: 20 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98225 8/9/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 4066280 6035 3225 0267 0205 SHARPIES, ETC. 001.000.640.576.800.310.00 42.59 Sales Tax 001.000.640.576.800.310.00 3.79 5032246 6035 3225 0267 0205 FLAT PLATES 001.000.640.576.800.310.00 21.96 Sales Tax 001.000.640.576.800.310.00 1.95 5047498 6035 3225 0267 02025 MISC. SUPPLIES 001.000.640.576.800.310.00 112.39 Sales Tax 001.000.640.576.800.310.00 10.00 6038873 6035 3225 0267 0205 ADAPTER, STRAP, ETC. 001.000.640.576.800.310.00 6.23 Sales Tax 001.000.640.576.800.310.00 0.55 7038690 6035 3225 0267 0205 HOLDER, ETC. 001.000.640.576.800.310.00 19.21 Sales Tax 001.000.640.576.800.310.00 1.71 7038706 6035 3225 0267 0205 ROLLER COVER, ETC. 001.000.640.576.800.310.00 15.82 Sales Tax 001.000.640.576.800.310.00 1.41 9030074 6035 3225 0267 0205 SUPPLIES 001.000.640.576.800.310.00 35.82 Sales Tax 001.000.640.576.800.310.00 3.19 Page: 20 Packet Page 36 of 217 vchlist Voucher List Page: 21 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98225 8/9/2007 067862 067862 HOME DEPOT CREDIT SERVICES (Continued) Total : 377.44 98226 8/9/2007 067862 HOME DEPOT CREDIT SERVICES 1091932 OPS SUPPLIES blades & brushes 001.000.510.522.200.310.00 66.75 Total : 66.75 98227 8/9/2007 071642 HOUGH BECK & BAIRD INC 7176 PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR C 125.000.640.594.750.650.00 4,967.90 Total : 4,967.90 98228 8/9/2007 070896 HSBC BUSINESS SOLUTIONS 057883 OPS SUPPLIES Staplers, batteries 001.000.510.522.200.310.00 117.82 Total : 117.82 98229 8/9/2007 070042 IKON FINANCIAL SERVICES 73894272 COPIER LEASE PARK MAINTENANCE COPIER LEA 001.000.640.576.800.450.00 22.87 Total : 22.87 98230 8/9/2007 070042 IKON FINANCIAL SERVICES 73894262 RECEPTION COPIER RENT - DS DI RECEPTION COPIER RENT - DS DI 001.000.620.558.800.450.00 99.88 73894264 LARGE COPIER RENT - DS DEPT. LARGE COPIER RENT - DS DEPT. 001.000.620.558.800.450.00 1,453.98 73894266 ENG. COLOR COPIER RENT ENG. COLOR COPIER RENT 001.000.620.558.800.450.00 446.63 Total : 2,000.49 98231 8/9/2007 069349 INTERNATIONAL CODE COUNCIL INC 07-0184650 MEMBERSHIP #0184650 RENEWAI MEMBERSHIP #0184650 RENEWAI 001.000.620.524.100.490.00 100.00 Page: 21 Packet Page 37 of 217 vchlist Voucher List Page: 22 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98231 8/9/2007 069349 069349 INTERNATIONAL CODE COUNCIL It (Continued) Total : 100.00 98232 8/9/2007 069349 INTERNATIONAL CODE COUNCIL INC ANN BULLIS 2007 ANN BULLIS RENEWAL OF TO CEF ANN BULLIS RENEWAL OF TO CEF 001.000.620.524.100.490.00 60.00 Total : 60.00 98233 8/9/2007 070526 INTERNATIONAL TACTICAL SWAT TRAINING INSTRUCTOR FEES/SWAT TRAINIP SWAT TRAINING 1/3 SHARE- 001.000.410.521.400.490.00 4,000.00 Total : 4,000.00 98234 8/9/2007 017050 KWICK'N KLEEN CAR WASH MAY/JUNE 2007 INV FOR MAY/JUNE CARWASHES MAY CARWASHES 001.000.410.521.220.480.00 187.50 JUNE CARWASHES 001.000.410.521.220.480.00 170.00 Total : 357.50 98235 8/9/2007 017135 LANDAU ASSOCIATES INC 0021370 810 WALNUT ST - ENVIRONMENTF 810 WALNUT ST - ENVIRONMENTF 411.000.652.542.900.410.00 505.50 Total : 505.50 98236 8/9/2007 066873 LAWLESS, JIM 07/31/2007 Tuition Reimbursement - 1/8 thru 5/4 Tuition Reimbursement - 1/8 thru 5/4 001.000.220.516.100.490.00 1,397.00 Total : 1,397.00 98237 8/9/2007 067725 LES SCHWAB TIRE CENTER 130307 UNIT 476 - 8 RADIAL HWY TIRES V� UNIT 476 - 8 RADIAL HWY TIRES V1 511.000.657.548.680.310.00 4,244.32 Sales Tax 511.000.657.548.680.310.00 385.74 Total : 4,630.06 98238 8/9/2007 071831 LONG, DIANNA LONG0802 REFUND Page: 22 Packet Page 38 of 217 vchlist Voucher List Page: 23 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98238 8/9/2007 071831 LONG, DIANNA (Continued) CLASS REFUND 001.000.000.239.200.000.00 71.00 Total : 71.00 98239 8/9/2007 018760 LUNDS OFFICE ESSENTIALS 095129 OFFICE SUPPLIES PRINTED ENVELOPES 001.000.640.574.100.310.00 89.00 Sales Tax 001.000.640.574.100.310.00 7.92 Total : 96.92 98240 8/9/2007 060855 LYNNWOOD TROPHY CENTER 16681 Retirement plaques for 2 commissior Retirement plaques for 2 commissior 001.000.210.513.100.490.00 65.90 Sales Tax 001.000.210.513.100.490.00 5.87 Total : 71.77 98241 8/9/2007 060855 LYNNWOOD TROPHY CENTER 16689 INV#16689 - UPDATING DEPARTME UPDATING DEPT. PLAQUES 001.000.410.521.100.310.00 64.00 Sales Tax 001.000.410.521.100.310.00 5.70 Total : 69.70 98242 8/9/2007 071834 MACFARLANE, STEPHANIE MACFARLANE0807 REFUND REFUND OF DAMAGE DEPOSIT FC 001.000.000.239.200.000.00 500.00 Total : 500.00 98243 8/9/2007 071140 MAD SCIENCE SCIENCE8094 MAD SCIENCE CAMP MAD SCIENCE CAMP #8094 001.000.640.574.200.410.00 2,784.00 MAD SCIENCE CAMP #8095 001.000.640.574.200.410.00 2,197.00 Page: 23 Packet Page 39 of 217 vchlist Voucher List Page: 24 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98243 8/9/2007 071140 071140 MAD SCIENCE (Continued) Total : 4,981.00 98244 8/9/2007 019650 MASTER POOLS OF WASHINGTON INC 44789 YOST POOL SUPPLIES YOST POOL SUPPLIES 001.000.640.576.800.310.00 106.62 Sales Tax 001.000.640.576.800.310.00 9.49 44906 YOST POOL SUPPLIES POOLVACUUM 001.000.640.576.800.310.00 175.00 Sales Tax 001.000.640.576.800.310.00 15.58 45040 YOST POOL SUPPLIES YOST POOL SUPPLIES 001.000.640.576.800.310.00 79.12 Sales Tax 001.000.640.576.800.310.00 7.04 45130 YOST POOL SUPPLIES REAGENTS 001.000.640.576.800.310.00 18.00 Sales Tax 001.000.640.576.800.310.00 1.60 Total : 412.45 98245 8/9/2007 020039 MCMASTER-CARR SUPPLY CO 69284113 123106800 PRESSURE GAUGES 411.000.656.538.800.310.21 250.67 Freight 411.000.656.538.800.310.21 6.70 69361026 123106800 BACKER ROD 411.000.656.538.800.310.21 251.66 Freight 411.000.656.538.800.310.21 17.75 Page: 24 Packet Page 40 of 217 vchlist Voucher List Page: 25 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98245 8/9/2007 020039 MCMASTER-CARR SUPPLY CO (Continued) 69513636 123106800 FLOAT VALVE 411.000.656.538.800.310.21 124.68 Freight 411.000.656.538.800.310.21 5.42 Total : 656.88 98246 8/9/2007 071487 MED-TECH RESOURCE INC 29531 INV#29531 EDMONDS PD YELLOW EMERGENCY BLANKETS 001.000.410.521.220.310.00 53.04 Freight 001.000.410.521.220.310.00 8.45 Total : 61.49 98247 8/9/2007 071392 MEDIA BAY PRODUCTIONS LLC 2007-410 OUTDOOR MOVIE PACKAGE COMPLETE OUTDOOR CINEMA PP 001.000.640.574.200.410.00 2,153.00 Total : 2,153.00 98248 8/9/2007 021983 MOTOR TRUCKS INC 110117120 UNIT 11 - REG ASSY, CHANNEL, H, UNIT 11 - REG ASSY, CHANNEL, H, 511.000.657.548.680.310.00 114.37 Freight 511.000.657.548.680.310.00 12.50 Sales Tax 511.000.657.548.680.310.00 10.91 Total : 137.78 98249 8/9/2007 022009 MOTOROLA INC 13550958 OPS COMMUNICATIONS Modem, cable, etc. 001.000.510.522.200.420.00 2,163.75 Sales Tax 001.000.510.522.200.420.00 192.57 Total : 2,356.32 98250 8/9/2007 024302 NELSON PETROLEUM 0318704-CM REFUND FROM DUPLICATE BILLIN Page: 25 Packet Page 41 of 217 vchlist Voucher List Page: 26 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98250 8/9/2007 024302 NELSON PETROLEUM (Continued) REFUND FROM DUPLICATE BILLIN 511.000.657.548.680.340.40 -82.52 Sales Tax 511.000.657.548.680.340.40 -7.09 0341789-IN FLEET INVENTORY - FILTERS FLEET INVENTORY - FILTERS 511.000.657.548.680.340.40 194.03 Sales Tax 511.000.657.548.680.340.40 16.68 Total : 121.10 98251 8/9/2007 065315 NEWCOMB, TRACY NEWCOMB8327 FUN FACTORY FUN FACTORY #8327 001.000.640.574.200.410.00 690.00 Total : 690.00 98252 8/9/2007 024960 NORTH COAST ELECTRIC COMPANY S1632682.001 2091 FUSE BLOCK 411.000.656.538.800.310.22 403.00 Sales Tax 411.000.656.538.800.310.22 34.66 Total : 437.66 98253 8/9/2007 061013 NORTHWEST CASCADE INC 0529297 DAMAGED HONEY BUCKET DAMAGE TO UNIT @ MADRONA El 001.000.640.576.800.450.00 850.00 Sales Tax 001.000.640.576.800.450.00 75.65 0530630 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:- 001.000.640.576.800.450.00 98.02 Total : 1,023.67 98254 8/9/2007 025690 NOYES, KARIN 000 00 492 7/25/07 PLANNING BOARD MINUTE Page: 26 Packet Page 42 of 217 vchlist Voucher List Page: 27 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor 98254 8/9/2007 025690 NOYES, KARIN 98255 8/9/2007 063511 OFFICE MAX CONTRACT INC Invoice PO # Description/Account Amount (Continued) 7/25/07 PLANNING BOARD MINUTE 001.000.620.558.600.410.00 390.00 000 00 493 HISTORIC PRIES 7/12/07 & PLANNII HISTORIC PRIES 7/12/07 & PLANNII 001.000.620.558.600.410.00 300.00 Total : 690.00 513090 OFFICE SUPPLIES LAMINATOR, BANDAIDS 001.000.640.574.100.310.00 184.83 INK FOR DAYCAMP PRINTER 001.000.640.575.530.310.00 34.32 Sales Tax 001.000.640.574.100.310.00 16.45 Sales Tax 001.000.640.575.530.310.00 3.05 561982 OFFICE SUPPLIES CLOCK, CLIPS 001.000.640.576.800.310.00 40.02 Sales Tax 001.000.640.576.800.310.00 3.20 644270 OFFICE SUPPLIES TONER & FAX CARTRIDGES 001.000.640.576.800.310.00 133.48 POOL SUPPLIES 001.000.640.575.510.310.00 62.92 MISC. PAPER 001.000.640.574.100.310.00 214.34 Sales Tax 001.000.640.576.800.310.00 11.88 Sales Tax 001.000.640.575.510.310.00 5.60 Sales Tax 001.000.640.574.100.310.00 19.07 Page: 27 Packet Page 43 of 217 vchlist 08/08/2007 4:01:58PM Voucher List City of Edmonds Page: 28 Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98255 8/9/2007 063511 OFFICE MAX CONTRACT INC (Continued) 696848 OFFICE SUPPLIES GLOVES, TAPE FOR DISCOVERY F 001.000.640.574.350.310.00 12.33 Sales Tax 001.000.640.574.350.310.00 0.74 Total : 742.23 98256 8/9/2007 063511 OFFICE MAX CONTRACT INC 007015 MISC.OFFICE SUPPLIES. MISC.OFFICE SUPPLIES. 001.000.620.558.800.310.00 571.31 Sales Tax 001.000.620.558.800.310.00 50.86 565074 2-DRAWER FILE CAB. FOR MICHAI 2-DRAWER FILE CAB. FOR MICHAI 001.000.620.558.800.310.00 251.79 Sales Tax 001.000.620.558.800.310.00 22.42 816037 DAF8 DRAFTING FILM -BACK ORDI DAF8 DRAFTING FILM -BACK ORDI 001.000.620.558.800.310.00 329.19 Sales Tax 001.000.620.558.800.310.00 29.30 Total : 1,254.87 98257 8/9/2007 063511 OFFICE MAX CONTRACT INC 033868 INV#033868 ACCT#520437 250POL Page: 28 Packet Page 44 of 217 vchlist Voucher List Page: 29 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98257 8/9/2007 063511 OFFICE MAX CONTRACT INC (Continued) 10 DOZEN FLEXGRIP PENS - PATF 001.000.410.521.100.310.00 82.80 SMALL BINDER CLIPS 001.000.410.521.100.310.00 6.12 JUMBO PAPER CLIPS 001.000.410.521.100.310.00 8.02 HANGING FILE WALL SYSTEM 104.000.410.521.210.310.00 59.03 PARTITION HANGERS -FILE SYSTE 104.000.410.521.210.310.00 12.53 Sales Tax 001.000.410.521.100.310.00 8.62 Sales Tax 104.000.410.521.210.310.00 6.37 Total : 183.49 98258 8/9/2007 070166 OFFICE OF THE STATE TREASURER June 2007 COURT, BLDG CODE & JIS TRANSI Emergency Medical Services & Traur 001.000.000.237.120.000.00 1,037.19 PSEA 1 ,2 , 3Acoount 001.000.000.237.130.000.00 22,575.09 Building Code Fee Account 001.000.000.237.150.000.00 341.00 State Patrol Death Investigations 001.000.000.237.170.000.00 493.12 Judicial Information Systems Accoun 001.000.000.237.180.000.00 3,350.15 School Zone Safety Account 001.000.000.237.200.000.00 165.30 Total : 27,961.85 98259 8/9/2007 026200 OLYMPIC VIEW WATER DISTRICT 0054671 WATER 23700 104TH AVE W 001.000.640.576.800.470.00 192.30 Page: 29 Packet Page 45 of 217 vchlist Voucher List Page: 30 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98259 8/9/2007 026200 026200 OLYMPIC VIEW WATER DISTRICT (Continued) Total : 192.30 98260 8/9/2007 063750 ORCA PACIFIC 029693 YOST POOL SUPPLIES SODIUM HYPOCHLORITE 001.000.640.576.800.310.00 219.44 Sales Tax 001.000.640.576.800.310.00 19.53 029841 YOST POOL CHEMICALS YOST POOL CHEMICALS 001.000.640.576.800.310.00 447.32 Sales Tax 001.000.640.576.800.310.00 39.82 Total : 726.11 98261 8/9/2007 002203 OWEN EQUIPMENT COMPANY 00046540 UNIT 31 - DEBRIS HOSE, HOSE EN UNIT 31 - DEBRIS HOSE, HOSE EN 511.000.657.548.680.310.00 808.56 Freight 511.000.657.548.680.310.00 62.05 Sales Tax 511.000.657.548.680.310.00 77.48 Total : 948.09 98262 8/9/2007 066412 PARKS & RECREATION DAYCAMP CAMPCASH0806 DAYCAMP PETTY CASH REIMBUR; REIMBURSEMENT FOR DAYCAMP 001.000.640.575.530.310.00 434.56 Total : 434.56 98263 8/9/2007 008400 PETTY CASH - EPD AUGUST PETTY CASH AUGUST PETTY CASH REIMBURSE Page: 30 Packet Page 46 of 217 vchlist Voucher List Page: 31 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor 98263 8/9/2007 008400 PETTY CASH - EPD Invoice PO # Description/Account Amount (Continued) BALLOONS/EDMONDS NIGHT OUT 001.000.410.521.300.310.00 7.12 BATTERIES/MCGRUFF- 001.000.410.521.300.310.00 7.05 PARKING/GRAFFITI MTG 001.000.410.521.100.430.00 5.00 CAKE/BINKLEY FAREWELL 001.000.410.521.100.310.00 15.99 COOKIES/POLICE FOUNDATION M 001.000.410.521.100.310.00 5.98 CAKE/APT. MGR ASSOC. MTG- 001.000.410.521.300.310.00 11.98 FOOD HANDLERS PERMIT/GANNO 001.000.410.521.100.310.00 10.00 COFFEE MATE/HOSTING MEETINC 001.000.410.521.100.310.00 5.49 COOKIES/PUBLIC SAFETY TECHN� 001.000.410.521.100.310.00 7.98 SUNGLASSES/MC OFFICER FALK 001.000.410.521.710.310.00 49.01 COOKIES/POLICE FOUNDATION M 001.000.410.521.100.310.00 6.00 FERRY FEES/WSP TRAINING/FALi 001.000.410.521.400.430.00 6.25 AA BATTERIES/DEPARTMENT 001.000.410.521.220.310.00 31.24 PARK I N G/HARBO RV I E W -CO M PAAI 001.000.410.521.100.430.00 6.00 POSTAGE CERTIFIED MAIL/GUTHF 001.000.410.521.100.420.00 8.34 PARKING/STERN- 001.000.410.521.400.430.00 2.00 KEYS MADE/TRAFFIC CABINET 001.000.410.521.710.310.00 4.90 Page: 31 Packet Page 47 of 217 vchlist Voucher List Page: 32 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor 98263 8/9/2007 008400 PETTY CASH - EPD 98264 98265 98266 Invoice (Continued) 8/9/2007 071811 PONY MAIL BOX & BUSINESS CTR 157331 PO # Description/Account Amount UNIFORM CLEAN ING/SGT.SMITH 001.000.410.521.110.410.00 11.98 PARKING/COMPAAN- 001.000.410.521.100.430.00 5.00 POSTAGE/CEILING MOUNTS- 001.000.410.521.210.310.00 7.20 VARIETY MUFFINS/HOSTING TRAII 001.000.410.521.400.310.00 5.99 COOKIES/POLICE FOUNDATION M 001.000.410.521.100.310.00 7.33 COFFEE/ROLLS/MUFFINS- 001.000.410.521.400.310.00 58.07 FUEL/K9 3/MCCLURE- 001.000.410.521.400.320.00 37.05 PARKING/GANNON- 001.000.410.521.100.430.00 11.00 FUEL/YAKIMA CONFERENCE-GANI 001.000.410.521.400.320.00 20.00 STAPLER & STAPLES/RANGE 001.000.410.521.220.310.00 19.51 FUEL/OFFICER LEE- 001.000.410.521.400.320.00 10.00 Total : 383.46 INV#157331 CUST#2772 EDMONDE RETURN GUN RACK TO MAKER 001.000.410.521.100.420.00 28.85 Total : 28.85 8/9/2007 070979 PRECISION EARTHWORKS, INC ESMD.Ret Release ESMD.Retainage Release ESMD.Retainage Release 132.000.640.594.760.650.00 11,309.32 Total : 11, 309.32 8/9/2007 065021 PRINTING PLUS 62247 WRITE ON THE SOUND BROCHUR Page: 32 Packet Page 48 of 217 vchlist Voucher List Page: 33 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98266 8/9/2007 065021 PRINTING PLUS (Continued) WRITE ON THE SOUND 2007- 123.000.640.573.100.490.00 2,394.83 Sales Tax 123.000.640.573.100.490.00 213.14 62366 WOTS POSTERS WRITE ON THE SOUND POSTERS 123.000.640.573.100.490.00 132.32 Sales Tax 123.000.640.573.100.490.00 11.78 Total : 2,752.07 98267 8/9/2007 071559 PUBLIC SAFETY SELECTION PC 984 Post COE Evaluations Post COE Evaluations 001.000.220.516.210.410.00 1,050.00 Total : 1,050.00 98268 8/9/2007 068697 PUBLIC SAFETY TESTING INC 2007-1774 April - June 2007 fees (PD) April - June 2007 fees (PD) 001.000.220.516.210.410.00 700.00 April - June 2007 fees (Fire) 001.000.220.516.210.410.00 902.00 Total : 1,602.00 98269 8/9/2007 065579 QUIKSIGN 55861 S-07-52 ZIMMERLUND S-07-52 ZIMMERLUND 001.000.620.558.600.410.11 156.00 Sales Tax 001.000.620.558.600.410.11 13.88 55870 MICHEL S-07-50. MICHEL S-07-50. 001.000.620.558.600.410.11 156.00 Sales Tax 001.000.620.558.600.410.11 13.88 Total : 339.76 Page: 33 Packet Page 49 of 217 vchlist Voucher List Page: 34 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98270 8/9/2007 071696 RANKINS, KATE RANKINS0803 PLAZA ROOM MONITOR PLAZA ROOM MONITOR- 001.000.640.574.100.410.00 40.00 Total : 40.00 98271 8/9/2007 031500 REID MIDDLETON & ASSOC INC 0707112-113 ESMC.Services thru 07/13/07 ESMC.Services thru 07/13/07 125.000.640.594.750.650.00 3,128.34 0707167 E2FA.Services thru 07/27/07 E2FA.Services thru 07/27/07 412.200.630.594.320.650.00 1,770.00 ESGA.Services thru 07/27/07 412.300.630.594.320.650.00 1,935.00 Total : 6,833.34 98272 8/9/2007 068484 RINKER MATERIALS 9413362651 WATER - ASPHALT WATER - ASPHALT 411.000.654.534.800.310.00 60.00 Sales Tax 411.000.654.534.800.310.00 5.34 Total : 65.34 98273 8/9/2007 071825 ROAD CONSTRUCTION NW, INC E1CC.Pmt 1 E1CC.Services thru 07/31/07 E1CC.Services thru 07/31/07 112.200.630.595.330.650.00 98,445.11 E1CC.Retainage 1 412.100.000.223.400.000.00 -4, 922.26 Total : 93,522.85 98274 8/9/2007 071467 S MORRIS COMPANY 07/30/07 INV FOR JULY 2007 - EDMONDS Al DISPOSE OF 3 ANIMAL CARCASSE 001.000.410.521.700.410.00 58.50 DISPOSE OF 5 ANIMAL CARCASSE 001.000.410.521.700.410.00 48.75 DISPOSE OF 6 ANIMAL CARCASSE 001.000.410.521.700.410.00 58.50 Page: 34 Packet Page 50 of 217 vchlist Voucher List Page: 35 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98274 8/9/2007 071467 071467 S MORRIS COMPANY (Continued) Total : 165.75 98275 8/9/2007 061482 SEA -WESTERN INC 117651 ALS PROTECTIVE CLOTHING boot savers 001.000.510.526.100.250.00 108.00 Freight 001.000.510.526.100.250.00 5.99 Sales Tax 001.000.510.526.100.250.00 10.15 Total : 124.14 98276 8/9/2007 036950 SIX ROBBLEES INC 14-172327 UNIT 476 - INNER NUT UNIT 476 - INNER NUT 511.000.657.548.680.310.00 22.30 Sales Tax 511.000.657.548.680.310.00 1.92 1-602245 UNIT 85 - 7.5 TON DRAWBAR UNIT 85 - 7.5 TON DRAWBAR 511.000.657.548.680.310.00 54.41 Sales Tax 511.000.657.548.680.310.00 4.68 19-019590 UNIT 476 - STUD, NUT, VOYAGER ; UNIT 476 - STUD, NUT, VOYAGER ; 511.000.657.548.680.310.00 106.76 Sales Tax 511.000.657.548.680.310.00 9.18 19-019594 UNIT 476 - NUTS, INNER NUTS, ST UNIT 476 - NUTS, INNER NUTS, ST 511.000.657.548.680.310.00 64.70 Sales Tax 511.000.657.548.680.310.00 5.56 Total : 269.51 98277 8/9/2007 036955 SKY NURSERY 262299 GARDENING SUPPLIES Page: 35 Packet Page 51 of 217 vchlist Voucher List Page: 36 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98277 8/9/2007 036955 SKY NURSERY (Continued) ANNUALS, PERENNIALS, ETC. 001.000.640.576.800.310.00 148.83 Sales Tax 001.000.640.576.800.310.00 13.25 262880 GARDEN SUPPLIES PERENNIALS, GROUNDCOVER, El 125.000.640.594.750.650.00 194.46 Sales Tax 125.000.640.594.750.650.00 17.31 Total : 373.85 98278 8/9/2007 036955 SKY NURSERY 262984 WATER - 3 WAY SOIL WATER - 3 WAY SOIL 411.000.654.534.800.310.00 39.94 Sales Tax 411.000.654.534.800.310.00 3.55 Total : 43.49 98279 8/9/2007 037375 SNO CO PUD NO 1 2110016462 IRRIGATION CONTROL IRRIGATION CONTROL 001.000.640.576.800.470.00 29.74 5070014260 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.640.576.800.470.00 29.74 Total : 59.48 98280 8/9/2007 037375 SNO CO PUD NO 1 394019584 463-001-867-1 9805 EDMONDS WAY/WESTGATE 411.000.656.538.800.471.62 28.52 Sales Tax 411.000.656.538.800.471.62 1.71 Total : 30.23 98281 8/9/2007 037375 SNO CO PUD NO 1 3050047152 SIGNAL LIGHT Page: 36 Packet Page 52 of 217 vchlist Voucher List Page: 37 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98281 8/9/2007 037375 SNO CO PUD NO 1 (Continued) SIGNAL LIGHT 111.000.653.542.640.470.00 164.78 4510017488 TRAFFIC SIGNAL TRAFFIC SIGNAL 111.000.653.542.640.470.00 29.74 6000013000 STREET LIGHTING STREET LIGHTING 111.000.653.542.630.470.00 8,448.65 6100013009 STREET LIGHTING STREET LIGHTING 111.000.653.542.630.470.00 7,944.24 6100013306 STREET LIGHTING STREET LIGHTING 111.000.653.542.630.470.00 170.07 6200013008 STREET LIGHTING STREET LIGHTING 111.000.653.542.630.470.00 1,814.76 Total : 18,572.24 98282 8/9/2007 065910 SNOCOM 911 COMMUNICATIONS 396 OPS PROF SERVICES New field added to WebFirs 001.000.510.522.200.410.00 600.00 Total : 600.00 98283 8/9/2007 006630 SNOHOMISH COUNTY 49045 DUMP SERVICES DUMP SERVICES 001.000.640.576.800.470.00 773.00 DUMP SERVICES 411.000.654.534.800.310.00 74.00 DUMP SERVICES 411.000.655.535.800.310.00 60.00 Total : 907.00 98284 8/9/2007 070167 SNOHOMISH COUNTY TREASURER JUNE 2007 crime victims-june 2007 Page: 37 Packet Page 53 of 217 vchlist Voucher List Page: 38 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98284 8/9/2007 070167 SNOHOMISH COUNTY TREASURER (Continued) crime victims-june 2007 001.000.000.237.140.000.00 690.70 Total : 690.70 98285 8/9/2007 038300 SOUND DISPOSAL CO 03587/0731 DISPOSAL SERVICES PARK MAINTENANCE DISPOSAL S 001.000.640.576.800.470.00 576.16 Total : 576.16 98286 8/9/2007 038300 SOUND DISPOSAL CO 03583 garbage & recycle for PS garbage & recycle for PS 001.000.651.519.920.470.00 487.49 03585 garbage & recycle for FAC garbage & recycle for FAC 001.000.651.519.920.470.00 556.90 03586 garbage & recycle for Library garbage & recycle for Library 001.000.651.519.920.470.00 491.20 03588 garbage & recycle -City Hall garbage & recycle -City Hall 001.000.651.519.920.470.00 379.46 Total : 1,915.05 98287 8/9/2007 070677 SPRINT Eng.July 2007 Engineering Nextel thru 07/24/07 Engineering Nextel thru 07/24/07 001.000.620.532.200.420.00 734.36 Total : 734.36 98288 8/9/2007 069997 SRI TECHNOLOGIES INC 69528 E7CA.Roberts thru 07/14/07 E7CA.Roberts thru 07/14/07 125.100.620.595.300.650.00 195.00 69767 E7CA.Roberts thru 07/21/07 E7CA.Roberts thru 07/21/07 125.100.620.595.300.650.00 3,575.00 Page: 38 Packet Page 54 of 217 vchlist Voucher List Page: 39 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98288 8/9/2007 069997 SRI TECHNOLOGIES INC (Continued) 70050 E7CA.Roberts thru 07/28/07 E7CA.Roberts thru 07/28/07 125.100.620.595.300.650.00 2,080.00 Total : 5,850.00 98289 8/9/2007 009400 STELLAR INDUSTRIAL SUPPLY INC 2586242 UNIT EQ01WR UNIT EQ01WR 511.100.657.548.680.350.00 455.40 Freight 511.100.657.548.680.350.00 24.84 Sales Tax 511.100.657.548.680.350.00 41.30 Total: 521.54 98290 8/9/2007 040430 STONEWAY ELECTRIC SUPPLY 108978 UNIT EQ01WR - ELECT SUPPLIES UNIT EQ01WR - ELECT SUPPLIES 511.100.657.548.680.350.00 75.58 Sales Tax 511.100.657.548.680.350.00 6.73 114778 IT & FAC MAINT - ELECTRICAL SUI IT & FAC MAINT - ELECTRICAL SUI 001.000.651.519.920.310.00 181.73 IT & FAC MAINT - ELECTRICAL SUI 001.000.310.518.880.350.00 121.15 Sales Tax 001.000.651.519.920.310.00 16.18 Sales Tax 001.000.310.518.880.350.00 10.78 Total : 412.15 98291 8/9/2007 071827 SWANK MOTION PICTURES, INC RG 1100401 OUTDOOR MOVIE Page: 39 Packet Page 55 of 217 vchlist Voucher List Page: 40 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98291 8/9/2007 071827 SWANK MOTION PICTURES, INC (Continued) OUTDOOR MOVIE @ ANDERSON 001.000.640.574.200.450.00 350.00 Freight 001.000.640.574.200.450.00 21.00 Sales Tax 001.000.640.574.200.450.00 32.65 Total : 403.65 98292 8/9/2007 068619 SWENSON, LINDA 1158 FALL CRAZE DESIGN SEPT - DEC (FALL)- 001.000.640.574.200.490.00 1,177.00 Total : 1,177.00 98293 8/9/2007 071577 TAYLOR, KATHLEEN 1010 7/23-8/3/07 PLANNING CONSULTAf 7/23-8/3/07 PLANNING CONSULTAi' 001.000.620.558.600.410.00 1,657.50 Total : 1,657.50 98294 8/9/2007 071666 TETRA TECH CONSTRUCTION SERVIC 50092760 CITY HALL - GENERAL CIRCUIT CITY HALL - GENERAL CIRCUIT 116.000.651.519.920.410.00 2,833.40 Total : 2,833.40 98295 8/9/2007 009350 THE DAILY HERALD COMPANY 7/31/07 Gymastics Coach, #07-30 ad Gymastics Coach, #07-30 ad 001.000.220.516.100.440.00 30.64 Total : 30.64 98296 8/9/2007 009350 THE DAILY HERALD COMPANY 1520520 NEWSPAPER AD Council & Plann. Brd Agendas 001.000.250.514.300.440.00 1,784.12 Total : 1,784.12 98297 8/9/2007 009350 THE DAILY HERALD COMPANY 1521215 SUTLOVICH CU-07-49 SUTLOVICH CU-07-49 001.000.620.558.600.440.00 23.04 Page: 40 Packet Page 56 of 217 vchlist Voucher List Page: 41 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98297 8/9/2007 009350 THE DAILY HERALD COMPANY (Continued) 1521905 EMERALD PACIFIC HOMES PRD-0j EMERALD PACIFIC HOMES PRD-0j 001.000.620.558.600.440.00 23.04 1524229 MICHEL 2-07-50 LEGAL ADVERTISI MICHEL 2-07-50 LEGAL ADVERTISI 001.000.620.558.600.440.00 15.84 Total : 61.92 98298 8/9/2007 066056 THE SEATTLE TIMES 8/2/07 Gymastics Coach, #07-30 ad Gymastics Coach, #07-30 ad 001.000.220.516.100.440.00 295.14 Total : 295.14 98299 8/9/2007 068249 TRAUTMANN MAHER & ASSOCIATES 6/30/07 MEBT services for June 2007 MEBT services for June 2007 001.000.220.516.100.410.00 27.58 7/31/07 MEBT services through July 2007 MEBT services through July 2007 001.000.220.516.100.410.00 133.73 Total : 161.31 98300 8/9/2007 042800 TRI-CITIES SECURITY 13514 UNIT EQ01WR - KEYS AND TAGS UNIT EQ01WR - KEYS AND TAGS 511.100.657.548.680.310.00 11.20 Sales Tax 511.100.657.548.680.310.00 1.00 Total : 12.20 98301 8/9/2007 042750 TRIBUZIO, WALLACE 67 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 210.09 Total : 210.09 98302 8/9/2007 071590 TRT LCC 5 JULY 2007 HEARING EX. SERVICE; JULY 2007 HEARING EX. SERVICE; 001.000.620.558.600.410.00 3,622.64 Page: 41 Packet Page 57 of 217 vchlist Voucher List Page: 42 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98302 8/9/2007 071590 071590 TRT LCC (Continued) Total : 3,622.64 98303 8/9/2007 070774 ULINE INC 19553125 INV#19553125 CUST#2634605 EDM SCRUBS IN A BUCKET 001.000.410.521.910.310.00 84.00 Freight 001.000.410.521.910.310.00 10.55 Total : 94.55 98304 8/9/2007 061192 UNITED PIPE & SUPPLY 7553097 WATER INVENTORY - - WATER INVENTORY - - 411.000.000.141.140.310.00 61.02 Sales Tax 411.000.000.141.140.310.00 5.19 Total : 66.21 98305 8/9/2007 071823 VAN DEUREN, MAGGIE VANDEUREN0731 REFUND REFUND OF DAMAGE DEPOSIT PL 001.000.000.239.200.000.00 605.00 Total : 605.00 98306 8/9/2007 011900 VERIZON NORTHWEST 425-712-0647 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.640.576.800.420.00 46.46 425-771-4741 EDMONDS MEMORIAL CEMETERY EDMONDS MEMORIAL CEMETERY 130.000.640.536.200.420.00 54.70 Total : 101.16 98307 8/9/2007 011900 VERIZON NORTHWEST 425-771-0152 FS #16-FAX LINE FS #16-FAX LINE 001.000.510.522.200.420.00 53.62 Total : 53.62 98308 8/9/2007 011900 VERIZON NORTHWEST 425-673-5978 LIFT STATION #1 Lift Station #1 411.000.655.535.800.420.00 50.60 Page: 42 Packet Page 58 of 217 vchlist Voucher List Page: 43 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98308 8/9/2007 011900 VERIZON NORTHWEST (Continued) 425-771-0158 FS # 16 FS #16 001.000.651.519.920.420.00 247.04 Total : 297.64 98309 8/9/2007 067865 VERIZON WIRELESS 0574258457 CENTRALIZED IRRIGATION CENTRALIZED IRRIGATION 001.000.640.576.800.420.00 2.97 Total : 2.97 98310 8/9/2007 069816 VWR INTERNATIONAL INC 31167884 1066294 BUFFER/SCISSORS 411.000.656.538.800.310.31 44.37 Sales Tax 411.000.656.538.800.310.31 3.93 Total : 48.30 98311 8/9/2007 069816 VWR INTERNATIONAL INC 31229018 INV#31229018 CUST#1188339 EDM VWR SUPPORT SYSTEM BASE 001.000.410.521.910.310.00 174.11 Freight 001.000.410.521.910.310.00 7.23 Sales Tax 001.000.410.521.910.310.00 16.14 Total : 197.48 98312 8/9/2007 061485 WA ST DEPT OF HEALTH FX00056126 INV# FX00056126 EDMONDS PD - [ ANNUAL PENTOBARBITAL PERMIT 001.000.410.521.700.310.00 40.00 Total : 40.00 98313 8/9/2007 070264 WASHINGTON OAKES RETIREMENT 69 Assisted Living Care - Jim Martin Assisted Living Care - Jim Martin 009.000.390.517.370.290.00 3,850.00 Total : 3,850.00 Page: 43 Packet Page 59 of 217 vchlist Voucher List Page: 44 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98314 8/9/2007 061395 WASTE MANAGEMENT NW 0764942-2677-2 202-0001256-2677-0 ASH DISPOSAL 411.000.656.538.800.474.65 2,866.86 Total : 2,866.86 98315 8/9/2007 068227 WCFA 274 CONVENTION REGISTRATION CONVENTION REGISTRATION FOF 130.000.640.536.200.490.00 275.00 Total : 275.00 98316 8/9/2007 047960 WEAN, GREG 65 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 251.15 Total : 251.15 98317 8/9/2007 049500 WEST PUBLISHING 814109937 CODE UPDATE RCW Update 001.000.250.514.300.310.00 142.50 Sales Tax 001.000.250.514.300.310.00 12.68 Total : 155.18 98318 8/9/2007 063074 WESTERN POWER AND EQUIPMENT 794457 UNIT 3 - WASHERS AND NUTS UNIT 3 - WASHERS AND NUTS 511.000.657.548.680.310.00 21.74 Freight 511.000.657.548.680.310.00 7.22 Sales Tax 511.000.657.548.680.310.00 2.46 Total : 31.42 98319 8/9/2007 064234 WILDWATER RIVER TOURS INC AMUNDSON8081 RIVER RAFTING SKAGIT RIVER RAFTING #8081 001.000.640.574.200.410.00 108.72 Total : 108.72 98320 8/9/2007 064213 WSSUA TREASURER 224 UMPIRING Page: 44 Packet Page 60 of 217 vchlist Voucher List Page: 45 08/08/2007 4:01:58PM City of Edmonds Bank code : front Voucher Date Vendor 98320 8/9/2007 064213 WSSUA TREASURER 174 Vouchers for bank code : front 174 Vouchers in this report Invoice PO # Description/Account Amount (Continued) MEN'S AND CO-ED UMPIRING 001.000.640.575.520.410.00 3,024.00 Total : 3,024.00 Bank total : 549,630.36 Total vouchers : 549,630.36 Page: 45 Packet Page 61 of 217 vchlist Voucher List Page: 1 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98321 8/16/2007 065052 AARD PEST CONTROL 243765 RODENT CONTROL RODENT CONTROL 001.000.640.576.800.480.00 92.56 Total : 92.56 98322 8/16/2007 061029 ABSOLUTE GRAPHIX 0807529 DAYCAMP T-SHIRTS DAYCAM P T-SHIRTS 001.000.640.575.530.310.00 162.44 Sales Tax 001.000.640.575.530.310.00 14.46 Total : 176.90 98323 8/16/2007 066417 AIRGAS NOR PAC INC 101456939 M5Z34 CYLINDER RENTAL 411.000.656.538.800.450.21 46.97 Sales Tax 411.000.656.538.800.450.21 4.18 Total : 51.15 98324 8/16/2007 000850 ALDERWOOD WATER DISTRICT 8316 MONTHLY WHOLESALE WATER CI MONTHLY WHOLESALE WATER CI 411.000.654.534.800.340.00 161,574.95 Total : 161, 574.95 98325 8/16/2007 014940 ALL BATTERY SALES & SERVICE 110426531 FLEET INVENTORY - BATTERIES FLEET INVENTORY - BATTERIES 511.000.657.548.680.340.40 123.90 Sales Tax 511.000.657.548.680.340.40 11.03 Total : 134.93 98326 8/16/2007 061540 ALLIED WASTE SERVICES 197-0800478 INVOICE 0197-000866034 FIRE STATION #20 001.000.651.519.920.470.00 84.34 Page: 1 Packet Page 62 of 217 vchlist Voucher List Page: 2 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98326 8/16/2007 061540 ALLIED WASTE SERVICES (Continued) 197-0800897 INVOICE 0197-000866129 Public Works Facility 001.000.650.519.910.470.00 20.69 Public Works Facility 111.000.653.542.900.470.00 78.62 Public Works Facility 411.000.652.542.900.470.00 78.62 Public Works Facility 411.000.654.534.800.470.00 78.62 Public Works Facility 411.000.655.535.800.470.00 78.62 Public Works Facility 511.000.657.548.680.470.00 78.63 197-0801132 INVOICE # 0197-000866200 garbage for F/S #16 001.000.651.519.920.470.00 94.02 Sales Tax 001.000.651.519.920.470.00 7.49 197-0829729 INVOICE # 0197-000866950 garbage for MCC 001.000.651.519.920.470.00 47.50 Sales Tax 001.000.651.519.920.470.00 5.11 Total : 652.26 98327 8/16/2007 071258 ALLMAN, KEN 4-28500 RE: 4-0606-156 UTILITY REFUND 4-0606-156 UB Refund 4-28500 411.000.000.233.000.000.00 37.21 Total : 37.21 98328 8/16/2007 069751 ARAMARK 512-3935609 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SE 001.000.640.576.800.240.00 33.76 Sales Tax 001.000.640.576.800.240.00 3.01 Page: 2 Packet Page 63 of 217 vchlist Voucher List Page: 3 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor 98328 8/16/2007 069751 069751 ARAMARK 98329 8/16/2007 069751 ARAMARK 98330 8/16/2007 069751 ARAMARK Invoice PO # Description/Account Amount (Continued) Total : 36.77 512-3935611 18386001 UNIFORMS 411.000.656.538.800.240.00 92.54 Sales Tax 411.000.656.538.800.240.00 8.24 Total : 100.78 512-3929541 STORM/STREET UNIFORM SVC STORM/STREET UNIFORM SVC 411.000.652.542.900.240.00 3.24 STORM/STREET UNIFORM SVC 111.000.653.542.900.240.00 3.24 Sales Tax 411.000.652.542.900.240.00 0.29 Sales Tax 111.000.653.542.900.240.00 0.29 512-3934279 FLEET UNIFORM SVC FLEET UNIFORM SVC 511.000.657.548.680.240.00 17.40 Sales Tax 511.000.657.548.680.240.00 1.55 Page: 3 Packet Page 64 of 217 vchlist Voucher List Page: 4 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor 98330 8/16/2007 069751 ARAMARK Invoice PO # Description/Account Amount (Continued) 512-3934280 PW MATS PW MATS 001.000.650.519.910.410.00 1.38 PW MATS 411.000.652.542.900.410.00 5.24 PW MATS 111.000.653.542.900.410.00 5.24 PW MATS 411.000.654.534.800.410.00 5.24 PW MATS 411.000.655.535.800.410.00 5.24 PW MATS 511.000.657.548.680.410.00 5.26 Sales Tax 001.000.650.519.910.410.00 0.12 Sales Tax 411.000.652.542.900.410.00 0.47 Sales Tax 111.000.653.542.900.410.00 0.47 Sales Tax 411.000.654.534.800.410.00 0.47 Sales Tax 411.000.655.535.800.410.00 0.47 Sales Tax 511.000.657.548.680.410.00 0.46 512-3934281 STORM/STREET UNIFORM SVC STORM/STREET UNIFORM SVC 411.000.652.542.900.240.00 3.24 STORM/STREET UNIFORM SVC 111.000.653.542.900.240.00 3.24 Sales Tax 411.000.652.542.900.240.00 0.29 Sales Tax 111.000.653.542.900.240.00 0.29 Page: 4 Packet Page 65 of 217 vchlist Voucher List Page: 5 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98330 8/16/2007 069751 ARAMARK (Continued) 512-3935610 FAC MAINT UNIFORM SVC FAC MAINT UNIFORM SVC 001.000.651.519.920.240.00 33.69 Sales Tax 001.000.651.519.920.240.00 3.00 Total : 99.82 98331 8/16/2007 064343 AT&T 425-776-5316 PARKS FAX MODEM PARKS FAX MODEM 001.000.640.576.800.420.00 41.17 Total : 41.17 98332 8/16/2007 064341 AT&T MOBILITY X08072007 Wireless Service 6/28-7/27/07 Admin Wireless Service 6/28-7/27/07 Admin 001.000.310.514.100.420.00 123.08 Total : 123.08 98333 8/16/2007 064341 AT&T MOBILITY 871964442X08052007 871964442 PLANT CELL PONES 411.000.656.538.800.420.00 18.49 Total : 18.49 98334 8/16/2007 064341 AT&T MOBILITY 206-369-4557 CELL PHONE FLEET cell phone fleet- 511.000.657.548.680.420.00 7.14 Total : 7.14 98335 8/16/2007 001835 AWARDS SERVICE INC 67771 TENNIS AWARDS AWARDS FOR TENNIS TEAM 001.000.640.575.520.310.00 109.50 Sales Tax 001.000.640.575.520.310.00 9.75 Total : 119.25 98336 8/16/2007 028050 BILL PIERRE FORD INC 354004 FLEET INVENTORY- B KITS Page: 5 Packet Page 66 of 217 vchlist Voucher List Page: 6 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98336 8/16/2007 028050 BILL PIERRE FORD INC (Continued) FLEET INVENTORY- B KITS 511.000.657.548.680.340.40 245.50 Sales Tax 511.000.657.548.680.340.40 21.85 354495 FLEET INVENTORY - ROTOR A, B I FLEET INVENTORY - ROTOR A, B 1 511.000.657.548.680.340.40 252.98 Sales Tax 511.000.657.548.680.340.40 22.52 Total : 542.85 98337 8/16/2007 069218 BISHOP, PAUL 070815COE WEB SITE MAINTENANCE Aug 07 Web Site Maintenance 001.000.310.518.880.410.00 300.00 June 07 Web Site Maintenance 0706 001.000.310.518.880.410.00 271.00 July 07 Web Site Maintenance 07071 001.000.310.518.880.410.00 300.00 Total : 871.00 98338 8/16/2007 070803 BITCO SOFTWARE LLC 206 Prof Sery Bitco - DSD Prof Sery Bitco - DSD 001.000.620.558.800.410.00 204.25 Total : 204.25 98339 8/16/2007 068434 BRAUN NORTHWEST INC 9061 UNIT 491 - HOOK -IV UNIT 491 - HOOK -IV 511.000.657.548.680.310.00 51.68 Sales Tax 511.000.657.548.680.310.00 3.98 Total : 55.66 98340 8/16/2007 002840 BRIM TRACTOR CO INC IL09888 UNIT 91 - ROLLER Page: 6 Packet Page 67 of 217 vchlist Voucher List Page: 7 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98340 8/16/2007 002840 BRIM TRACTOR CO INC (Continued) UNIT 91 - ROLLER 511.000.657.548.680.310.00 638.83 Freight 511.000.657.548.680.310.00 22.50 Sales Tax 511.000.657.548.680.310.00 55.55 Total : 716.88 98341 8/16/2007 066578 BROWN AND CALDWELL 1459672 C-161 C-161 SCREENING SYSTEM IMPRC 414.000.656.594.320.650.00 3,807.47 Total : 3,807.47 98342 8/16/2007 003001 BUILDERS SAND & GRAVEL 279545 STREET - ROCK AND SAND STREET - ROCK AND SAND 111.000.653.542.310.310.00 2,691.48 Sales Tax 111.000.653.542.310.310.00 204.55 Total : 2,896.03 98343 8/16/2007 068975 BUSINESS RADIO LICENSING WPMN470 RADIO LICENSE RADIO LICENSE 411.000.656.538.800.490.00 110.00 Total : 110.00 98344 8/16/2007 066914 BUSINESS TELECOM PRODUCTS INC 181349 Phone in use light - DSD Phone in use light - DSD 001.000.620.558.800.310.00 13.02 Total : 13.02 98345 8/16/2007 003510 CENTRAL WELDING SUPPLY RN07071025 2954000 ARGON/N ITROG EN/OXYGEN 411.000.656.538.800.450.21 31.00 Sales Tax 411.000.656.538.800.450.21 2.76 Page: 7 Packet Page 68 of 217 vchlist Voucher List Page: 8 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98345 8/16/2007 003510 003510 CENTRAL WELDING SUPPLY (Continued) Total : 33.76 98346 8/16/2007 003510 CENTRAL WELDING SUPPLY RN07071021 SHOP -OXYGEN SHOP -OXYGEN 511.000.657.548.680.450.00 7.75 Sales Tax 511.000.657.548.680.450.00 0.69 Total : 8.44 98347 8/16/2007 066382 CINTAS CORPORATION 460691286 UNIFORMS Volunteers 001.000.510.522.410.240.00 46.36 Sales Tax 001.000.510.522.410.240.00 4.12 460691287 OPS UNIFORMS Stn. 16 001.000.510.522.200.240.00 89.44 Sales Tax 001.000.510.522.200.240.00 7.95 460692310 UNIFORMS Stn 17 - ALS 001.000.510.526.100.240.00 92.40 Stn 17 - OPS 001.000.510.522.200.240.00 92.40 Sales Tax 001.000.510.526.100.240.00 8.22 Sales Tax 001.000.510.522.200.240.00 8.22 460692329 OPS UNIFORMS Stn. 20 001.000.510.522.200.240.00 132.66 Sales Tax 001.000.510.522.200.240.00 11.80 Total : 493.57 98348 8/16/2007 063902 CITY OF EVERETT 107002021 WATER DEPT - LBA SAMPLE ANAL Page: 8 Packet Page 69 of 217 vchlist Voucher List Page: 9 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98348 8/16/2007 063902 CITY OF EVERETT (Continued) WATER DEPT - LBA SAMPLE ANAL 411.000.654.534.800.410.00 1,474.20 Total : 1,474.20 98349 8/16/2007 019215 CITY OF LYNNWOOD 5478 FALL CRAZE MAILING EDMONDS' PORTION OF POSTAGI 001.000.640.574.200.420.00 4,678.08 Total : 4,678.08 98350 8/16/2007 019215 CITY OF LYNNWOOD 5481 TRAINING MISC Rescue drill supplies; split w/So.Co. 001.000.510.522.400.310.00 57.79 Total : 57.79 98351 8/16/2007 070231 CNR INC 11236 AUG 07 MAINT PHONE SYSTEM Aug 07 Phone Maintenance 001.000.390.528.800.480.00 736.67 Sales Tax 001.000.390.528.800.480.00 65.56 51310 Labor changes to Parks & PD phone Labor changes to Parks & PD phone 001.000.640.574.100.480.00 100.00 Labor changes to Parks & PD phone 001.000.410.521.110.480.00 100.00 Sales Tax 001.000.640.574.100.480.00 8.90 Sales Tax 001.000.410.521.110.480.00 8.90 51346 Labor; phone corrections FD Labor; phone corrections FD 001.000.390.528.800.480.00 150.00 Sales Tax 001.000.390.528.800.480.00 13.35 Total : 1,183.38 Page: 9 Packet Page 70 of 217 vchlist Voucher List Page: 10 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98352 8/16/2007 004095 COASTWIDE LABORATORIES W1805318-1 FAC MAINT - APRON FOODSRV DI; FAC MAINT - APRON FOODSRV DI; 001.000.651.519.920.310.00 12.84 Freight 001.000.651.519.920.310.00 2.50 Sales Tax 001.000.651.519.920.310.00 1.37 W 1816806-1 FAC MAINT- TOILET CL - C&P LABE FAC MAINT- TOILET CL - C&P LABE 001.000.651.519.920.310.00 0.50 Freight 001.000.651.519.920.310.00 2.50 Sales Tax 001.000.651.519.920.310.00 0.27 Total : 19.98 98353 8/16/2007 068473 COMMERCIAL SOUND & COMM. 028959 Troubleshoot & Repair Council Video Troubleshoot & Repair Council Video 001.000.110.511.100.410.00 897.62 Total : 897.62 98354 8/16/2007 063507 COXLEY, BRUCE 060607 PHOTOGRAPHY FOR TOURISM BF Photography fees for tourism brochui 120.000.310.575.420.410.00 50.00 Total : 50.00 98355 8/16/2007 068190 DATEC INC 20174 UNIT 491 - RAIDO UNIT 491 - RAIDO 511.000.657.548.680.310.00 509.00 Sales Tax 511.000.657.548.680.310.00 45.31 Total : 554.31 98356 8/16/2007 006626 DEPT OF ECOLOGY 2008-BA0024058 BA0024058 BIOSOLIDS PERMIT 411.000.656.538.800.510.00 600.00 Page: 10 Packet Page 71 of 217 vchlist Voucher List Page: 11 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98356 8/16/2007 006626 006626 DEPT OF ECOLOGY (Continued) Total : 600.00 98357 8/16/2007 071836 DMI DRILLING CONSTRUCTION Bus Lic Ref REFUND OVERPMT OF BUS LIC Refund overpmt of Business Lic 001.000.000.257.310.000.00 40.00 Total : 40.00 98358 8/16/2007 070244 DUANE HARTMAN & ASSOCIATES INC 07-1187.2 E7FA.Services thru 07/29/07 E7FA.Services thru 07/29/07 412.200.630.594.320.650.00 484.80 Total : 484.80 98359 8/16/2007 071842 EATON ELECTRICAL INC 24362027 208525 C-275 SWITCHGEAR IMPROVEMEI 414.000.656.594.320.650.00 61,864.00 Sales Tax 414.000.656.594.320.650.00 5,505.89 Total : 67,369.89 98360 8/16/2007 007675 EDMONDS AUTO PARTS 84491 SUPPLIES UNDERCOAT, ETC. 001.000.640.576.800.310.00 32.95 Sales Tax 001.000.640.576.800.310.00 2.93 Total : 35.88 98361 8/16/2007 007675 EDMONDS AUTO PARTS 83794 UNIT 91 - BEARING UNIT 91 - BEARING 511.000.657.548.680.310.00 116.00 Freight 511.000.657.548.680.310.00 10.12 Sales Tax 511.000.657.548.680.310.00 11.22 Page: 11 Packet Page 72 of 217 vchlist Voucher List Page: 12 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98361 8/16/2007 007675 EDMONDS AUTO PARTS (Continued) 84125 FAC MAINT SHOP STOCK - LPS-1 FAC MAINT SHOP STOCK - LPS-1 001.000.651.519.920.310.00 23.98 Sales Tax 001.000.651.519.920.310.00 2.13 Total : 163.45 98362 8/16/2007 071719 EDNETICS INC 43127 CISCO FAN TRAY FOR FIBER NET) Cisco fan tray for Fiber Networking 001.000.310.594.180.640.00 290.00 Sales Tax 001.000.310.594.180.640.00 25.81 Total : 315.81 98363 8/16/2007 008812 ELECTRONIC BUSINESS MACHINES 24391A 1 Toner for FAX - DSD Toner for FAX - DSD 001.000.620.558.800.310.00 443.22 Total : 443.22 98364 8/16/2007 071636 EMERSON, MARY EMERSON0420 REPLACES VOID CK 96206 REFUND FOR CLASS 001.000.000.239.200.000.00 75.00 Total : 75.00 98365 8/16/2007 067945 EMPLOYMENT SECURITY DEPT 16374-RDU-07-7J INV#16374-RDI-07-7J - EDMONDS f DISCLOSURE REQUEST- 001.000.410.521.100.310.00 39.50 Total : 39.50 98366 8/16/2007 071634 ESCHELON TELCOM INC 010494746 C/A 010494746 PR1-1 City Phone Service 8/11-9/10/ 001.000.390.528.800.420.00 741.42 Total : 741.42 98367 8/16/2007 065958 EZ-LINER 45152 UNIT 46 - BUSHINGS, HOSE Page: 12 Packet Page 73 of 217 vchlist Voucher List Page: 13 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98367 8/16/2007 065958 EZ-LINER (Continued) UNIT 46 - BUSHINGS, HOSE 511.000.657.548.680.310.00 163.86 Freight 511.000.657.548.680.310.00 48.74 Total : 212.60 98368 8/16/2007 066909 FORESTRY SUPPLIERS INC 481216-00 SUPPLIES MULTI -TOOLS 001.000.640.576.800.310.00 155.70 Freight 001.000.640.576.800.310.00 9.99 Total : 165.69 98369 8/16/2007 070013 GLASS DOCTOR 51990 UNIT 129 - TINTED BACK WINDOW UNIT 129 - TINTED BACK WINDOW 511.000.657.548.680.310.00 225.00 Sales Tax 511.000.657.548.680.310.00 20.03 Total : 245.03 98370 8/16/2007 063137 GOODYEAR AUTO SERVICE CENTER 080057 UNIT 252 - 2 TIRES UNIT 252 - 2 TIRES 511.000.657.548.680.310.00 127.22 Sales Tax 511.000.657.548.680.310.00 11.32 Total : 138.54 98371 8/16/2007 071840 GORDON STEPHENSON & JAY YOUNG 5-08775 RE: 8109 240TH ST SW EDMONDS UB Refund 8109 240th St SW Edmoi 411.000.000.233.000.000.00 259.93 Total : 259.93 98372 8/16/2007 012199 GRAINGER 9418544004 SUPPLIES Page: 13 Packet Page 74 of 217 vchlist Voucher List Page: 14 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98372 8/16/2007 012199 GRAINGER (Continued) EAR MUFFS, MULTI -PLIERS 001.000.640.576.800.310.00 214.62 Sales Tax 001.000.640.576.800.310.00 19.10 Total : 233.72 98373 8/16/2007 071835 GROUND CONTACT INC Bus Lic Ref REFUND OVERPMT OF BUS LIC Refund overpmt of Business Lic 001.000.000.257.310.000.00 40.00 Total : 40.00 98374 8/16/2007 012560 HACH COMPANY 5239944 WATER QUALITY - SUPPLIES WATER QUALITY - SUPPLIES 411.000.654.534.800.310.00 452.10 Freight 411.000.654.534.800.310.00 25.00 Sales Tax 411.000.654.534.800.310.00 41.98 Total : 519.08 98375 8/16/2007 060985 HARRINGTON INDUSTRIAL PLASTICS 00789236 036570 WELDING ROD 411.000.656.538.800.310.21 12.20 Freight 411.000.656.538.800.310.21 45.15 Sales Tax 411.000.656.538.800.310.21 5.09 Total : 62.44 98376 8/16/2007 071777 HARRIS, SHELLY HARRIS0705 REFUND REFUND 001.000.000.239.200.000.00 101.00 Total : 101.00 98377 8/16/2007 067862 HOME DEPOT CREDIT SERVICES 5086904 6035322500959949 Page: 14 Packet Page 75 of 217 vchlist Voucher List Page: 15 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98377 8/16/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) PAINT SUPPLIES 411.000.656.538.800.310.21 123.28 Sales Tax 411.000.656.538.800.310.21 10.97 6573734 6035322500959949 LIGHTS/BRUSHES/SINK PARTS 411.000.656.538.800.310.21 90.52 Sales Tax 411.000.656.538.800.310.21 8.06 8040871 6035322500959949 SPRINKLER HEAD/LUMBER 411.000.656.538.800.310.21 53.10 Sales Tax 411.000.656.538.800.310.21 4.73 Total : 290.66 98378 8/16/2007 067862 HOME DEPOT CREDIT SERVICES 1041858 FS 17 - SUPPLIES FS 17 - SUPPLIES 001.000.651.519.920.310.00 36.56 Sales Tax 001.000.651.519.920.310.00 3.25 2032719 FS 17 - WEATHER STRIP, CAULK, ; FS 17 - WEATHER STRIP, CAULK, ; 116.000.651.519.920.310.00 41.74 Sales Tax 116.000.651.519.920.310.00 3.71 2065239 WATER - EZ LITES WATER - EZ LITES 411.000.654.534.800.310.00 3.38 Sales Tax 411.000.654.534.800.310.00 0.30 Page: 15 Packet Page 76 of 217 vchlist Voucher List Page: 16 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98378 8/16/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 2067101 WATER -BARK WATER -BARK 411.000.654.534.800.310.00 13.96 Sales Tax 411.000.654.534.800.310.00 1.24 3030982 FAC - BRASS POPUP FAC - BRASS POPUP 001.000.651.519.920.310.00 14.54 Sales Tax 001.000.651.519.920.310.00 1.29 3031016 FAC - ANT BAIT FAC - ANT BAIT 001.000.651.519.920.310.00 8.97 Sales Tax 001.000.651.519.920.310.00 0.80 3032602 FS 17 - WEATHER STIP, SUPPLIES FS 17 - WEATHER STIP, SUPPLIES 116.000.651.519.920.310.00 47.43 Sales Tax 116.000.651.519.920.310.00 4.22 3574178 FAC - CRATES, THREADLOCKER, FAC - CRATES, THREADLOCKER, 001.000.651.519.920.310.00 41.91 Sales Tax 001.000.651.519.920.310.00 3.73 3592682 PLAZA RM - TRASH CAN PLAZA RM - TRASH CAN 001.000.651.519.920.310.00 4.83 Sales Tax 001.000.651.519.920.310.00 0.43 5032322 FS 17 - WALL REPAIR SUPPLIES FS 17 - WALL REPAIR SUPPLIES 001.000.651.519.920.310.00 33.52 Sales Tax 001.000.651.519.920.310.00 2.98 Page: 16 Packet Page 77 of 217 vchlist Voucher List Page: 17 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98378 8/16/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 5036153 STREET - WOOD SUPPLIES FOR S STREET - WOOD SUPPLIES FOR E 111.000.653.542.640.310.00 401.00 Sales Tax 111.000.653.542.640.310.00 35.69 5088043 CITY PARK BLDG - BARREL BOLT CITY PARK BLDG - BARREL BOLT 001.000.651.519.920.310.00 16.12 Sales Tax 001.000.651.519.920.310.00 1.43 5567559 FAC MAINT - GLOVES FAC MAINT - GLOVES 001.000.651.519.920.310.00 9.74 Sales Tax 001.000.651.519.920.310.00 0.87 5580673 FS 17 - SAND, Q CRACK FILL FS 17 - SAND, Q CRACK FILL 001.000.651.519.920.310.00 24.73 Sales Tax 001.000.651.519.920.310.00 2.20 580061 WATER - D BATTERIES WATER - D BATTERIES 411.000.654.534.800.310.00 27.81 Sales Tax 411.000.654.534.800.310.00 2.48 6038963 UNIT 97 SEXTON TRUCK - SUPPLII UNIT 97 SEXTON TRUCK - SUPPLII 511.000.657.548.680.310.00 133.23 Sales Tax 511.000.657.548.680.310.00 11.86 6079997 FAC MAINT TRUCK SUPPLIES - SC FAC MAINT TRUCK SUPPLIES - SC 001.000.651.519.920.310.00 4.88 Sales Tax 001.000.651.519.920.310.00 0.43 Page: 17 Packet Page 78 of 217 vchlist Voucher List Page: 18 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98378 8/16/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 6591196 FAC MAINT - FACESHIELDS FAC MAINT - FACESHIELDS 001.000.651.519.920.310.00 94.29 Sales Tax 001.000.651.519.920.310.00 8.39 7033449 FAC MAINT UNIT 5 - SUPPLIES FAC MAINT UNIT 5 - SUPPLIES 001.000.651.519.920.310.00 55.75 Sales Tax 001.000.651.519.920.310.00 4.96 7048528 FAC - SUPPLIES FAC - SUPPLIES 001.000.651.519.920.310.00 5.14 Sales Tax 001.000.651.519.920.310.00 0.46 8066724 LIBRARY - SINK REPAIR SUPPLIES LIBRARY - SINK REPAIR SUPPLIES 001.000.651.519.920.310.00 20.46 Sales Tax 001.000.651.519.920.310.00 1.82 8091064 PW - PIPE REPAIR SUPPLIES PW - PIPE REPAIR SUPPLIES 001.000.651.519.920.310.00 7.10 Sales Tax 001.000.651.519.920.310.00 0.63 88618 FAC MAINT - HOSE SUPPLIES FAC MAINT - HOSE SUPPLIES 001.000.651.519.920.310.00 10.94 Sales Tax 001.000.651.519.920.310.00 0.97 9042145 FAC MAINT SHOP - LADDER, SUPF FAC MAINT SHOP - LADDER, SUPF 001.000.651.519.920.310.00 176.88 Sales Tax 001.000.651.519.920.310.00 15.74 Page: 18 Packet Page 79 of 217 vchlist Voucher List Page: 19 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98378 8/16/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 9049468 BEACH RANGERS - WALLCAP BEACH RANGERS - WALLCAP 001.000.651.519.920.310.00 16.83 CITY HALL - SUPPLIES 001.000.651.519.920.310.00 11.94 FAC MAINT - BROOM 001.000.651.519.920.310.00 15.97 Sales Tax 001.000.651.519.920.310.00 3.98 9071881 PS - CAMLOCK PS - CAMLOCK 001.000.651.519.920.310.00 4.97 Sales Tax 001.000.651.519.920.310.00 0.44 9099583 FAC - THINNER, DUCT TAPE, TUBE FAC - THINNER, DUCT TAPE, TUBE 001.000.651.519.920.310.00 13.45 Sales Tax 001.000.651.519.920.310.00 1.20 Total : 1,413.57 98379 8/16/2007 060165 HWA GEOSCIENCES INC 17942 ESJA.Testing thru 07/28/07 ESJA.Testing thru 07/28/07 412.100.630.594.320.650.00 1,800.67 17944 E7CA.Testing thr 07/28/07 E7CA.Testing thr 07/28/07 125.100.620.595.300.650.00 630.97 17945 E1 DB.Testing thru 07/28/07 E1 DB.Testing thru 07/28/07 125.000.640.594.750.650.00 973.64 Total : 3,405.28 98380 8/16/2007 070042 IKON FINANCIAL SERVICES 73894269 FINANCE COPIER RENTAL Page: 19 Packet Page 80 of 217 vchlist Voucher List Page: 20 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98380 8/16/2007 070042 IKON FINANCIAL SERVICES (Continued) Finance Copier Rental 7/22-8/21/07 001.000.310.514.230.450.00 454.07 Additional copies 6/3-7/3/07 001.000.310.514.230.450.00 355.11 Sales Tax 001.000.310.514.230.450.00 72.03 Total : 881.21 98381 8/16/2007 070042 IKON FINANCIAL SERVICES 73961542 CANON IMAGE RUNNER 9070 LEA; 250-00161 Canon Image Runner 9070 Lease- 001.000.250.514.300.450.00 950.81 Total : 950.81 98382 8/16/2007 069040 INTERSTATE AUTO PART WAREHOUSE 445865 UNIT 130 - FUEL FILTER WRENCH UNIT 130 - FUEL FILTER WRENCH 511.000.657.548.680.310.00 11.69 Sales Tax 511.000.657.548.680.310.00 1.04 446061 UNIT 680 - WIPER BLADES UNIT 680 - WIPER BLADES 511.000.657.548.680.310.00 68.00 Sales Tax 511.000.657.548.680.310.00 6.05 446838 UNIT 64 - SUPPLIES UNIT 64 - SUPPLIES 511.100.657.548.680.350.00 477.32 Sales Tax 511.100.657.548.680.350.00 42.48 Total : 606.58 98383 8/16/2007 067552 KING CO FINANCE & BUSINESS 47344 114939 DISPOSAL/RENTON TREATMENT F 414.000.656.594.320.650.00 4,138.82 Total : 4,138.82 Page: 20 Packet Page 81 of 217 vchlist Voucher List Page: 21 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98384 8/16/2007 018760 LUNDS OFFICE ESSENTIALS 095158 LETTERHEAD PARKS AND RECREATION LETTER 001.000.640.574.100.310.00 162.00 Sales Tax 001.000.640.574.100.310.00 14.42 Total : 176.42 98385 8/16/2007 018760 LUNDS OFFICE ESSENTIALS 095245 PW LETTERHEAD FOR WATER QL PW LETTERHEAD FOR WATER QL 411.000.654.534.800.310.00 159.00 Sales Tax 411.000.654.534.800.310.00 14.15 Total : 173.15 98386 8/16/2007 018980 LYNNWOOD HONDA 576996 SUPPLIES OIL SEALS 001.000.640.576.800.310.00 14.14 Sales Tax 001.000.640.576.800.310.00 1.26 Total : 15.40 98387 8/16/2007 066191 MACLEOD RECKORD 4597 ESMC.Services thru 07/31/07 ESMC.Services thru 07/31/07 125.000.640.594.750.650.00 4,465.05 Total : 4,465.05 98388 8/16/2007 071140 MAD SCIENCE MADSCIENCE8096 MAD SCIENCE CAMP MAD SCIENCE CAMP #8096 001.000.640.574.200.410.00 1,740.00 Total : 1,740.00 98389 8/16/2007 020039 MCMASTER-CARR SUPPLY CO 69725918 123106800 CAP SCREW/LOCKNUT 411.000.656.538.800.310.21 55.49 Freight 411.000.656.538.800.310.21 5.08 Page: 21 Packet Page 82 of 217 vchlist Voucher List Page: 22 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98389 8/16/2007 020039 020039 MCMASTER-CARR SUPPLY CO (Continued) Total : 60.57 98390 8/16/2007 070660 MICHELS CORPORATION 07-2078 12450 C-257 CONCRETE REPAIR 414.000.656.594.320.650.00 2,120.00 Sales Tax 414.000.656.594.320.650.00 188.68 Total : 2,308.68 98391 8/16/2007 063773 MICROFLEX 00017223 JULY 07 TAX AUDIT PROGRAM TAX AUDIT PROGRAM 001.000.310.514.230.410.00 45.00 Total : 45.00 98392 8/16/2007 020900 MILLERS EQUIP & RENT ALL INC 51321 STREET- CHAIN SAW IGNITION M( STREET- CHAIN SAW IGNITION M( 111.000.653.542.710.310.00 95.10 Sales Tax 111.000.653.542.710.310.00 8.46 Total : 103.56 98393 8/16/2007 066391 NORTHSTAR CHEMICAL INC 0081432 SODIUM BISULFITE SODIUM BISULFITE 411.000.656.538.800.310.54 816.00 Sales Tax 411.000.656.538.800.310.54 72.62 Total : 888.62 98394 8/16/2007 061013 NORTHWEST CASCADE INC 0538381 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:- 001.000.640.576.800.450.00 360.58 0539027 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:- 001.000.640.576.800.450.00 180.29 0544710 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:- 001.000.640.576.800.450.00 398.38 Page: 22 Packet Page 83 of 217 vchlist Voucher List Page: 23 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98394 8/16/2007 061013 061013 NORTHWEST CASCADE INC (Continued) Total : 939.25 98395 8/16/2007 063511 OFFICE MAX CONTRACT INC 840494 OFFICE SUPPLIES REPORT COVERS, NAME TAGS, E' 117.100.640.573.100.310.00 98.51 Sales Tax 117.100.640.573.100.310.00 8.76 937491 OFFICE SUPPLIES TONER, PAPER CLIPS, PENS, ETC 001.000.640.576.800.310.00 83.58 Sales Tax 001.000.640.576.800.310.00 7.43 983144 OFFICE SUPPLIES TONER 001.000.640.576.800.310.00 132.11 Sales Tax 001.000.640.576.800.310.00 11.76 Total : 342.15 98396 8/16/2007 063511 OFFICE MAX CONTRACT INC 199853 PW COPY PAPER PW COPY PAPER 001.000.650.519.910.310.00 203.46 Sales Tax 001.000.650.519.910.310.00 18.10 250081 PW ADMIN SUPPLIES - FOLDERS, PW ADMIN SUPPLIES - FOLDERS, 001.000.650.519.910.310.00 66.41 SEWER TELEMETRY - RIBBON FOI 411.000.655.535.800.310.00 11.52 Sales Tax 001.000.650.519.910.310.00 5.91 Sales Tax 411.000.655.535.800.310.00 1.03 Total : 306.43 98397 8/16/2007 025889 OGDEN MURPHY AND WALLACE 660300 ATTORNEY FEES FOR JULY 07 Page: 23 Packet Page 84 of 217 vchlist Voucher List Page: 24 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98397 8/16/2007 025889 OGDEN MURPHY AND WALLACE (Continued) July 07 for Attorney Fees 001.000.360.515.100.410.00 16,325.05 660303 JULY 07 RETAINER FEES July 07 Retainer fees 001.000.360.515.100.410.00 15,899.75 Total : 32,224.80 98398 8/16/2007 063750 ORCA PACIFIC 029970 YOST POOL SUPPLIES YOST POOL SUPPLIES 001.000.640.576.800.310.00 277.48 Sales Tax 001.000.640.576.800.310.00 24.70 Total : 302.18 98399 8/16/2007 002203 OWEN EQUIPMENT COMPANY 00045788 UNIT 55 - ROCKER SWITCH UNIT 55 - ROCKER SWITCH 511.000.657.548.680.310.00 23.76 Freight 511.000.657.548.680.310.00 11.05 Sales Tax 511.000.657.548.680.310.00 3.10 00046581 UNTI 31 - HOSE END WELD UNTI 31 - HOSE END WELD 511.000.657.548.680.310.00 82.80 Freight 511.000.657.548.680.310.00 23.21 Sales Tax 511.000.657.548.680.310.00 9.43 Total : 153.35 98400 8/16/2007 066339 PACIFIC OFFICE AUTOMATION 315923 PW COLOR METER Copier Maint. for PW- 001.000.650.519.910.480.00 14.77 Sales Tax 001.000.650.519.910.480.00 1.31 Page: 24 Packet Page 85 of 217 vchlist Voucher List Page: 25 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98400 8/16/2007 066339 066339 PACIFIC OFFICE AUTOMATION (Continued) Total : 16.08 98401 8/16/2007 071841 PARK, JINU PARK0810 REFUND REFUND/EDMONDS IDOL 001.000.000.239.200.000.00 10.00 Total : 10.00 98402 8/16/2007 066412 PARKS & RECREATION DAYCAMP CAMPCASH0815 PETTY CASH REIMBURSEMENT REIMBURSEMENT TO DAYCAMP P 001.000.640.575.530.310.00 362.17 Total : 362.17 98403 8/16/2007 062770 PENTEC ENVIRONMENTAL INC 708134 PROFESSIONAL SERVICES PROFESSIONAL SERVICES- 125.000.640.594.750.650.00 980.00 Total : 980.00 98404 8/16/2007 069690 PERFORMANCE RADIATOR 424412 UNIT 96 - RADIATOR UNIT 96 - RADIATOR 511.000.657.548.680.310.00 220.00 Sales Tax 511.000.657.548.680.310.00 19.58 Total : 239.58 98405 8/16/2007 063890 PERFORMANCE SIGN PRODUCTS INC 43557 STREET - 30" BLACK REMOVABLE STREET - 30" BLACK REMOVABLE 111.000.653.542.640.310.00 169.50 Freight 111.000.653.542.640.310.00 5.00 Sales Tax 111.000.653.542.640.310.00 15.01 Total : 189.51 98406 8/16/2007 029117 PORT OF EDMONDS 11060 Wtrfrnt Devlp Pmt #3 Waterfront Redevlp 5/31-8/1/ Pmt #3 Waterfront Redevlp 5/31-8/1/ 001.000.240.513.110.410.00 6,087.95 Page: 25 Packet Page 86 of 217 vchlist Voucher List Page: 26 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98406 8/16/2007 029117 029117 PORT OF EDMONDS (Continued) Total : 6,087.95 98407 8/16/2007 029117 PORT OF EDMONDS 0003870 CITY OF EDMONDS STORMWATEF Pier Electricity for JULY 07 001.000.640.576.800.470.00 11.08 Stromwater Rent & Leasehold tax- 411.000.652.542.900.450.00 472.83 04371 UNIT F1 B1 FUEL Fire Boat - Fuel 511.000.657.548.680.320.00 581.31 SERVICE FEE 511.000.657.548.680.320.00 10.00 Total : 1,075.22 98408 8/16/2007 070257 POSTINI INC 339589 INTERNET ANTI -VIRUS & SPAM MI Aug 07 Internet Anti -Virus & Spam M 001.000.310.518.880.480.00 481.54 Total : 481.54 98409 8/16/2007 064088 PROTECTION ONE 31146525 24 HOUR ALARM MONITORING -Cl 24 hour alarm monitoring-CH- 001.000.651.519.920.420.00 35.00 Total : 35.00 98410 8/16/2007 030780 QUIRING MONUMENTS INC 79655 INSCRIPTION INSCRIPTION: BECKER 130.000.640.536.200.340.00 84.00 79870 INSCRIPTION INSCRIPTION: BRENA 130.000.640.536.200.340.00 75.00 79871 INSCRIPTION INSCRIPTION: HENRY 130.000.640.536.200.340.00 78.00 79872 INSCRIPTION INSCRIPTION: SOLA 130.000.640.536.200.340.00 80.00 Page: 26 Packet Page 87 of 217 vchlist Voucher List Page: 27 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98410 8/16/2007 030780 030780 QUIRING MONUMENTS INC (Continued) Total : 317.00 98411 8/16/2007 064291 QWEST 206-Z02-0478 FLOW METERING STATIONS FLOW METERING STATIONS 411.000.656.538.800.420.00 137.82 Total : 137.82 98412 8/16/2007 063452 RADIO SHACK CORPORATION 344280 FS 16 - BATTERIES FOR GARAGE FS 16 - BATTERIES FOR GARAGE 1 001.000.651.519.920.310.00 44.90 Sales Tax 001.000.651.519.920.310.00 4.00 Total : 48.90 98413 8/16/2007 062657 REGIONAL DISPOSAL 3004063-G STORM - SWEEP DUMP FEES STORM - SWEEP DUMP FEES 411.000.652.542.320.490.00 1,784.81 Sales Tax 411.000.652.542.320.490.00 64.25 Total : 1,849.06 98414 8/16/2007 031500 REID MIDDLETON & ASSOC INC 0608009 E1 CC.services thru 05/20/06 E1CC.services thru 05/20/06 112.200.630.595.330.650.00 16,688.52 0707001 E1CC.Services thru 06/22/07 E1CC.Services thru 06/22/07 112.200.630.595.330.650.00 448.71 0708014 Burnstead Traffic Engrng review Burnstead Traffic Engrng review 001.000.620.532.200.410.00 2,809.50 Total : 19,946.73 98415 8/16/2007 068483 RH2 ENGINEERING INC 45488 E3JC.Services thru 07/29/07 E3JC.Services thru 07/29/07 412.100.630.594.320.650.00 5,119.10 Total : 5,119.10 Page: 27 Packet Page 88 of 217 vchlist Voucher List Page: 28 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98416 8/16/2007 065784 RUDD COMPANY INC INV-049090 STREET - BIG TRUCK PAINT MACE STREET - BIG TRUCK PAINT MACE 111.000.653.542.640.310.00 755.65 Sales Tax 111.000.653.542.640.310.00 67.26 INV-049092 STREET - TIPS FOR SMALL PAINT STREET - TIPS FOR SMALL PAINT 111.000.653.542.640.310.00 84.30 Sales Tax 111.000.653.542.640.310.00 7.50 INV-049098 STREET - SPRAY PAINT GUN KIT A STREET - SPRAY PAINT GUN KIT A 111.000.653.542.640.310.00 82.95 Freight 111.000.653.542.640.310.00 34.16 Sales Tax 111.000.653.542.640.310.00 10.42 Total : 1,042.24 98417 8/16/2007 071837 RW RHINE INC ESMC.Demo 1 INV #13858/ESMC.DEMO. PMT 1 TH ESMC.Demo. Payment 1 thru 08/10/0 125.000.640.594.750.650.00 118,783.49 ESMC.Demo Retainage 1 125.000.000.223.400.000.00 -5,453.79 Total : 113,329.70 98418 8/16/2007 066964 SEATTLE AUTOMOTIVE DIST INC 03-882339 UNIT 998 - OIL SEALS, PAD KIT UNIT 998 - OIL SEALS, PAD KIT 511.000.657.548.680.310.00 36.50 Sales Tax 511.000.657.548.680.310.00 3.25 03-882437 UNIT 998 - FRONT ROTOR UNIT 998 - FRONT ROTOR 511.000.657.548.680.310.00 123.60 Sales Tax 511.000.657.548.680.310.00 11.00 Page: 28 Packet Page 89 of 217 vchlist Voucher List Page: 29 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98418 8/16/2007 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 03-882750 SHOP INVENTORY - SCREEN ASS[ SHOP INVENTORY - SCREEN ASS[ 511.000.657.548.680.340.40 119.28 Sales Tax 511.000.657.548.680.340.40 10.62 Total : 304.25 98419 8/16/2007 069219 SIEMENS WATER TECHNOLOGIES COF 2192054 043133501 RENTAL DI TANKS 411.000.656.538.800.450.21 539.50 Sales Tax 411.000.656.538.800.450.21 48.01 Total : 587.51 98420 8/16/2007 036950 SIX ROBBLEES INC 14-172510 UNIT 476- STAINLESS STR HOSE, UNIT 476- STAINLESS STR HOSE, 511.000.657.548.680.310.00 231.28 Freight 511.000.657.548.680.310.00 12.79 Sales Tax 511.000.657.548.680.310.00 20.99 Total : 265.06 98421 8/16/2007 036955 SKY NURSERY 263037 BEAUTIFICATION SUPPLIES PERENNIALS, ANNUALS, ETC. 125.000.640.594.750.650.00 198.37 Sales Tax 125.000.640.594.750.650.00 17.65 263101 BEAUTIFICATION SUPPLIES PLANTS, ETC. 125.000.640.594.750.650.00 247.34 Sales Tax 125.000.640.594.750.650.00 22.01 Total : 485.37 Page: 29 Packet Page 90 of 217 vchlist Voucher List Page: 30 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98422 8/16/2007 071838 SMITH, RICHARD T R.T.SMITH CLAIM FOR EXPENSES - RT SMITE CAB FARE/OFFICER R.T.SMITH- 001.000.410.521.400.430.00 90.00 Total : 90.00 98423 8/16/2007 037375 SNO CO PUD NO 1 5320018384 SIERRA PARK BALLFIELD SIERRA PARK BALLFIELD 001.000.640.576.800.470.00 29.74 Total : 29.74 98424 8/16/2007 037375 SNO CO PUD NO 1 692025433 206-001-485-5 24400 HIGHWAY 99/RICHMOND PP 411.000.656.538.800.471.62 26.68 Sales Tax 411.000.656.538.800.471.62 1.60 754018915 620-001-500-3 VARIOUS LOCATIONS 411.000.656.538.800.471.62 6.70 Sales Tax 411.000.656.538.800.471.62 0.40 852005818 463-001-671-7 8421 244TH ST SW/RICHMOND PA 411.000.656.538.800.471.62 26.68 Sales Tax 411.000.656.538.800.471.62 1.60 Total : 63.66 98425 8/16/2007 037375 SNO CO PUD NO 1 2470018124 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 37.73 2880012519 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 34.52 3970013599 BLINKING LIGHT BLINKING LIGHT 111.000.653.542.640.470.00 29.74 Page: 30 Packet Page 91 of 217 vchlist Voucher List Page: 31 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98425 8/16/2007 037375 SNO CO PUD NO 1 (Continued) 4010023721 LIFT STATION #13 LIFT STATION #13 411.000.655.535.800.470.00 140.31 4640017416 TELEMETRY SYSTEM TELEMETRY SYSTEM 411.000.654.534.800.470.00 26.68 5380011832 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 29.74 5450016042 TRAFFIC LIGHT TRAFFIC LIGHT 111.000.653.542.640.470.00 136.68 5470012336 SCHOOL FLASHING LIGHTS SCHOOL FLASHING LIGHTS 111.000.653.542.640.470.00 29.74 Total : 465.14 98426 8/16/2007 037800 SNOHOMISH HEALTH DISTRICT C000106 ACCT ID #C000106 - EDMONDS HEP B 001.000.410.521.100.410.00 67.00 Total : 67.00 98427 8/16/2007 037800 SNOHOMISH HEALTH DISTRICT C000106 FAC MAINT - HEP A/B / REF- AR13f FAC MAINT - HEP A/B 001.000.651.519.920.410.00 83.00 Total : 83.00 98428 8/16/2007 038500 SO COUNTY SENIOR CENTER INC Aug-07 08/07 RECREATION SERVIES CON 08/07 Recreation Servies Contract FE 001.000.390.519.900.410.00 4,791.67 Total : 4,791.67 98429 8/16/2007 038300 SOUND DISPOSAL CO 03584 RECYCLING Page: 31 Packet Page 92 of 217 vchlist Voucher List Page: 32 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98429 8/16/2007 038300 SOUND DISPOSAL CO (Continued) RECYCLING 411.000.656.538.800.475.66 23.38 Sales Tax 411.000.656.538.800.475.66 1.40 Total : 24.78 98430 8/16/2007 069997 SRI TECHNOLOGIES INC 77231 E7CA.Roberts thru 08/04/07 E7CA.Roberts thru 08/04/07 125.100.620.595.300.650.00 2,990.00 Total : 2,990.00 98431 8/16/2007 039775 STATE AUDITOR'S OFFICE L66245 Audit Fees July 07 Audit Fees July 07 001.000.390.519.900.510.00 896.04 Audit Fees July 07 411.000.652.542.900.510.00 37.34 Audit Fees July 07 411.000.654.534.800.510.00 149.34 Audit Fees July 07 411.000.655.535.800.510.00 149.34 Audit Fees July 07 411.000.656.538.800.510.00 149.34 Audit Fees July 07 111.000.653.543.300.510.00 37.34 Audit Fees July 07 511.000.657.548.680.510.00 74.66 Total : 1,493.40 98432 8/16/2007 031060 STEARNS FINANCIAL SERVICES 7099300-IN RADIX MONTHLY MAINT SEPT 07 RADIX MONTHLY MAINT SEPT 07 411.000.654.534.800.480.00 166.28 Sales Tax 411.000.654.534.800.480.00 14.81 Total : 181.09 Page: 32 Packet Page 93 of 217 vchlist Voucher List Page: 33 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice 98433 8/16/2007 009400 STELLAR INDUSTRIAL SUPPLY INC 2583368 2584334 2588000 98434 8/16/2007 067148 STERNBERG LANTERNS INC 00111866 PO # Description/Account Amount SEWER - RETURNED HOOK CLEVI SEWER - RETURNED HOOK CLEVI 411.000.655.535.800.310.00 -25.29 Sales Tax 411.000.655.535.800.310.00 -2.17 WATER/SEWER - RESPIRATOR CL WATER/SEWER - RESPIRATOR CL 411.000.654.534.800.310.00 30.15 WATER/SEWER - RESPIRATOR CL 411.000.655.535.800.310.00 30.15 Sales Tax 411.000.654.534.800.310.00 2.59 Sales Tax 411.000.655.535.800.310.00 2.59 WATER/SEWER - WORKHORSE W WATER/SEWER - WORKHORSE W 411.000.654.534.800.310.00 38.96 WATER/SEWER - WORKHORSE W 411.000.655.535.800.310.00 38.95 Sales Tax 411.000.654.534.800.310.00 3.35 Sales Tax 411.000.655.535.800.310.00 3.35 WATER/SEWER - RED AND YELLO WATER/SEWER - RED AND YELLO 411.000.654.534.800.310.00 29.70 WATER/SEWER - RED AND YELLO 411.000.655.535.800.310.00 29.70 Sales Tax 411.000.654.534.800.310.00 2.56 Sales Tax 411.000.655.535.800.310.00 2.55 Total : 187.14 Page: 33 Packet Page 94 of 217 vchlist Voucher List Page: 34 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98434 8/16/2007 067148 STERNBERG LANTERNS INC (Continued) STREET - GASLITE POST AND SUF 111.000.653.542.640.310.00 4,274.00 Total : 4,274.00 98435 8/16/2007 067919 STIERLE, PAUL STIERLE0819 PARK CONCERT CITY PARK CONCERT- 001.000.640.574.200.410.00 750.00 Total : 750.00 98436 8/16/2007 040430 STONEWAY ELECTRIC SUPPLY 116903 SUPPLIES CABLE CUTTER 001.000.640.576.800.310.00 27.48 Sales Tax 001.000.640.576.800.310.00 2.45 Total : 29.93 98437 8/16/2007 040430 STONEWAY ELECTRIC SUPPLY 121691 PS - FLANGE KIT PS - FLANGE KIT 001.000.651.519.920.310.00 34.38 Sales Tax 001.000.651.519.920.310.00 3.06 Total : 37.44 98438 8/16/2007 071693 SUMNER TRACTOR & EQUIPMENT 020507 MOWER KUBOTA DIESEL MOWER FOR THE 130.000.640.594.360.640.00 14,007.00 Sales Tax 130.000.640.594.360.640.00 1,232.62 Total : 15,239.62 98439 8/16/2007 040917 TACOMA SCREW PRODUCTS INC 10566485 SUPPLIES Page: 34 Packet Page 95 of 217 vchlist Voucher List Page: 35 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98439 8/16/2007 040917 TACOMA SCREW PRODUCTS INC (Continued) BLIND RIVETS 001.000.640.576.800.310.00 18.70 Freight 001.000.640.576.800.310.00 4.22 Sales Tax 001.000.640.576.800.310.00 2.04 Total : 24.96 98440 8/16/2007 040917 TACOMA SCREW PRODUCTS INC 18808554 EPDXY/GLOVES EPDXY/GLOVES 411.000.656.538.800.310.21 180.54 Sales Tax 411.000.656.538.800.310.21 16.07 Total : 196.61 98441 8/16/2007 040917 TACOMA SCREW PRODUCTS INC 10564701 STREET - STEEL LAG SCREWS STREET - STEEL LAG SCREWS 111.000.653.542.640.310.00 21.23 Sales Tax 111.000.653.542.640.310.00 1.89 18807370 STREET - SCREWS, WASHERS, Nl STREET - SCREWS, WASHERS, Nl 111.000.653.542.640.310.00 103.94 Sales Tax 111.000.653.542.640.310.00 9.25 Total : 136.31 98442 8/16/2007 040916 TC SPAN AMERICA 40537 WATER/SEWER - T SHIRTS Page: 35 Packet Page 96 of 217 vchlist Voucher List Page: 36 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor 98442 8/16/2007 040916 TC SPAN AMERICA 98443 8/16/2007 040916 TC SPAN AMERICA Invoice PO # Description/Account Amount (Continued) WATER/SEWER - T SHIRTS 411.000.654.534.800.240.00 170.00 WATER/SEWER - T SHIRTS 411.000.655.535.800.240.00 170.00 LONG SLEEVED T SHIRTS 411.000.654.534.800.240.00 115.00 LONG SLEEVED T SHIRTS 411.000.655.535.800.240.00 115.00 Sales Tax 411.000.654.534.800.240.00 25.37 Sales Tax 411.000.655.535.800.240.00 25.36 Total : 620.73 40578 UNIFORMS T-shirts: ALS 001.000.510.526.100.240.00 90.00 T-shirts: Ops 001.000.510.522.200.240.00 90.00 Sales Tax 001.000.510.526.100.240.00 8.01 Sales Tax 001.000.510.522.200.240.00 8.01 40580 UNIFORMS T-shirts:ALS 001.000.510.526.100.240.00 228.30 T-s hi rts:Ops 001.000.510.522.200.240.00 228.30 Sales Tax 001.000.510.526.100.240.00 20.32 Sales Tax 001.000.510.522.200.240.00 20.32 Total : 693.26 98444 8/16/2007 065710 THE CHAMBERS MULTIMEDIA 000395 Page: 36 Packet Page 97 of 217 vchlist 08/16/2007 10:06:11AM Voucher List City of Edmonds Page: 37 Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98444 8/16/2007 065710 THE CHAMBERS MULTIMEDIA (Continued) CEMETERY SEXTON INTERNET A( 130.000.640.536.200.420.00 17.95 Total : 17.95 98445 8/16/2007 065459 THE HERALD SUBSCRIPTION 12644356 ADMIN MISC Annual subscription 001.000.510.522.100.490.00 141.00 Total : 141.00 98446 8/16/2007 071843 TOMS TREE SERVICE Bus Lic Ref REFUND OVERPMT OF BUS LIC Refund overpmt of Business Lic 001.000.000.257.310.000.00 40.00 Total : 40.00 98447 8/16/2007 041960 TOWN & COUNTRY FENCE INC 36379 FENCE SUPPLIES WIRE DOG 001.000.640.576.800.310.00 31.50 Sales Tax 001.000.640.576.800.310.00 2.80 Total : 34.30 98448 8/16/2007 068322 TRANE 7896466 ACC 2734329 HVAC preventative maint-PS- 001.000.651.519.920.480.00 274.50 001.000.651.519.920.480.00 24.43 Total : 298.93 98449 8/16/2007 070037 TRIMAXX CONSTRUCTION INC E1 DB.Pmt 1 E1 DB.Progress Pmt 1 thru 07/31/07 Page: 37 Packet Page 98 of 217 vchlist Voucher List Page: 38 08/16/2007 10:06:11AM City of Edmonds Bank code : Voucher front Date Vendor Invoice PO # Description/Account Amount 98449 8/16/2007 070037 TRIMAXX CONSTRUCTION INC (Continued) ElDB.Progress Pmt 1 thru 07/31/07 125.000.640.594.750.650.00 297,740.45 E7FE.Progress Pmt 1 thru 07/31/07 412.200.630.594.320.650.00 85,566.97 E1 DB.Retainage 1 125.000.000.223.400.000.00 -14,887.03 E7FE.Retainage 1 412.100.000.223.400.000.00 -4, 278.34 Total : 364,142.05 98450 8/16/2007 061192 UNITED PIPE & SUPPLY 7593618 IRRIGATION SUPPLIES ELLS, TEES, ADAPTORS, FIELD 001.000.640.576.800.310.00 737.69 Sales Tax 001.000.640.576.800.310.00 65.65 Total : 803.34 98451 8/16/2007 061192 UNITED PIPE & SUPPLY 7576453 WATER INVENTORY - W-HYDMJ4 WATER INVENTORY - W-HYDMJ4 411.000.000.141.140.310.00 2,763.70 W-STORTZ-04-010 411.000.000.141.140.310.00 273.80 Sales Tax 411.000.000.141.140.310.00 258.19 Page: 38 Packet Page 99 of 217 vchlist Voucher List Page: 39 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor 98451 8/16/2007 061192 UNITED PIPE & SUPPLY Invoice (Continued) 7578120 98452 8/16/2007 044960 UTILITIES UNDERGROUND LOC CTR 7079070 061.1004iZ1fZ0B11061110 :4:711061LIi 101:41:1UT/*1I 425-744-1681 425-744-1691 425-776-5316 PO # Description/Account Amount WATER INVENTORY - WTEEMJ-06• WATER INVENTORY - WTEEMJ-06• 411.000.000.141.140.310.00 281.44 W-VALVCI-06-010 411.000.000.141.140.310.00 394.55 W-SLEEVEMJ-06-010 411.000.000.141.140.310.00 281.44 ACCY PAKS - SUPPLIES 411.000.654.534.800.310.00 281.60 Sales Tax 411.000.000.141.140.310.00 81.38 Sales Tax 411.000.654.534.800.310.00 23.94 Total : 4,640.04 utility locates - utility locates- 411.000.654.534.800.410.00 71.99 utility locates- 411.000.655.535.800.410.00 71.99 utility locates- 411.000.652.542.900.410.00 72.02 Total : 216.00 SEAVIEW PARK IRRIGATION MODI SEAVIEW PARK IRRIGATION MODI 001.000.640.576.800.420.00 45.70 SIERRA PARK IRRIGATION MODE SIERRA PARK IRRIGATION MODEIN 001.000.640.576.800.420.00 45.05 GROUNDS MAINTENANCE FAX MC GROUNDS MAINTENANCE FAX MC 001.000.640.576.800.420.00 107.24 Total : 197.99 Page: 39 Packet Page 100 of 217 vchlist Voucher List Page: 40 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98454 8/16/2007 011900 VERIZON NORTHWEST 425 NW1-0155 03 0210 1099569419 02 TELEMENTRY 411.000.656.538.800.420.00 216.25 Total : 216.25 98455 8/16/2007 011900 VERIZON NORTHWEST 425-640-8169 PT EDWARDS SEWER PUMP STAT Phone line for Sewer Lift Station at P 411.000.655.535.800.420.00 42.21 425-672-7132 FLEET MAINTENANCE FAX LINE FLEET MAINTENANCE FAX LINE 511.000.657.548.680.420.00 53.62 425-776-1281 LIBRARY ELEVATOR PHONE LIBRARY ELEVATOR PHONE 001.000.651.519.920.420.00 45.70 425-776-6829 CITY HALL FIRE ALARM SYSTEM CITY HALL FIRE ALARM SYSTEM 001.000.651.519.920.420.00 122.03 425-AB9-0530 1ST & PINE CIRCUIT LINE PT EDW 1 st & Pine Circuit Line for Pt Edward: 411.000.655.535.800.420.00 40.40 Total : 303.96 98456 8/16/2007 068265 VERIZON ONLINE 65320341 ACCT #8372119 Aug 07 City of Edmonds Internet 001.000.310.518.880.420.00 667.00 Total : 667.00 98457 8/16/2007 067865 VERIZON WIRELESS 269992985-1 425-308-9867 cell phone -water watch 411.000.654.534.800.420.00 36.04 Total : 36.04 98458 8/16/2007 067865 VERIZON WIRELESS 0576733642 OPS COMMUNICATIONS air card 001.000.510.522.200.420.00 60.03 Total : 60.03 Page: 40 Packet Page 101 of 217 vchlist Voucher List Page: 41 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98459 8/16/2007 069816 VWR INTERNATIONAL INC 31261303 1066294 SOLUTION 411.000.656.538.800.310.31 52.63 Sales Tax 411.000.656.538.800.310.31 4.68 Total : 57.31 98460 8/16/2007 006284 W S DARLEY AND CO CM-0032753 FLEET - RETURNED MICORSW ITC FLEET- RETURNED MICORSWITC 511.000.657.548.680.310.00 -99.32 Sales Tax 511.000.657.548.680.310.00 -8.85 PM640188 UNIT 476 - BALL VALVE KIT UNIT 476 - BALL VALVE KIT 511.000.657.548.680.310.00 220.00 Freight 511.000.657.548.680.310.00 11.17 Sales Tax 511.000.657.548.680.310.00 19.58 Total : 142.58 98461 8/16/2007 065828 WA STATE CRIMINAL JUSTICE 2009-0005 INV#2009-0005 - B.PAULSON/EDMC REG ISTRATION/B. PAULSON- 001.000.410.521.400.490.00 100.00 Total : 100.00 98462 8/16/2007 065035 WASHINGTON STATE PATROL A.JOHNSON WSP CRIMINAL RECORDS CONF/A REGISTRATION/A.JOHNSON- 001.000.410.521.400.490.00 75.00 Total : 75.00 98463 8/16/2007 067195 WASHINGTON TREE EXPERTS 06-5900 STREET - WORK DONE AT 1417 O' STREET - WORK DONE AT 1417 O' 111.000.653.542.710.410.00 900.00 Total : 900.00 98464 8/16/2007 049208 WESTERN EQUIP DIST INC 520912 SUPPLIES Page: 41 Packet Page 102 of 217 vchlist Voucher List Page: 42 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 98464 8/16/2007 049208 WESTERN EQUIP DIST INC (Continued) FUEL FILTERS 001.000.640.576.800.310.00 95.94 Freight 001.000.640.576.800.310.00 7.51 Sales Tax 001.000.640.576.800.310.00 9.21 Total : 112.66 98465 8/16/2007 069691 WESTERN SYSTEMS 10001938 STREET - PED HEAD REPLACEMEI STREET - PED HEAD REPLACEMEI 111.000.653.542.640.310.00 900.00 Sales Tax 111.000.653.542.640.310.00 77.40 Total : 977.40 98466 8/16/2007 061752 WILDER CONSTRUCTION CO E7CA.Pmt 1 E7CA.Progress Pmt 1 thru 07/31/07 E7CA.Progress Pmt 1 thru 07/31/07 112.200.630.595.330.650.00 14,220.00 E7CA.Progress Pmt 1 thru 07/31/07 125.100.620.595.300.650.00 382,659.25 E7CA.Retainage 1 112.200.000.223.400.000.00 -711.00 E7CA.Retainage 1 125.100.000.223.400.000.00 -19,132.96 Total : 377,035.29 98467 8/16/2007 045565 WSPCA HAWLEY WSPCA SPRING CONF. - S.HAWLE REGISTRATION/S.HAW LEY- 001.000.410.521.400.490.00 150.00 Total : 150.00 98468 8/16/2007 066654 YELLOW TRANSPORTATION INC 153-261077 FREIGHT FREIGHT FOR NOISE BLANKETS C 125.000.640.594.750.650.00 1,374.40 Total : 1,374.40 Page: 42 Packet Page 103 of 217 vchlist Voucher List Page: 43 08/16/2007 10:06:11AM City of Edmonds Bank code : front Voucher Date Vendor 98469 8/16/2007 051282 ZUMAR INDUSTRIES INC 98470 8/16/2007 065357 ZUVELA, CURT 150 Vouchers for bank code : front 150 Vouchers in this report Invoice PO # Description/Account Amount 0116010 STREET - SIGN BLANKS STREET - SIGN BLANKS 111.000.653.542.640.310.00 206.20 Freight 111.000.653.542.640.310.00 19.84 Sales Tax 111.000.653.542.640.310.00 19.25 Total : 245.29 1554 CURT ZUVELA/BOOTS 2007 ZUVELA/BOOTS 2007 411.000.656.538.800.240.00 164.00 Total : 164.00 Bank total : 1,248,681.37 Total vouchers : 1,248,681.37 Page: 43 Packet Page 104 of 217 AM-1126 2.1). State Funding for Judicial Position Edmonds City Council Meeting Date: 08/20/2007 Submitted By: Doug Fair Submitted For: Doug Fair Time: Consent Department: Municipal Court Type: Action Review Committee: Action: Approved for Consent Agenda Information Subject Title Judicial salary increase to maintain State funding for judicial position. Recommendation from Mayor and Staff See attached memorandum. Previous Council Action Approved by Finance and Public Safety Committees. Narrative See attached memorandum. Fiscal Impact Fiscal Year: 2007 Revenue: 6600 Expenditure: 3411.76 Fiscal Impact: The revenue for 2007 was computed using the amount the City will receive from the State ($9200) if judicial salary is increased and then subracting the amount we would receive if the salary is not increased ($2600). The net revenue then equals $6600. The expenditure was computed by taking the salary increase from 2007 over 2006 ($1936) that was approved last year: $1936. Then I added the new salary increase and multiplied by .33 to cover September -December 31: $1475.76. The total expenditure then equals $3411.76. The net gain for the City for calendar year 2007 will be $2753.52. Attachments Link: Salary memo Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 08/13/2007 04:05 PM APRV Packet Page 105 of 217 Mayor Gary Haakenson 08/13/2007 04:07 PM APRV Final Approval Linda Hynd 08/13/2007 04:20 PM APRV Form Started By: Doug Started On: 08/10/2007 12:40 Fair PM Final Approval Date: 08/13/2007 Packet Page 106 of 217 Judicial Salary Memorandum When I first was appointed to serve as your judge in July, 2005, I finished out the contract that had been signed with Judge White. Judge White's original contract provided that he was an independent contractor without benefits and was set at $65,000 based on a 24 hour work week. State auditors did not agree that the judicial position was an independent contractor. As a result I negotiated an annualized salary and benefit package of $59,000 for the remainder of the term (July -December 2005). This was designed to be the rough equivalent of the previous contract, taking into account the value of the benefit package. In 2006 the City Council made the Edmonds Municipal Court Judge an elected position. This qualified the City to obtain reimbursement from the State for court improvement account funds. In order to qualify for these funds the judicial position must be paid at a pro -rated salary that equates to 95% of the salary for a district court judge. The 2006 salary for the judicial position was negotiated at $63,751 for a 22 hour work week. This was exactly 95% of the district court salary pro -rated at 55% (22 hours per week). This made the City of Edmonds eligible for court improvement account funds. On September 1, 2006, the Citizen's Commission on Salaries for Elected Officials increased the district court salary from $122,012 to $125,672 on an annualized basis. To remain eligible for the court improvement account funds (95% pro -rated salary for 2007) the contract was renegotiated to a salary of $65,664 commencing January 1, 2007. This was an increase of $1,913 from 2006. Recently the Citizen's Commission approved a large salary increase for district court judges. The salary of a district court judge will be raised to $134,242 effective September 1, 2007. On September 1, 2008 the salary will increase to $141,708. If the City wishes to continue to receive court improvement account funds then it will require an increase in the judicial salary. The pro -rated 95% salary will need to be $70,136 starting on September 1, 2007 and $74,042 starting on September 1, 2008. Please see the email correspondence at the end of the memorandum reflecting this information. In 2006 we received $3999 from the State. It is anticipated that Edmonds will receive approximately $9200 for the calendar year of 2007 if the salary is increased. Therefore the anticipated total amount received from the State will be $13,199 for 2006-2007. If the salary is not increased then the City will receive approximately $2600 during 2007 for a combined total of $6599 for 2006-2007. Assuming that the judicial salary remained constant at $59,000 for 2006-2007 and assuming that there is a salary increase as of September 1, 2007, then the total salary increases over 2006-2007 will equal $12,055. Based on these assumptions then the net financial gain to the City over 2006-2007 will be $1,144. Packet Page 107 of 217 Based on these figures it appears that it still makes fiscal sense to keep the City eligible for court improvement funds through September 1, 2008. I also believe that it is in the City's best interest to wait until next year to determine if it makes sense to increase the salary in September, 2008. The Administrative Office of the Courts estimates the City will receive $13,000 in 2008 if the City continues to raise the judicial salary. I respectfully request that we renegotiate the salary term of the contract commencing September 1, 2007 to set the annualized salary at $70,136.22 in order to keep the City eligible for court improvement account funds. Yes, in order to continue qualifying for 5454 contributions, your salary must be equivalent to 95% of a district court judges salary, or $127,520 for a full time position. If you are still funded at 55% then your salary at a minimum must be $70,136 ($134,232 x .95 x .55). Also note that another increase is required to meet the new salary effective September 1, 2008. -----Original Message ----- From: Fair, Doug [mailto:Fair@ci.edmonds.wa.us] Sent: Monday, May 21, 2007 11:02 AM To: Radwan, Ramsey Subject: RE: E2SSB 5454 Salary Contribution My salary at the city is reviewed on an annual basis with the calendar year. For the past two years this has been approved as meeting the 5454 criteria. Has that changed? Do I need to request that the city increase my salary in September? Thanks, Doug -----Original Message ----- From: Radwan, Ramsey [mailto: Ramsey. Radwan@courts.wa.gov] Sent: Thursday, May 17, 2007 2:34 PM To: pburns@auburnwa.gov; Fair, Doug; gphillips@ci.kent.wa.us; tjurado@ci.renton.wa.us; ron.mamiya@seattle.gov; james.docter@ci.bremerton.wa.us; m ichael. morga n @cityoffedera [way. com; Gillings, Fred (TAO 7 Days); mlambo@ci.kirkland.wa.us; aemery@ci.tacoma.wa.us; todell@ci.everett.wa.us; swoodard@ci.yakima.wa.us Cc: fwebster@auburnwa.gov; Ferebee, Joan; Yetter, Margaret (internet); jmcguire@ci.renton.wa.us; yolande.williams@seattle.gov; Pettus, Yvonne (internet); Cusimano, Jeri (internet); gina.palermo@cityoffederalway.com; Imorris@ci.yakima.wa.us; selsner@ci.marysville.wa.us; Jeffries, Tracy (internet); Haake, Douglas Subject: E2SSB 5454 Salary Contribution As you know, one of the two qualifying criteria for 5454 contributions is the requirement that the municipal court judge be compensated at a rate of 95-100% of a district court judges' salary. You may also know that the Citizen's Commission on Salaries for Elected Officials recently established a new salary schedule for district court judges. The new rates are: $134,232 effective September 1, 2007 and $141,708 effective September 1, 2008 The entire salary schedule can be viewed at http://www.salaries.wa.gov/documents/Final2007- 08SalarySchedule.pdf. Packet Page 108 of 217 In the next few days I will be sending a letter to your city notifying them that to continue to qualify for funding municipal court judges within their jurisdiction must be compensated at the rate noted above (95-100% of a district court judges' salary) effective September 1, 2007 with an adjustment on September 1, 2008. 1 will copy all judges within your court as well as your court administrator. Please let me know if you have any questions. Ramsey Radwan, Director Management Services Division Administrative Office of the Courts (360) 357-2406 ramsey.radwan(c�courts.wa.gov From: Radwan, Ramsey [mailto: Ramsey. Radwan@courts.wa.gov] Sent: Friday, June 15, 2007 11:00 AM To: Ferebee, Joan Subject: 2008 5454 Joan, Edmonds will receive about $13,000 in calendar year 2008. Ramsey Radwan, Director Management Services Division Administrative Office of the Courts (360) 357-2406 ramsey. radwan(a-)_cou rts.wa.gov Packet Page 109 of 217 AM-1135 2.E. Proposed Ordinance on Rezone of Property at 125 2nd Avenue North Edmonds City Council Meeting Date: 08/20/2007 Submitted By: Duane Bowman Time: Consent Department: Development Services Type: Action Review Committee: Action: Approved for Consent Agenda Information Subject Title Proposed Ordinance rezoning property at 125 2nd Ave North from RM-2.4 to RM-1.5. (R-2007-15). Recommendation from Mayor and Staff Adopt the proposed ordinance. Previous Council Action On July 17, 2007, the City Council approved the rezone request and staff was directed to prepare the necessary ordinance. Narrative This is an application by Michel Construction for a rezone from RM-2.4 to RM-1.5 for property located at 125 2nd Avenue North. The Planning Board held a public hearing on the subject application on May 23, 2007, and after deliberation, voted unanimously to recommend that the City Council approve the change in zoning. The City Council held a public hearing on July 17, 2007 and approved the rezone request. (See Exhibit 2.) Fiscal Impact Attachments Link: Exhibit 1 - Proposed Rezone Ordinance Link: Exhibit 2 - 71707 City Council minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 08/15/2007 05:29 PM APRV 2 Mayor Gary Haakenson 08/15/2007 05:36 PM APRV 3 Final Approval Linda Hynd 08/16/2007 09:02 AM APRV Form Started By: Duane Started On: 08/15/2007 04:48 Bowman PM Final Approval Date: 08/16/2007 Packet Page 110 of 217 Packet Page 111 of 217 0006.900000 WSS/gjz 7/24/07 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 125 2ND AVENUE NORTH FROM RM-2.4 TO RM-1.5 AUTHORIZING AMENDMENT OF THE ZONING MAP, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, a closed record review was held by the Edmonds City Council on the recommendation of the Planning Board to approve the rezone of certain real property described in File No. R-2007-15 from RM-2.4 to RM-1.5; and WHEREAS, for its Findings of Fact, the City Council hereby adopts as its Findings of Fact and Conclusions of Law the Findings and Conclusions set forth in the staff report with Exhibits presented to the Planning Board at its meeting of May 23, 2007 and shown at pages 13 through 21 of the City's Council Packet of July 17, 2007; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Based upon the adopted Findings and the recommendation of its Planning Board, as well as the presentation of the parties of record at its closed record review, the City Council hereby finds it to be in the public interest and consistent with the provisions of City ordinance to rezone certain real property addressed as 125 2nd Avenue North, Edmonds, Washington, more fully described on the attached Exhibit A and in File No. R-2007-15, from RM-2.4 to RM-1.5. The Development Services Director or his designee is hereby authorized to amend the official zoning map of the City to reflect this change. {WSS668832.DOC;1/00006.900000/} - I - Packet Page 112 of 217 Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: C W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS668832.DOC;1/00006.900000/} - 2 - Packet Page 113 of 217 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2007, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 125 2ND AVENUE NORTH FROM RM-2.4 TO RM-1.5 AUTHORIZING AMENDMENT OF THE ZONING MAP, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 92007. CITY CLERK, SANDRA S. CHASE {wss668832.Doc;1/00006.900000i}- 3 - Packet Page 114 of 217 EDMONDS CITY COUNCIL APPROVED MINUTES July 17, 2007 Following a Special Meeting at 6:45 p.m. to interview a candidate for the Lodging Tax Advisory Committee, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Peggy Pritchard Olson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauri Moore, Councilmember Deanna Dawson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Al Compaan, Acting Police Chief Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Rob Chave, Planning Manager Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Bertrand Hauss, Traffic Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: oll Call A. ROLL CALL pprove 6i26i07 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 26, 2007. Minutes APPROVAL OF CLAIM CHECKS #97251 THROUGH #97415 FOR JUNE 28, 2007 IN [ApprovC. Claim Checks THE THE AMOUNT OF $553,924.67. APPROVAL OF #97419 THROUGH #97437 FOR JULY 3, 2007 IN THE AMOUNT OF $196,367.70. APPROVAL OF #97438 THROUGH #97668 FOR JULY 12, 2007 IN THE AMOUNT OF $446,427.64. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #45059 THROUGH #45162 FOR THE PERIOD OF JUNE 16 THROUGH JUNE 30, 2007 IN THE AMOUNT OF $840,632.63. Claims for amages D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM LINDA KRAMER- LIND (AMOUNT UNDETERMINED), AND MICHAEL JORDON ($4,569.26). School Resource E. SCHOOL RESOURCE OFFICER INTERLOCAL AGREEMENT WITH EDMONDS Officer SCHOOL DISTRICT. Edmonds City Council Approved Minutes July 17, 2007 Page 1 Packet Page 115 of 217 Ord# 3654 F. ORDINANCE NO. 3654 — AMENDING THE PROVISIONS OF ECDC 21.40.030 HEIGHT, Repeal ECDC 1.40.030(C)(1) (C) HEIGHT EXCEPTIONS TO REPEAL SUBSECTION (1) RELATED TO A NONEXISTENT ZONE. Lodging Tax 3. CONFIRMATION OF CITY COUNCIL APPOINTMENT OF JOE MCIALWAIN TO LODGING Advisory Committee TAX ADVISORY COMMITTEE. Appointment Mayor Haakenson advised the Council interviewed Mr. McIalwain prior to tonight's meeting. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO APPROVE MAYOR HAAKENSON'S RECOMMENDATION TO APPOINT JOE MCIALWAIN TO THE LODGING TAX ADVISORY COMMITTEE. Councilmember Marin commented Mr. McIalwain was very qualified and had put his heart and soul into the community. MOTION CARRIED UNANIMOUSLY. ublic Facilities 4. APPOINTMENT OF EDMONDS PUBLIC FACILITIES DISTRICT BOARD MEMBER TO FILL istrict Board VACANCY. ppomtment Edmonds Center for the Arts Executive Director Joe McIalwain explained two of the original members of the Edmonds Public Facilities District Board, Kay Mahaffey and Jan Conner, recently stepped down from their positions. Each played an important role of the development of the PFD and saw the project through the renovation and grand opening of the Center. The PFD accepted applications and conducted interviews of several qualified candidates and recommended the appointment of Bob Rinehart. Mr. McIalwain described Mr. Rinehart's background. Mr. Rinehart commented he came to Edmonds wanting to be a part of the community. He viewed serving on the PFD Board as an honor. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ACCEPT THE NOMINATION OF BOB RINEHART TO THE EDMONDS PUBLIC FACILITIES DISTRICT BOARD. Councilmember Moore commented Mr. Rinehart "hit the ground running" when he moved to Edmonds, was a leader in the community and was very well suited to serving on the PFD Board. MOTION CARRIED UNANIMOUSLY. Vacate Portion 5 PUBLIC HEARING REGARDING THE PROPOSED VACATION OF A PORTION OF THE of Right -of - Way Adjacent PUBLIC RIGHT-OF-WAY ADJACENT TO 17008 - 77TH PLACE WEST, EDMONDS. 0 17008 - 77th l W Councilmember Plunkett asked whether a vacation was a legislative action. City Attorney Scott Snyder answered yes, explaining there were certain limitations on the amount the Council could require if the vacated property was originally dedicated by the party now requesting the vacation but that was not applicable in this case. Planning Manager Rob Chave explained this was an application to vacate public right-of-way within a recently approved Planned Residential Development (PRD). The owners of Lot 7 were interested in a vacation of an area on the northern boundary of their property to allow expansion of their footprint and build a deck which they would be unable to accomplish without the vacation. He explained the public Edmonds City Council Approved Minutes July 17, 2007 Page 2 Packet Page 116 of 217 right-of-way contained two on -street parking spaces. He relayed Engineering's finding that they anticipated no potential use of this property. Mr. Chave explained the property appraisal used a very different method and arrived at a much lower valuation; typically a per square foot value was developed and applied to the property. Staff contacted the appraiser who verified it was an appropriate appraisal. Councilmember Wambolt asked who paid the cost of the appraisal. Mr. Chave answered the applicant. Councilmember Wambolt referred to the ordinance that states the maximum compensation that could be required was one half the appraised value, inquiring whether that practice was always followed. Mr. Snyder advised that was the limit under State statute. Councilmember Wambolt asked whether the Council had any latitude with regard to how the property was appraised. Mr. Snyder answered the Council would need to make a finding that the value was properly established. Mr. Chave advised staff included two other appraisals in the packet as examples. Mayor Haakenson opened the public participation portion of the public hearing. Don Wills, Edmonds, the proponent of the request, explained when staff instructed them to have the property appraised, he researched appraisers via the internet and selected one located in Bothell. With regard to the City's usual method of a square footage valuation, he pointed out the amount of land was 560 square feet, an amount commonly referred to as an uneconomic remainder. He noted the discrepancy in the valuation was due to the limited amount of land available. He inquired about the process if the Council determined their appraisal was incorrect and whether there was any ability to negotiate. Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Moore asked staff to clarify the process. Mr. Snyder answered the Council was required to make a finding that the vacation was in the public's interest. Typically there were two considerations, whether the City needed the property for another purpose and whether citizens received a reasonable benefit from the vacation. The Council was free to negotiate if they did not feel the appraisal fairly represented the fair market value of the property. Councilmember Dawson commented it appeared this was the first time this issue had arisen as appraisals were typically done in the manner Mr. Chave described. She asked whether consideration had been given to establishing a policy for future dedications regarding how appraisals would be done. Mr. Chave stated typically appraisers utilized the square footage method versus this method which resulted in a much lower value. He referred to the appraisal examples in the packet, noting the Council often reduced the property value. He agreed it may be appropriate to establish a standard appraisal methodology. Councilmember Dawson observed if the Council rejected the appraisal, the options were to require the applicant to have a second appraisal done or for the City to have their own appraisal done. If the Council wanted a second appraisal, Mr. Chave suggested the City have their own appraisal done. Councilmember Dawson asked the approximate cost of an appraisal. Mr. Chave relayed Mr. Wills' comment that the estimates they received were $400 - $1200, they paid $400 for this appraisal. Mr. Chave commented most appraisals were more expensive than that. Councilmember Dawson asked the difference between the appraisals. Mr. Chave answered appraisals of similar property ranged from $4 to $11 per square foot. He noted another concern with this appraisal was it referenced property outside the area that he did not feel was comparable. Councilmember Marin observed the applicant appeared to have followed the City's process. Edmonds City Council Approved Minutes July 17, 2007 Page 3 Packet Page 117 of 217 Mr. Wills stated the reason they were requesting the vacation was the City determined a window seat on the back of the house encroached into the setback. He noted they already removed the deck and French doors from the house and were told at final inspection for occupancy they had to remove the window seat. He explained they had approved plans for all the changes that were made and they had been inspected; however, on November 16, 2006 the Planning Department determined there was an encroachment. He noted this was the first knowledge they had of it, acknowledging the builder may have been aware. Mr. Snyder explained property was usually vacated when the City identified unusable right-of-way and wanted to eliminate the City's liability for that property and return the property to the tax rolls. What was unusual about this appraisal was, although it provides a square foot value, it used unimproved property which does not determine fair market value. He noted the unique value of the right-of-way to this property tended to skew how fair market value was determined. The Council had discretion to negotiate, determine it was not in the public's best interest to proceed, or send it back procedurally. He commented likely what would be gained by another appraisal would be lost in the price paid for the property. Mayor Haakenson commented the Wills had already paid the City $1525 for the street vacation. For Councilmember Dawson, Mr. Chave advised the initial appraisal was revised to be slightly higher at $3 per square foot for a total appraised value of $1680 and Council could require payment of half that amount. Mr. Snyder explained the Council could determine fair market value; the appraisal was to provide a basis for the public benefit. If the Council felt the value was higher, the Council could make that determination. Councilmember Dawson summarized the Council could find the property was worth more than the appraisal indicated. She noted the property owner had offered to pay $1400 and asked whether the Council could make a finding that the value was $3000 and require payment of $1400. Mr. Chave agreed that would be appropriate. Mr. Chave agreed the vacation would add value to the property and result in additional taxes for the City. Councilmember Moore referred to the applicant's indication that the plans were approved and then later an encroachment was identified. Mr. Chave recalled the building permit was approved when the plans showed it as a chimney which was allowed to encroach into the setback. When the structure was finished and inspected, it was no longer a chimney but livable space which was when the issue of encroachment arose. Councilmember Moore asked the difference between a vacation request and an encroachment permit. Mr. Chave answered the City would never allow part of a building to encroach, only things that were easily removable and would not be a hindrance should the City decide to develop the right-of-way. Mr. Snyder explained an encroachment permit was for something in the right-of-way, this was for encroachment into the setback. He noted a variance would not be permitted as it was due to the action of the owner/builder. Councilmember Wambolt pointed out this was an example of a builder putting too much home on too little land; there was no room for a deck on three sides of the home. Although the vacation was a small piece of land, 540 square feet, it represented more than 10% of the 4,792 square foot lot. He noted for tax purposes the property was appraised at $300,000 or $62.60 per square foot. This property was far more valuable to the buyer than the City and would significantly enhance the value of the property to the buyer. Mayor Haakenson remanded to Council for action. Councilmember Dawson found the vacation was in the best interest of the public. She also found based on the record that the value of the property was at least $3,000 and the property owner had offered to pay $1400. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO VACATE THE RIGHT-OF-WAY AND ACCEPT THE OFFER OF $1400 FOR THE VACATED LAND. Edmonds City Council Approved Minutes July 17, 2007 Page 4 Packet Page 118 of 217 Councilmember Wambolt spoke against the motion, finding it was not a fair return to the City and was a windfall for the property owner. He preferred to develop a fair market value using the usual method. Councilmember Dawson commented the City did not have a standard appraisal method. If the City obtained a second appraisal, the cost likely would exceed the amount the property owner would pay. She found it was not in the city's best interest to seek a second appraisal. She noted in the past the City has vacated property for substantially less than the appraised value; in one example property was appraised for $8,000 and the Council accepted payment of $1500. Councilmember Marin spoke against the motion, preferring to accept half the value determined by the appraisal due to the property owner acting in good faith. Council President Olson commented the proposed solution was win -win for the property owner and the City. Councilmember Wambolt commented this would motivate builders to continue building substandard PRDs and then wait for the City to bail them out. He pointed out this home would be far more expensive on a larger parcel. MOTION CARRIED (5-2), COUNCILMEMBERS WAMBOLT AND MARIN OPPOSED. Mayor Haakenson commented this was the first time an appraisal had been submitted using this methodology; all others had used the other method. He asked whether the Council could direct staff to require that methodology. Mr. Snyder advised staff could establish parameters for appraisals. He explained the appraisal was intended to provide a piece of evidence for the Council's decision; prior to requiring appraisals, the Council used a square footage percentage of assessed valuation. It was the consensus of the Council to have staff develop language regarding a standard appraisal practice. Mayor Haakenson urged the Wills to take action against their builder as the plans were approved for one thing and he built something else. end Code 6. PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE PROVISIONS OF Definitions: Fowl Domestic FEDMONDS CITY CODE, SECTION 5.05.010, DEFINITIONS, (M) RELATED TO DOMESTIC FOWL, AND THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.35.040. Councilmember Wambolt recalled the ordinance regarding cats was precipitated by cats attacking a neighbor's quail. A question then arose why quail were not included in the definition of domestic fowl which he recalled City Attorney Scott Snyder indicated was an oversight. A decision was made to hold a public hearing to invite public comment on the addition of quail to the definition of domestic fowl. For Councilmember Dawson, Mr. Snyder stated the definition of fowl had been in the ordinance for many years. Apparently the definition was developed using the most common domestic fowl, chickens, and did not include others. Councilmember Dawson asked what change was proposed to the ordinance. Mr. Snyder explained this type of ordinance was typically directed toward animals raised for food and kept in backyard coops versus an indoor animal. The definition of poultry was domestic fowl normally raised for eggs or meat and includes chickens, turkeys, ducks and geese, an inclusive rather than exclusive list. Councilmember Moore commented on her experience working on a ranch in Texas where they raised quail, turkeys, pheasants, chuckers, other fowl used for food and hunting. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes July 17, 2007 Page 5 Packet Page 119 of 217 Don Kreiman, Edmonds, a biology graduate of the University of Washington, pointed out quail were not a domestic animal. He commented on property owners' ability to enjoy their property as long as they did not impact their neighbors, noting recent events involving a cat and quail was an issue between neighbors. He was concerned with Council adopting legislation that could not be enforced or would be selectively enforced. He encouraged Council not to adopt a regulation prohibiting quail because they were wild animals. Mike Mestres, Edmonds, objected to the Council spending time on what should be a neighborhood dispute. He noted problems such as drug dealers in neighborhoods were worthy of Council discussion but not quail. Roger Hertrich, Edmonds, pointed out quail were game birds regulated by the Washington Department of Fish and Game and hunting was allowed. He commented once fowl raised in a domestic situation where they were restrained in a cage/enclosure got loose, they were wild. He recommended the Council establish regulations for residents who raised domestic fowl. Ray Martin, Edmonds, advised in early July the 10 to 15 captive quail were released in their neighborhood. He described discovering quail on his property looking for food, commenting quail kept in captivity were domestic fowl and were at a severe disadvantage surviving in the wild. Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Plunkett asked whether there had been any discussion when the Council decided to prohibit chickens about requiring they be confined instead. Mr. Snyder commented the cat situation was mild compared with the furor that occurred when the Council limited the number of chickens; until the public hearing the Council was unaware how many residents kept chickens. He noted the chicken issue was a zoning discussion with regard to a non -conforming use right. Councilmember Dawson commented the ordinance was not attempting to regulate wild quail but rather quail raised in a domestic situation. Mr. Snyder agreed these provisions were aimed at the number of animals a person could have on their property. Councilmember Dawson clarified the ordinance proposed quail be treated the same as chickens, ducks, etc. and residents would be prohibited from raising them for eggs or meat. Mr. Snyder agreed. She asked how many chickens a resident could keep. Mr. Chave answered under the zoning ordinance, a resident was not allowed to keep any chickens unless they were grandfathered. Mr. Snyder summarized quail would be banned as poultry kept for meat or eggs. Councilmember Dawson asked if a grandfathering provision was also proposed. Mr. Snyder advised anyone currently keeping quail as of the date the ordinance is enacted would be grandfathered under the zoning ordinance. Councilmember Dawson commented that was consistent with grandfathering chickens. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF ORDINANCE, NO.3655. Councilmember Plunkett spoke in support of the motion, particularly with the grandfathering provision. Councilmember Dawson found it appropriate not to allow residents to raise chickens in their yard and appropriate to treat quail the same as other types of poultry. Councilmember Moore commented there were areas of the code that were arcane and archaic and this was an opportunity to improve it. Councilmember Orvis spoke in favor of the motion, noting consistency was the issue. Edmonds City Council Approved Minutes July 17, 2007 Page 6 Packet Page 120 of 217 Council President Olson commented this did not appear to be a large issue to most citizens. Councilmember Plunkett commented this issue was important to someone and it was important that it be resolved. MOTION CARRIED UNANIMOUSLY. The ordinance reads as follows: Ord# 3655 — end Code ORDINANCE NO. 3655 - AMENDING THE PROVISIONS OF EDMONDS CITY CODE, Definitions re: Domestic Fowl SECTION 5.05.010, DEFINITIONS, (M) RELATED TO DOMESTIC FOWL, AND THE ic EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.35.040. Six -Year 7. PUBLIC HEARING FOR THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM Transportation Improvement (2008-2013), PROPOSED RESOLUTION ADOPTING THE SIX -YEAR TRANSPORTATION Program IMPROVEMENT PROGRAM, AND DIRECTING THE SAME TO BE FILED WITH THE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. Mayor Haakenson advised the City received five emails from parents of Madrona Elementary School students in support of funding for the Madrona walkway. Traffic Engineer Bertrand Hauss explained RCW 35.77.010 and RCW 36.81.121 required that each city and county update their Transportation Improvement Program (TIP) by July 31 of each year and file a copy of the adopted program with the Washington State Department of Transportation (WSDOT). The TIP document is intended as a planning tool for local, state and federally funded projects and is utilized by the State, Puget Sound Regional Council, Transportation Improvement Board and other funding agencies to develop the state-wide TIP and prioritize projects for competitive funding. It is not required to show projects that are locally funded. However, the City of Edmonds has traditionally shown all anticipated or planned projects. The first three years of the TIP are required to be financially constrained. The last three years of the TIP, however, are not. Projects must be identified on the TIP to be eligible for State or Federal grants. Mr. Hauss noted approval and adoption of the TIP did not constitute Council approval of the proposed projects, the Council would have additional opportunities to review the projects such as during the update of the Transportation element of the Comprehensive Plan, when staff presents the draft CIP for adoption, during the budget summation, when staff requests authorization to call for bids or when bids are accepted. He advised one new project, a walkway near Madrona Elementary School, was added to the TIP for construction in 2011. He advised the walkway was included in the 2002 Walkway Plan and had a good chance of receiving grant funds due to its proximity to a school as well as linking existing sidewalks to SR104. He commented this project was ranked lower than it should have been in the Walkway Plan and deserved a higher priority. He referred to emails in support of including this project in the TIP. With regard to the SR 99 International District, Mr. Hauss made a correction to the federal funding for that project, advising it was $316,000 for 2008. He relayed staffs recommendation to approve the Six Year TIP and adoption of the resolution. Councilmember Marin asked whether the Madrona walkway was included in staff s recommendation. Mr. Hauss advised it was. Councilmember Moore welcomed Mr. Hauss to the staff and thanked him for his presentation. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes July 17, 2007 Page 7 Packet Page 121 of 217 Roger Hertrich, Edmonds, questioned the accuracy of the cost estimates particularly due to escalating construction cost in recent years. He raised questions with several projects: • Edmonds Crossing - does not include emergency access to the waterfront. • Downtown parking - what does $20,000 per year buy? • 196th/88th - how was the $200,000 project cost determined and did it represent the true cost? • 212th & Five Corners - $810,000 shown in 2012 for a roundabout. What does a signal cost? No grant funds shown for this project. • 9th & Casper - recalled the previous Traffic Engineer deemed this the most dangerous intersection in Edmonds, yet a roundabout is proposed. Would the State allow a roundabout? • Olympic View Drive/761h - another roundabout estimated to cost $610,000. Questioned whether the majority of the Council favored roundabouts. • 76th Walkway - $900,000 cost estimate, no grants shown for this project, no engineering costs identified • Madrona Walkway - no grants shown, grants are available from Walkway to Schools program. No engineering costs shown for this project. He encouraged the Council to total the project costs and determine whether the City had adequate funding for these projects. Mayor Haakenson advised Mr. Hertrich provided only five copies of his written comments. City Attorney Scott Snyder suggested the City Clerk copy the material for the record and the remaining two Councilmembers. Councilmember Dawson advised the materials contained the same information Mr. Hertrich described in his comments. Don Kreiman, Edmonds, displayed and described several photographs of dangerous walking conditions in the neighborhood surrounding Madrona K-8. He advised funds were available for walkways from the Safe Routes to Schools program; therefore, it was important to include this project on the TIP so that it was eligible for grant funds. Mayor Haakenson closed the public participation portion of the public hearing. For Councilmember Plunkett, City Engineer Dave Gebert advised Mr. Kreiman was speaking in support of including the Madrona walkway project in the TIP. Councilmember Plunkett inquired about grants for that project. Mr. Gebert advised staff would pursue grant opportunities for that walkway project. He recalled the City applied for grants for two walkway projects last year and received a $438,000 grant for the 9th/Caspers/Puget Drive walkway; staff determined the 76th walkway did not meet the criteria. With regard to Edmonds Crossing providing emergency access to the waterfront, Community Services Director Stephen Clifton advised that would be considered during the final design permitting phase. Councilmember Plunkett inquired about the $20,000 for downtown parking citywide, non -motorized. Mr. Gebert answered there were several project categories in the CIP and TIP used to fund unanticipated small project requirements such as traffic calming, minor signal improvements, downtown parking, etc. He acknowledged there were no specifics for those funds as they were used to address unanticipated projects as they arose. With regard to the 196th/88th project, Councilmember Plunkett recalled the Council appropriated funds for review of that intersection, commenting the $200,000 in the CIP/TIP was only a placeholder pending additional evaluation. Mr. Gebert agreed in later years the cost estimates were less well defined; in many instances six years out the estimates were only planning level or placeholders. A consultant has been hired to evaluate the 196th/88t1i intersection; the $200,000 was a placeholder as the scope of the solution was refined. Councilmember Plunkett commented on the importance of identifying projects in the TIP and funding placeholders in order to qualify for grants. Mr. Gebert acknowledged the cost estimates in later years Edmonds City Council Approved Minutes July 17, 2007 Page 8 Packet Page 122 of 217 were planning level and did not become budget numbers until the Council approved the annual capital budget. Usually by that time the design and costs were fairly well refined. Councilmember Plunkett referred to $810,000 for a roundabout at Five Corners in 2012. Mr. Gebert advised he had intended to change the project title to intersection improvement as it was unknown whether a roundabout would be the best solution. He advised staff would change roundabout to intersection improvements throughout the TIP. Councilmember Plunkett asked how the cost was determined. Mr. Gebert answered the previous Traffic Engineer developed that estimate. Councilmember Plunkett inquired about the $200,000 placeholder for the 196th/88th intersection improvements versus $810,000 estimated for the Five Corners intersection improvements. Mr. Gebert answered the $200,000 was likely to be low and in 2012 $810,000 likely would not be sufficient to improve that intersection. He assured as the projects moved closer, the costs were refined. With regard to Mr. Hertrich's questions whether the Council wanted to do these projects, Councilmember Plunkett commented this was a projected plan but the Council made the ultimate decision whether to proceed with each project. Mr. Gebert agreed, using the 76th walkway project as an example, and the presentation to the Council regarding phasing, the side of the street to locate the sidewalk, etc. He anticipated a similar process for other projects on the CIP/TIP. For Councilmember Dawson, Mr. Gebert explained the first three years of the TIP must be financially constrained - projected revenues identified to fund the projects, essentially what was in the CIP. The latter three years were not financially constrained and represented somewhat of a wish list. He acknowledged there were generally more projects in the latter three years of the TIP than in the latter years of the CIP because the CIP was entirely financially constrained, thus the CIP was more realistic. Councilmember Dawson observed the projects in the first three years were more likely to be accomplished and the projects in the latter three years were a wish list to allow the City to apply for grants. Mr. Gebert answered generally yes, however, 76th/Hwy. 99 was a high priority project and there was $75,000 in 2008 for preliminary engineering to develop sufficient scope and design detail to allow the City to apply for a grant; there was approximately $1.3 million in 2010 for construction. Councilmember Dawson asked if grants could be pursued for projects where grant funds were not identified. Mr. Gebert stated the most likely grant sources were identified in the CIP and TIP; however, if staff became aware of a grant opportunity, it would be pursued. Councilmember Dawson noted there were no grants for the 75th/76th walkway project. Mr. Gebert advised staff reviewed all grant opportunities and determined it did not fit the criteria or score high enough to obtain grant funds. Assistant City Engineer Don Fiene stated the walkways that scored well for grant funding were near schools. Mr. Gebert stated grant applications were submitted for the 164th walkway and the 9th/Caspers/Puget walkway as staff was hopeful they would score well; one did and the other did not. Councilmember Moore recalled talking to Congressman Inslee's Chief of Staff who was famous for obtaining federal funds and encouraged the City to contact Congressman Inslee's office to request project funds. She assured there were obscure funds available in the federal budget that the congressional office could assist the City in obtaining. Mr. Gebert commented staff generally pursued grants via grant programs. He welcomed the Council's assistance with identifying federal funds that were not available via structured grants. Councilmember Moore encouraged the City to notify Congressman Inslee what they wanted and to allow him to determine the source. Councilmember Dawson commented the City's focus with its federal lobbyist was on high profile projects such as Edmonds Crossing. She recognized Mr. Clifton who has done an outstanding job seeking out funding alternatives for Edmonds Crossing. Councilmember Moore commented the lobbyist did not find grant sources. She reiterated Congressman Inslee's office had encouraged the City to request assistance with funding projects. Edmonds City Council Approved Minutes July 17, 2007 Page 9 Packet Page 123 of 217 Councilmember Marin pointed out Congressman Inslee's office had been approached for funding for Hwy. 99 with support from staff. es# 1149 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO Six Year APPROVE THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM, ADOPT Transportation Improvement RESOLUTION NO. 1149 AND AUTHORIZE RECORDING OF THE DOCUMENTS BY THE Program CITY CLERK. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson declared a brief recess. ezone at 125 8. CLOSED RECORD REVIEW ON THE PLANNING BOARD'S RECOMMENDATION TO nd Ave N. APPROVE THE APPLICATION BY ROB MICHEL FOR A REZONE FROM RM-2.4 TO RM-1.5 FOR PROPERTY LOCATED AT 125 2ND AVENUE NORTH. (FILE NO. R-2007-15). As this was a quasi judicial matter, Mayor Haakenson asked whether any Councilmembers had any ex parte communications or conflicts to disclose. Councilmember Marin advised Mr. Michel contributed to his campaign in the past. Councilmember Plunkett advised he had received campaign contributions from the Jacobsons and from Mr. Michel. Councilmember Dawson advised Mr. Bernheim had contributed to her campaign but that would not influence her decision in this matter. Councilmember Orvis advised Mr. Bernheim had supported his current campaign and Mr. Michel had supported his campaign in the past. Councilmember Wambolt advised he received campaign contributions from the Jacobsons and from Mr. Bernheim. Councilmember Moore advised Mr. Michel had contributed to her campaign. Mayor Haakenson asked whether any parties of record objected to the participation of any Councilmember. There were no challenges voiced and Mayor Haakenson advised all Councilmembers would participate. He allotted Mr. Michel 10 minutes for his presentation. Planning Manager Rob Chave explained the Planning Board reviewed this application. He identified the subject property located at 125 2nd Avenue North on a vicinity map, explaining it was currently designated in the Comprehensive Plan as high density multi family and zoned RM-2.4. The adjoining properties are part of the downtown commercial core, single family to the west, multi family adjoining and lower density multi family further north. He displayed an aerial photograph identifying the property which was currently occupied by an older, non -conforming, 8-unit building. He explained the proposed rezone would increase the density of the property but only allow seven units. The Planning Board considered the staff report and the testimony and unanimously recommended approval. Councilmember Plunkett asked if the applicant planned to develop the site with apartments or condominiums. Mr. Chave suggested asking the applicant that question, noting the zoning controlled the number of dwelling units. Councilmember Plunkett referred to page 5, the Planning Board transcript, where Mr. Jacobson recommended rezoning the entire area to RM-1.5. He observed that had no impact on this application as Edmonds City Council Approved Minutes July 17, 2007 Page 10 Packet Page 124 of 217 that was not the applicant's request. Mr. Chave advised the City was required to respond to the application which was for this property. He noted the proposed zoning was consistent with the Comprehensive Plan. He suggested it may be appropriate for the City to study the current multi family zones as the only difference between RM-2.4 and RM-1.5 was the number of units; the setback, height, bulk requirements, etc. were the same. Councilmember Dawson recalled a reference in the record to an increase in density, commenting it was not actually an increase in density and was in fact a reduction in density. Mr. Chave answered it was an increase in density only with regard to what the zone currently permitted. Councilmember Dawson noted if the property were rezoned, there would not be an increase in density. Mr. Chave advised even if the existing building were demolished, either RM-2.4 or RM-1.5 zoning would not result in more units. Councilmember Dawson questioned the benefit if it did not result in increased density. Mr. Chave responded the assumption was a new building would be constructed and the change in zoning would allow more units than the RM-2.4 would otherwise permit. Councilmember Dawson asked whether the rezone would determine whether the building was demolished and a new building constructed. Mr. Chave was not certain; staff s understanding was the site would be redeveloped. City Attorney Scott Snyder suggested consideration be given to GMA which assumed anything non -conforming would be abated and densities in accordance with current zoning. Councilmember Dawson inquired about benefits other than an increase in density. Mr. Chave referred to testimony by Planning Board Chair Cary Guenther, an architect, who stated this building was at the end of its useful life and therefore its overall property value was less than a new building. Councilmember Dawson remarked the flipside of that argument was preservation of the existing building may provide more affordable housing. Mr. Chave referred to Mr. Guenther's statements on page 10 of the Planning Board transcript that the building was at the end of its useful life and renovation was questionable because it had not been built to last. Councilmember Dawson asked what Mr. Guenther's opinion was based upon. Mr. Chave advised it was based on his observations when visiting the site. Applicant Rob Michel, Edmonds, advised he would allow the record to speak for itself and reserve his time for rebuttal. Mayor Haakenson invited comment from parties of record. Jack Jacobson, Edmonds, advised he lived across the alley from this building. He questioned the statement that a 50-year old building could not be saved, noting the previous owners had done nothing to the building for the past 20 years. He pointed out RM-2.4 was put in as a buffer between RS-6 and RM- 1.5 and BC. If this rezone were approved, he questioned whether the applicant could sell the property as a 7-unit site which would increase traffic and density. He recommended eliminating RM-2.4 and rezoning the area to RM-1.5. Steve Bernheim, Edmonds, displayed the vicinity and zoning map, Attachment 1 to the staff report. He referenced page 4 of the record, noting two of the reasons by Mr. Schlumberger in support of the rezone were increased sustainability and increased affordability. Although Mr. Bernheim supported those concepts, he preferred they be approached from a Comprehensive Plan point of view not on a lot -by -lot basis, particularly when in this instance eight units would be demolished and replaced with 4-5 units. He did not believe the objective of sustainability and affordability would be realized by constructing 1-2 more units that the current zoning allowed. He referred to page 45 of the record, citing an erroneous legal basis via the statement that the recent implementation of the BC zone and its elimination of a third story severely reduces the feasibility of building new residences downtown. He disagreed, noting three stories were not allowed downtown. He questioned why the Council was even considering a rezone from RM- 2.4 to RM-1.5 as there was no justification in the staff report why RM-1.5 was preferable over RM-2.4. Edmonds City Council Approved Minutes July 17, 2007 Page 11 Packet Page 125 of 217 He pointed out there was value in not increasing the density due to the increased burden that RM-1.5 zoning would have on services. He concluded the proposal did not make a substantial contribution to affordability or sustainability. Rebuttal Mr. Michel referred to Mr. Bernheim's comments regarding sustainability, noting those were not criteria upon which the rezone was judged; the criteria was as listed in the staff report. He referred to the value criteria and their explanation of how the proposal met the value criteria on page 46 of the record. He stated there was more in value to the community than affordability, such as public health, safety and welfare, aesthetics, improved safety via new systems, ADA access, etc. He noted the building was constructed 55 years ago and the structure, plumbing, electrical were in poor condition, the units were small with a poor layout, and there was no ADA access to the second floor. The building was in poor condition and it was too expensive to rehabilitate it to bring it up to the current code. He noted affordability was discussed at the Planning Board, he referred to page 9 of the record, and Mr. Chave's comment that although affordability was an issue, the City could not control the number or price of units on a site. He referred to Mr. Guenther's testimony that the building was at the end of its useful life. Councilmember Dawson asked staff to comment on the existing Comprehensive Plan designation and the zoning of the site. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO EXTEND DISCUSSION OF THIS ITEM FOR TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Chave answered the Comprehensive Plan had two classifications of multi family - low and high. The zoning classifications that correspond to high density multi family residential are RM-2.4 and RM-1.5. The Comprehensive Plan designation for this property is multi family high density. The property owner has a choice of applying for RM-2.4 or RM-1.5. Councilmember Dawson asked whether the proposed RM-1.5 was consistent with the Comprehensive Plan. Mr. Chave answered yes and unless staff could determine a reason that RM-2.4 was preferable over RM-1.5, most applicants would choose the higher density. He explained the RM-2.4 and RM-1.5 zones were created in the early 80s before the current Comprehensive Plan was adopted. When the Comprehensive Plan was updated, the multi family zones were not revisited. He noted it may be appropriate to reconsider the multi family Comprehensive Plan designations; the Planning Board has expressed interest in doing that. The Mayor's Climate Control Committee could also be involved in that effort such as determining whether there were incentives that could be offered to achieve the purposes of the Comprehensive Plan. He noted currently it was difficult to distinguish between the two multi family zones as the height, bulk, setback, etc. were the same for both zones and the only difference was the number of units. He noted in an area where there was a solid transportation system like downtown, traffic was unlikely to be a determinant between RM-2.4 and RM-1.5. Councilmember Plunkett referred to comment that the City had failed to analyze the outcome of proceeding with RM-1.5 zoning; however, it had been analyzed because the Comprehensive Plan analyzed what zoning was suitable. Mr. Chave agreed, explaining the Comprehensive Plan considers a range of land use alternatives, zoning that would be applied, environmental impacts, etc. relative to utilities, services, density, projected population, etc. Therefore if zoning was applied consistent with the Comprehensive Plan, there should not be a need to reanalyze it. Councilmember Plunkett referred to the question why the entire area was not zoned RM-1.5. He asked whether the Council could make their decision based on what they wished the zoning would be. Mr. Snyder advised the Council was limited on this rezone to what was in the record and what had been Edmonds City Council Approved Minutes July 17, 2007 Page 12 Packet Page 126 of 217 advertised; rezoning additional property could be referred to the Planning Board. Councilmember Plunkett referred to the comment that the applicant could obtain the rezone and sell the property, asking whether the Council could consider the applicant's future actions in making a decision on the rezone. Mr. Snyder answered no unless it was germane to one of the criteria. He noted profit was only considered if it was property that remained undeveloped due to an inappropriate use category. Councilmember Dawson commented it was assumed this property would be redeveloped if it were rezoned. She commented the Council's decision may be easier if the building had already been demolished because that would eliminate the preservation issue. She acknowledged the property owner could demolish the building and then request a rezone. She suggested a future agenda item regarding how to make it easier for property owners to rehabilitate existing buildings and provide incentives for preserving existing housing. Mr. Chave answered that could also be considered by the Planning Board and Climate Control Committee when considering the multi family zones. COUNCILMEMBER MARIN, MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO UPHOLD THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REZONE APPLICATION. Councilmember Plunkett concluded the proposal met the criteria, RM-2.4 and RM-1.5 were consistent with the Comprehensive Plan, the bulk and setback requirements were identical, the use on the parcel would remain multi family which was consistent with the surrounding area, it was consistent with changes in the area, the property was economically and physically suitable, the value/public benefit met GMA, and it would replace a deteriorated 1950s with a building that meets all safety codes. Councilmember Marin acknowledged Councilmember Dawson's concerns and agreed with the need to consider housing affordability. He pointed out some buildings were built to last and others were not. He acknowledged one of the difficulties with a remodel was the requirement to bring the building up to the existing code. Councilmember Wambolt commented this was not a building with architectural features that should be preserved. It was a non -conforming building with eight units that if redeveloped would have fewer units and be consistent with the current code. MOTION CARRIED UNANIMOUSLY. [Rezone at 318- 9. CLOSED RECORD REVIEW ON THE PLANNING BOARD'S RECOMMENDATION TO 320 walnut St. APPROVE THE APPLICATION BY ROB MICHEL FOR A REZONE FROM RM-2.4 TO RM-1.5 FOR PROPERTY LOCATED AT 318-320 WALNUT STREET. (FILE NO. R-07-28. As this was a quasi judicial matter, Mayor Haakenson asked whether any Councilmembers had any ex parte communication or conflicts to disclose. Councilmember Moore disclosed Mr. Michel had contributed to her campaign. Councilmember Wambolt disclosed Mr. Bernheim had contributed to his campaign. Councilmember Orvis disclosed Mr. Bernheim had contributed to his current campaign and Mr. Michel had contributed to his past campaign. Councilmember Dawson disclosed Mr. Bernheim had contributed to her campaign in the past. Councilmember Plunkett disclosed he had received campaign contributions from Mr. Michel in the past. Edmonds City Council Approved Minutes July 17, 2007 Page 13 Packet Page 127 of 217 Councilmember Marin disclosed Mr. Michel contributed to his campaign in the past. Mayor Haakenson asked whether any parties of record objected to the participation of any Councilmember. There were no challenges voiced and Mayor Haakenson advised all Councilmembers would participate. He allotted Mr. Michel 10 minutes for his presentation. Planning Manager Rob Chave advised this was a rezone from RM-2.4 to RM-1.5. He identified the site, 318-320 Walnut Street on a vicinity map, indicating the entire area was designated high density multi family in the Comprehensive Plan, was adjacent to a commercial area and was surrounded by large scale multi family development. The property around the site was zoned RM-1.5 with the exception of a property to the west zoned RM-2.4. He noted the adjacent property to the south was an older high density building with 42 units. He identified the site on an aerial map, advising there were three dwelling units on one property and two on the other for a total of five. The application would increase the potential density to a total of nine dwelling units. The applicant has completed a SEPA review and had ADB design approval for a building with 5-7 units. At the Planning Board they voiced their intent to proceed with seven units. He acknowledged the applicant could choose to redesign or sell the property. He concluded in this location there were no negative impacts of a rezone from RM-2.4 to RM-1.5. Councilmember Dawson referred to testimony regarding getting rid of substandard property and questioned what substandard property meant, noting it seemed to imply that new was better. She referred to Planning Board Chair Guenther's comment on page 7 that appeared to imply that older housing was worse and newer housing was better. Councilmember Dawson commented the only evidence of public benefit was the opinion that older housing was not as good. Mr. Chave pointed out the Planning Board found a benefit of additional dwelling units downtown to support the commercial vitality of downtown. Applicant Rob Michel, Edmonds, advised he would allow the record to speak for itself and reserve his time for rebuttal. Mayor Haakenson invited comment from parties of record. Steve Bernheim, Edmonds, commented approving the proposed zoning would reduce the diversity of housing stock. He reiterated there was no distinction between RM-2.4 and RM-1.5 and no support that a higher density was better. Although he supported higher density and the sustainability of downtown, he wanted it done for the right reasons and not lot -by -lot. He commented from a citizen's point of view, the Council was handing these property owners a benefit at no charge. He preferred the City provide incentives such as energy efficiency, sidewalks, open space, etc. in exchange for higher densities. Rebuttal Mr. Michel referred to benefits outlined in the record that included under -structure parking, access via the alley which would eliminate curb cuts on 4th and on Walnut, and increased on -street parking. Councilmember Orvis commented as currently zoned, the site could be developed with five units versus nine if zoned RM-1.5. Mr. Chave agreed, noting the applicant had an ADB and SEPA approval for up to seven units. The site was currently developed with five units. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER MARIN, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO UPHOLD THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REZONE APPLICATION. In response to Mr. Bernheim's comment regarding providing incentives for rezone, Councilmember Moore supported that concept, however, the Council could not do that on this application. She found the Edmonds City Council Approved Minutes July 17, 2007 Page 14 Packet Page 128 of 217 proposal adhered to GMA policies, met the GMA housing goals, fit within the surrounding uses, was suitable and met the value criteria. Councilmember Orvis spoke against the motion, commenting if allowing additional units on a site was required to get buildings upgraded, the entire City would be rezoned eventually which was contradictory to the changes, suitability and surrounding area criteria. Councilmember Marin spoke in favor of the motion, noting there were many requirements a developer must meet currently. He supported having the Planning Board consider the multi family zoning but cautioned against requiring sustainability as he was hesitant to mandate sustainability in private buildings. Councilmember Wambolt spoke in support of the motion. In response to Mr. Bernheim, he noted the benefit of the rezone and subsequent new construction which would be more energy efficient than the existing homes that were constructed in 1946 and 1966. Councilmember Plunkett commented in a quasi judicial hearing the Council could not consider what should be, only whether the applicant met the criteria with their proposal. He found the applicant met the criteria under the existing code, zoning and Comprehensive Plan. MOTION CARRIED (6-1), COUNCILMEMBER ORVIS OPPOSED. 10. AUDIENCE COMMENTS Tern Limits Roger Hertrich, Edmonds, requested the Council consider term limits for Boards and Commissions as well as the City Council and the Mayor. Council President Olson cautioned him to avoid campaign Meeting Cancellations I issues. Next, Mr. Hertrich commented he could not recall a Council meeting being cancelled when he was on the Council and he objected to giving the Council President that power. Council Rules 11. DISCUSSION OF CITY COUNCIL RULES OF PROCEDURE INCLUDING: (1) of Procedure CANCELLATION OF MEETINGS, (2) EXECUTIVE SESSIONS, (3) GOVERNMENT ACCESS CHANNEL 21, AND (4) COMMITTEE ASSIGNMENTS. Council President Olson explained these issues were discussed at the recent Council retreat. Cancellation of Meetings Council President Olson did not envision this occurring very often, noting it occurred in the past due to the loss of the Police Chief. As it was not possible to talk to each Councilmember because that was considered a rolling quorum, there needed to be a way to cancel Council meetings. Councilmember Marin was satisfied with delegating that authority to the Council President. Councilmember Plunkett agreed. Councilmember Dawson envisioned it would be a rare occurrence for the Council President to exercise his/her authority to cancel a meeting. She acknowledged two meetings were cancelled earlier this year due to Police Chief Stem's sudden illness and subsequent memorial service. She found it inappropriate to require staff and/or Council to attend a meeting under those circumstances. She remarked it was a waste of public resources to schedule a meeting if there was no business as each Councilmember was paid, some staff members were paid, etc. She concluded it was appropriate to delegate that authority to the Council President. Councilmember Moore commented the proposed method was more efficient. She noted a Council President who cancelled meetings that the Council did not want to have cancelled would answer to the Council. Edmonds City Council Approved Minutes July 17, 2007 Page 15 Packet Page 129 of 217 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO Cancellation of s6s6 ADOPT ORDINANCE NO. 3656. MOTION CARRIED UNANIMOUSLY. The ordinance reads as Cancellation Council follows: Meetings AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE, CHAPTER 1.04 COUNCIL MEETINGS TO ADD A NEW SECTION 1.04.140 CANCELLATION OF MEETINGS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Executive Session Councilmember Plunkett advised he requested a resolution be prepared regarding Executive Sessions. He recalled during the discussions of the park in south Edmonds over the past year, there was some confusion regarding what information was and was not Executive Session, whether the Council should discuss certain issues in Executive Session and in at least one instance the confidentially of an Executive Session was broken. The intent of the resolution was to identify a way for the Council to reach a consensus regarding when to break the confidentially of an Executive Session. He advised this resolution would accomplish two purposes, 1) if a Councilmember believed an Executive Session was taking place that should not, they could propose a motion to end the Executive Session and the Council could have discussion and make a determination during the public meeting, and 2) prevent any one member from revealing information that other Councilmembers believed was protected by Executive Session. Councilmember Dawson commented the resolution did not appear to address Councilmembers questioning whether the Council should be in Executive Session; she agreed it was appropriate for Councilmembers to have the ability to question whether a topic should be discussed in Executive Session. She noted the draft resolution also addressed the dissatisfaction expressed at the retreat with the way meetings were handled, the way Councilmembers were recognized and the number of times each Councilmembers could speak. Councilmember Moore agreed the resolution did not appear to provide Councilmembers a way to question an inappropriate Executive Session. City Attorney Scott Snyder advised a Councilmember could always leave an Executive Session that they felt was inappropriate. He noted the City kept minutes of Executive Session to satisfy the public at a future date that the Council discussed the appropriate issue. He explained the Council could reach consensus in Executive Session. If the Council agreed to discuss an issue in the open meeting, they could come out of Executive Session and make a motion to have the issue placed on a future agenda and/or request information be released. In the absence of a motion, the confidence of the Executive Session would be observed. He noted the resolution did not address the appropriateness of a subject for Executive Session because that was addressed in state law. Councilmember Plunkett recalled there were Councilmembers who revealed information that the Council had agreed should not be disclosed. His intent was to develop rules so that all Councilmembers had the same understanding. Mr. Snyder agreed, noting release of confidential Executive Session information was a crime and a potential basis for forfeiture of office. The resolution was intended to establish an orderly way to decide when Executive Session privilege ended. He concluded Executive Session information remained confidential as long as the Council felt it should remain confidential. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, TO SCHEDULE APPROVAL OF RESOLUTION NO. 1150 ON A FUTURE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO EXTEND THE MEETING TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Committee Assignments Council President Olson explained in the past some Council committee meetings were paid and others were not; in assigning committees, it seemed more prudent to simply pay Councilmembers for a Edmonds City Council Approved Minutes July 17, 2007 Page 16 Packet Page 130 of 217 maximum of four meetings per month. Councilmember Dawson commented there were some committees that Councilmembers attended that were not Council appointments. Council President Olson clarified it would only be official meetings of the committees to which Councilmembers were assigned. Mr. Snyder advised the Council must have a fixed compensation during their term of office. He recalled a cap on payment for meetings was instituted previously. Senior Executive Council Assistant Jana Spellman offered to email Councilmembers the list of meetings eligible for payment. Government Access Channel 21 Councilmember Plunkett asked whether the proposed policy included the Mayor. Mr. Snyder answered the policy did not apply to the Mayor. He explained the Council currently had no rule with regard to allocation of assets. With regard to the use of City facilities such as Channel 21 or a room, each Councilmember was free to use them as long as they did not violate State law. The issue arose due to a question regarding a Council meeting versus a meeting called by a Councilmember and whether there should be a distinction for the use of Channel 21 or other assets. If no change was made, all Councilmembers had access to those facilities/resources. Councilmember Plunkett preferred the policy apply to any elected official. He also preferred a majority of the Council determine whether a meeting would be publicized on Channel 21. He clarified he was not suggesting meetings Councilmembers held were anything other than constituent meetings. Councilmember Dawson agreed with Councilmember Plunkett that the Council should establish a policy regarding what information was publicized on Channel 21. Councilmember Dawson acknowledged Councilmembers frequently announced events at Council meetings that were broadcast on channel 21; those announcements could be viewed as advertisements. She recommended announcements be a legitimate use of the Council's time and not a campaign related event. Councilmember Dawson noted rules were often applied differently during campaign season such as the Mayor's newspaper column was not appearing during campaign season. She suggested the Council could establish a policy that they would not allow anyone to display information that even vaguely appeared to be a political campaign. Councilmember Moore commented this was the result of three constituent meetings she asked be advertised on Channel 21. She emphasized they were constituent meetings and not campaign meetings. She pointed out Mayor Haakenson announced his constituent meetings on Channel 21 and in Council Chambers. She viewed Channel 21 as a way for the Council to communicate with the public and encouraged Councilmembers to use this tool to communicate with the public but not to campaign. She commented it was advantageous to the public to learn a Councilmember would be available at a particular location to listen to their questions/concerns. She encouraged Councilmembers to have a constituent meeting to take public input regardless of whether it was an election year. She preferred the Council use Channel 21 to inform the public rather than being scared someone would use it to their advantage. Councilmember Plunkett stated he believed Councilmember Moore's use of Channel 21 was equal to the Mayor's use, and equally appropriate. Councilmember Marin commented once a Councilmember announced they were running for election, Councilmembers and the Mayor should be cautious about anything that could be construed as inappropriate use of City facilities to avoid criticism. Councilmember Plunkett preferred a more structured policy. He noted it was difficult to avoid criticism without a policy that established a bright line. Councilmember Orvis commented his Councilmember page on channel 21 containing his picture and his name gave him an advantage during the election. He suggested during campaign season the Edmonds City Council Approved Minutes July 17, 2007 Page 17 Packet Page 131 of 217 Councilmember's page be replaced by a page for each position that contained the name, picture and contact information for the incumbent as well as the challengers. He noted this would even the playing field and not give incumbent Councilmembers an advantage via their page on Channel 21. He noted this would be similar to a Channel 21voter pamphlet. He summarized this would keep the playing field level, provide information to the voters and reduce the effect of special interest. Council President Olson asked whether campaigning was allowed on Channel 21. Community Services Director Stephen Clifton disagreed with Councilmember Orvis' proposal, explaining Councilmembers' pages on Channel 21 provided a service to the public, informing them who the Councilmembers are and the committees they served on. He viewed the inclusion of an opponent's name, picture and contact information as a campaign purpose. Mr. Snyder explained the issue for the Public Disclosure Commission was whether communications or the use of city facilities was part of the normal and usual function of an office. Speaking with constituents and being accessible to the public were a fundamental part of the office; anything that facilitated communication with a Councilmember whether it was the use of the telephone, website or Channel 21, was definitely part of the normal function of the position. He envisioned a way could be determined to do what Councilmember Orvis suggested because the City was allowed to provide factual information. He was hesitant about having a link to a candidate's website. He noted a similar policy would need to be established for the City's website. Councilmember Moore commented Councilmember Orvis' idea was brilliant as it provided a public service and encouraged more people to engage in the civic process. She suggested rather than having debates between candidates, providing each candidate five minutes of air time on Channel 21. She noted this was an asset to the public and leveled the playing field. Councilmember Dawson commented many cities had video voters guides, that may be something worthwhile to explore in the future although there were issues with who did the video taping, etc. She preferred to establish a candidate page in addition to the Councilmember's page, citing Snohomish County as an example where two Councilmembers were term limited and could not run for office, yet their contact information needed to be available to the public. Councilmember Wambolt suggested scheduling further discussion regarding the use of Channel 21 on a future agenda. Although he supported a video voter's guide, Councilmember Plunkett remarked Councilmember Orvis' proposal encumbered a Councilmember's highest responsibility which was to serve the people of Edmonds. He pointed out the importance of displaying each Councilmember's page with their contact information and the committees they served on. He suggested referring this issue to the Community Outreach Committee. 12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS Community/ Community Services/Development Services Committee Development Services Councilmember Marin reported the Committee discussed plug-in hybrid cars and charging stations and Committee directed Public Works to investigate the concept of providing a plug-in for electric vehicles including cost estimates, alternatives, experience of other jurisdictions and the possible costs of a short term lease for an electric vehicle and report back to the committee at their next meeting. A discussion on building permit application timelines was postponed to a special CS/DS Committee meeting on July 26 at 7:00 p.m. He encouraged people attending that meeting to bring suggestions. finance iFinance Committee Committee Councilmember Wambolt reported the Committee discussed judicial salary certification for State funding reimbursement and Judge Fair provided Committee members background information on the history of Edmonds City Council Approved Minutes July 17, 2007 Page 18 Packet Page 132 of 217 the Judge's compensation. It was the consensus of the Committee to forward a recommendation to negotiate the salary term of the contract to keep the City eligible for court improvement account funds to the full Council as a consent item. Councilmember Wambolt reported the Committee then discussed the Interlocal Agreement with Edmonds School District for the School Resource Officer which provides for a 50% salary reimbursement. Committee members recommended approval and this item was approved as Consent Agenda Item E this evening. rublic safety Public Safety Committee o cmmittee Councilmember Dawson reported the Committee reviewed a draft graffiti ordinance. The Committee agreed some of the issues contained in the ordinance were inappropriate for Edmonds such as requiring businesses to keep graffiti implements behind the counter, not sell graffiti implements to minors, etc., but should be forwarded to the full Council for a public hearing. A public hearing will be held in August. She noted Snohomish County was hosting a graffiti summit on July 26 at 8:30 a.m. She asked Mayor Haakenson to have staff attend and encouraged any interested Councilmembers and/or the public to attend. The next item the Committee discussed was the judicial salary certification for State funding reimbursement. She explained for the City to be eligible for State reimbursement, the Municipal Court Judge must be an elected position and the salary must be equivalent to 95% of a District Court Judge's salary prorated by the number of hours worked. Raising the Municipal Court Judge's salary would result in a net financial gain to the City in 2007 but due to uncertainty with the reimbursement in the future, that may not be the case in 2008. The City Attorney confirmed the salary could be reduced if the reimbursement was not available and the Committee recommended an ordinance establishing a base salary be scheduled on a future Consent Agenda. The final item, request for a contract amendment from the City Prosecutor, was pulled from the agenda with a recommendation that staff negotiate with the City prosecutor on any contractual issues and schedule the matter on a future Committee agenda if necessary. 13. MAYOR'S COMMENTS Mayor Haakenson had no report. 14. COUNCIL COMMENTS concerts in the I Council President Olson wished Mayor Haakenson a belated Happy Birthday on July 14. She reminded ark the public of the Concerts in the Park at 3:00 - 4:00 in City Park, announcing this weekend's performer would be Merchant of Venice. Councilmember Dawson commented in response to a suggestion during audience comments regarding oards/ Boards/Commissions term limits, explaining term limits may have been eliminated due to State Commissions Term limits requirements of the LEOFF 1 Disability Board that requires members be Police and Fire LEOFF 1 members. She pointed out there were few remaining LEOFFI members who were willing to serve on this Board and there was a fairly steep learning curve. If term limits were established for that Board, the City may be unable to meet the State's requirements. With regard to other Boards/Commissions, the Council always had the ability not to renew a member. Councilmember Dawson also suggested discussion be scheduled on a future agenda regarding the Council's involvement in making appointments to Boards/Commissions rather than confirming the Mayor's selection. 15. ADJOURN With no further business, the Council meeting was adjourned at 10:56 p.m. Edmonds City Council Approved Minutes July 17, 2007 Page 19 Packet Page 133 of 217 AM-1136 Proposed Rezone Ordinance R-2007-28 Edmonds City Council Meeting Date: 08/20/2007 Submitted By: Duane Bowman Time: Department: Development Services Type: Review Committee: Action: Approved for Consent Agenda Tnfnrm n+inn Consent Action 2.F. Subject Title Proposed Ordinance rezoning property located at 318 - 320 Walnut Street from RM-2.4 to RM-1.5 (File R-2007-28). Recommendation from Mayor and Staff Adopt the proposed ordinance. Previous Council Action On July 17, 2007, the City Council approved the proposed rezone and directed staff to prepare the necessary ordinance. Narrative This is an application by Michel Construction for a rezone from RM-2.4 to RM-1.5 for property located at 318-320 Walnut Street. The Planning Board held a public hearing on the subject application on May 23, 2007, and after deliberation, voted unanimously to recommend that the City Council approve the change in zoning. Fiscal Impact Attachments Link: Exhibit 1 - Proposed rezone Ordinance Link: Exhibit 2 - 71707 City council minutes Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Duane Bowman Final Approval Date: 08/16/2007 Form Routing/Status Approved By Date Status Linda Hynd 08/15/2007 05:29 PM APRV Gary Haakenson 08/15/2007 05:36 PM APRV Linda Hynd 08/16/2007 09:02 AM APRV Started On: 08/15/2007 05:04 PM Packet Page 134 of 217 0006.900000 WSS/gjz 7/24/07 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 318 - 320 WALNUT STREET FROM RM-2.4 TO RM-1.5 AUTHORIZING AMENDMENT OF THE ZONING MAP, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, a closed record review was held by the Edmonds City Council on the recommendation of the Planning Board to approve the rezone of certain real property described in File No. R-2007-28 from RM-2.4 to RM-1.5; and WHEREAS, for its Findings of Fact, the City Council hereby adopts as its Findings of Fact and Conclusions of Law the Findings, Conclusions, and attachments set forth in the staff report presented to the Planning Board at its meeting of May 23, 2007 and shown at pages 10 through 18 of the City's Council Packet of July 17, 2007; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Based upon the adopted Findings and the recommendation of its Planning Board, as well as the presentation of the parties of record at its closed record review, the City Council hereby finds it to be in the public interest and consistent with the provisions of City ordinance to rezone certain real property addressed as 318 - 320 Walnut Street, Edmonds, Washington, more fully described on the attached Exhibit A and in File No. R-2007-28, from RM-2.4 to RM-1.5. The Development Services Director or his designee is hereby authorized to amend the official zoning map of the City to reflect this change. {wss668866.Doc;1/00006.900000/) - I - Packet Page 135 of 217 Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: C W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {wss668866.Doc;1/00006.900000i) - 2 - Packet Page 136 of 217 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2007, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 318 - 320 WALNUT STREET FROM RM-2.4 TO RM-1.5 AUTHORIZING AMENDMENT OF THE ZONING MAP, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 92007. CITY CLERK, SANDRA S. CHASE {wss668866.Doc;1/00006.900000/}- 3 - Packet Page 137 of 217 EDMONDS CITY COUNCIL APPROVED MINUTES July 17, 2007 Following a Special Meeting at 6:45 p.m. to interview a candidate for the Lodging Tax Advisory Committee, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Peggy Pritchard Olson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauri Moore, Councilmember Deanna Dawson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Al Compaan, Acting Police Chief Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Rob Chave, Planning Manager Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Bertrand Hauss, Traffic Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: oll Call A. ROLL CALL pprove 6i26i07 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 26, 2007. Minutes APPROVAL OF CLAIM CHECKS #97251 THROUGH #97415 FOR JUNE 28, 2007 IN [ApprovC. Claim Checks THE THE AMOUNT OF $553,924.67. APPROVAL OF #97419 THROUGH #97437 FOR JULY 3, 2007 IN THE AMOUNT OF $196,367.70. APPROVAL OF #97438 THROUGH #97668 FOR JULY 12, 2007 IN THE AMOUNT OF $446,427.64. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #45059 THROUGH #45162 FOR THE PERIOD OF JUNE 16 THROUGH JUNE 30, 2007 IN THE AMOUNT OF $840,632.63. Claims for amages D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM LINDA KRAMER- LIND (AMOUNT UNDETERMINED), AND MICHAEL JORDON ($4,569.26). School Resource E. SCHOOL RESOURCE OFFICER INTERLOCAL AGREEMENT WITH EDMONDS Officer SCHOOL DISTRICT. Edmonds City Council Approved Minutes July 17, 2007 Page 1 Packet Page 138 of 217 Ord# 3654 F. ORDINANCE NO. 3654 — AMENDING THE PROVISIONS OF ECDC 21.40.030 HEIGHT, Repeal ECDC 1.40.030(C)(1) (C) HEIGHT EXCEPTIONS TO REPEAL SUBSECTION (1) RELATED TO A NONEXISTENT ZONE. Lodging Tax 3. CONFIRMATION OF CITY COUNCIL APPOINTMENT OF JOE MCIALWAIN TO LODGING Advisory Committee TAX ADVISORY COMMITTEE. Appointment Mayor Haakenson advised the Council interviewed Mr. McIalwain prior to tonight's meeting. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO APPROVE MAYOR HAAKENSON'S RECOMMENDATION TO APPOINT JOE MCIALWAIN TO THE LODGING TAX ADVISORY COMMITTEE. Councilmember Marin commented Mr. McIalwain was very qualified and had put his heart and soul into the community. MOTION CARRIED UNANIMOUSLY. ublic Facilities 4. APPOINTMENT OF EDMONDS PUBLIC FACILITIES DISTRICT BOARD MEMBER TO FILL istrict Board VACANCY. ppomtment Edmonds Center for the Arts Executive Director Joe McIalwain explained two of the original members of the Edmonds Public Facilities District Board, Kay Mahaffey and Jan Conner, recently stepped down from their positions. Each played an important role of the development of the PFD and saw the project through the renovation and grand opening of the Center. The PFD accepted applications and conducted interviews of several qualified candidates and recommended the appointment of Bob Rinehart. Mr. McIalwain described Mr. Rinehart's background. Mr. Rinehart commented he came to Edmonds wanting to be a part of the community. He viewed serving on the PFD Board as an honor. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ACCEPT THE NOMINATION OF BOB RINEHART TO THE EDMONDS PUBLIC FACILITIES DISTRICT BOARD. Councilmember Moore commented Mr. Rinehart "hit the ground running" when he moved to Edmonds, was a leader in the community and was very well suited to serving on the PFD Board. MOTION CARRIED UNANIMOUSLY. Vacate Portion 5 PUBLIC HEARING REGARDING THE PROPOSED VACATION OF A PORTION OF THE of Right -of - Way Adjacent PUBLIC RIGHT-OF-WAY ADJACENT TO 17008 - 77TH PLACE WEST, EDMONDS. 0 17008 - 77th l W Councilmember Plunkett asked whether a vacation was a legislative action. City Attorney Scott Snyder answered yes, explaining there were certain limitations on the amount the Council could require if the vacated property was originally dedicated by the party now requesting the vacation but that was not applicable in this case. Planning Manager Rob Chave explained this was an application to vacate public right-of-way within a recently approved Planned Residential Development (PRD). The owners of Lot 7 were interested in a vacation of an area on the northern boundary of their property to allow expansion of their footprint and build a deck which they would be unable to accomplish without the vacation. He explained the public Edmonds City Council Approved Minutes July 17, 2007 Page 2 Packet Page 139 of 217 right-of-way contained two on -street parking spaces. He relayed Engineering's finding that they anticipated no potential use of this property. Mr. Chave explained the property appraisal used a very different method and arrived at a much lower valuation; typically a per square foot value was developed and applied to the property. Staff contacted the appraiser who verified it was an appropriate appraisal. Councilmember Wambolt asked who paid the cost of the appraisal. Mr. Chave answered the applicant. Councilmember Wambolt referred to the ordinance that states the maximum compensation that could be required was one half the appraised value, inquiring whether that practice was always followed. Mr. Snyder advised that was the limit under State statute. Councilmember Wambolt asked whether the Council had any latitude with regard to how the property was appraised. Mr. Snyder answered the Council would need to make a finding that the value was properly established. Mr. Chave advised staff included two other appraisals in the packet as examples. Mayor Haakenson opened the public participation portion of the public hearing. Don Wills, Edmonds, the proponent of the request, explained when staff instructed them to have the property appraised, he researched appraisers via the internet and selected one located in Bothell. With regard to the City's usual method of a square footage valuation, he pointed out the amount of land was 560 square feet, an amount commonly referred to as an uneconomic remainder. He noted the discrepancy in the valuation was due to the limited amount of land available. He inquired about the process if the Council determined their appraisal was incorrect and whether there was any ability to negotiate. Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Moore asked staff to clarify the process. Mr. Snyder answered the Council was required to make a finding that the vacation was in the public's interest. Typically there were two considerations, whether the City needed the property for another purpose and whether citizens received a reasonable benefit from the vacation. The Council was free to negotiate if they did not feel the appraisal fairly represented the fair market value of the property. Councilmember Dawson commented it appeared this was the first time this issue had arisen as appraisals were typically done in the manner Mr. Chave described. She asked whether consideration had been given to establishing a policy for future dedications regarding how appraisals would be done. Mr. Chave stated typically appraisers utilized the square footage method versus this method which resulted in a much lower value. He referred to the appraisal examples in the packet, noting the Council often reduced the property value. He agreed it may be appropriate to establish a standard appraisal methodology. Councilmember Dawson observed if the Council rejected the appraisal, the options were to require the applicant to have a second appraisal done or for the City to have their own appraisal done. If the Council wanted a second appraisal, Mr. Chave suggested the City have their own appraisal done. Councilmember Dawson asked the approximate cost of an appraisal. Mr. Chave relayed Mr. Wills' comment that the estimates they received were $400 - $1200, they paid $400 for this appraisal. Mr. Chave commented most appraisals were more expensive than that. Councilmember Dawson asked the difference between the appraisals. Mr. Chave answered appraisals of similar property ranged from $4 to $11 per square foot. He noted another concern with this appraisal was it referenced property outside the area that he did not feel was comparable. Councilmember Marin observed the applicant appeared to have followed the City's process. Edmonds City Council Approved Minutes July 17, 2007 Page 3 Packet Page 140 of 217 Mr. Wills stated the reason they were requesting the vacation was the City determined a window seat on the back of the house encroached into the setback. He noted they already removed the deck and French doors from the house and were told at final inspection for occupancy they had to remove the window seat. He explained they had approved plans for all the changes that were made and they had been inspected; however, on November 16, 2006 the Planning Department determined there was an encroachment. He noted this was the first knowledge they had of it, acknowledging the builder may have been aware. Mr. Snyder explained property was usually vacated when the City identified unusable right-of-way and wanted to eliminate the City's liability for that property and return the property to the tax rolls. What was unusual about this appraisal was, although it provides a square foot value, it used unimproved property which does not determine fair market value. He noted the unique value of the right-of-way to this property tended to skew how fair market value was determined. The Council had discretion to negotiate, determine it was not in the public's best interest to proceed, or send it back procedurally. He commented likely what would be gained by another appraisal would be lost in the price paid for the property. Mayor Haakenson commented the Wills had already paid the City $1525 for the street vacation. For Councilmember Dawson, Mr. Chave advised the initial appraisal was revised to be slightly higher at $3 per square foot for a total appraised value of $1680 and Council could require payment of half that amount. Mr. Snyder explained the Council could determine fair market value; the appraisal was to provide a basis for the public benefit. If the Council felt the value was higher, the Council could make that determination. Councilmember Dawson summarized the Council could find the property was worth more than the appraisal indicated. She noted the property owner had offered to pay $1400 and asked whether the Council could make a finding that the value was $3000 and require payment of $1400. Mr. Chave agreed that would be appropriate. Mr. Chave agreed the vacation would add value to the property and result in additional taxes for the City. Councilmember Moore referred to the applicant's indication that the plans were approved and then later an encroachment was identified. Mr. Chave recalled the building permit was approved when the plans showed it as a chimney which was allowed to encroach into the setback. When the structure was finished and inspected, it was no longer a chimney but livable space which was when the issue of encroachment arose. Councilmember Moore asked the difference between a vacation request and an encroachment permit. Mr. Chave answered the City would never allow part of a building to encroach, only things that were easily removable and would not be a hindrance should the City decide to develop the right-of-way. Mr. Snyder explained an encroachment permit was for something in the right-of-way, this was for encroachment into the setback. He noted a variance would not be permitted as it was due to the action of the owner/builder. Councilmember Wambolt pointed out this was an example of a builder putting too much home on too little land; there was no room for a deck on three sides of the home. Although the vacation was a small piece of land, 540 square feet, it represented more than 10% of the 4,792 square foot lot. He noted for tax purposes the property was appraised at $300,000 or $62.60 per square foot. This property was far more valuable to the buyer than the City and would significantly enhance the value of the property to the buyer. Mayor Haakenson remanded to Council for action. Councilmember Dawson found the vacation was in the best interest of the public. She also found based on the record that the value of the property was at least $3,000 and the property owner had offered to pay $1400. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO VACATE THE RIGHT-OF-WAY AND ACCEPT THE OFFER OF $1400 FOR THE VACATED LAND. Edmonds City Council Approved Minutes July 17, 2007 Page 4 Packet Page 141 of 217 Councilmember Wambolt spoke against the motion, finding it was not a fair return to the City and was a windfall for the property owner. He preferred to develop a fair market value using the usual method. Councilmember Dawson commented the City did not have a standard appraisal method. If the City obtained a second appraisal, the cost likely would exceed the amount the property owner would pay. She found it was not in the city's best interest to seek a second appraisal. She noted in the past the City has vacated property for substantially less than the appraised value; in one example property was appraised for $8,000 and the Council accepted payment of $1500. Councilmember Marin spoke against the motion, preferring to accept half the value determined by the appraisal due to the property owner acting in good faith. Council President Olson commented the proposed solution was win -win for the property owner and the City. Councilmember Wambolt commented this would motivate builders to continue building substandard PRDs and then wait for the City to bail them out. He pointed out this home would be far more expensive on a larger parcel. MOTION CARRIED (5-2), COUNCILMEMBERS WAMBOLT AND MARIN OPPOSED. Mayor Haakenson commented this was the first time an appraisal had been submitted using this methodology; all others had used the other method. He asked whether the Council could direct staff to require that methodology. Mr. Snyder advised staff could establish parameters for appraisals. He explained the appraisal was intended to provide a piece of evidence for the Council's decision; prior to requiring appraisals, the Council used a square footage percentage of assessed valuation. It was the consensus of the Council to have staff develop language regarding a standard appraisal practice. Mayor Haakenson urged the Wills to take action against their builder as the plans were approved for one thing and he built something else. end Code 6. PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE PROVISIONS OF Definitions: Fowl Domestic FEDMONDS CITY CODE, SECTION 5.05.010, DEFINITIONS, (M) RELATED TO DOMESTIC FOWL, AND THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.35.040. Councilmember Wambolt recalled the ordinance regarding cats was precipitated by cats attacking a neighbor's quail. A question then arose why quail were not included in the definition of domestic fowl which he recalled City Attorney Scott Snyder indicated was an oversight. A decision was made to hold a public hearing to invite public comment on the addition of quail to the definition of domestic fowl. For Councilmember Dawson, Mr. Snyder stated the definition of fowl had been in the ordinance for many years. Apparently the definition was developed using the most common domestic fowl, chickens, and did not include others. Councilmember Dawson asked what change was proposed to the ordinance. Mr. Snyder explained this type of ordinance was typically directed toward animals raised for food and kept in backyard coops versus an indoor animal. The definition of poultry was domestic fowl normally raised for eggs or meat and includes chickens, turkeys, ducks and geese, an inclusive rather than exclusive list. Councilmember Moore commented on her experience working on a ranch in Texas where they raised quail, turkeys, pheasants, chuckers, other fowl used for food and hunting. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes July 17, 2007 Page 5 Packet Page 142 of 217 Don Kreiman, Edmonds, a biology graduate of the University of Washington, pointed out quail were not a domestic animal. He commented on property owners' ability to enjoy their property as long as they did not impact their neighbors, noting recent events involving a cat and quail was an issue between neighbors. He was concerned with Council adopting legislation that could not be enforced or would be selectively enforced. He encouraged Council not to adopt a regulation prohibiting quail because they were wild animals. Mike Mestres, Edmonds, objected to the Council spending time on what should be a neighborhood dispute. He noted problems such as drug dealers in neighborhoods were worthy of Council discussion but not quail. Roger Hertrich, Edmonds, pointed out quail were game birds regulated by the Washington Department of Fish and Game and hunting was allowed. He commented once fowl raised in a domestic situation where they were restrained in a cage/enclosure got loose, they were wild. He recommended the Council establish regulations for residents who raised domestic fowl. Ray Martin, Edmonds, advised in early July the 10 to 15 captive quail were released in their neighborhood. He described discovering quail on his property looking for food, commenting quail kept in captivity were domestic fowl and were at a severe disadvantage surviving in the wild. Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Plunkett asked whether there had been any discussion when the Council decided to prohibit chickens about requiring they be confined instead. Mr. Snyder commented the cat situation was mild compared with the furor that occurred when the Council limited the number of chickens; until the public hearing the Council was unaware how many residents kept chickens. He noted the chicken issue was a zoning discussion with regard to a non -conforming use right. Councilmember Dawson commented the ordinance was not attempting to regulate wild quail but rather quail raised in a domestic situation. Mr. Snyder agreed these provisions were aimed at the number of animals a person could have on their property. Councilmember Dawson clarified the ordinance proposed quail be treated the same as chickens, ducks, etc. and residents would be prohibited from raising them for eggs or meat. Mr. Snyder agreed. She asked how many chickens a resident could keep. Mr. Chave answered under the zoning ordinance, a resident was not allowed to keep any chickens unless they were grandfathered. Mr. Snyder summarized quail would be banned as poultry kept for meat or eggs. Councilmember Dawson asked if a grandfathering provision was also proposed. Mr. Snyder advised anyone currently keeping quail as of the date the ordinance is enacted would be grandfathered under the zoning ordinance. Councilmember Dawson commented that was consistent with grandfathering chickens. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF ORDINANCE, NO.3655. Councilmember Plunkett spoke in support of the motion, particularly with the grandfathering provision. Councilmember Dawson found it appropriate not to allow residents to raise chickens in their yard and appropriate to treat quail the same as other types of poultry. Councilmember Moore commented there were areas of the code that were arcane and archaic and this was an opportunity to improve it. Councilmember Orvis spoke in favor of the motion, noting consistency was the issue. Edmonds City Council Approved Minutes July 17, 2007 Page 6 Packet Page 143 of 217 Council President Olson commented this did not appear to be a large issue to most citizens. Councilmember Plunkett commented this issue was important to someone and it was important that it be resolved. MOTION CARRIED UNANIMOUSLY. The ordinance reads as follows: Ord# 3655 — end Code ORDINANCE NO. 3655 - AMENDING THE PROVISIONS OF EDMONDS CITY CODE, Definitions re: Domestic Fowl SECTION 5.05.010, DEFINITIONS, (M) RELATED TO DOMESTIC FOWL, AND THE ic EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.35.040. Six -Year 7. PUBLIC HEARING FOR THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM Transportation Improvement (2008-2013), PROPOSED RESOLUTION ADOPTING THE SIX -YEAR TRANSPORTATION Program IMPROVEMENT PROGRAM, AND DIRECTING THE SAME TO BE FILED WITH THE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. Mayor Haakenson advised the City received five emails from parents of Madrona Elementary School students in support of funding for the Madrona walkway. Traffic Engineer Bertrand Hauss explained RCW 35.77.010 and RCW 36.81.121 required that each city and county update their Transportation Improvement Program (TIP) by July 31 of each year and file a copy of the adopted program with the Washington State Department of Transportation (WSDOT). The TIP document is intended as a planning tool for local, state and federally funded projects and is utilized by the State, Puget Sound Regional Council, Transportation Improvement Board and other funding agencies to develop the state-wide TIP and prioritize projects for competitive funding. It is not required to show projects that are locally funded. However, the City of Edmonds has traditionally shown all anticipated or planned projects. The first three years of the TIP are required to be financially constrained. The last three years of the TIP, however, are not. Projects must be identified on the TIP to be eligible for State or Federal grants. Mr. Hauss noted approval and adoption of the TIP did not constitute Council approval of the proposed projects, the Council would have additional opportunities to review the projects such as during the update of the Transportation element of the Comprehensive Plan, when staff presents the draft CIP for adoption, during the budget summation, when staff requests authorization to call for bids or when bids are accepted. He advised one new project, a walkway near Madrona Elementary School, was added to the TIP for construction in 2011. He advised the walkway was included in the 2002 Walkway Plan and had a good chance of receiving grant funds due to its proximity to a school as well as linking existing sidewalks to SR104. He commented this project was ranked lower than it should have been in the Walkway Plan and deserved a higher priority. He referred to emails in support of including this project in the TIP. With regard to the SR 99 International District, Mr. Hauss made a correction to the federal funding for that project, advising it was $316,000 for 2008. He relayed staffs recommendation to approve the Six Year TIP and adoption of the resolution. Councilmember Marin asked whether the Madrona walkway was included in staff s recommendation. Mr. Hauss advised it was. Councilmember Moore welcomed Mr. Hauss to the staff and thanked him for his presentation. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes July 17, 2007 Page 7 Packet Page 144 of 217 Roger Hertrich, Edmonds, questioned the accuracy of the cost estimates particularly due to escalating construction cost in recent years. He raised questions with several projects: • Edmonds Crossing - does not include emergency access to the waterfront. • Downtown parking - what does $20,000 per year buy? • 196th/88th - how was the $200,000 project cost determined and did it represent the true cost? • 212th & Five Corners - $810,000 shown in 2012 for a roundabout. What does a signal cost? No grant funds shown for this project. • 9th & Casper - recalled the previous Traffic Engineer deemed this the most dangerous intersection in Edmonds, yet a roundabout is proposed. Would the State allow a roundabout? • Olympic View Drive/761h - another roundabout estimated to cost $610,000. Questioned whether the majority of the Council favored roundabouts. • 76th Walkway - $900,000 cost estimate, no grants shown for this project, no engineering costs identified • Madrona Walkway - no grants shown, grants are available from Walkway to Schools program. No engineering costs shown for this project. He encouraged the Council to total the project costs and determine whether the City had adequate funding for these projects. Mayor Haakenson advised Mr. Hertrich provided only five copies of his written comments. City Attorney Scott Snyder suggested the City Clerk copy the material for the record and the remaining two Councilmembers. Councilmember Dawson advised the materials contained the same information Mr. Hertrich described in his comments. Don Kreiman, Edmonds, displayed and described several photographs of dangerous walking conditions in the neighborhood surrounding Madrona K-8. He advised funds were available for walkways from the Safe Routes to Schools program; therefore, it was important to include this project on the TIP so that it was eligible for grant funds. Mayor Haakenson closed the public participation portion of the public hearing. For Councilmember Plunkett, City Engineer Dave Gebert advised Mr. Kreiman was speaking in support of including the Madrona walkway project in the TIP. Councilmember Plunkett inquired about grants for that project. Mr. Gebert advised staff would pursue grant opportunities for that walkway project. He recalled the City applied for grants for two walkway projects last year and received a $438,000 grant for the 9th/Caspers/Puget Drive walkway; staff determined the 76th walkway did not meet the criteria. With regard to Edmonds Crossing providing emergency access to the waterfront, Community Services Director Stephen Clifton advised that would be considered during the final design permitting phase. Councilmember Plunkett inquired about the $20,000 for downtown parking citywide, non -motorized. Mr. Gebert answered there were several project categories in the CIP and TIP used to fund unanticipated small project requirements such as traffic calming, minor signal improvements, downtown parking, etc. He acknowledged there were no specifics for those funds as they were used to address unanticipated projects as they arose. With regard to the 196th/88th project, Councilmember Plunkett recalled the Council appropriated funds for review of that intersection, commenting the $200,000 in the CIP/TIP was only a placeholder pending additional evaluation. Mr. Gebert agreed in later years the cost estimates were less well defined; in many instances six years out the estimates were only planning level or placeholders. A consultant has been hired to evaluate the 196th/88t1i intersection; the $200,000 was a placeholder as the scope of the solution was refined. Councilmember Plunkett commented on the importance of identifying projects in the TIP and funding placeholders in order to qualify for grants. Mr. Gebert acknowledged the cost estimates in later years Edmonds City Council Approved Minutes July 17, 2007 Page 8 Packet Page 145 of 217 were planning level and did not become budget numbers until the Council approved the annual capital budget. Usually by that time the design and costs were fairly well refined. Councilmember Plunkett referred to $810,000 for a roundabout at Five Corners in 2012. Mr. Gebert advised he had intended to change the project title to intersection improvement as it was unknown whether a roundabout would be the best solution. He advised staff would change roundabout to intersection improvements throughout the TIP. Councilmember Plunkett asked how the cost was determined. Mr. Gebert answered the previous Traffic Engineer developed that estimate. Councilmember Plunkett inquired about the $200,000 placeholder for the 196th/88th intersection improvements versus $810,000 estimated for the Five Corners intersection improvements. Mr. Gebert answered the $200,000 was likely to be low and in 2012 $810,000 likely would not be sufficient to improve that intersection. He assured as the projects moved closer, the costs were refined. With regard to Mr. Hertrich's questions whether the Council wanted to do these projects, Councilmember Plunkett commented this was a projected plan but the Council made the ultimate decision whether to proceed with each project. Mr. Gebert agreed, using the 76th walkway project as an example, and the presentation to the Council regarding phasing, the side of the street to locate the sidewalk, etc. He anticipated a similar process for other projects on the CIP/TIP. For Councilmember Dawson, Mr. Gebert explained the first three years of the TIP must be financially constrained - projected revenues identified to fund the projects, essentially what was in the CIP. The latter three years were not financially constrained and represented somewhat of a wish list. He acknowledged there were generally more projects in the latter three years of the TIP than in the latter years of the CIP because the CIP was entirely financially constrained, thus the CIP was more realistic. Councilmember Dawson observed the projects in the first three years were more likely to be accomplished and the projects in the latter three years were a wish list to allow the City to apply for grants. Mr. Gebert answered generally yes, however, 76th/Hwy. 99 was a high priority project and there was $75,000 in 2008 for preliminary engineering to develop sufficient scope and design detail to allow the City to apply for a grant; there was approximately $1.3 million in 2010 for construction. Councilmember Dawson asked if grants could be pursued for projects where grant funds were not identified. Mr. Gebert stated the most likely grant sources were identified in the CIP and TIP; however, if staff became aware of a grant opportunity, it would be pursued. Councilmember Dawson noted there were no grants for the 75th/76th walkway project. Mr. Gebert advised staff reviewed all grant opportunities and determined it did not fit the criteria or score high enough to obtain grant funds. Assistant City Engineer Don Fiene stated the walkways that scored well for grant funding were near schools. Mr. Gebert stated grant applications were submitted for the 164th walkway and the 9th/Caspers/Puget walkway as staff was hopeful they would score well; one did and the other did not. Councilmember Moore recalled talking to Congressman Inslee's Chief of Staff who was famous for obtaining federal funds and encouraged the City to contact Congressman Inslee's office to request project funds. She assured there were obscure funds available in the federal budget that the congressional office could assist the City in obtaining. Mr. Gebert commented staff generally pursued grants via grant programs. He welcomed the Council's assistance with identifying federal funds that were not available via structured grants. Councilmember Moore encouraged the City to notify Congressman Inslee what they wanted and to allow him to determine the source. Councilmember Dawson commented the City's focus with its federal lobbyist was on high profile projects such as Edmonds Crossing. She recognized Mr. Clifton who has done an outstanding job seeking out funding alternatives for Edmonds Crossing. Councilmember Moore commented the lobbyist did not find grant sources. She reiterated Congressman Inslee's office had encouraged the City to request assistance with funding projects. Edmonds City Council Approved Minutes July 17, 2007 Page 9 Packet Page 146 of 217 Councilmember Marin pointed out Congressman Inslee's office had been approached for funding for Hwy. 99 with support from staff. es# 1149 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO Six Year APPROVE THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM, ADOPT Transportation Improvement RESOLUTION NO. 1149 AND AUTHORIZE RECORDING OF THE DOCUMENTS BY THE Program CITY CLERK. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson declared a brief recess. ezone at 125 8. CLOSED RECORD REVIEW ON THE PLANNING BOARD'S RECOMMENDATION TO nd Ave N. APPROVE THE APPLICATION BY ROB MICHEL FOR A REZONE FROM RM-2.4 TO RM-1.5 FOR PROPERTY LOCATED AT 125 2ND AVENUE NORTH. (FILE NO. R-2007-15). As this was a quasi judicial matter, Mayor Haakenson asked whether any Councilmembers had any ex parte communications or conflicts to disclose. Councilmember Marin advised Mr. Michel contributed to his campaign in the past. Councilmember Plunkett advised he had received campaign contributions from the Jacobsons and from Mr. Michel. Councilmember Dawson advised Mr. Bernheim had contributed to her campaign but that would not influence her decision in this matter. Councilmember Orvis advised Mr. Bernheim had supported his current campaign and Mr. Michel had supported his campaign in the past. Councilmember Wambolt advised he received campaign contributions from the Jacobsons and from Mr. Bernheim. Councilmember Moore advised Mr. Michel had contributed to her campaign. Mayor Haakenson asked whether any parties of record objected to the participation of any Councilmember. There were no challenges voiced and Mayor Haakenson advised all Councilmembers would participate. He allotted Mr. Michel 10 minutes for his presentation. Planning Manager Rob Chave explained the Planning Board reviewed this application. He identified the subject property located at 125 2nd Avenue North on a vicinity map, explaining it was currently designated in the Comprehensive Plan as high density multi family and zoned RM-2.4. The adjoining properties are part of the downtown commercial core, single family to the west, multi family adjoining and lower density multi family further north. He displayed an aerial photograph identifying the property which was currently occupied by an older, non -conforming, 8-unit building. He explained the proposed rezone would increase the density of the property but only allow seven units. The Planning Board considered the staff report and the testimony and unanimously recommended approval. Councilmember Plunkett asked if the applicant planned to develop the site with apartments or condominiums. Mr. Chave suggested asking the applicant that question, noting the zoning controlled the number of dwelling units. Councilmember Plunkett referred to page 5, the Planning Board transcript, where Mr. Jacobson recommended rezoning the entire area to RM-1.5. He observed that had no impact on this application as Edmonds City Council Approved Minutes July 17, 2007 Page 10 Packet Page 147 of 217 that was not the applicant's request. Mr. Chave advised the City was required to respond to the application which was for this property. He noted the proposed zoning was consistent with the Comprehensive Plan. He suggested it may be appropriate for the City to study the current multi family zones as the only difference between RM-2.4 and RM-1.5 was the number of units; the setback, height, bulk requirements, etc. were the same. Councilmember Dawson recalled a reference in the record to an increase in density, commenting it was not actually an increase in density and was in fact a reduction in density. Mr. Chave answered it was an increase in density only with regard to what the zone currently permitted. Councilmember Dawson noted if the property were rezoned, there would not be an increase in density. Mr. Chave advised even if the existing building were demolished, either RM-2.4 or RM-1.5 zoning would not result in more units. Councilmember Dawson questioned the benefit if it did not result in increased density. Mr. Chave responded the assumption was a new building would be constructed and the change in zoning would allow more units than the RM-2.4 would otherwise permit. Councilmember Dawson asked whether the rezone would determine whether the building was demolished and a new building constructed. Mr. Chave was not certain; staff s understanding was the site would be redeveloped. City Attorney Scott Snyder suggested consideration be given to GMA which assumed anything non -conforming would be abated and densities in accordance with current zoning. Councilmember Dawson inquired about benefits other than an increase in density. Mr. Chave referred to testimony by Planning Board Chair Cary Guenther, an architect, who stated this building was at the end of its useful life and therefore its overall property value was less than a new building. Councilmember Dawson remarked the flipside of that argument was preservation of the existing building may provide more affordable housing. Mr. Chave referred to Mr. Guenther's statements on page 10 of the Planning Board transcript that the building was at the end of its useful life and renovation was questionable because it had not been built to last. Councilmember Dawson asked what Mr. Guenther's opinion was based upon. Mr. Chave advised it was based on his observations when visiting the site. Applicant Rob Michel, Edmonds, advised he would allow the record to speak for itself and reserve his time for rebuttal. Mayor Haakenson invited comment from parties of record. Jack Jacobson, Edmonds, advised he lived across the alley from this building. He questioned the statement that a 50-year old building could not be saved, noting the previous owners had done nothing to the building for the past 20 years. He pointed out RM-2.4 was put in as a buffer between RS-6 and RM- 1.5 and BC. If this rezone were approved, he questioned whether the applicant could sell the property as a 7-unit site which would increase traffic and density. He recommended eliminating RM-2.4 and rezoning the area to RM-1.5. Steve Bernheim, Edmonds, displayed the vicinity and zoning map, Attachment 1 to the staff report. He referenced page 4 of the record, noting two of the reasons by Mr. Schlumberger in support of the rezone were increased sustainability and increased affordability. Although Mr. Bernheim supported those concepts, he preferred they be approached from a Comprehensive Plan point of view not on a lot -by -lot basis, particularly when in this instance eight units would be demolished and replaced with 4-5 units. He did not believe the objective of sustainability and affordability would be realized by constructing 1-2 more units that the current zoning allowed. He referred to page 45 of the record, citing an erroneous legal basis via the statement that the recent implementation of the BC zone and its elimination of a third story severely reduces the feasibility of building new residences downtown. He disagreed, noting three stories were not allowed downtown. He questioned why the Council was even considering a rezone from RM- 2.4 to RM-1.5 as there was no justification in the staff report why RM-1.5 was preferable over RM-2.4. Edmonds City Council Approved Minutes July 17, 2007 Page 11 Packet Page 148 of 217 He pointed out there was value in not increasing the density due to the increased burden that RM-1.5 zoning would have on services. He concluded the proposal did not make a substantial contribution to affordability or sustainability. Rebuttal Mr. Michel referred to Mr. Bernheim's comments regarding sustainability, noting those were not criteria upon which the rezone was judged; the criteria was as listed in the staff report. He referred to the value criteria and their explanation of how the proposal met the value criteria on page 46 of the record. He stated there was more in value to the community than affordability, such as public health, safety and welfare, aesthetics, improved safety via new systems, ADA access, etc. He noted the building was constructed 55 years ago and the structure, plumbing, electrical were in poor condition, the units were small with a poor layout, and there was no ADA access to the second floor. The building was in poor condition and it was too expensive to rehabilitate it to bring it up to the current code. He noted affordability was discussed at the Planning Board, he referred to page 9 of the record, and Mr. Chave's comment that although affordability was an issue, the City could not control the number or price of units on a site. He referred to Mr. Guenther's testimony that the building was at the end of its useful life. Councilmember Dawson asked staff to comment on the existing Comprehensive Plan designation and the zoning of the site. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO EXTEND DISCUSSION OF THIS ITEM FOR TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Chave answered the Comprehensive Plan had two classifications of multi family - low and high. The zoning classifications that correspond to high density multi family residential are RM-2.4 and RM-1.5. The Comprehensive Plan designation for this property is multi family high density. The property owner has a choice of applying for RM-2.4 or RM-1.5. Councilmember Dawson asked whether the proposed RM-1.5 was consistent with the Comprehensive Plan. Mr. Chave answered yes and unless staff could determine a reason that RM-2.4 was preferable over RM-1.5, most applicants would choose the higher density. He explained the RM-2.4 and RM-1.5 zones were created in the early 80s before the current Comprehensive Plan was adopted. When the Comprehensive Plan was updated, the multi family zones were not revisited. He noted it may be appropriate to reconsider the multi family Comprehensive Plan designations; the Planning Board has expressed interest in doing that. The Mayor's Climate Control Committee could also be involved in that effort such as determining whether there were incentives that could be offered to achieve the purposes of the Comprehensive Plan. He noted currently it was difficult to distinguish between the two multi family zones as the height, bulk, setback, etc. were the same for both zones and the only difference was the number of units. He noted in an area where there was a solid transportation system like downtown, traffic was unlikely to be a determinant between RM-2.4 and RM-1.5. Councilmember Plunkett referred to comment that the City had failed to analyze the outcome of proceeding with RM-1.5 zoning; however, it had been analyzed because the Comprehensive Plan analyzed what zoning was suitable. Mr. Chave agreed, explaining the Comprehensive Plan considers a range of land use alternatives, zoning that would be applied, environmental impacts, etc. relative to utilities, services, density, projected population, etc. Therefore if zoning was applied consistent with the Comprehensive Plan, there should not be a need to reanalyze it. Councilmember Plunkett referred to the question why the entire area was not zoned RM-1.5. He asked whether the Council could make their decision based on what they wished the zoning would be. Mr. Snyder advised the Council was limited on this rezone to what was in the record and what had been Edmonds City Council Approved Minutes July 17, 2007 Page 12 Packet Page 149 of 217 advertised; rezoning additional property could be referred to the Planning Board. Councilmember Plunkett referred to the comment that the applicant could obtain the rezone and sell the property, asking whether the Council could consider the applicant's future actions in making a decision on the rezone. Mr. Snyder answered no unless it was germane to one of the criteria. He noted profit was only considered if it was property that remained undeveloped due to an inappropriate use category. Councilmember Dawson commented it was assumed this property would be redeveloped if it were rezoned. She commented the Council's decision may be easier if the building had already been demolished because that would eliminate the preservation issue. She acknowledged the property owner could demolish the building and then request a rezone. She suggested a future agenda item regarding how to make it easier for property owners to rehabilitate existing buildings and provide incentives for preserving existing housing. Mr. Chave answered that could also be considered by the Planning Board and Climate Control Committee when considering the multi family zones. COUNCILMEMBER MARIN, MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO UPHOLD THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REZONE APPLICATION. Councilmember Plunkett concluded the proposal met the criteria, RM-2.4 and RM-1.5 were consistent with the Comprehensive Plan, the bulk and setback requirements were identical, the use on the parcel would remain multi family which was consistent with the surrounding area, it was consistent with changes in the area, the property was economically and physically suitable, the value/public benefit met GMA, and it would replace a deteriorated 1950s with a building that meets all safety codes. Councilmember Marin acknowledged Councilmember Dawson's concerns and agreed with the need to consider housing affordability. He pointed out some buildings were built to last and others were not. He acknowledged one of the difficulties with a remodel was the requirement to bring the building up to the existing code. Councilmember Wambolt commented this was not a building with architectural features that should be preserved. It was a non -conforming building with eight units that if redeveloped would have fewer units and be consistent with the current code. MOTION CARRIED UNANIMOUSLY. [Rezone at 318- 9. CLOSED RECORD REVIEW ON THE PLANNING BOARD'S RECOMMENDATION TO 320 walnut St. APPROVE THE APPLICATION BY ROB MICHEL FOR A REZONE FROM RM-2.4 TO RM-1.5 FOR PROPERTY LOCATED AT 318-320 WALNUT STREET. (FILE NO. R-07-28. As this was a quasi judicial matter, Mayor Haakenson asked whether any Councilmembers had any ex parte communication or conflicts to disclose. Councilmember Moore disclosed Mr. Michel had contributed to her campaign. Councilmember Wambolt disclosed Mr. Bernheim had contributed to his campaign. Councilmember Orvis disclosed Mr. Bernheim had contributed to his current campaign and Mr. Michel had contributed to his past campaign. Councilmember Dawson disclosed Mr. Bernheim had contributed to her campaign in the past. Councilmember Plunkett disclosed he had received campaign contributions from Mr. Michel in the past. Edmonds City Council Approved Minutes July 17, 2007 Page 13 Packet Page 150 of 217 Councilmember Marin disclosed Mr. Michel contributed to his campaign in the past. Mayor Haakenson asked whether any parties of record objected to the participation of any Councilmember. There were no challenges voiced and Mayor Haakenson advised all Councilmembers would participate. He allotted Mr. Michel 10 minutes for his presentation. Planning Manager Rob Chave advised this was a rezone from RM-2.4 to RM-1.5. He identified the site, 318-320 Walnut Street on a vicinity map, indicating the entire area was designated high density multi family in the Comprehensive Plan, was adjacent to a commercial area and was surrounded by large scale multi family development. The property around the site was zoned RM-1.5 with the exception of a property to the west zoned RM-2.4. He noted the adjacent property to the south was an older high density building with 42 units. He identified the site on an aerial map, advising there were three dwelling units on one property and two on the other for a total of five. The application would increase the potential density to a total of nine dwelling units. The applicant has completed a SEPA review and had ADB design approval for a building with 5-7 units. At the Planning Board they voiced their intent to proceed with seven units. He acknowledged the applicant could choose to redesign or sell the property. He concluded in this location there were no negative impacts of a rezone from RM-2.4 to RM-1.5. Councilmember Dawson referred to testimony regarding getting rid of substandard property and questioned what substandard property meant, noting it seemed to imply that new was better. She referred to Planning Board Chair Guenther's comment on page 7 that appeared to imply that older housing was worse and newer housing was better. Councilmember Dawson commented the only evidence of public benefit was the opinion that older housing was not as good. Mr. Chave pointed out the Planning Board found a benefit of additional dwelling units downtown to support the commercial vitality of downtown. Applicant Rob Michel, Edmonds, advised he would allow the record to speak for itself and reserve his time for rebuttal. Mayor Haakenson invited comment from parties of record. Steve Bernheim, Edmonds, commented approving the proposed zoning would reduce the diversity of housing stock. He reiterated there was no distinction between RM-2.4 and RM-1.5 and no support that a higher density was better. Although he supported higher density and the sustainability of downtown, he wanted it done for the right reasons and not lot -by -lot. He commented from a citizen's point of view, the Council was handing these property owners a benefit at no charge. He preferred the City provide incentives such as energy efficiency, sidewalks, open space, etc. in exchange for higher densities. Rebuttal Mr. Michel referred to benefits outlined in the record that included under -structure parking, access via the alley which would eliminate curb cuts on 4th and on Walnut, and increased on -street parking. Councilmember Orvis commented as currently zoned, the site could be developed with five units versus nine if zoned RM-1.5. Mr. Chave agreed, noting the applicant had an ADB and SEPA approval for up to seven units. The site was currently developed with five units. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER MARIN, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO UPHOLD THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REZONE APPLICATION. In response to Mr. Bernheim's comment regarding providing incentives for rezone, Councilmember Moore supported that concept, however, the Council could not do that on this application. She found the Edmonds City Council Approved Minutes July 17, 2007 Page 14 Packet Page 151 of 217 proposal adhered to GMA policies, met the GMA housing goals, fit within the surrounding uses, was suitable and met the value criteria. Councilmember Orvis spoke against the motion, commenting if allowing additional units on a site was required to get buildings upgraded, the entire City would be rezoned eventually which was contradictory to the changes, suitability and surrounding area criteria. Councilmember Marin spoke in favor of the motion, noting there were many requirements a developer must meet currently. He supported having the Planning Board consider the multi family zoning but cautioned against requiring sustainability as he was hesitant to mandate sustainability in private buildings. Councilmember Wambolt spoke in support of the motion. In response to Mr. Bernheim, he noted the benefit of the rezone and subsequent new construction which would be more energy efficient than the existing homes that were constructed in 1946 and 1966. Councilmember Plunkett commented in a quasi judicial hearing the Council could not consider what should be, only whether the applicant met the criteria with their proposal. He found the applicant met the criteria under the existing code, zoning and Comprehensive Plan. MOTION CARRIED (6-1), COUNCILMEMBER ORVIS OPPOSED. 10. AUDIENCE COMMENTS Tern Limits Roger Hertrich, Edmonds, requested the Council consider term limits for Boards and Commissions as well as the City Council and the Mayor. Council President Olson cautioned him to avoid campaign Meeting Cancellations I issues. Next, Mr. Hertrich commented he could not recall a Council meeting being cancelled when he was on the Council and he objected to giving the Council President that power. Council Rules 11. DISCUSSION OF CITY COUNCIL RULES OF PROCEDURE INCLUDING: (1) of Procedure CANCELLATION OF MEETINGS, (2) EXECUTIVE SESSIONS, (3) GOVERNMENT ACCESS CHANNEL 21, AND (4) COMMITTEE ASSIGNMENTS. Council President Olson explained these issues were discussed at the recent Council retreat. Cancellation of Meetings Council President Olson did not envision this occurring very often, noting it occurred in the past due to the loss of the Police Chief. As it was not possible to talk to each Councilmember because that was considered a rolling quorum, there needed to be a way to cancel Council meetings. Councilmember Marin was satisfied with delegating that authority to the Council President. Councilmember Plunkett agreed. Councilmember Dawson envisioned it would be a rare occurrence for the Council President to exercise his/her authority to cancel a meeting. She acknowledged two meetings were cancelled earlier this year due to Police Chief Stem's sudden illness and subsequent memorial service. She found it inappropriate to require staff and/or Council to attend a meeting under those circumstances. She remarked it was a waste of public resources to schedule a meeting if there was no business as each Councilmember was paid, some staff members were paid, etc. She concluded it was appropriate to delegate that authority to the Council President. Councilmember Moore commented the proposed method was more efficient. She noted a Council President who cancelled meetings that the Council did not want to have cancelled would answer to the Council. Edmonds City Council Approved Minutes July 17, 2007 Page 15 Packet Page 152 of 217 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO Cancellation of s6s6 ADOPT ORDINANCE NO. 3656. MOTION CARRIED UNANIMOUSLY. The ordinance reads as Cancellation Council follows: Meetings AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE, CHAPTER 1.04 COUNCIL MEETINGS TO ADD A NEW SECTION 1.04.140 CANCELLATION OF MEETINGS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Executive Session Councilmember Plunkett advised he requested a resolution be prepared regarding Executive Sessions. He recalled during the discussions of the park in south Edmonds over the past year, there was some confusion regarding what information was and was not Executive Session, whether the Council should discuss certain issues in Executive Session and in at least one instance the confidentially of an Executive Session was broken. The intent of the resolution was to identify a way for the Council to reach a consensus regarding when to break the confidentially of an Executive Session. He advised this resolution would accomplish two purposes, 1) if a Councilmember believed an Executive Session was taking place that should not, they could propose a motion to end the Executive Session and the Council could have discussion and make a determination during the public meeting, and 2) prevent any one member from revealing information that other Councilmembers believed was protected by Executive Session. Councilmember Dawson commented the resolution did not appear to address Councilmembers questioning whether the Council should be in Executive Session; she agreed it was appropriate for Councilmembers to have the ability to question whether a topic should be discussed in Executive Session. She noted the draft resolution also addressed the dissatisfaction expressed at the retreat with the way meetings were handled, the way Councilmembers were recognized and the number of times each Councilmembers could speak. Councilmember Moore agreed the resolution did not appear to provide Councilmembers a way to question an inappropriate Executive Session. City Attorney Scott Snyder advised a Councilmember could always leave an Executive Session that they felt was inappropriate. He noted the City kept minutes of Executive Session to satisfy the public at a future date that the Council discussed the appropriate issue. He explained the Council could reach consensus in Executive Session. If the Council agreed to discuss an issue in the open meeting, they could come out of Executive Session and make a motion to have the issue placed on a future agenda and/or request information be released. In the absence of a motion, the confidence of the Executive Session would be observed. He noted the resolution did not address the appropriateness of a subject for Executive Session because that was addressed in state law. Councilmember Plunkett recalled there were Councilmembers who revealed information that the Council had agreed should not be disclosed. His intent was to develop rules so that all Councilmembers had the same understanding. Mr. Snyder agreed, noting release of confidential Executive Session information was a crime and a potential basis for forfeiture of office. The resolution was intended to establish an orderly way to decide when Executive Session privilege ended. He concluded Executive Session information remained confidential as long as the Council felt it should remain confidential. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, TO SCHEDULE APPROVAL OF RESOLUTION NO. 1150 ON A FUTURE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO EXTEND THE MEETING TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Committee Assignments Council President Olson explained in the past some Council committee meetings were paid and others were not; in assigning committees, it seemed more prudent to simply pay Councilmembers for a Edmonds City Council Approved Minutes July 17, 2007 Page 16 Packet Page 153 of 217 maximum of four meetings per month. Councilmember Dawson commented there were some committees that Councilmembers attended that were not Council appointments. Council President Olson clarified it would only be official meetings of the committees to which Councilmembers were assigned. Mr. Snyder advised the Council must have a fixed compensation during their term of office. He recalled a cap on payment for meetings was instituted previously. Senior Executive Council Assistant Jana Spellman offered to email Councilmembers the list of meetings eligible for payment. Government Access Channel 21 Councilmember Plunkett asked whether the proposed policy included the Mayor. Mr. Snyder answered the policy did not apply to the Mayor. He explained the Council currently had no rule with regard to allocation of assets. With regard to the use of City facilities such as Channel 21 or a room, each Councilmember was free to use them as long as they did not violate State law. The issue arose due to a question regarding a Council meeting versus a meeting called by a Councilmember and whether there should be a distinction for the use of Channel 21 or other assets. If no change was made, all Councilmembers had access to those facilities/resources. Councilmember Plunkett preferred the policy apply to any elected official. He also preferred a majority of the Council determine whether a meeting would be publicized on Channel 21. He clarified he was not suggesting meetings Councilmembers held were anything other than constituent meetings. Councilmember Dawson agreed with Councilmember Plunkett that the Council should establish a policy regarding what information was publicized on Channel 21. Councilmember Dawson acknowledged Councilmembers frequently announced events at Council meetings that were broadcast on channel 21; those announcements could be viewed as advertisements. She recommended announcements be a legitimate use of the Council's time and not a campaign related event. Councilmember Dawson noted rules were often applied differently during campaign season such as the Mayor's newspaper column was not appearing during campaign season. She suggested the Council could establish a policy that they would not allow anyone to display information that even vaguely appeared to be a political campaign. Councilmember Moore commented this was the result of three constituent meetings she asked be advertised on Channel 21. She emphasized they were constituent meetings and not campaign meetings. She pointed out Mayor Haakenson announced his constituent meetings on Channel 21 and in Council Chambers. She viewed Channel 21 as a way for the Council to communicate with the public and encouraged Councilmembers to use this tool to communicate with the public but not to campaign. She commented it was advantageous to the public to learn a Councilmember would be available at a particular location to listen to their questions/concerns. She encouraged Councilmembers to have a constituent meeting to take public input regardless of whether it was an election year. She preferred the Council use Channel 21 to inform the public rather than being scared someone would use it to their advantage. Councilmember Plunkett stated he believed Councilmember Moore's use of Channel 21 was equal to the Mayor's use, and equally appropriate. Councilmember Marin commented once a Councilmember announced they were running for election, Councilmembers and the Mayor should be cautious about anything that could be construed as inappropriate use of City facilities to avoid criticism. Councilmember Plunkett preferred a more structured policy. He noted it was difficult to avoid criticism without a policy that established a bright line. Councilmember Orvis commented his Councilmember page on channel 21 containing his picture and his name gave him an advantage during the election. He suggested during campaign season the Edmonds City Council Approved Minutes July 17, 2007 Page 17 Packet Page 154 of 217 Councilmember's page be replaced by a page for each position that contained the name, picture and contact information for the incumbent as well as the challengers. He noted this would even the playing field and not give incumbent Councilmembers an advantage via their page on Channel 21. He noted this would be similar to a Channel 21voter pamphlet. He summarized this would keep the playing field level, provide information to the voters and reduce the effect of special interest. Council President Olson asked whether campaigning was allowed on Channel 21. Community Services Director Stephen Clifton disagreed with Councilmember Orvis' proposal, explaining Councilmembers' pages on Channel 21 provided a service to the public, informing them who the Councilmembers are and the committees they served on. He viewed the inclusion of an opponent's name, picture and contact information as a campaign purpose. Mr. Snyder explained the issue for the Public Disclosure Commission was whether communications or the use of city facilities was part of the normal and usual function of an office. Speaking with constituents and being accessible to the public were a fundamental part of the office; anything that facilitated communication with a Councilmember whether it was the use of the telephone, website or Channel 21, was definitely part of the normal function of the position. He envisioned a way could be determined to do what Councilmember Orvis suggested because the City was allowed to provide factual information. He was hesitant about having a link to a candidate's website. He noted a similar policy would need to be established for the City's website. Councilmember Moore commented Councilmember Orvis' idea was brilliant as it provided a public service and encouraged more people to engage in the civic process. She suggested rather than having debates between candidates, providing each candidate five minutes of air time on Channel 21. She noted this was an asset to the public and leveled the playing field. Councilmember Dawson commented many cities had video voters guides, that may be something worthwhile to explore in the future although there were issues with who did the video taping, etc. She preferred to establish a candidate page in addition to the Councilmember's page, citing Snohomish County as an example where two Councilmembers were term limited and could not run for office, yet their contact information needed to be available to the public. Councilmember Wambolt suggested scheduling further discussion regarding the use of Channel 21 on a future agenda. Although he supported a video voter's guide, Councilmember Plunkett remarked Councilmember Orvis' proposal encumbered a Councilmember's highest responsibility which was to serve the people of Edmonds. He pointed out the importance of displaying each Councilmember's page with their contact information and the committees they served on. He suggested referring this issue to the Community Outreach Committee. 12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS Community/ Community Services/Development Services Committee Development Services Councilmember Marin reported the Committee discussed plug-in hybrid cars and charging stations and Committee directed Public Works to investigate the concept of providing a plug-in for electric vehicles including cost estimates, alternatives, experience of other jurisdictions and the possible costs of a short term lease for an electric vehicle and report back to the committee at their next meeting. A discussion on building permit application timelines was postponed to a special CS/DS Committee meeting on July 26 at 7:00 p.m. He encouraged people attending that meeting to bring suggestions. finance iFinance Committee Committee Councilmember Wambolt reported the Committee discussed judicial salary certification for State funding reimbursement and Judge Fair provided Committee members background information on the history of Edmonds City Council Approved Minutes July 17, 2007 Page 18 Packet Page 155 of 217 the Judge's compensation. It was the consensus of the Committee to forward a recommendation to negotiate the salary term of the contract to keep the City eligible for court improvement account funds to the full Council as a consent item. Councilmember Wambolt reported the Committee then discussed the Interlocal Agreement with Edmonds School District for the School Resource Officer which provides for a 50% salary reimbursement. Committee members recommended approval and this item was approved as Consent Agenda Item E this evening. rublic safety Public Safety Committee o cmmittee Councilmember Dawson reported the Committee reviewed a draft graffiti ordinance. The Committee agreed some of the issues contained in the ordinance were inappropriate for Edmonds such as requiring businesses to keep graffiti implements behind the counter, not sell graffiti implements to minors, etc., but should be forwarded to the full Council for a public hearing. A public hearing will be held in August. She noted Snohomish County was hosting a graffiti summit on July 26 at 8:30 a.m. She asked Mayor Haakenson to have staff attend and encouraged any interested Councilmembers and/or the public to attend. The next item the Committee discussed was the judicial salary certification for State funding reimbursement. She explained for the City to be eligible for State reimbursement, the Municipal Court Judge must be an elected position and the salary must be equivalent to 95% of a District Court Judge's salary prorated by the number of hours worked. Raising the Municipal Court Judge's salary would result in a net financial gain to the City in 2007 but due to uncertainty with the reimbursement in the future, that may not be the case in 2008. The City Attorney confirmed the salary could be reduced if the reimbursement was not available and the Committee recommended an ordinance establishing a base salary be scheduled on a future Consent Agenda. The final item, request for a contract amendment from the City Prosecutor, was pulled from the agenda with a recommendation that staff negotiate with the City prosecutor on any contractual issues and schedule the matter on a future Committee agenda if necessary. 13. MAYOR'S COMMENTS Mayor Haakenson had no report. 14. COUNCIL COMMENTS concerts in the I Council President Olson wished Mayor Haakenson a belated Happy Birthday on July 14. She reminded ark the public of the Concerts in the Park at 3:00 - 4:00 in City Park, announcing this weekend's performer would be Merchant of Venice. Councilmember Dawson commented in response to a suggestion during audience comments regarding oards/ Boards/Commissions term limits, explaining term limits may have been eliminated due to State Commissions Term limits requirements of the LEOFF 1 Disability Board that requires members be Police and Fire LEOFF 1 members. She pointed out there were few remaining LEOFFI members who were willing to serve on this Board and there was a fairly steep learning curve. If term limits were established for that Board, the City may be unable to meet the State's requirements. With regard to other Boards/Commissions, the Council always had the ability not to renew a member. Councilmember Dawson also suggested discussion be scheduled on a future agenda regarding the Council's involvement in making appointments to Boards/Commissions rather than confirming the Mayor's selection. 15. ADJOURN With no further business, the Council meeting was adjourned at 10:56 p.m. Edmonds City Council Approved Minutes July 17, 2007 Page 19 Packet Page 156 of 217 AM-1132 2.G. 2007 Second Quarter Budget Amendment Edmonds City Council Meeting Date: 08/20/2007 Submitted By: Debra Sharp Submitted For: Dan Clements Time: Consent Department: Administrative Services Type: Action Review Committee: Finance Action: Approved for Consent Agenda Information Subject Title 2007 Second Quarter Budget Amendment. Recommendation from Mayor and Staff Approve attached ordinance. Previous Council Action N/A Narrative In governmental budgeting, expenditures may take place up to the amount appropriated in the current budget. Financial activity impacting appropriation levels are brought before the Edmonds City Council on a quarterly basis in the form of a budget amendment ordinance. The second quarter 2007 budget amendment contains a total of 13 proposed adjustments, seven of which have previously been before Council including the 2007 Bond Issue. There are six new items for Council to consider. The first item is a transfer from the non -departmental retirement reserve to the appropriate departments for vacation and sick leave payouts due to retirements and resignations. The next three items are increases in General Fund expenditures for police overtime, police benefits and ALS supplies. The expenditure increases are offset by grant revenue received from the State ofWashington. The final two items are contributions to revenue. The first is a General Fund donation which is for web software for the Discovery Program and the second donation is recorded in the Parks Capital Fund for the skateboard park. Overall, General Fund requests total $811,173 of which $566,644 will be funded by donations, grant revenue, bond proceeds and interfund transfers. The net impact to the General Fund's ending cash is a decrease of $244,529. Non -General Fund requests total $4,629,985 all of which will be funded either by private donations, interfund transfers or bond proceeds. The net impact to Non -General Fund ending cash is an increase of $518,669. Fiscal Impact Packet Page 157 of 217 A*fnr hmnnfc Link: 2nd Quarter Budget Amendment Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Dan Clements 08/16/2007 11:08 AM APRV 2 City Clerk Linda Hynd 08/16/2007 11:26 AM APRV 3 Mayor Gary Haakenson 08/16/2007 11:44 AM APRV 4 Final Approval Linda Hynd 08/16/2007 03:29 PM APRV Form Started By: Debra Started On: 08/15/2007 04:13 Sharp PM Final Approval Date: 08/16/2007 Packet Page 158 of 217 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3613 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2007 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3613 adopting the final budget for the fiscal year 2007 is hereby amended to reflect the changes shown in "Exhibit A" adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take L TRODUCTIONMCCOUNCILl0016 1132 2007 SECOND AMENDING ORDINANCE.DOC Packet Page 159 of 217 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. W. SCOTT SNYDER, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 160 of 217 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2007, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF ORDINANCE NO. 3613 AS A RESULT EXPENDITURES OF VARIOUS FUNDS, SHALL BECOME EFFECTIVE. EDMONDS, WASHINGTON, AMENDING OF UNANTICIPATED TRANSFERS AND AND FIXING A TIME WHEN THE SAME The full text of this Ordinance will be mailed upon request. DATED this day of 92007. CITY CLERK, SANDRA S. CHASE 3 Packet Page 161 of 217 EXHIBIT"A:" BUDGET SUMMARY BY FUND FUND NO. FUND DESCRIPTION 2007 BEGINNING CASH REVENUE EXPENDITURES 2007 ENDING CASH 001 GENERAL FUND 3,551,328 30,451,897 32,929,566 1,073,659 006 EMERGENCY/FINANCIAL RESERVE 1,927,600 0 0 1,927,600 009 LEOFF-MEDICAL INS. RESERVE 338,670 476,095 497,250 317,515 104 DRUG ENFORCEMENT FUND 46,260 61,883 89,213 18,930 III STREET FUND 101,683 1,273,029 1,343,834 30,878 112 COMBINED STREET CONST/IMPROVE 793,490 2,136,696 2,246,699 683,487 113 MULTIMODAL TRANSPORTATION FD. 0 625,000 625,000 0 116 BUILDING MAINTENANCE 247,138 1,760,725 1,729,510 278,353 117 MUNICIPAL ARTS ACQUIS. FUND 204,625 65,930 103,250 167,305 118 MEMORIAL STREET TREE 15,847 600 0 16,447 120 HOTEL/MOTEL TAX REVENUE FUND 55,268 63,625 66,625 52,268 121 EMPLOYEE PARKING PERMIT FUND 71,574 18,600 18,000 72,174 122 YOUTH SCHOLARSHIP FUND 8,303 2,740 3,200 7,843 123 TOURISM PROMOTIONAL FUND/ARTS 26,941 17,035 21,800 22,176 125 PARK ACQ/IMPROVEMENT 4,996,514 1,517,500 4,508,200 2,005,814 126 SPECIAL CAPITAL FUND 198,648 1,470,000 901,715 766,933 127 GIFTS CATALOG FUND 148,875 16,260 12,866 152,269 129 SPECIAL PROJECTS FUND 11,000 316,000 327,000 0 130 CEMETERY MAINTENANCE/IMPROV 160,240 261,214 180,559 240,895 131 FIRE DONATIONS 13,778 6,838 0 20,616 132 PARKS CONSTRUCTION 0 435,000 420,000 15,000 211 LID FUND CONTROL 1,766 351,000 345,300 7,466 213 LID GUARANTY FUND 41,529 2,000 0 43,529 234 LTGO BOND DEBT SERVICE FUND 0 415,710 415,710 0 411 COMBINED UTILITY OPERATION 4,787,026 14,434,776 15,425,653 3,796,149 412 COMBINED UTILITY CONST/IMPROVE 2,666,800 8,095,805 7,861,000 2,901,605 414 CAPITAL IMPROVEMENTS RESERVE 1,121,321 2,989,675 3,433,915 677,081 511 EQUIPMENT RENTAL FUND 3,739,375 2,209,566 2,718,714 3,230,227 601 PARKS TRUST FUND 124,908 4,000 0 128,908 610 CEMETERY MAINTENANCE TRUST FD 323,949 60,126 0 384,075 617 FIREMEN'S PENSION FUND 283,727 100,368 113,000 271,095 621 SPECIAL LIBRARY 0 0 0 0 623 SISTER CITY COMMISSION 14,937 21,200 20,000 16,137 Totals 26,023,120 69,660,893 76,357,579 19,326,434 Packet Page 162 of 217 EXHIBIT "B": BUDGET AMENDMENTS BY EXPENDITURE FUND NO. FUND DESCRIPTION ORD. NO. 3613 11/21/2006 ORD. NO. 3637 4/17/2007 ORD. NO. ORD. NO. 2007 Amended Budget 001 GENERAL FUND 32,026,798 91,595 811,173 0 32,929,566 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 497,250 0 0 0 497,250 104 DRUG ENFORCEMENT FUND 89,213 0 0 0 89,213 III STREET FUND 1,340,217 0 3,617 0 1,343,834 112 COMBINED STREET CONST/IMPROVE 2,215,699 31,000 0 0 2,246,699 113 MULTIMODAL TRANSPORTATION FD. 625,000 0 0 0 625,000 116 BUILDING MAINTENANCE 1,142,460 0 587,050 0 1,729,510 117 MUNICIPAL ARTS ACQUIS. FUND 103,250 0 0 0 103,250 118 MEMORIAL STREET TREE 0 0 0 0 0 120 HOTEL/MOTEL TAX REVENUE FUND 63,625 3,000 0 0 66,625 121 EMPLOYEE PARKING PERMIT FUND 18,000 0 0 0 18,000 122 YOUTH SCHOLARSHIP FUND 3,200 0 0 0 3,200 123 TOURISM PROMOTIONAL FUND/ARTS 21,800 0 0 0 21,800 125 PARK ACQ/IMPROVEMENT 4,508,200 0 0 0 4,508,200 126 SPECIAL CAPITAL FUND 880,661 0 21,054 0 901,715 127 GIFTS CATALOG FUND 4,866 8,000 0 0 12,866 129 SPECIAL PROJECTS FUND 316,000 11,000 0 0 327,000 130 CEMETERY MAINTENANCE/IMPROV 180,559 0 0 0 180,559 131 FIRE DONATIONS 0 0 0 0 0 132 PARKS CONSTRUCTION FUND 420,000 0 0 0 420,000 211 LID FUND CONTROL 345,300 0 0 0 345,300 213 LID GUARANTY FUND 0 0 0 0 0 234 LTGO BOND DEBT SERVICE FUND 415,710 0 0 0 415,710 411 COMBINED UTILITY OPERATION 13,528,375 104,500 1,792,778 0 15,425,653 412 COMBINED UTILITY CONST/IMPROVE 7,861,000 0 0 0 7,861,000 414 CAPITAL IMPROVEMENTS RESERVE 1,286,844 0 2,147,071 0 3,433,915 511 EQUIPMENT RENTAL FUND 2,610,299 30,000 78,415 0 2,718,714 601 PARKS TRUST FUND 0 0 0 0 0 610 CEMETERY MAINTENANCE TRUST FD 0 0 0 0 0 617 FIREMEN'S PENSION FUND 113,000 0 0 0 113,000 621 SPECIAL LIBRARY 0 0 0 0 0 623 SISTER CITY COMMISSION 20,000 0 0 0 20,000 Totals 70,637,326 279,095 5,441,158 0 76,357,579 Packet Page 163 of 217 EXHIBIT "C": BUDGET AMENDMENT DETAIL Department Category Debit Credit Description Items Previously Before Council Police Foundation Donation 39,202 Funds received from the Police Foundation Police Interfund Transfer 39,202 for a new K-9 patrol vehicle Internal Service Fund Interfund Transfer 39,202 Internal Service Fund Equipment 39,202 Purchase of the new K-9 vehicle Information Services Equipment 38,000 Increase equipment line - purchase back-up Ending Fund Balance Ending Fund Balance 38,000 network servers. Information Services Equipment 565200 Increase equipment line - purchase fiber optic switching, routing & cabling Ending Fund Balance Ending Fund Balance 56,200 equipment Police/Fire Department Grant Revenue 9,000 Police/Fire Department Ending Fund Balance 8,000 Police/Fire Department Interfund Transfer 1,000 Police/Fire Department Interfund Transfer 1,000 Additional funds received from Snohomish Police/Fire Department Ending Fund Balance 1,000 County for the fire boat Police Interfund Transfer 39,213 Police Small Equipment 39,213 Equipment Rental Interfund Transfer 39,213 Police computer replacement funds Equipment Rental Ending Fund Balance 39,213 transferred from equiment fund to GF Non -Departmental Proceeds of other LTD 174,000 Remove ST financing Non -Departmental 2006 HVAC Interest 25,581 Remove ST financing Non -Departmental 2007 LTGO Principal 34,716 Remove ST financing Non -Departmental 2007 LTGO Interest 8,679 Remove ST financing Non -Departmental Ending Fund Balance 105,024 Remove ST financing Non -Departmental GO Bond Proceeds 640,819 Record Bond Proceeds Non -Departmental 2006 HVAC Principal 626,108 Record Bond Proceeds Non -Departmental Debt Issue Costs 14,711 Record Bond Proceeds Non -Departmental 2007 LTGO Principal 22,542 Record Debt Service Payments Non -Departmental 2007 LTGO Interest 24,263 Record Debt Service Payments Non -Departmental Ending Fund Balance 46,805 Record Debt Service Payments Street Fund 2007 LTGO Principal 1,742 Record Debt Service Payments Street Fund 2007 LTGO Interest 1,875 Record Debt Service Payments Street Fund Ending Fund Balance 3,617 Record Debt Service Payments Facilities Maintenance 2007 LTGO HVAC 587,050 Record Bond Proceeds Facilities Maintenance Construction 578,931 Record Bond Proceeds Facilities Maintenance Debt Issue Costs 8,119 Record Bond Proceeds REET 1 2007 LTGO Principal 10,140 Record Debt Service Payments REET 1 2007 LTGO Interest 10,914 Record Debt Service Payments REET 1 Ending Fund Balance 21,054 Record Debt Service Payments Utility Fund Debt Issue Costs 26,243 Record Bond Proceeds Utility Fund Debt Issue Costs 4,233 Record Bond Proceeds Utility Fund Debt Issue Costs 4,233 Record Bond Proceeds Utility Fund GO Bond Proceeds 1,699,709 Record Bond Proceeds Utility Fund Interfund Transfer 1,665,000 Record Bond Proceeds Utility Fund 2007 LTGO Principal 42,718 Record Debt Service Payments Utility Fund 2007 LTGO Interest 45,979 Record Debt Service Payments Utility Fund 2007 LTGO Principal 1,170 Record Debt Service Payments Utility Fund 2007 LTGO Interest 1,259 Record Debt Service Payments Utility Fund 2007 LTGO Principal 936 Record Debt Service Payments Utility Fund 2007 LTGO Interest 1,007 Record Debt Service Payments Utility Fund Ending Fund Balance 93,069 Record Debt Service Payments Utility Fund Interfund Transfer 1,665,000 Record Proceed Transfer Utility Fund Proceeds of other LTD 900,000 Record Proceed Transfer Packet Page 164 of 217 Utility Fund Ending Fund Balance 765,000 Record Proceed Transfer Utility Fund GO Bond Proceeds 2,041,693 Record Bond Proceeds Utility Fund Construction 1,322,093 Record Bond Proceeds Utility Fund Debt Issue Costs 19,600 Record Bond Proceeds Utility Fund Bond Principal 700,000 Record Bond Proceeds Utility Fund 2007 LTGO Principal 50,752 Record Debt Service Payments Utility Fund 2007 LTGO Interest 54,626 Record Debt Service Payments Utility Fund Ending Fund Balance 105,378 Record Debt Service Payments New Items for Council to Consider Information Services Salaries 19,000 Police Salaries 8,800 Parks and Recreation Salaries 15,500 Public Works Salaries 6,000 Fire Salaries 20,700 Salary payouts for retirements and Police Salaries 19,500 resignations transferred from non - Police Salaries 37,000 departmental to the various departments. Non -Departmental Benefits 120,000 The excess costs reduce ending fund Ending Fund Balance Ending Fund Balance 6,500 balance. Police Grant Revenue 7,046 Police Patrol Overtime 3,059 Police Patrol Benefits 417 Police Traffic Overtime 3,137 Increase in overtime and benefits due to Police Traffic Benefits 433 WTSC Speeding Emphasis Grant Police Grant Revenue 2,600 Police Patrol Overtime 829 Police Patrol Benefits 113 Police Traffic Overtime 1,459 Increase in overtime and benefits due to Police Traffic Benefits 199 WTSC Seatbelt Enforcement Grant Fire Grant Revenue 1,439 Received grant money from Dept of Health Fire Supplies 1,439 to purchase ALS supplies. Parks and Recreation Donations 1,325 Hubbard Family Foundation Grant - Parks and Recreation Supplies 1,325 software for the Discovery Program Parks and Recreation Donations 15,000 Edmonds Police Foundation Donation - Parks and Recreation Ending Fund Balance 15,000 Skateboard Park Packet Page 165 of 217 AM-1133 Ordinance for Constitutionally Protected Events Edmonds City Council Meeting Date: 08/20/2007 Submitted By: Dan Clements Time: Consent Department: Administrative Services Type: Action Review Committee: Finance Action: Approved for Consent Agenda Tnfnrm a+inn Subject Title Proposed Ordinance to establish a procedure for Constitutionally Protected Events. 2.H. Recommendation from Mayor and Staff During the annual Washington Cities' Insurance Agency audit of the City's insurance and risk management programs, it was noted that Edmonds did not have a formal policy for processing Fourteenth Amendment (Freedom of Speech) event applications. This ordinance establishes a procedure for these applications. Previous Council Action Approved by the Finance Committee on August 15. Narrative Fiscal Impact A ttai-hmante Link: Events Procedure Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 08/15/2007 05:12 PM APRV 2 Mayor Gary Haakenson 08/15/2007 05:25 PM APRV 3 Final Approval Linda Hynd 08/16/2007 09:02 AM APRV Form Started By: Dan Started On: 08/15/2007 04:22 Clements PM Final Approval Date: 08/16/2007 Packet Page 166 of 217 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 4.98 CONSTITUTIONALLY PROTECTED EVENTS TO ESTABLISH CRITERIA FOR APPROVING, CONDITIONING, AND DENYING PERMITS FOR EVENTS THAT ARE CONSTITUTIONALLY PROTECTED INTENDED PRIMARILY FOR THE COMMUNICATION OR EXPRESSION OF IDEAS, PROVIDING FOR SEVERABILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, certain events that attract a large number of people, whether on public or private property, impact both vehicular and pedestrian traffic causing congestion on public streets, rights -of -ways, and other public facilities; and WHEREAS, certain events that attract a large number of people, whether on public or private property, impact the need for City -provided emergency services, such as police, fire or medical aid; and WHEREAS, sometimes said events are constitutionally protected although certain regulation and guideline by the City are permitted; and WHEREAS, the City Council deems it appropriate to establish criteria for permitting such events, while recognizing our right to organize and participate in constitutionally protected events, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 4.98 ECC Constitutionally Protected Events. is hereby adopted in Title 4 ECC Licenses. to read as follows: Chapter 4.98 {BFP665879.DOC;2/00006.900030/} - I - Packet Page 167 of 217 CONSTITUTIONALLY PROTECTED EVENTS Sections: 4.98.010 Definitions. 4.98.020 Permit Required. 4.98.030 Grounds For Denial Of Application. 4.98.040 Permit Conditions - Appeal. 4.98.050 Revocation Of Permits. 4.98.060 Violation — Penalty. 4.98.070 Savings Clause. 4.98.010 Definitions. A. "Constitutionally Protected Events" include any event, such as political or religious activity, intended primarily for the communication or expression of ideas that is to be conducted on public property or on a public rights -of -way; and, also, any such event held on private property which would have a direct significant impact on traffic congestion; or traffic flow to and from the event over public streets or rights -of -ways; or which would significantly impact public streets or rights -of -way near the event; or which would significantly impact the need for City -provided emergency services, such as police, fire or medical aid. B. "Use" shall mean to construct, erect, or maintain in, on, over or under any street, right-of- way, park or other public place, any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the City, including a use related to special events. 4.98.020 Permit Required. A. A permit from the City is required for any Constitutionally Protected Events as defined in this Chapter. Such permit shall be in lieu of any other city permit, including but not limited to parade, street use and park use permits as they may be required by ordinance. B. Contents of application: The applicant must file the application in writing on a form supplied by the City to the license officer, setting forth: 1. Contact information of the applicant, including but not limited to name, telephone number and address; 2. the date, time, and expected duration of the event; 3. The probable number of participants; 4. The place or route of the event, including a map and written narrative of the proposed route; 5. A description of all public ways proposed to be blocked; {BFP665879.DOC;2/00006.900030/1 - 2 - Packet Page 168 of 217 6. A description of the measures to be taken to protect participants and the general public from injury, including traffic control and crowd control, emergency medical services, fire and life safety services and emergency communication systems; 7. A description of the measures to be taken to insure cleanup of any litter or damage resulting from the event; 8. The number and location of portable sanitation facilities, if any; 9. A certification that the applicant will be financially responsible for any cost to the City resulting from breach of any condition of the permit; 10. A certification that the applicant will not sponsor or encourage any commercial activity unrelated to First Amendment rights during the event; 11. A description of the types and number of vehicles to be used in the special event; 12. Insurance and surety bond information, if any; 13. Any other additional information required to ensure public health, safety and welfare. C. A Constitutionally Protected Event permit is not required for the following: 1. Parades, athletic events or other special events that occur exclusively on City property and are sponsored or conducted in full or in part by the City. 2. Funeral and wedding processions. 3. Groups required by law to be so assembled. 4. Gatherings of 30 or fewer people in a City park, unless merchandise or services are offered for sale or trade. 6. Other similar events and activities which do not directly affect or use City services of property. D. Any person desiring to obtain a Constitutionally Protected Event permit shall apply for such a permit by filing an application with the City at least sixty (60) days prior to the date on which the event is to occur. E. Waiver of Application Deadline: Upon a showing of good cause or at the discretion of the City, the City shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other City services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed. 4.98.030 Grounds For Denial Of Application. A. The City may deny an application for a Constitutionally Protected Event permit if: 1. The applicant provides information that is false, misleading, or nonexistent in any material detail; the applicant fails to complete the application or to supply other required information of documents; or the applicant declares or shows an {BFP665879.DOC;2/00006.900030/1 - 3 - Packet Page 169 of 217 unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit; 2. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property; or 3. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public. 4. The proposed event would engage in, advocate, or encourage illegal activities that threaten and endanger public health, safety and welfare. B. In the event subsection 2 or 3, above applies, the City shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. 4.98.040 Permit Conditions - Appeal. A. The City may condition the issuance of a Constitutionally Protected Event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. The following conditions apply to all Constitutionally Protected Event permits: 1. Alteration of the time, place and manner of the event proposed on the event application. 2. Conditions concerning the area of assembly and disbanding of an event occurring along a route. 3. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or rights -of -way. 4. Conditions concerning cleanup and restoration of areas used for the permitted event upon conclusion. 5. Compliance with any other applicable federal, state or local law or regulation. B. The applicant shall have the right to appeal the denial of a permit or a permit condition. A written Notice of Appeal shall be filed within three (3) business days after receipt or personal delivery of a notice of denial or permit conditions from the City. Receipt of notice of denial or permit conditions shall be presumed three days after the same is mailed with USPS postage prepaid and certified. The written Notice of Appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The Hearing Examiner shall hear the appeal on the record provided from the designated City official and upon public comment given at the scheduled hearing before the Examiner. The hearing shall be scheduled for the earliest possible hearing date after receipt of a timely and proper Notice of Appeal. The decision of the Hearing Examiner shall be final. 4.98.050 Revocation Of Permits. {BFP665879.DOC;2/00006.900030/} -4- Packet Page 170 of 217 A. Any permit issued under this ordinance may be summarily revoked by the City at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the City determines the safety of the public or property requires such immediate revocation. The City may also summarily revoke any permit issued pursuant to this ordinance if the City finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. B. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. To the extent that written notice by personal service or certified mail is not likely to achieve timely actual notice, any other reasonable form of notification intended to achieve the same shall suffice. 4.98.060 Violation —Penalty. A. It shall be unlawful for any person to sponsor or conduct an event requiring a Constitutionally Protected Event permit pursuant to this ordinance unless a valid permit has been issued and remains in effect for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a once valid permit has expired or been revoked. B. The Constitutionally Protected Event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired. C. Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a penalty of a fine of not more than five hundred dollars or by imprisonment of not more than ninety days, or both such fine and imprisonment. 4.98.070 Savings Clause. If any section, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, {BFP665879.DOC;2/00006.900030/} - 5 - Packet Page 171 of 217 such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is an administrative and legislative act not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM W. Scott Snyder APPROVED: MAYOR GARY HAAKENSON {BFP665879.DOC;2/00006.900030/} - 6 - Packet Page 172 of 217 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2007, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 4.98 CONSTITUTIONALLY PROTECTED EVENTS TO ESTABLISH CRITERIA FOR APPROVING, CONDITIONING, AND DENYING PERMITS FOR EVENTS THAT ARE CONSTITUTIONALLY PROTECTED INTENDED PRIMARILY FOR THE COMMUNICATION OR EXPRESSION OF IDEAS, PROVIDING FOR SEVERABILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 12007. CITY CLERK, SANDRA S. CHASE {BFP665879.DOC;2/00006.900030/} -7- Packet Page 173 of 217 AM-1134 95th Place W Storm Drainage Improvement Contract Award Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: Action: 08/20/2007 Dave Gebert Engineering Approved for Consent Agenda Information Time: Type: Consent Action 2.I. Subject Title Report on bids opened on August 14, 2007 for the 95th Place West Storm Drainage Improvement Project and award of contract to Interwest Construction, Inc. ($112,790). Recommendation from Mayor and Staff Council award the contract for the 95th Place West Storm Drainage Improvement Project to Interwest Construction, Inc. for $112,790. Previous Council Action On July 24, 2007, Council authorized staff to call for bids on the 95th Place West Storm Drainage Improvement Project. Narrative This project is located at the intersection of 95th Place W and Edmonds Way (SR 104) in the Edmonds Way Basin. This project is a portion of the 93rd Avenue W. Storm Drainage Improvements project. The existing drainage system is undersized for the large storm events, and the proposed improvement will provide much greater capacity compared to the existing storm system in place. Also, the current system flows through a private property, and the new system will be confined to the City right-of-way. It is a high priority to complete this project before winter weather. Using the Small Works Roster process, Staff solicited bids on July 31, 2007 from five construction contractors. On August 14, 2007 the City received 2 bids for the 95th Place W. Storm Drainage Improvement Project. The bid tabulation is attached. The low bid in the amount of $112,790 was submitted by Interwest Construction, Inc. The second bid was in the amount of $139,040. The engineer's estimate was $90,682. After a review of the differences between the engineer's estimate and the Interwest Construction bid, it was determined that the Interwest bid is reasonable considering the degree of difficulty associated with working in the very busy SR104 (Edmonds Way), the 9 foot trench depth required for this project, and the variables associated with estimating such work. A review of the low bidder's record and references was also satisfactory. There is sufficient funding for this project. The adopted 2007 capital budget includes $760,000 for the 93rd Avenue W./96th Avenue West Storm Improvement Project, which includes the 95th Place West drainage improvements. Fiscal Impact Packet Page 174 of 217 Attachments Link: Bid Tab Form Routinji/Status Route Seq Inbox Approved By Date Status 1 Development Services Duane Bowman 08/17/2007 08:50 AM APRV 2 City Clerk Linda Hynd 08/17/2007 08:54 AM APRV 3 Mayor Gary Haakenson 08/17/2007 08:55 AM APRV 4 Final Approval Linda Hynd 08/17/2007 08:56 AM APRV Form Started By: Dave Gebert Started On: 08/15/2007 04:43 PM Final Approval Date: 08/17/2007 Packet Page 175 of 217 Bid Tabulation 95th Place West Storm Drain Improvement Project Project No. E4FE/cl85 ENGINEER'S ESTIMATE SCHEDULE A - Friar Tuck Lane Interwest Construction, Inc. Earthwork Enterprises Inc. ITEM APPROX. UNITS DESCRIPTION OF ITEM UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE NO. QUANTITY Dlrs. Cents Dirs. Cents Dlrs. Cents Dirs. Cents Dlrs. Cents Dirs. Cents 1 1 LS MOBILIZATION 5,000.00 5,000.00 $7,500.00 7,500.00 $15,000.00 $15,000.00 2 1 LS SHORING & TRENCH SAFETY 7,000.001 7,000.00 $5,000.00 5,000.00 $15,000.00 $15,000.00 3 101 LF 30" DIAMETER HDPE STORM DRAIN PIPE 250.00 25,250.00 $350.00 35,350.00 $200.00 $20,200.00 4 1 EA 84" DIAMETER TYPE II CATCH BASINS 15,000.00 15,000.00 $30,000.00 30,000.00 $20,000.00 $20,000.00 5 1 EA CONNECTION TO EXISTING 72" 2,500.00 2,500.00 $5,000.00 5,000.00 $12,000.00 $12,000.00 DIAMETER CATCH BASIN 6 50 LF IMPORT BACKFILL MATERIAL 90.00 4,500.00 $105.00 5,250,00 $100.00 $5,000.00 7 101 LF TEMPORARY TRENCH PATCH 110.00 11,110.00 $20.00 2,020.00 $40.00 $4,040.00 8 20 SF FOUNDATION STABILIZATION 140.00 2,800.00 $40.00 800.00 $100.00 $2,000.00 9 1 LS TRAFFIC CONTROL 9,000.00 9,000.00 $10,500.00 10,500.00 $18,000.00 $18,000.00 10 1 LS REMOVE SECTION OF EXIST. 18" CMP & 4,000.00 4,000.00 $3,500.00 3,500.00 $5,000.00 $5,000.00 FILL ABANDONED SECTIONS WITH 11 50 LF 3" ASPHALT CONCRETE PAVEMENT 17.00 850.00 $35.00 1,750.00 $150.00 $7,500.00 ACP PATCH 12 51 LF 12" ASPHALT CONCRETE PAVEMENT 72.00 3,672.00 $120.00 6,120.00 $300.00 $15,300.00 ACP PATCH SUBTOTAL 90,682.00 SUBTOTAL 112,790.00 SUBTOTAL 8.9% Tax N/A 8.9% Tax N/A 8.9% Tax TOTAL 90,682.00 TOTAL 112,790.00 TOTAL Failed to provide unit price for each line item 139,040.00 N/A 139,040.00 Packet Page 176 of 217 AM-1121 Proposed Resolution thanking Student Representative Shaun Callahan Edmonds City Council Meeting Date: Submitted By: Submitted For: Department: Review Committee: S efinn 08/20/2007 Jana Spellman Council President Pritchard Olson Time: Consent City Council Type: Action Information Subject Title Proposed Resolution thanking Student Representative Shaun Callahan. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Proposed Resolution thanking Student Representative Shaun Callahan. Fiscal Impact Attachments Link: Callahan Resolution Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 08/15/2007 10:17 AM APRV 2 Mayor Gary Haakenson 08/15/2007 10:20 AM APRV 3 Final Approval Linda Hynd 08/15/2007 10:28 AM APRV Form Started By: Jana Started On: 08/03/2007 09:56 Spellman AM Final Approval Date: 08/15/2007 2.J. Packet Page 177 of 217 3aeg;0lutt'On .A Resolution of the Edmonds City CounciCCommending *baun (fallabau for his Service as a Student .Member of the Edmonds City Council -Whereas, Shaun CaCCahan, a student at Edmonds-Woodway High School, was selected to serve as a Student Representative of the Edmonds City Council; and -Whereas, Shaun CaCCahan, served as a Student Representative of the City Council during the Spring/Summer Term of 2007; and -Whereas, during his tenure as Student Representative, Shaun CaCCahan participated fully during the comment period of the Council meeting, had exemplary attendance, and managed all this while attending school and participating in various school activities, Wow, Therefore, Be It R.esolvec� that Shaun Callahan be commended for his participation in city government in Edmonds during his term in office, and Be It ,Further Resolved that the City Council and the Mayor hereby extend their best wishes to Shaun in his future endeavors and express the hope that he will continue to contribute his fine talents to the democratic process of government in the City of Edmonds and elsewhere. Wow, Therefore, Be It Passed, ,Approved; ,Andd.Adoptedd2Jhis lost day of .August, 2007. Gary Haakenson, Mayor Michael Plunkett, Councilmember Deanna Dawson, Councilmember Ron Wambolt, Councilmember Attest: City Clerk Peggy Pritchard Olson, Council President Mauri Moore, Councilmember Richard Marin, Councilmember David J. Orvis, Councilmember Packet Page 178 of 217 AM-1130 Edmonds City Council Meeting Date: 08/20/2007 Submitted By: Jana Spellman Submitted For: Council President Pritchard Olson Time: 5 Minutes Department: City Council Type: Action Review Committee: Action: Information Subject Title Presentation of Resolution and plaque to Student Representative Shaun Callahan. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative 3. Presentation of resolution and plaque to Edmonds-Woodway High School Student Representative Shaun Callahan. No file(s) attached. Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 08/15/2007 10:17 AM APRV 2 Mayor Gary Haakenson 08/15/2007 10:20 AM APRV 3 Final Approval Linda Hynd 08/15/2007 10:28 AM APRV Form Started By: Jana Started On: 08/15/2007 10:10 Spellman AM Final Approval Date: 08/15/2007 Packet Page 179 of 217 AM-1125 Acceptance of Point Edwards public easements. Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: Action: 08/20/2007 Duane Bowman Development Services Information Subject Title Acceptance of Point Edwards Public Easements. Time: Type: Recommendation from Mayor and Staff Authorize the Mayor to sign the easements to allow them to be recorded. Previous Council Action 10 Minutes EN The City Council, on July 2, 2002, adopted Ordinance 3402 creating the MP -Hillside zones covering the former Unocal property. Later on July 23, 2002, the City Council passed Ordinance 3411 approving the contract rezone covering the upper hillside property, paving the way for the development that is now occurring known as the Point Edwards condominium project. Narrative As part of the approval of the Point Edwards condominium project on the former Unocal property, the applicant was required to to provide easements for public viewpoints and for a detention pond vehicle access. There are three viewpoints on Pine Street and one overlooking the Edmonds marsh. The attached easements comply with the requirements established by the Point Edwards project approval. As part of the decision and approval of the master plan, the roads within the development were to be remain private and were designed to private standards. Maintenance of the interior roads will be the responsibility of the Pt. Edwards homeowners association. The development however was required, per the master plan, to provide public viewpoints off Pine Street and above the Edmonds Marsh for the benefit of the public. In addition there is a stormwater pond that the city public works needs access to which is the reason for the utility easement. Fiscal Impact Attachments Link: Exhibit 1 -PT Edwards Easement Link: Exhibit 2 - Pt. Edwards Viewpoint easement Link: Exhibit 3 - Pt. Edwards Utility Easement Link: Exhibit 4 - Pt. Edwards Site Plan Form Routing/Status Packet Page 180 of 217 Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 08/15/2007 06:17 PM APRV 2 Mayor Gary Haakenson 08/16/2007 09:22 AM APRV Final Approval Linda Hynd Form Started By: Duane Bowman Final Approval Date: 08/16/2007 08/16/2007 03:29 PM APRV Started On: 08/10/2007 09:15 AM Packet Page 181 of 217 AFTER RECORDING RETURN TO: City of Edmonds ATTN: City Clerk 121 — 5t` Avenue North Edmonds, WA 98020 Grantor: 1) Point Edwards, LLC ❑ Additional on page Grantee: 1) City of Edmonds ❑ Additional on page _ Legal Description Portion of Parcel "B", Edmonds LLA, AF No. (abbreviated): 200202145001 and correction thereto, AF No. 200204291076 ❑ Additional on Exhibit A attached Assessor's Tax Parcel 270326-001-026-00; 010226-061- Nos: 101-00 through 010226-061-306-00; 010226-065-101-00 through 010226- 065-305-00; 010226-071-101-00 through 010226-071-303-00; 010226- 075-101-00 through 010226-075- 305-00; and 010226-051-101-00 through 010226-051-316-00 Ref. Nos. of Documents Released/ or Assigned: None EASEMENT FOR PINE STREET PEDESTRIAN PUBLIC ACCESS (SCENIC OVERLOOKS) THIS EASEMENT FOR PINE STREET PEDESTRIAN PUBLIC ACCESS (S�f:ENIC OVERLOOKS) ("Easement") is entered into as of this day of -jC/V1 e 2007, by and between POINT EDWARDS, LLC, a Washington limited liability company ("Developer"), on behalf of itself and its successors and assigns ("Grantor"), and the CITY OF EDMONDS, WASHINGTON, an optional code municipal corporation ("City"), in trust for the general public ("Grantee"). PtEd.OverlookPublicEasmnt.06.2007 Packet Page 182 of 217 RECITALS A. Developer is constructing a phased multi -family residential condominium project in the City of Edmonds, Snohomish County, Washington known as Point Edwards (the "Project") encompassing certain real property legally described in that certain Condominium Declaration for the Project recorded under Snohomish County Auditor's File No. 200501120102, as amended by Amendment Nos. 1, 2, and 3 thereto, filed, respectively, under Snohomish County Auditor's File Nos. 200510050297, 200512050873, and 200612220694 (as so amended and as it hereafter may be further amended in accordance with its terms, the "Declaration"). B. Developer is entering into this Easement in the exercise of development rights expressly reserved to it as the Declarant under the Declaration. C. City has issued and, subject to compliance with all applicable laws and regulations, will in the future issue, development approvals for the Project, including final approval of a Site Improvement Permit under City Permit No. 2004-0139 (the "Site Improvement Permit"), and various building, construction, occupancy, and other approvals for the Project. D. Site improvements required to be constructed by Developer under the Site Improvement Permit include three (3) scenic overlooks on private property within the Project abutting the northern boundary of the public right-of-way for Pine Street (the "Pine Street Overlooks"). The separate areas occupied by the three Pine Street Overlooks and subject to the rights of public pedestrian access hereby granted are legally described in Exhibit A attached hereto and incorporated herein by this reference, and are shown in Exhibit B attached hereto and incorporated herein by this reference ("Overlook Easement Areas"). The Overlook Easement Areas are referred to in Exhibits A and B as, respectively, Overlook Easement Area "A", Overlook Easement Area "B", and Overlook Easement Area "C". E. The public pedestrian access rights must account for the fact that the Overlook Easement Areas are located entirely on private property in a residential development and are subject to the exercise of reasonable and appropriate controls and use restrictions as specified herein. F. Grantor intends, by this instrument, to allow for public pedestrian access to and use of the Overlook Easement Areas only for observation, viewing, and enjoying the scenic attributes of the surrounding area, without fees of any kind being charged to any public users, subject to all other terms and conditions herein specified, as contemplated under Washington's Recreational Use Statute, RCW 4.24.210, and to receive the protections afforded thereunder, namely freedom from liability for any and all unintentional injuries to such users. PtEd.OverlookPublicEasmnt.06.2007 2 Packet Page 183 of 217 G. The parties desire, by this instrument, to provide for such easements in favor of the general public for pedestrian access to the Overlook Easement Areas for the purposes specified herein and no other purposes or uses, and to set forth other agreements and covenants pertaining thereto, all subject to and in accordance with the following terms and conditions. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: AGREEMENTS 1. Grant of Public Pedestrian Access Easement. For valuable consideration, Developer, in the exercise of rights reserved under Declaration Section 24.5, hereby grants and conveys to Grantee, effective upon Grantee's issuance of final, non -conditional approval of the Site Improvement Permit and recordation of this instrument, a perpetual, irrevocable, non-exclusive easement over and upon the surface of the Pine Street Overlooks within the Overlook Easement Areas, for pedestrian access only by the general public from the abutting Pine Street right-of-way, for observation, viewing, and enjoyment of the scenic vistas, and for no other use or purpose. Grantee acknowledges and agrees that the Overlook Easement Areas and the Pine Street Overlooks are owned by, and shall remain the private property of, Grantor, subject only to the rights expressly herein granted. Grantor may install visible but discrete signage in locations in or upon the Overlook Easement Areas, and of size, style, and content acceptable to Grantor (subject to Grantee's sign regulations, as applicable) informing members of the public that they may enter upon the Overlook Easement Areas, at their own liability and risk, for the purposes specified herein including any warnings, cautions, or disclaimers deemed appropriate by Grantor ("Public Signage"). Any Public Signage may make reference to the Recreational Use Statute, RCW 4.24.210, as it may be amended. City and Grantee shall not be allowed to place, install, erect or construct any signs, fencing, structures, or other improvements anywhere within or upon the Overlook Easement Areas, or elsewhere upon Grantor's Property, pertaining to the Overlook Easement Areas. Grantee further acknowledges that this grant creates a limited pedestrian right of access only and does not constitute a dedication of the Pine Street Overlooks or the Overlook Easement Areas in whole or part for public ownership or any other purpose or use. 2. Maintenance: Indemnification. Subject to the provisions of Paragraph 3 below, Grantor shall be solely responsible for all maintenance, repair, restoration, replacement, and reconstruction of the Pine Street Overlooks from time to time, at Grantor's sole cost, and releases, indemnifies, and holds City harmless therefrom. Grantor shall have the right to seek recovery from the responsible party or parties for any cost, damage, loss, or injury attributable to the negligent or intentional misuse of the Pine Street Overlooks or any other violation of the terms and condition of this Easement. PtEd.OvertookPublicEasmnt.062007 3 Packet Page 184 of 217 3, Reserved Rights; Enforcement. Grantor reserves all rights of ownership of, access to, and use of, the Pine Street Overlooks and the Overlook Easement Areas ("Private Use"), including, without limitation, access to and use thereof by owners and occupants of units in the Project, their guests and invitees, not inconsistent with the public pedestrian access rights herein granted. Grantor may post "Private Property", "No Trespass" or "No Public Access/Entry", or similar signs to prevent the public from unauthorized entry upon any portions of Grantor's Property other than the Pine Street Overlooks within the Overlook Easement Areas. Should the use of the Pine Street Overlooks under this Easement, in Grantor's reasonable determination, pose security, safety, privacy or similar issues adversely affecting the Project or its residents, occupants or guests, Grantor shall bring such issues to City's attention and appropriate steps will be taken by Grantor and City to address and resolve them in a mutually acceptable manner, and this Easement shall be amended accordingly. Nothing in this Easement is intended, or shall be deemed, to modify or amend any provisions of the Declaration, or to expand or, except as expressly herein provided, to limit the rights, authority, or responsibilities of Developer as Dcclarant or of the Point Edwards Owners Association ("Association") thereunder. Any modification or amendment of the Declaration occurring after the effective date of this Easement shall be subject to all terms and conditions hereof 4. Limitation of Liability and Users' Assumption of Risk. By the reservation of rights and interests and the allocation of responsibilities hereunder, or the exercise or non -exercise of such reserved rights, interests, and/or responsibilities in any instance, or by any other actions taken by Grantor or by City as herein contemplated, neither Grantor nor City assumes or undertakes any liability or duty of care to members of the general public who may obtain access to any of the Overlook Easement Areas, beyond the duty that may be found to exist as a matter of public policy under applicable Washington law.. To the fullest extent allowed by law, including, without limitation, the Recreational Use Statute, RCW 4.24.210, as it may be amended, Grantor and City expressly disclaim any such liability or duty to members of the general public and such persons assume all risk and liability associated with their entry upon, access over, and use of the Overlook Easement Areas hereunder. 5. Term. This Easement and all rights granted herein shall remain in full force and effect in perpetuity, unless terminated and abandoned by City in accordance with the statutory and ordinance procedures applicable to the termination, vacation, or abandonment of a public easement, which shall, at a minimum, include 60 days' prior written notice to Grantor, in which event City shall execute and record a written instrument confirming such termination, vacation, and/or abandonment. 6. Exercise of Rights. 6.1. By City. City receives and holds the public pedestrian access rights granted herein in trust for the general public, and all of Grantee's enforcement rights and remedies hereunder shall be vested solely and exclusively in City and exercised only by PiEd.OverlookPublicEasmnt.06.1007 4 Packet Page 185 of 217 City, in the public interest. No member of the general public or other person or entity, has or may exercise any enforcement rights or remedies hereunder on behalf of Grantee. 6.2. By Grantor. Exercise and enforcement of all rights reserved by Grantor hereunder shall be vested solely and exclusively in Developer as Declarant under the Declaration until the Transition Date as therein defined, and then in the Association, on behalf of the owners of units in the Condominiums as successors in interest to such rights, in accordance with and subject to the terms and conditions of the Declaration. 7. Recordation. Upon mutual execution, Grantee shall cause this instrument to be recorded in the official Snohomish County, Washington real property records. 8. Attorneys' Fees. In the event of any default by a party hereunder, the defaulting party shall pay the non -defaulting party's costs and reasonable attorneys' fees, whether suit is instituted or not, and such costs shall include any and all court costs and filing fees, including costs on appeal from any judgment. 9. Grantor. For all purposes of this Easement, but subject to Section 6.2 above, "Grantor" shall include, but not be limited to, the Association and its members, pursuant to the Declaration, all of whom, together with Developer, are bound by all terms and conditions hereof as covenants running with the land. 10. Miscellaneous. This Easement constitutes the complete agreement between the parties with respect to the subject matter hereof, and may not be amended except in writing signed by the parties hereto with the formalities hereof. The provisions of this instrument shall be interpreted and enforced in accordance with the laws and judicial decisions of the State of Washington. IN WITNESS WHEREOF, the parties have executed this Pedestrian Public Access Easement as of the date first written above. POINT EDWARDS, LLC, a Washington limited liability company B - • rederick W. Grimm, Its Manager CITY OF EDMONDS, a Washington municipal corporation IM Gary Haakenson, Its Mayor PtEd.OverlookPublicEasmnt.06.2007 5 Packet Page 186 of 217 ACKNOWLEDGMENTS STATE OF WASHINGTON ) ss. COUNTY OF ) On this day appeared before me Frederick W. Grimm, the Manager of POINT EDWARDS, LLC, a Washington limited liability company, and stated that he is authorized to execute this instrument on behalf of said limited liability company for uses and purposes herein mentioned. %� Ied �y � 2� , 2007. 9p, T 'a 1t �'ra544�.'t� NOTARY PUBLIC in and for the State of Washington Printed Name ted N_T �42f�-T.. 3-7 �Gc -Pi J� j A��LG Residing at (-y n � w �o a,,r0. � 01 p,��© My appointment expires // /r11 l Q1PWAS ' , +. STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day appeared before me Gary Haakenson, the Mayor of THE CITY OF EDMONDS, a Washington municipal corporation, and stated that he is authorized to execute this instrument on behalf of said municipal corporation for uses and purposes herein mentioned. Dated 52007. NOTARY PUBLIC in and for the State of Washington Printed Name Residing at My appointment expires PtEd.OverlookPublacEasmnt.06.2007 G Packet Page 187 of 217 EXHIBIT "A" POINT EDWARDS PINE STREET OVERLOOK AREA EASEMENTS PAGE I OF 3 LEGAL DESCRIPTION OF OVERLOOK EASEMENT "A"; COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF GOVERNMENT LOT I IN SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON; THENCE N 88°5I' l 6"W, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 83.94 FEET; THENCE N 01 008' 14"E 132.64 FEET TO THE NORTHERLY MARGIN OF PINE STREET AND THE TRUE POINT OF BEGINNING, BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 47.81 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 79037'27'E; THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 96030'24", AN ARC DISTANCE OF 80.54 FEET; THENCE S 03045'06"W, ON A RADIAL LINE, A DISTANCE OF 9.97 FEET TO POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 37.85 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 03°45'06"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 26.40' 15, AN ARC DISTANCE OF 17.62 FEET TO THE NORTHERLY MARGIN OF PINE STREET; THENCE S 54051'46"E, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 75.54 FEET TO THE POINT OF BEGINNING. CONTAINING 1504 SQUARE FEET, MORE OR LESS. Packet Page 188 of 217 EXHIBIT "A" POINT EDWARDS PINE STREET OVERLOOK AREA EASEMENTS LEGAL DESCRIPTION OF OVERLOOK EASEMENT "B"; PAGE 2 OF 3 COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON; THENCE N 88051'46"W, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 302.08 FEET; THENCE N 01 °08' 14"E 272.38 FEET TO THE NORTHERLY MARGIN OF PINE STREET AND THE TRUE POINT OF BEGINNING, BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 49.23 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 80°04'36"E; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°29'07', AN ARC DISTANCE OF 23.62 FEET; THENCE N 52°35'29"E, ON A RADIAL LINE, A DISTANCE OF 10.1 1 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 59.34 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 52°55'29"E; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 51°09'43", AN ARC DISTANCE OF 52.99 FEET; THENCE S 01 025'46"W, ON A RADIAL LINE, A DISTANCE OF 9.94 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 49.40 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 01025'46"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19042' 16", AN ARC DISTANCE OF 16.99 FEET; THENCE S 180I6'30"E, ON A RADIAL LINE, A DISTANCE OF 9.95 FEET; THENCE S 70024'42"W 1.81 FEET TO THE NORTHERLY MARGIN OF PINE STREET; THENCE SOUTHEASTERLY, ALONG SAID NORTHERLY MARGIN, TO THE POINT OF BEGINNING. CONTAINING 1636 SQUARE FEET, MORE OR LESS. Packet Page 189 of 217 EXHIBIT "A" POINT EDWARDS PINE STREET OVERLOOK AREA EASEMENTS LEGAL DESCRIPTION OF OVERLOOK EASEMENT "C"• PAGE 3 OF 3 COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF GOVERNMENT LOT I IN SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON; THENCE N 88051'46"W, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT I, A DISTANCE OF 545.27 FEET; THENCE N 01 008' 14"E 284.15 FEET TO THE NORTHERLY MARGIN OF PINE STREET AND THE TRUE POINT OF BEGINNING, BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 41.13 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 25043'46"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 89°08' 19", AN ARC DISTANCE OF 63.98 FEET; THENCE S 65041'58"E, ON A RADIAL BEARING, A DISTANCE OF 10.08 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 31.05 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 65°41'58"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 20000'34", AN ARC DISTANCE OF 10.84 FEET TO THE NORTHERLY MARGIN OF PINE STREET; THENCE NORTHEASTERLY, ALONG SAID NORTHERLY MARGIN, TO THE POINT OF BEGINNING. CONTAINING 799 SQUARE FEET, MORE OR LESS. ALL SITUATE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF W A S HINGTON. FILE: K:OWG1200312035710VERLOOK ESMT.doc Packet Page 190 of 217 EXHIBIT "B" POINT EDWARDS PUBLIC OVERLOOK EASEMENTS A A 9 Ajp �06 ra "� }o �OVMUWIC ESHT AREA OVERiAOK EBHT AREA m z )VERLOOK ESHT AREA rrl a+ A' m GOUT. LOT 1 NW 1/4, NE 1/4 N.T.S. HANSEN SURVEYING LAND SURVEYORS k CONSULTANTS 17420 116TH AM 9.t, RENTON. VA $8058 TEL 425-2W-5440 EAX 425-235-02H Packet Page 191 of 217 AFTER RECORDING RETURN TO: City of Edmonds ATTN: City Clerk 121 — 5th Avenue North Edmonds, WA 98020 Grantor: 1) Point Edwards, LLC ❑ Additional on page Grantee: 1) City of Edmonds ❑ Additional on page Legal Description Portion of Parcel "B", Edmonds LLA, AF No. (abbreviated): 200202145001 and correction thereto, AF No. 200204291076 ❑Additional on Exhibit A attached Assessor's Tax Parcel 270326-001-026-00; 010226-061- Nos: 101-00 through 010226-061-306-00; 010226-065-101-00 through 010226- 065-305-00; 010226-071-101-00 through 010226-071-303-00; 010226- 075-101-00 through 010226-075- 305700; and 0 10226-05 1 -10 1 -00 through 010226-051-316-00 Ref. Nos. of Documents Released/ or None Assigned: PUBLIC FOOTPATHIVIEWPOINT EASEMENT AND AGREEMENT THIS PUBLIC FOOTPATHNIEWPOINT EASEMENT AND AGREEMENT ("Easement") is entered into as of this 201 day of J't/PiF- 2007, by and between POINT EDWARDS, LLC, a Washington limited liability company ("Developer"), on behalf of itself and its successors and assigns ("Grantor"), and the CITY OF EDMONDS, WASHINGTON, an optional code municipal corporation ("City"), in trust for the general public ("Grantee"). PtEd.Rpath-VwpointPublicEasmnt.06.2007 Packet Page 192 of 217 RECITALS A. Developer is constructing a phased multi -family residential condominium project in the City of Edmonds, Snohomish County, Washington known as Point Edwards (the "Project") encompassing certain real property legally described in that certain Condominium Declaration for the Project recorded under Snohomish County Auditor's File No. 200501120102, as amended by Amendment Nos. 1, 2, and 3 thereto, filed, respectively, under Snohomish County Auditor's File Nos. 200510050297, 200512050873, and 200612220694 (as so amended and as it hereafter may be further amended in accordance with its terms, the "Declaration"). B. Developer is entering into this Easement in the exercise of development rights expressly reserved to it as the Declarant under the Declaration. C. City has issued and, subject to compliance with all applicable requirements and regulations, will in the future issue; development approvals for the Project, including a Mitigated Determination of Non -Significance dated May 9, 2003 ("Mitigated DNS"), final approval of a Site Improvement Permit under City Permit No. 2004-0139 (the "Site Improvement Permit"), and various building, construction, occupancy, and other approvals for the Project. D. Mitigating Measure No. 4 in the Mitigated DNS and the conditions of the Site Improvement Permit require Developer to establish the right of the general public to use a footpath and viewpoint ("Improvements") being constructed by Developer as part of the Project within that portion of the Project legally described in Exhibit A attached hereto and incorporated herein by this reference and shown on Exhibit B attached hereto and incorporated herein by this reference (as described and shown, the "Easement Area'), and to provide for the potential future connection of the Easement Area to the contemplated Edmonds Crossing multi -modal project on adjoining real property to the north of the Project, to allow for possible continuation of the footpath for pedestrian public access to the shoreline ("Edmonds Crossing Connection"). E. The granting of these rights must account for the fact that the Easement Area is located entirely on private property in a residential development and is subject to the exercise of reasonable and appropriate controls and use restrictions as specified in the Declaration and herein. F. Developer/Grantor intends, by this instrument, to allow for public use of the Easement Area and the Improvements only for walking, observation, viewing and enjoying the scenic attributes of the surrounding area, without fees of any kind being charged to any public users, subject to all other terms and conditions herein specified, as contemplated under Washington's Recreational Use Statute, RCW 4.24.210, and to PtEdYtpath-VwpointPubiicEasmnt.06.2007 2 Packet Page 193 of 217 receive the protections afforded under said Statute, namely freedom from liability for any and all unintentional injuries to such users. G. The parties desire, by this instrument, to provide for such easement in favor of the general public for pedestrian access to and over the Improvements within the Easement Area, for the purposes specified herein and no other purposes or uses, to provide for the Edmonds Crossing Connection, to provide for termination of the easement and associated rights herein granted on certain conditions, including Developer's withdrawal from the Condominium of all or a portion of the Withdrawable Land (described as the "Future Right of Way" in Schedule D attached to and forming a part of the Declaration), and to set forth other agreements and covenants pertaining thereto, all subject to and in accordance with the following terms and conditions. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: AGREEMENTS 1. Grant of Easement. For valuable consideration, Developer, in the exercise of rights reserved under Declaration Section 24.5, hereby grants and conveys to Grantee, effective upon Grantee's issuance of final, non -conditional approval of the Site Improvement Permit and recordation of this instrument, a perpetual, irrevocable, non- exclusive easement over and upon the Improvements within the Easement Area, for pedestrian access only by the general public for walking, observation, viewing, and enjoyment of the scenic vistas, and for no other use or purpose. Grantee acknowledges and agrees that the Easement Area and the Improvements are owned by, and shall remain the private property of, the owners of units in the Condominium, subject only to the rights expressly herein granted. Grantor may install visible but discrete signage in locations at the entrance to, and in, along, upon, or beside the Easement Area, of size, style, and content acceptable to Grantor (subject to Grantee's sign regulations, as applicable), informing members of the public that they may enter upon the Easement Area, at their own liability and risk, for the purposes specified herein and including any warnings, cautions, or disclaimers deemed appropriate by Grantor ("Public Signage"). Any Public Signage may make reference to the Recreational Use Statute, RCW 4.24.210, as it may be amended, and to the limitation of liability and assumption of risk provisions set forth in this instrument. Neither City nor Grantee shall be allowed to place, install, erect or construct any signs, fencing, structures, or other improvements anywhere within or upon the Easement Area, or elsewhere upon property that is part of the Project, pertaining to the Easement Area or public use thereof. Grantee further acknowledges that this grant creates a limited pedestrian right of access only and does not constitute a dedication of the Improvements or the Easement Area, in whole or part, for public ownership or any other purpose or use. 2. Maintenance; Indemnification. Subject to the provisions of Paragraph 3 below, Grantor shall be solely responsible for all maintenance, repair, restoration, PtEd.Ftpath- vwpointPubl icEasmnt.06.2007 Packet Page 194 of 217 replacement, and reconstruction of the Improvements from time to time, at Grantor's sole cost, and releases, indemnifies, and holds City harmless therefrom. Grantor shall have the right to seek recovery from the responsible party or parties for any cost, damage, loss, or injury attributable to the negligent or intentional misuse of the Improvements or any other violation of the terms and conditions of this Easement. Should the public pedestrian use of the Easement Area and/or Improvements, in Grantor's reasonable determination, pose security, safety, or privacy issues adversely affecting the Project or its residents and occupants, Grantor shall bring such issues to City's attention and appropriate steps will be taken by Grantor and City to address and resolve them in a mutually acceptable manner, and will amend this Easement accordingly. 3. Reserved Rights. Grantor reserves all rights of ownership and control of, access to, and use of, the Improvements and the Easement Area ("Private Use"), including, without limitation, access to and use thereof by owners and occupants of units in the Project, their guests and invitees, not inconsistent with the public pedestrian access rights herein granted. Grantor may post "Private Property", "No Trespass", "No Public Access/Entry", or similar signs to prevent the public from unauthorized entry upon portions of the Project other than the Improvements within the Easement Area. Should the use of the Improvements under this Easement, in Grantor's reasonable determination, pose security, safety, privacy or similar issues adversely affecting the Project or its residents, occupants or guests, Grantor shall bring such issues to City's attention and appropriate steps will be taken by Grantor and City to address and resolve them in a mutually acceptable manner, and this Easement shall be amended accordingly. Nothing in this Easement is intended, or shall be deemed, to modify or amend any provisions of the Declaration, or to expand or, except as expressly herein provided, to limit the rights, authority, or responsibilities of Developer as Declarant or of the Point Edwards Owners Association ("Association") thereunder. Any modification or amendment of the Declaration occurring after the effective date of this Easement shall be subject to all terms and conditions hereof. 4. Limitation of Liability and Users' Assumption of Risk. By the reservation of rights and interests and the allocation of responsibilities hereunder, or the exercise or non -exercise of such reserved rights, interests, and/or responsibilities in any instance, or by any other actions taken by Grantor or by City as herein contemplated, neither Grantor nor City assumes or undertakes any liability or duty of care to members of the general public who may obtain access to the Easement Area, beyond the duty that may be found to exist as a matter of public policy under applicable Washington law. To the fullest extent allowed by law, including, without limitation, the Recreational Use Statute, RCW 4.24.210, as it may be amended, Grantor and City expressly disclaim any such liability or duty to Grantee/members of the general public and such persons assume all risk and liability associated with their entry upon, access over, and use of the Improvements and the Easement Area hereunder. 5. Termination. This Easement and all rights granted herein shall remain in full force and effect in perpetuity, unless terminated in a manner expressly allowed PtEd.Ftpath-VwpointPublieEasmnt.06.2007 4 Packet Page 195 of 217 hereunder. The City may terminate and abandon this Easement at any time, in its election, in accordance with the statutory and ordinance procedures applicable to the termination, vacation, or abandonment of a public easement, which shall, at a minimum, include at least 60 days' prior written notice to Grantor, in which event City shall execute and record a written instrument confirming such termination, vacation, and/or abandonment. This Easement shall terminate automatically and in its entirety, and all rights and interests of Grantee and/or City created hereunder shall expire, upon Developer's withdrawal from the Condominium of all or a portion of the Withdrawable Land, as defined in the Declaration and in the manner allowed thereunder, unless Developer, in its sole and absolute discretion, expressly waives such termination and records a continuance of this Easement. Upon any such automatic termination, Developer and City shall execute and record a written instrument confirming termination of this Easement. Upon any valid termination of this Easement, all obligations of Grantor or Developer, and all rights, entitlements, and interests of Grantee (if any) and of City, relating to the Edmonds Crossing Connection, also will terminate and be of no further force or effect. 6. Exercise of Rights. 6.1. By City. City receives and holds the pedestrian access rights granted herein in trust for the general public, and all of Grantee's enforcement rights and remedies hereunder shall be vested solely and exclusively in City and exercised only by City, in the public interest. No member of the general public or other person or entity, has or may exercise any enforcement rights or remedies hereunder on behalf of Grantee. 6.2. By Grantor. Exercise and enforcement of all rights reserved by Grantor hereunder shall be vested solely and exclusively in Developer as Declarant under the Declaration until the Transition Date as therein defined, and then in the Association, on behalf of the owners of units in the Condominium as successors in interest to such rights, in accordance with and subject to the terms and conditions of the Declaration. 7. Edmonds Crossing Connection. Upon City's written request made no later than July 31, 2012 ("Termination Date"), unless this Easement previously has been terminated in accordance with the provisions of Section 5, subject to the terms and conditions hereof, Grantor and City, by mutual agreement, in good faith, with the advice, input, and approval of the Washington State Department of Transportation ("WSDOT"), to the extent of its jurisdictional authority, shall: (a) jointly select an undeveloped area within that portion of the Project lying north of the northerly margin of the Pine Street Right -of -Way to extend the Easement Area to the boundary of the abutting real property to the north of the Project for the Edmonds Crossing Connection, and (b) establish, by easement, covenant, dedication or other mutually acceptable method, City's right to provide for public pedestrian access via the Edmonds Crossing Connection at City's sole cost and liability, including City's right to construct or install and subsequently maintain, repair, and replace, improvements for such purposes. City shall exercise its rights with PtEd.Ftpath-VwpointPublicEasmnt.06.2007 Packet Page 196 of 217 respect to the Edmonds Crossing Connection so as to minimize disruption or damage to the Project and existing or planned improvements in connection therewith, and shall promptly restore any such damage to Developer's satisfaction, at City's expense. No improvements may be constructed as part of the Edmonds Crossing Connection that obstruct or interfere with views from condominium units or other improvements constructed or to be constructed as part of the Project. Additionally, no improvements may be constructed as part of the Edmonds Crossing multi -modal project or the Edmonds Crossing Connection unless authorized by WSDOT, to the extent such authorization is required. It shall be the City's sole responsibility to work with WSDOT as may be needed to obtain such authorization, subject to all terms and conditions hereof, but Grantor will cooperate in this effort at no cost or liability to Grantor. The City's rights under this Section 7 shall expire and be of no further force or effect unless exercised in the time and manner specified, and any and all rights or entitlements under or with respect to the Edmonds Crossing Connection shall terminate and be of no further force or effect unless City has commenced site -specific planning for the Edmonds Crossing Project on or before July 31, 2012. If the City has met the requirements of this Section for the identification and establishment of the location of the Edmonds Crossing Connection, but all necessary approvals for the construction and completion of the Edmonds Crossing Connection have not been obtained and the construction thereof not commenced on or before December 31, 2012, City's rights under this Section 7 shall terminate and be of no further force or effect, Grantor's duty to allow or provide for the Edmonds Crossing Connection shall expire, and the parties shall execute and record such documentation as may be necessary to confirm the same as a matter of public record. This Easement does not, nor shall it be interpreted to, confer third -party -beneficiary status on WSDOT or any other person or entity not a party hereto, and no such person or entity shall have any enforceable right, title or interest by virtue of or under this instrument. 8. Recordation. Upon mutual execution, Grantee shall cause this instrument to be recorded in the official Snohomish County, Washington real property records. 9. Attorneys' Fees. In the event of any default by a party hereunder, the defaulting party shall pay the non -defaulting party's costs and reasonable attorneys' fees, whether suit is instituted or not, and such costs shall include any and all court costs and filing fees, including costs on appeal from any judgment. 10. Grantor. For all purposes of this Easement, but subject to Section 6.2 above, "Grantor" shall include, but not be limited to, the Association and its members, pursuant to the Declaration, all of whom, together with Developer, are bound by all terms and conditions hereof as covenants running with the land. 11. Miscellaneous. This Easement constitutes the complete agreement between the parties with respect to the subject matter hereof, and may not be amended except in writing signed by the parties hereto with the formalities hereof. The provisions PtEd.Ftpath-VwpointPublicEasmnt.06.2007 6 Packet Page 197 of 217 of this instrument shall be interpreted and enforced in accordance with the laws and judicial decisions of the State of Washington IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. POINT EDWARDS, LLC, a Washington limited liability company By Frederick W. Grimm, Its Manager CITY OF EDMONDS, a Washington municipal corporation Gary Haakenson, Its Mayor [Acknowledgements appear on following page] PtFd.Ftpath-VwpointPublicEasmnt.06.2007 7 Packet Page 198 of 217 ACKNOWLEDGMENTS STATE OF WASHINGTON ) ss. COUNTY OF N S ) On this day appeared before me Frederick W. Grimm, the Manager of POINT EDWARDS, LLC, a Washington limited liability company, and stated that he is authorized to execute this instrument on behalf of said limited liability company for uses and purposes herein mentioned. Dated -Sy N-Q- Z,0 ,2007. r u'��ft.v _o w STATE OF WASHINGTON COUNTY OF SNOHOMISH C� J NOTARY PUBLIC in and for the State of Washington Printed Name F/ tre>4 T C�fa�)lcy Residing at (-Q rl r\_ta UO) My appointment expires 10 - 0-1-- On this day appeared before me Gary Haakenson, the Mayor of THE CITY OF EDMONDS, a Washington municipal corporation, and stated that he is authorized to execute this instrument on behalf of said municipal corporation for uses and purposes herein mentioned. Dated PtEd.Ftpath-VwpointPublicEasmnt.06.2007 2007. NOTARY PUBLIC in and for the State of Washington Printed Name Residing at My appointment expires 0 Packet Page 199 of 217 EXHIBIT "A" POINT EDWARDS PUBLIC FOOTPATH & OVERLOOK EASEMENT— ON -SITE Page t of 3 LEGAL DESCRIPTION OF PUBLIC TRAIL EASEMENT AREA; AN EASEMENT 4 FEET IN WIDTH LYING 2 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL `B" OF THE CITY OF EDMONDS LOT LINE ADJUSTMENT, AS RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200202145001, AND CORRECTION THERETO RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200204291076, RECORDS OF SNOHONIISH COUNTY, WASHINGTON; THENCE N 88051'46"W, ALONG THE SOUTH LINE OF SAID PARCEL "B", A DISTANCE OF 36.52 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE N 00054'36"E 18.80 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 12.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33059'09", AN ARC DISTANCE OF T 12 FEET; THENCE N 33004'33"W 41.72 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27.01' 11", AN ARC DISTANCE OF 9.43 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 81.38 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15015'54", AN ARC DISTANCE OF 21.68 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 42.00 FEET; THENCE ALLONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°35'58", AN ARC DISTANCE OF 19.50 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 1599.41 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00-45-14", AN ARC DISTANCE OF 21.04 FEET TO A POINT OF COMPUND CURVE TO THE LEFT, HAVING A RADIUS OF 42.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 73°06'02", AN ARC DISTANCE OF 53.59 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 156.95 FEET; THENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 38°14'35", AN ARC DISTANCE OF 104.76 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 42.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22030'05", AN ARC DISTANCE OF 16.49 FEET; THENCE N 52050'04"W 17.82 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 92.50 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14-32-2V, AN ARC DISTANCE OF 23.47 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 128.96 FEET; Packet Page 200 of 217 EXHIBIT "A" POINT EDWARDS PUBLIC FOOTPATH & OVERLOOK EASEMENT -- ON -SITE Page 2 of 3 LEGAL DESCRIPTION OF PKELIC TRAIL, EASEMENT ARXA (COND THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32"28'41", AN ARC DISTANCE OF 73.10 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 106.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°45'27", AN ARC DISTANCE OF 68,00 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 99.67 FEET, THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°55'27", AN ARC DISTANCE OF 64.23 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 189.50 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 34°03'03", AN ARC DISTANCE OF 112.62 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 106.62 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 42-20-01", AN ARC DISTANCE OF 78,78 FEET TO A POINT OF COMPOUND CURVE TO THE RIGHT, HAVING A RADIUS OF 12.00 FEET, THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33053'35", AN ARC DISTANCE OF 7.I0 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 24.17 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 94-06-33", AN ARC DISTANCE OF 39.70 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 26,57 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 69059'42", AN ARC DISTANCE OF 32.46 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 23.54 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 82-30-48", AN ARC DISTANCE OF 33.90 FEET TO A POINT OF REVERSE CURVE TO TH RIGHT, HAVING A RAIDUS OF 24.62 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 73006'40", AN ARC DISTANCE OF 31.42 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 26.01 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65°06'09", AN ARC DISTANCE OF 29.55 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 18.11 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 97°33'08", AN ARC DISTANCE OF 30.83 FEET; THENCE N 06022'49"E 23.00 FEET; THENCE N 24027'20"E 7.65 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT A"; THENCE CONTINUING AS AN EASEMENT 16.00 FEET IN WITH, LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID "POINT A"; THENCE S 65038'33"E 14.05 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE; 2 Packet Page 201 of 217 EXHIBIT "A" POINT EDWARDS PUBLIC FOOTPATH & OVERLOOK EASEMENT - ON -SITE Page 3 of 3 LEGAL DESCRIPTION OF PUBLIC TRAIL EASEMENT AREA CONTINUED ALSO, AN EASEMENT I6.00 FEET IN WIDTH, LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGWNING AT SAID "POINT A"; THENCE N 65038'33"W 2.00 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE. ALL SITUATE IN THE CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF WASFUNGTON, AND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. K:OWG120031203571TRAIL ESMT.WPS 3 Packet Page 202 of 217 Noom 1 i EXHIBIT "B" POINT EDWARDS FOOTPATH & OVERLOOK EASEMENT I N COW. LOT NW 1/4, NE 1/4 N.T.S O� r� y��1 QO �07At P HANSEN SURVEYING `GE LAND SURVEYORS & CONSULTANTS 17420 116TH AVE 3.C, RKNTON, TA 980M Q TEL' 425-235-8"0 FAX 426-236-0268 Packet Page 203 of 217 Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 95020 UTILITY ACCESS EASEMENT Assessor's Property Tax Parcel Nos.: 270326-001-026-00; 010226-061 -10 1 -00 through 010226-061-306-00; 010226-065-101-00 through 010226-065-305-00; 010226-071-101-00 through 010226-071-303-00; 010226-075- 101-00 through 010226-075-305-00; and 010226-051-101-00 through 010226-051-316-00 Parcel Legal Description: Ptn Parcel B, City of Edmonds BLA Rec. No. 200202145001 Corrected by Rec. No. 200204291076 (See Exhibit A) IN CONSIDERATION of benefits to accrue to the grantor herein, the undersigned, Point Edwards Owners Association, a Washington nonprofit corporation, its successors or assigns, hereby grants to the CITY OF EDMONDS, a Municipal Corporation ("grantee"), a permanent, non-exclusive utility access easement for the purpose of conducting periodic inspections of the existing private storm drainage and detention system, as part of the utility service facilities for the Point Edwards Condominiums, across, through, and below the following described property with the rights of access to the easement at any reasonable time for the stated purpose. The utility access easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described as follows: See attached pond access easement legal description —Exhibit A, and attached pond access easement drawing —Exhibit B The grantor, its successors or assigns, shall not construct any permanent structure over, upon, or within the permanent easement, except such improvements as may be allowed under that certain Public FootpadvViewpoint Easement and Agreement between Point Edwards, LLC and grantee dated -Z4e 2007, recorded under Snohomish County Auditor's Recording No. , and retains all rights of access upon and use of the easement area not inconsistent with grantee's use rights hereunder. Grantee City of Edmonds shall be responsible for any damage or injury to persons or property attributable to its use of the herein described easement, shall fully restore, at its cost, any such damage or injury, and shall indemnify and hold harmless grantor, it members, successors and assigns, against the same and all associated costs and expenses, including but not limited to attorney's fees and court costs. DATED THIS 2 ! Q - DAY OF LP40k:�— 2007. POINT EDWARDDS'OW'NIERS ASSOCIATION By6W✓ W , Its MOW& [Acknowledgement appears on following page 2] HAMy DocumentsTtEdwards.CityoO`!dmondsUtilityAccmEasmnt.02.2007.doc Page 1 Packet Page 204 of 217 STATE OF WASHINGTON ) ti �> ) ss COUNTY OF On this�peared before me Ea'�NlrI ,I the of POINT EDWARDS OWNERS ASSOCIATION, a Washington nonprofit corporation, dnd stated that _ is authorized to execute this instrument on behalf of said corporation for the uses and purposes herein mentioned. UNDER MY HAND AND OFFICIAi, SEAL at My Commission expires HAMy DocumentsU'tEdwards.CityofEdmondsUtilityAccessEasmnt.02.2007.doc 2007 Page 2 Packet Page 205 of 217 EXHIBIT "A" POINT EDWARDS POND ACCESS EASEMENT - ON -SITE Page l of 3 LEGAL DESCRIPTION OF POND ACCESS EASEMENT AREA,• THOSE PORTIONS OF PARCEL `B" OF THE CITY OF EDMONDS LOT LINE ADJUSTMENT RECORDED UNDER SNOHOMISH COUNTY RECORDING NO.200202145001, AND CORRECTION THERETO RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200204291076, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLOWS: AN EASEMENT 15 FEET IN WIDTH, LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "B" OF THE CITY OF EDMONDS LOT LINE ADJUSTMENT RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200202145001, AND CORRECTION THERETO RECORDED UNDER SNOHOMISH COUNTY RECORDING NO.200204291076, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE N 88-51'46"W, ALONG THE SOUTH LINE OF SAID PARCEL "B", A DISTANCE OF 31.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE N 01 °08' 14"E 23.97 FEET; THENCE N 34018'58"W 43.72 FEET; THENCE N 20000'00"W 31.83 FEET; THENCE N 09053'39"W 54.73 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 32.50 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4000P07", AN ARC DISTANCE OF 22.70 FEET; THENCE N 49054'46„W 224.73 FEET; THENCE N 52010'22"W 318.45 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 142.50 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03018'53", AN ARC DISTANCE OF 8.24 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT A"; THENCE CONTINUING ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 24025'49", AN ARC DISTANCE OF 60.76 FEET; THENCE N 79055'04"W 135.24 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A. RADIUS OF 32.50 FEET; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 78057'31", AN ARC DISTANCE OF 44.79 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 32.50 FEET; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 64047'01", AN ARC DISTANCE OF 36.75 FEET; THENCE S 85054'25"W 16.62 FEET TO A POINT ON A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 40.00 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 36°09'18"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 138'01'56", AN ARC DISTANCE OF 96.36 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44°17'14", AN ARC DISTANCE OF 30.92 FEET; _I_ Packet Page 206 of 217 Page 2 of 3 THENCE S 32024'37"W 11.65 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE; ALSO AN EASEMENT 15 FEET IN WIDTH, LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: BEGINNING AT SAID "POINT A", BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 92.00 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 75°04'47"E; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3900VI7", AN ARC DISTANCE OF 62.66 FEET; THENCE N 53056'30"W 44.49 FEET; THENCE N 62058'57"W 54.26 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35-01'28", AN ARC DISTANCE OF 42.79 FEET; THENCE N 27057'19"W 20.62 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°38'09", AN ARC DISTANCE OF 48.42 FEET; THENCE N 67035'28"W 18.56 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 56.46 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°37'51 AN ARC DISTANCE OF 13.43 FEET; THENCE N 53057'37"W 4.39 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 35.19 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°26'03", AN ARC DISTANCE OF 22.38 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°16'48", AN ARC DISTANCE OF 43.57 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 32.50 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 61 °26'00", AN ARC DISTANCE OF 34.85 FEET; THENCE S 54027'07"W 1.12 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 37°16'44", AN ARC DISTANCE OF 26.03 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 101.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°55'08", AN ARC DISTANCE OF 4393 FEET TO A POINT OF REVERSE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET; Packet Page 207 of 217 EXHIBIT "A" POINT EDWARDS POND ACCESS EASEMENT - ON -SITE Page 3 of 3 THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28-22,59", AN ARC DISTANCE OF 47.06 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 448.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°12'46", AN ARC DISTANCE OF 126.77 FEET; THENCE, ON A NON -TANGENT BEARING, S 59°44'42" W 21.78 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT B", AND THE TERMINUS OF SAID EASEMENT CENTERLINE; ALSO AN EASEMENT DESCRIBED AS FOLLOWS: COMMENCING AT SAID "POINT B"; THENCE S 30015'18"E 7.50 FEET; THENCE N 59044'42"E 10.00 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 113°45'33", AN ARC DISTANCE OF 39.71 FEET; THENCE S 06029'46"E 13.81 FEET; THENCE N 83030' 14"E 15.00 FEET; THENCE N 06029'45"W 17.14 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°43'27", AN ARC DISTANCE OF 32.37 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 440.50 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 03°46'19"W; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 107004'50", AN ARC DISTANCE OF 54.44 FEET; THENCE, ON A NON -TANGENT BEARING, S 59°44'42"W 10.50 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF WASHINGTON, AND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. K:1DWG120031203571POND ACCESS ESMT.doc -3- Packet Page 208 of 217 Packet Page 209 of 217 w v v Q rk S {�7ir[5�=x.,. .. �qr z, 71 -�fi. '6 S frci3 � 3E�il. Ll!lx Packet Page 210 of 217 : u AM-1137 Report on Development Services Actions Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: Action: 08/20/2007 Duane Bowman Development Services Tnfnrmntinn Time: Type: 10 Minutes Information Subject Title Report on staffs actions regarding the July 26, 2007 Special Meeting of the Community/Development Services Committee. Recommendation from Mayor and Staff N/A Previous Council Action On July 26, 2007, the Community Services/Development Services Committee held a special meeting to take comments concerning building permit application time lines and any other topics pertinent to the Committee's area of responsibility. Narrative 5. The Development Services Department management staff is reviewing the minutes from the July 26, 2007 CS/DS committee meeting and will be reporting back to the CS/DS Committee on September 11, 2007. The vast majority of the issues raised at the July 26, 2007 meeting are administrative and not legislative issues. One key area of concern raised was timeliness of permit reviews. As the City Council is aware, the Development Services Department has lost a number of positions within the department due to retirement or higher paying jobs elsewhere. The result has been increased permit review time lines. On August 15, 2007, the department tried an experiment to see if we could put a dent in our overdue permit backlog. We essentially closed the permit counter and phones to our plan reviewers and did not do engineering inspections. We did continue to do building inspections and completed an already scheduled pre -application conference. We ran a report to determine the number of overdue reviews on Tuesday afternoon and then another report on Thursday morning to see how productive we were. The results of the experiment were very positive. There were a total of 79 overdue reviews before the closure. After the closure, 43 overdue reviews remained, a 54% reduction. We intend to repeat the closure on August 22, 2007 to finish off the backlog and spend time on non -overdue permit reviews. Packet Page 211 of 217 Fiscal Impact Attachments Link: Exhibit 1 - 72607 CSDS minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 08/17/2007 08:38 AM APRV 2 Mayor Gary Haakenson 08/17/2007 08:40 AM APRV 3 Final Approval Linda Hynd 08/17/2007 08:54 AM APRV Form Started By: Duane Started On: 08/16/2007 09:32 Bowman AM Final Approval Date: 08/17/2007 Packet Page 212 of 217 Community Services/Development Services Committee Meeting Special Meetin_g July 26, 2007 Elected Officials Present: Members of the Public Present: Mauri Moore, Council member Tony Shapiro Richard Marin, Committee Chair Steve Waite Peggy Pritchard Olson, Council President* Eric Theusen ("Arrived at 8:40 p.m.) Rick Cuevas Staff Present: Bea O'Rourke Dan Clements, Administrative Services Director Rob Michel Sandy Chase, City Clerk Scott Schlumberger John Bissell 1. Public comment related to legislative issues concerning building permit application timelines and any other topics pertinent to the Committee's area of responsibility. Committee Chair Marin convened the meeting at 7:00 p.m. He stated that he was particularly interested in looking for areas of concern that the City Council can address legislatively. He commented that the Committee is here to listen to everything; everyone will have a chance to talk, and there is no particular order. Councilmember Moore explained she requested this hearing because since being elected she has heard stories from home owners, small and big business owners, about the problems, delays and the good things that were going on related to the Development Services Department. It is the most talked about department because there is so much at stake in the permitting process. Ms. Moore wanted the chance for at least one other Councilmember to gather facts along with her so that issues could be put on the table to see if there is anything the Council can do to help the process along. The citizens present raised the following issues: • Working relationship has eroded to point of no confidence; lack of trust. • Lack of properly managed staff; staff not given a chance to grow. • Hesitancy in dealing with this department in a forthright manner because of fear of retribution. • Undue harassment of legitimate businesses (tenants) in a fashion that seems unreasonable. Difficulties experienced by tenants trying to locate in Edmonds. • The staff on the second floor are operating in a vacuum and do not understand the cost/value involved in delaying a project to the applicant. • "Subject to Field Inspection Permit" needed for projects that are simple (over the counter permit). This concept is absent in the department. Packet Page 213 of 217 CS/DS Committee Minutes July 26, 2007 Page 2 • Concept of "equity" is used in the department for all permits, taking applications in fair order. However, some permits require lengthy review, some less. If it is going to take a long period of time, people will do work without permits and then there are life safety issues. • Turnover of staff; no institutional memory. This leads to consistency problems. • Policy and procedure manuals in writing are needed. • Check lists needed. • If applicant does not like Planner's interpretation of the Code, the applicant must appeal the matter to the Hearing Examiner, and pay money to find out the interpretation was wrong. • Suggest use of technology to help filter the process to avoid inconsistencies, to make it more predictable for the builders and the city. • Review periods need to be shorter. • Training issue — understanding case law. Read the material in the Code; do not expound on it; if vague or ambiguous, it goes in favor of the applicant unless there is a written policy. • Time, consistency, relevance and transparency are the key issues. Applicant needs to understand what the department is looking for. Cited examples of drawings being delayed time after time for reasons that are not relevant. • Architectural Design Board (ADB) is loaded with so much malarkey that does not pertain to the objective of the ADB (example, preliminary drainage report needs to be submitted for ADB review). • Concern with the minutia that staff provides the ADB that the ADB does not want to get bogged down with. • We have asked for two reviews. It all comes down to time. • There is a good opportunity with the new planners for training regarding customer attitude, being consistent. • All present stated they have never had just two reviews. It has become extremely complicated. • The three divisions in the department do not communicate with each other. • Minutia required by Edmonds to be included on drawings, not required by other cities. • Requested to review check lists, but was denied (claiming it was project work product). • The pre -application process is appreciated for its thoroughness. • Planning and Engineering Bulletins are at best shorthand; with submittal, everything on the bulletin is covered; should not have to wait 28 days for a completeness letter. • Suggested there be a city attorney accessible at the counter; less expensive than contract law firm. • Suggested certain planners work on smaller permits, and then more experienced planners work on the bigger permits. • Concern with the hours the department is open (opens at 9 a.m., closes from 12 to 1 p.m.; closes at 4 p.m., permits cannot be submitted after 3:30 p.m.). It is unusual that a city would restrict contact. Has there been an increase in productivity by the staff not dealing with citizens during these periods? No other city shuts down like this. • The public cannot use the restroom on the second floor of city hall. Why? • Applying for a business license as a tenant ended up being drawn into a mire of issues with the department. • What kind of welcome do we have for businesses coming to our city? Economic development element. • Offer to assist with the Code rewrite that is currently taking place; there are a lot of talented people in the community who could assist. Let's work together. • Question about how Building permit fees are used? Are the fees balanced fairly? Interested in obtaining enough funds into the department if it is needed to help solve problems with delays in approval of permits. Packet Page 214 of 217 CS/DS Committee Minutes July 26, 2007 Page 3 • The difficulty in finding employees was noted; however, the department needs to be dynamic and run like a business. • Employees are in need of training in dealing with customers; employees are told to walk away from an irate customer; they have missed an opportunity to win someone over. • Some of the reasons for the attrition that is occurring with staff has to do with work conditions. • "Common sense" is not used; training needed. Councilmembers Moore and Marin summarized the following issues as follow-up: • Look at the employee training policy. • Citizen committee to be formed to help rewrite the Code (Chapters 18 and 20). • Check lists — where is it? Can it be put on line? • Explore a policy about how many reviews an application goes through before a meeting is held. • Policy and Procedure Manual. • Concept of "Subject to Field Inspection." • Check list as part of Policy Manual. • Permit Coordinator and Planner on duty with check list for a 10 to 15 minute review. • Solicit input from this group. • Review Renton and Tacoma Mission Statements. The meeting adjourned at 8:57 p.m. Packet Page 215 of 217 AM-1128 Report on City Council Committee Meetings Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: Action: 08/20/2007 Sandy Chase City Clerk's Office Time: 15 Minutes Type: Information Information Subject Title Report on City Council Committee Meetings. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Attached is a copy of the August 14, 2007 Finance Committee Meeting Minutes. Link: Finance Committee Minutes Fiscal Impact A ttarhmante Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 08/15/2007 10:26 AM APRV 2 Mayor Gary Haakenson 08/15/2007 02:20 PM APRV 3 Final Approval Linda Hynd 08/16/2007 09:02 AM APRV Form Started By: Sandy Started On: 08/13/2007 09:00 Chase AM Final Approval Date: 08/16/2007 7. Packet Page 216 of 217 FINANCE COMMITTEE MEETING MINUTES August 14, 2007 6:00 PM Present: Councilmember Ron Wambolt Councilmember Dave Orvis Staff: Mayor Haakenson Dan Clements Debra Sharp Kathleen Junglov Public: Roger Hertrich Committee Chair Orvis called the meeting to order at 6:05 PM. Item A: Second Quarter Budget Report Kathleen Junglov provided an overview of the Second Quarter Budget Report (which included some information through July). Additional information was provided on REET receipts through August. For information only, no further action required. Item B: Second Quarter Budget Amendment Debra Sharp reviewed the second quarter budget amendment. Briefly, the amendment included thirteen items, seven of which had previously been before council. This item was forwarded to full Council as a consent item. Item C: Constitutionally Protected Events Ordinance Dan Clements briefed the committee on the history and purpose of the ordinance. This item was forwarded to full Council as a consent item. Adjournment The meeting was adjourned at 6:15 PM. LAPRODUCTIONDB\CCOUNCIU0032 1128 8-14-2007 FIN. MINUTES.DOC Packet Page 217 of 217