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2008.07.29 CC Agenda Packet              AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds ______________________________________________________________ July 29, 2008 7:00 p.m.   Call to Order and Flag Salute 1. Approval of Agenda   2. Approval of Consent Agenda Items   A. Roll Call   B. AM-1690 Approval of City Council Meeting Minutes of July 22, 2008.   C. AM-1692 Approval of claim checks #105682 through #105842 for July 24, 2008 in the amount of $1,031,103.25.   D. AM-1686 Acknowledge receipt of Claim for Damages from William David Barnum & Cheryl Barnum (amount undetermined).   E. AM-1689 Approval of 2008 Taxicab Operator's License for Yellow Cab of Washington.   F. AM-1688 Authorization for Mayor to sign Supplemental Agreement No. 4 with CH2M Hill for Olympic View Drive Water Main and Sewer Laterals project.   G. AM-1693 Ordinance amending the provisions of Section 2 of Ordinance No. 3691 in order to insert a hearing date.   3. (10 Minutes)Swearing-in Ceremony for Corporal Damian Smith.   4. AM-1687 (10 Minutes) Second Reading: An ordinance of the City of Edmonds, Washington granting a nonexclusive franchise to Verizon Northwest, Inc. to construct, maintain, operate and repair a cable system to provide cable services in, across, over, along, under, upon, through and below the public rights-of-way of the City of Edmonds; providing for severability and establishing an effective date.   5. AM-1677 (60 Minutes) Closed Record Review: Appeal of the Hearing Examiner decision to deny the request by Steve Smith Development LLC, represented by Jean Morgan of Morgan Design Group, to subdivide Arbor Court, a 1.27 acre parcel developed with 35 townhomes, into 35 fee-simple townhouse parcels. The site is zoned Multiple Family Residential (RM-1.5) and is located at 23800 – 23824 Edmonds Way. (File Nos. P-08-16 and APL-08-4)   6. AM-1691 Public Hearing on the recommendation by the Planning Board to deny a proposal to Packet Page 1 of 426 6. AM-1691 (30 Minutes) Public Hearing on the recommendation by the Planning Board to deny a proposal to amend the Comprehensive Plan from “Downtown Mixed Commercial” to either (1) “Downtown Residential Office” or (2) “Multi Family – High Density” at 110 Sunset Ave. N. (File No. AMD-07-16)   7.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   8. (5 Minutes)Mayor's Comments   9. (15 Minutes)Council Comments   Adjourn   Packet Page 2 of 426 AM-1690 2.B. Approval of 07-22-08 City Council Meeting Minutes Edmonds City Council Meeting Date:07/29/2008 Submitted By:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Approval of City Council Meeting Minutes of July 22, 2008. 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. Fiscal Impact Attachments Link: 07-22-08 Draft City Council Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 10:10 AM APRV 2 Mayor Gary Haakenson 07/24/2008 11:16 AM APRV 3 Final Approval Sandy Chase 07/24/2008 01:30 PM APRV Form Started By: Sandy Chase  Started On: 07/24/2008 10:06 AM Final Approval Date: 07/24/2008 Packet Page 3 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES July 22, 2008 The Edmonds City Council meeting was called to order at 7:01 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 Michael Plunkett, Council President Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember D. J. Wilson, Councilmember Deanna Dawson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember STAFF PRESENT Gerry Gannon, Assistant Police Chief Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Brian McIntosh, Parks & Recreation Director Noel Miller, Public Works Director Gina Coccia, Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Mayor Haakenson relayed Council’s request to add “Reconsideration of the Public Hearing on the Liquor Control Board License application for Province, Inc., DBA Five Spice Bistro” to the agenda. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO APPROVE 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 15, 2008. C. APPROVAL OF CLAIM CHECKS #105599 THROUGH #105681 FOR JULY 17, 2008 IN THE AMOUNT OF $155,046.93. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #46835 THROUGH #46955 FOR THE PERIOD OF JULY 1, 2008 THROUGH JULY 15, 2008 IN THE AMOUNT OF $858,652.39. D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM HAINES POINT HOMEOWNERS' ASSOCIATION (AMOUNT UNDETERMINED), AND WILLIAM STANTON ($1,776.36). E. PROCLAMATION IN HONOR OF THE 100TH ANNIVERSARY OF EDMONDS MASONIC LODGE NO. 165. F. REPORT ON BIDS OPENED JULY 8, 2008 FOR THE OLD WOODWAY ELEMENTARY SCHOOL PARK AND REGIONAL INFILTRATION SYSTEM AND AWARD OF CONTRACT TO PREMIUM CONSTRUCTION GROUP, INC. Packet Page 4 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 2 G. ORDINANCE NO. 3690 – AMENDING THE OFFICIAL STREET MAP AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO MAKE CHANGES (REDUCE CERTAIN PLANNED LINE RIGHT OF WAY ON 203RD STREET SW FROM THIRTY TO FIFTEEN FEET IN WIDTH. 3. PUBLIC SERVICE ANNOUNCEMENTS Bob Rinehart, Greater Edmonds Chamber of Commerce Board Member, provided the Council an update on the Chamber’s web-based “Everything Edmonds” campaign that encourages Edmonds residents to patronize businesses in Edmonds. Their objective was to promote local businesses, boost sales tax revenues, provide a hedge against declining sources of revenue and reduce the need to increase taxes. Their premise regarding the value of patronizing local business was reinforced by a reputable study that illustrated for every $100 an individual spent at a local business, $68 was recycled within the community, compared to $43 for big box businesses. Further, local business owners are active in the community as evidenced by local businesses’ involvement in Halloween and sponsoring the 4th of July and other events. He advised the EverythingEdmonds.com website was fully sponsored and maintained by the Chamber and included information regarding every licensed business located in Edmonds. Jan Vance, Executive Director, Greater Edmonds Chamber of Commerce, displayed the EverythingEdmonds.com website, that contains Find a Business, Calendar/Events, Edmonds Links and Featured Businesses. She displayed several photographs contained on the website and sayings that encouraged residents to shop locally. Fred Bell, South Snohomish County Historical Society, read a letter in response to the questions Council President Plunkett presented via email to the Historical Society: 1) Would the Historical Society be willing to put their proposal in writing? Yes, however, it would have saved time if they had known of this requirement two months ago. 2) Will the Historical Society pay for a temporary move? No, the Society will not invest in a temporary project. 3) Will the Society pay for a permanent move? Yes. Would the Historical Society pay for the maintenance? Yes. Will the Historical Society bond for maintenance? Had the Historical Society known of this requirement two months ago, they would have researched the request and obtain the bond if deemed necessary. The owners of the Bettinger/Kretzler house have offered the historic residence to the City, the Historical Society or a private party as a goodwill gesture to the community. The City turned down the offer due to the cost of moving and maintaining the house; however, the Historical Society recognized the historical significance and, believing it was in the best interest of the community to save it, accepted the challenge to find a new location within the bowl. The initial deadline of July 1, 2008 for the Historical Society to provide the property owners a solution was extended to August 1, 2008; however, having explored all options and after lengthy discussion, the Historical Society has reluctantly decided they cannot accept the responsibility of relocating the house within the prescribed time limit and relinquishes its interest in the house back to the owners. 4. PUBLIC HEARING AND FIRST READING: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON GRANTING A NONEXCLUSIVE FRANCHISE TO VERIZON NORTHWEST, INC. TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CABLE SYSTEM TO PROVIDE CABLE SERVICES IN, ACROSS, OVER, ALONG, UNDER, UPON, THROUGH AND BELOW THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF EDMONDS; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE Community Services/Economic Development Director Stephen Clifton advised the Council was provided with copies of minor amendments to the agreement that was contained in the packet. He explained Verizon was currently in the process of upgrading its existing Telecommunications Facilities in the City by installing a state- of-the-art Fiber to the Premise Telecommunications Network (FTTP). In addition to providing residents with Packet Page 5 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 3 voice and high-speed data services, Verizon Northwest Inc. seeks to provide cable television service, utilizing the FTTP Network, to City residents, businesses and institutions in competition with the existing cable television operator serving the City. In order to do so, Verizon and the City must first execute a cable franchise agreement. As such, Verizon has requested a franchise from the City to operate and provide cable television service within the City’s incorporated areas. Included in the Council packet is a staff report, ordinance granting a nonexclusive Franchise to Verizon and a Cable Franchise Agreement between the City and Verizon Northwest Inc. The staff report contains a summary describing why Verizon needs a franchise agreement to operate a cable television system within the city, requirements for granting franchise agreements under United States Code Title 47 and other applicable provisions of the law including Edmonds City Code 4.68. The report also highlights significant terms of the franchise agreement. With regard to the negotiation process, Mr. Clifton explained because Verizon planned to provide cable television service throughout southwest Snohomish County, earlier this year City Attorney Scott Snyder and he recommended the City work with other jurisdictions and collectively negotiate a franchise agreement with Verizon to ensure the public receives maximum rights and benefits from their respective franchise agreements. As authorized by the City Council in February 2008, Mr. Snyder and Elana Zana, Ogden Murphy Wallace and he negotiated an Interlocal Agreement with Snohomish County and nine other cities (North Puget Sound Consortium). On March 25, 2008 the City Council authorized Mayor Haakenson to sign an Interlocal Agreement with the consortium members. The City Council also authorized executing a consultant agreement with River Oaks Communication Corporation to help the consortium and the City negotiate a franchise agreement. The consortium and River Oaks have since negotiated on behalf of all consortium members in an effort to create a template that could be used by each as a base document subject to refinement and further negotiation between Verizon and each entity. He noted consulting on cable telecommunication matters was a core function of River Oaks and they had provided consulting services on cable television and other telecommunication matters in 25 states in addition to providing consulting services that involve a variety of cable television, Wi-Fi and other telecommunication projects. They have also worked successfully with over 30 communities in the Seattle-Tacoma area and worked on franchise agreements with Everett, Kirkland, Marysville, Mukilteo and Snohomish with Comcast and its predecessor. Bob Duchen, Vice-President, River Oaks, explained they were part of the negotiating team to develop a franchise template to serve as a model for the nine cities and Snohomish County. The goal was to develop a franchise that was competitively neutral, mindful of the current Comcast agreement and ensure there was competitive neutrality between the documents. The Verizon agreement differed from the Comcast agreement because Verizon was a common carrier with a telecommunications network that wants to be in the cable business; Comcast is a cable company that is now in the telephone business. He pointed out similarities between the Verizon and Comcast agreements, both are 15 year franchises, and both contain customer service standards and insurance provisions. He summarized the franchise agreement with Verizon achieved competitive neutrality between the companies and the agreement had been intensely negotiated with Verizon and represented an agreement in the best interest of the residents of Edmonds. He noted they worked closely with Ogden Murphy Wallace in crafting the agreement and expressed his appreciation for their assistance. Councilmember Orvis asked if the two networks would carry similar channels and would both broadcast Council meetings. Denise Reddy, Franchise Manager, Verizon, advised they had committed in their agreement to provide both the current government access channel, the Edmonds Community College channel and in addition reserved two channels for future educational/government purposes. Councilmember Wilson commented in Pierce County the communities worked together to form a multi- jurisdictional cable clearing house for production and in the past other cable franchise agreements in Snohomish County have included some level of financing to the community college for educational programs. He asked if a specific amount toward educational purposes or formation of a multi-jurisdictional production facility was considered in this agreement. Mr. Duchen answered the document contains a provision that allows the City to Packet Page 6 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 4 collect $0.35 per subscriber per month for educational and governmental (EG) purposes which can be increased to $1.00 per month. There is also a provision in the document for a $10,000 EG grant. Mr. Snyder explained in addition to the consortium, Elana Zana and he had been negotiating on behalf of Edmonds, Woodway, Woodinville and Mukilteo and as part of that negotiation had “set the table” for facilities at Edmonds Community College. He noted the previous term PEG (Public Education and Governmental) was shortened to Educational and Government programming with the belief that there are many avenues for individuals to get their message out via the Internet without raising first amendment and cost issues. Mr. Clifton advised Edmonds Community College was working with southwest Snohomish County cities to structure the type of entity in Pierce County whereby a facility, possibly located at Edmonds Community College, could produce programming for cities. The cities have been meeting with Edmonds Community College on a potential structure and equipment. He noted if a facility were co-developed at Edmonds Community College, students would have the ability as part of a communications program to hone their skills while producing programming. Councilmember Wilson asked if the $10,000 EG grant was one-time funding. Mr. Clifton advised it was. Councilmember Wilson noted the $0.35-$1.00 per month was through the 15 year term of the agreement. Mr. Snyder explained FCC regulation provides that a franchisee who makes a grant was entitled to pass that cost on to the consumer. In effect, the $0.35-$1.00 per subscriber fee was a “backdoor tax.” The Comcast agreement provided for upfront grants but no monthly charge. Negotiations with Comcast would begin this year and it was anticipated an agreement would be in place within three years when the Comcast agreement expires. At that time the focus would shift from upfront grants to continuing funding mechanisms. The franchise agreement between the City and Verizon authorizes fees of up to $1.00 with an initial level of $0.35. The Council has the ability to raise the fee over the course of the agreement as deemed appropriate as long as it was applied uniformly to both franchisees. Councilmember Wambolt referred to the list of major provisions in the staff report, specifically that Verizon must offer cable television service to a significant number of subscribers within 12 months of the service date and asked how a significant number was defined. Mr. Clifton relayed according to Verizon significant was described as just over 50% of residents. Councilmember Wambolt referred to the provision that Verizon would pay the City a franchise fee in the amount of 5% of its annual gross revenues derived from operation of the cable system and asked how much this would be. Mr. Duchen advised it would depend on the number of subscribers; Verizon was typically successful in obtaining approximately 20%. Mr. Snyder noted 5% was the maximum permitted by law. He noted because a Verizon customer would be a former Comcast customer, it was not anticipated there would be any impact on City revenues. Councilmember Wambolt asked whether Verizon expected new customers. Mr. Clifton clarified there was not expected to be a net impact to the City budget because it was unlikely a customer would subscribe to both Comcast and Verizon; the current 5% franchise fee collected from Comcast would be offset by the franchise fee collected by Verizon. Ms. Reddy noted there may be some opportunity to acquire additional customers who currently subscribe to satellite service; satellite customers do not pay a franchise fee to the City. There was also an opportunity to generate franchise fees as consumers decide to enhance their service offerings. Mr. Snyder recognized another valuable member of the negotiation team, Peter Camp, Snohomish County Executive’s office, whose time and energy resulted in a much better deal for all participants than could have been realized on their own. He pointed out the security and liquidated damage provisions in the Verizon franchise agreement, noting the Comcast agreement was taken over from Chambers Cable. When Chambers came into the community, they were a first time cable network that did not have the track record of Verizon or Comcast. Therefore many of the franchise agreements for start-up cable companies have very extensive security provisions. Verizon, as a Title 2 telephone provider, has their plant and fiber optics already in the City’s right- of-way. The City has the ability under its police power to impose separate security requirements. Unlike overhead cable, if for some reason Verizon failed, the City would like to have the fiber optic cable. He Packet Page 7 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 5 concluded although the security and liquidated damage provisions were less than in the Comcast agreement, they were appropriate in light of the economics and the financial stability of Verizon. Mr. Clifton expressed his thanks to Elana Zana, Ogden Murphy Wallace, for her assistance with negotiating the franchise agreement. He noted not only did she provide an overall structure to the negotiating team, she excelled in keeping key members focused and also maintained consistent follow-through, ensuring all consortium members were kept informed in a timely manner. He also recognized Denise Reddy, Verizon, and Emma Zavala-Suarez, Stoel Rives, who assisted Verizon with negotiations. Mayor Haakenson opened the public participation portion of the public hearing. Roger Hertrich, Edmonds, welcomed competition between Verizon and Comcast. He expressed concern with the potential danger to public safety due to the amount of equipment mounted on poles throughout the City and asked who was responsible for the condition and replacement of the poles. He suggested requiring an inventory of the poles’ condition and certification that they could accept the additional load. Hearing no further public comment, Mayor Haakenson closed the public hearing. Councilmember Bernheim asked whether the agreement governed or established standards for stringing wires. Mr. Snyder answered that was closely regulated by the State Electric code and State statute as well as the Snohomish County PUD who owned the poles. He noted in reviewing the Snohomish County PUD’s pole attachment agreement for Edmonds’ own fiber, there were strict standards regarding separation, weight, height, etc. He was satisfied that issue was adequately addressed. Councilmember Bernheim commented he had noticed many unattractive wires on poles, often with 50-100 extra feet of wire. Mr. Duchen answered this agreement did not regulate that; because Verizon’s network was a FTTP network, they could not use the cable franchise agreement as a means of regulating what was done in the right- of-way including equipment on poles. Mr. Snyder advised the agreement preserved the City’s police power and to the extent the City had the ability to regulate that issue, it could. He advised in neighborhoods where utilities were underground, Verizon’s facilities would be underground; in neighborhoods where it was on poles, the equipment would remain on poles. Councilmember Bernheim asked if there was any regulation of “careless looking wiring.” Mayor Haakenson advised the loops that have been brought to his attention were extra wires that Verizon had not yet strung. Mr. Snyder noted if there were concerns about a specific location that information could be passed on to the State Electrical Inspector. Mayor Haakenson noted early on Verizon was linking wires with large junction boxes between poles that were very unsightly and blocked views. After contacting the local representative, Verizon was more careful about where they located the junction boxes. He concluded Verizon had been very responsive. Mayor Haakenson advised as the ordinance adopting the franchise agreement required a first and second reading, it would be returned to the Council next week for final authorization. 5. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO DENY THE REQUEST BY JAMES UNDERHILL TO AMEND THE COMPREHENSIVE PLAN DESIGNATION FOR PROPERTIES ALONG A PORTION OF 215TH STREET SW AND EAST OF 76TH AVENUE WEST FROM “MIXED USE COMMERCIAL” TO “SINGLE FAMILY URBAN 1” (FILE AMD-2007-14). Planner Gina Coccia reviewed the Comprehensive Plan amendment process, explaining James Underhill filed an application to change the Comprehensive Plan designation for properties along 215th Street SW near Stevens Hospital. The Planning Board held a public hearing on June 11th and considered the staff report, public testimony and testimony from the applicant. Based on their findings, the Planning Board made a recommendation to the City Council to deny the proposed plan amendment. She displayed the existing Packet Page 8 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 6 Comprehensive Plan map, identifying the subject properties, designated Mixed Use Commercial and located within the Medical/Highway 99 Activity Center. She identified the existing zoning as Multiple Residential (RM-2.4). She also identified two other areas of Single Family Urban 1 designation in the surrounding area. Ms. Coccia provided a brief history, explaining there were 19 parcels in the applicant’s proposal; 2 parcels along 76th Avenue West have requested to be removed from the applicant’s proposal. The area was developed with houses in the late 1950s and early 1960s and annexed into Edmonds in 1959. The area has been zoned and designated for multiple residential use since at least 1963. Single family homes are a permitted primary use in the existing RM-2.4 zone. Ms. Coccia reviewed the Planning Board’s findings: 1. Is the proposed amendment consistent with the Comprehensive Plan and in the public interest? - The proposal is inconsistent with the Comprehensive Plan and inconsistent with the goals and objectives of the Medical/Highway 99 Activity Center. - The application would not be in the best interest of the public. - The current Comprehensive Plan designation and zoning have been in place since the early 1960s. - The single-family residential nature of the neighborhood along 215th Street SW has remained intact and has not changed for a long time. 2. Is the proposed amendment detrimental to the public interest, health, safety or welfare of the city? - The proposed amendment is counter to the intent of the Comprehensive Plan and not in the best interest of the public. - Staff feels that the proposal does not appear to have a logical boundary. 3. Does the proposed amendment maintain the appropriate balance of land uses within the city? - The balance of land uses would likely not be impacted either way. - The intent of the Comprehensive Plan is clear that the area should be mixed use. - The proposed amendment, if approved, would change the land use designation that has been in place since at least 1963, which calls for more intense development. - The applicant’s argument that the neighborhood is close to shopping, medical, educational opportunities and public transit is good, but these amenities really support a more intense use of the properties. 4. Is the subject parcel physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints? - The applicant did not make an adequate case that the subject parcel would be physically suitable for the requested land use designation. - The site is relatively flat and does not appear to be physically impacted by critical areas. However, there is a fundamental difference between this single-family residential area that is completely surrounded by more intense uses than the other single-family residential areas that are located around the periphery of the Medical/Highway 99 Activity Center. These other neighborhoods extend out from the activity center and into surrounding residential zones. Ms. Coccia explained the existing residential homes may remain, but changing the Comprehensive Plan and later the zoning to limit future uses to single-family residential would not be appropriate. It would result in an island surrounded by other more intensive uses. The activity center is an economic driver for future development, which means more intensive uses would occur in the area in the long term. The fact that the two western-most properties have asked to be removed from the applicant’s proposal suggests a problem – it could be expected to result in a loss of future economic value and tax revenue because the future of the neighborhood would no longer have the potential for a variety of more intense uses. If the two western properties were removed from the proposal, it would also further exacerbate the island effect that approval of the proposed amendment would have on the vicinity. Packet Page 9 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 7 Applicant Jim Underhill, Edmonds, explained their neighborhood consisted of 19 houses, 50 residents, and 18 of the 19 houses are owner-occupied. It is a place that has experienced the benefit of private funds to upgrade homes, provides affordable housing to the City and is a place that has matured and diversified. The neighborhood is also an historic community. In order to protect the neighborhood, 17 of the 19 homeowners agreed to apply, 10 paid an equal share of the $2600 fee. He acknowledged the request had not been without opposition or debate. Mr. Underhill questioned which vision for their neighborhood would be adopted - the City’s vision which would eliminate residential houses and opening properties to offices, apartments and other commercial uses or the vision of the present owners who desire to retain the character and use of the neighborhood and realize the protection of the Single Family Urban 1 designation and thus continue to provide the City with quality affordable housing and the many benefits that offers. The City’s intension for the neighborhood was made clear in discussions by the Hwy. 99 Task Force, their neighborhood had no future as a residential area. He reported on his contact with the Edmonds School District and Stevens Hospital as their neighborhood was included as a residential street in their master plans; both indicated they would not object to the proposed amendment. The City’s Technical Committee also did not object to the amendment as they provided no comment. He noted several Planning Board Members favored their request as did many of the people in attendance at the meeting. The Comprehensive Plan also supports their request in nine specific places and he was incredulous that the City’s Planning Division felt it necessary to undo an established neighborhood that contained quality and affordable houses to develop a new neighborhood that included affordable, quality housing. He noted the City could not afford to build affordable homes such as existed in this neighborhood. Mr. Underhill referred to the Planning Board minutes, specifically the comments by Board Member Jim Young regarding the need to protect this type of neighborhood. He noted the faults in the City’s analysis were not challenged by the Planning Board and recalled several members of the Planning Board who spoke against the amendment asked whether bulldozers were in front of their houses, commenting unless bulldozers were ready to tear down the houses, there was no issue. He referred to the City’s plans for intense development in their neighborhood, and plans for BR/BR2 (Business Residential) that was intended for communities surrounding 76th and 212th that would allow three stories of mixed use to more intensely develop the immediate neighborhood, a zone the Planning Board denied in the past. Their neighborhood had never been an impediment to the economic development of Hwy. 99, and staff provided no statistics or analysis to support that claim. With regard to the parties who asked to be removed from the request, the owner on the south side was an absentee landlord and did not share the neighborhood’s vision. The Martinez assert that harm would occur if the amendment were allowed to move forward, but provided no description regarding the degree or type of harm that would occur. With regard to staff’s comment that this neighborhood is different, he agreed they were different and took pride in that. They are a vibrant, thriving neighborhood. With regard to the City’s finding that their request failed all four criteria; in the neighborhood’s view, they passed all four. There are nine sections in the Comprehensive Plan that support single family residential homes. The residents of this neighborhood are committed local consumers and are what is needed in the community, part of the blend from apartments to condominiums to single family residence, not an isolated group but part of the whole. He requested the Council approve the Comprehensive Plan map amendment to Single Family Urban 1. Mayor Haakenson opened the public participation portion of the public hearing. He advised the Council received two emails and a letter, from Susana Martinez who requested denial of the request and from Doug and Cathy Stewart who asked that the request be upheld. Packet Page 10 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 8 Norman Knaack, Edmonds, a 30-year resident of 215th Street concurred with Mr. Underhill’s statement. He noted it had always been a single family neighborhood and requested the Council’s assistance in keeping it a single family neighborhood. Mark Schrock, Edmonds, a 14 year resident of 215th Street, advised on October 10, 2008, the neighborhood would celebrate the 50th anniversary of Joseph and Lola Luschen’s dream for a tract free from the threat of moving or being crowded out. He recommended the covenants they filed with Snohomish County and by which the neighborhood has abided by for 50 years not be tossed aside. He concurred with Mr. Underhill’s comments. Vicki Thompson, Edmonds, a 31-year resident of 215th Street, commented there used to be more air and less noise. As development has occurred around them including apartments, condominiums, a larger hospital, their single family neighborhood was what was left of mixed use. She asked the Council to help them retain what was left of their neighborhood. Roger Hertrich, Edmonds, expressed his support for Mr. Underhill’s comments, recalling Mr. Underhill had spoken out a number of times over the years regarding protection of his neighborhood. Mr. Hertrich suggested the Planning Board identify this as a special district due to its historic value. He urged the Council to see the neighborhood’s point of view and the importance of retaining a sense of history throughout the City. He agreed this was a fragile area, surrounded by increasing commercial development and high density residential. Hearing no further public comment, Mayor Haakenson closed the public hearing. He advised the Council also received emails/letters from Barry Stewart, Linda Van Nest, and Helen Maeda in favor of Mr. Underhill’s proposal and a letter from Alden & Joanna Peppel who were opposed. Councilmember Orvis inquired about the covenants referred to by Mr. Schrock. Ms. Coccia advised the covenants were contained in the packet on page 81 and the City Attorney’s response regarding the covenants was contained in his memorandum (Exhibit 4). Councilmember Wilson commented it was his understanding that the covenants did not affect the City’s ability to zone the property but the covenants would require the neighborhood remain single family in perpetuity or until the covenants were removed. City Attorney Scott Snyder responded covenants were for individuals to support via courts; the City did not recognize covenants and they had no legal bearing on the Council’s decision. Councilmember Wilson concluded from Mr. Snyder’s comments that covenants were only as good as an owner was willing to enforce them. Mr. Snyder agreed, noting that was a completely separate process. Councilmember Wilson asked if anyone could enforce a covenant. Mr. Snyder answered only another property owner within the subdivision. Councilmember Wilson assumed all the homeowners in this subdivision had the right to enforce the covenants upon other property owners. Mr. Snyder agreed. Ms. Coccia referred to Item 16 on page 83 of the packet, which states the covenants would expire in 1983 unless readopted and there was no evidence that they had been readopted. Councilmember Wilson commented the covenant issue was moot because they had expired. Mr. Snyder reiterated the covenants were irrelevant to the Council’s decision. Councilmember Orvis commented the City was under no obligation to enforce covenants. Mr. Snyder agreed. Councilmember Bernheim asked whether this was a down zone. Development Services Director Duane Bowman explained this was a Comprehensive Plan amendment that would change the land use designation to Single Family Urban 1 which would potentially lead to a rezone/down zone of the property to single family from multi family. He noted the Comprehensive Plan must match the zoning; this was the first step whereby the property could ultimately be rezoned to single family. Councilmember Bernheim asked whether there had ever been a similar request made or granted in the past 20 years. Mr. Bowman could not recall such a request but would need to research the records. Packet Page 11 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 9 Councilmember Wambolt pointed out nothing would happen in this neighborhood under the current zoning to make it multi family unless the current owners sold or redeveloped their property. Mr. Bowman agreed, noting single family use was allowed in the multi family zone. Councilmember Wambolt commented he had never seen a municipality enforce any covenants; that was the responsibility of the Homeowners Association. Mr. Bowman agreed it was the responsibility of the Homeowners Association or other party to the covenants. Councilmember Wilson referred to the finding that there was not a logical boundary for the area. Ms. Coccia relayed staff’s finding that there was not an appropriate or logical boundary because it was not near any other Single Family Urban 1 property. Councilmember Wilson noted the criteria stated it would not be detrimental to the public interest, health, safety or welfare of the City and asked how the proposed boundary would be detrimental. Mr. Bowman referred to the existing Comprehensive Plan map, pointing out the single family area on the periphery, noting this area was not on the periphery and would create an island of single family in the center of the Hwy. 99/Medical area. Because multi family development, Edmonds-Woodway High School and Stevens Medical Center surround the neighborhood, the proposed amendment did not support the land use plan of mixed use high density for the area and the current designation was consistent with the plan for the area. Ms. Coccia referred to pages 43 of the packet, a map from 1963 where the City acknowledged there were single family dwelling units on that street and the land use plan at that time designated and zoned the area multi family. Councilmember Wilson reiterated the current zoning allowed single family use. He referred to the first criteria, the proposed amendment is consistent with the Comprehensive Plan and Mr. Underhill’s reference to statements in the Comprehensive Plan that single family was a goal/priority in the City. He asked what criteria the Council should use to judge whether an amendment was consistent with the Comprehensive Plan. Mr. Bowman answered the Comprehensive Plan must be considered as a whole. The agenda memo listed the criteria the Council must use in evaluating a Comprehensive Plan amendment. He quoted from Planning Board Member Reid’s summation on page 11 of the packet, “Upon reviewing the Comprehensive Plan, he said he doesn’t see any other single-family residential neighborhoods located in the center of the activity center. The proposed change would not be consistent with the Comprehensive Plan and would not be in the public interest. The proposal would also be inconsistent with adjoining properties.” Mr. Bowman did not deny the neighborhood was unique, however, under the current land use designation and zoning, the property owners retain their ability to remain single family as long as they choose. However, from a planning perspective, it was appropriate to retain the historic designation. Councilmember Wilson asked if there were any other examples in the Comprehensive Plan where the designation of six houses on one side of the street and ten on the other side was changed. Mr. Bowman explained the question before the Council was whether the area identified for a change in the designation was consistent with the vision for that area. If the Council believed it was not, the Council could concur with Mr. Underhill’s request. The Planning Board and staff has identified reasons they did not find it consistent with the Comprehensive Plan. Councilmember Bernheim asked whether the homeowners had any vested rights in the current zoning, an expectation of the zoning when they purchased their property. Mr. Snyder commented that was a legislative matter for the Council to consider. Mr. Bowman advised there was no vested right in the current zoning. Councilmember Bernheim summarized the Council was legally authorized to change the zoning as long as it was done via due process. Mr. Snyder and Mr. Bowman agreed. Councilmember Wilson asked if the Council was compelled to accept the application if it determined the four criteria had been met. Mr. Snyder advised the criteria had to be met for the Council to consider the application; it was the Council’s legislative decision whether to act. Packet Page 12 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 10 COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCIL PRESIDENT PLUNKETT, THAT THE COUNCIL NOT ACCEPT THE PLANNING BOARD’S RECOMMENDATION AND ADOPT THE REQUEST SUBMITTED BY MR. UNDERHILL. Council President Plunkett referred to the fourth criteria, the subject parcels are physically suitable for the requested land use designation(s), pointing out this criteria had been met as evidenced by the statement in the staff report that the subject area itself is physically suitable for the requested land use designation. With regard to the third criteria, does the proposed amendment maintain the appropriate balance of land uses within the city, he pointed out this criteria had been met as evidenced by the statement in the staff report that changing the designation of a portion of one street from “Mixed Use Commercial” to “Single Family Urban 1” did not significantly affect the overall balance of land use in the City. With regard to the second criteria, is the proposed amendment detrimental to the public interest and the first criteria, is the proposed amendment consistent with the Comprehensive Plan and in the public interest, Council President Plunkett concluded the proposed amendment was consistent with the Comprehensive Plan. He referred to pages 49, 50, 59 and 66 that reference Comprehensive Plan language regarding preserving older stock, diversity, affordability, and access to facilities, goals this proposed amendment achieved. He concluded the amendment met the four criteria. Councilmember Orvis expressed support for the motion. With regard to the first criteria, he found it was met, referring to Mr. Underhill’s comment regarding affordable housing. As a resident of the east side of Edmonds himself, he noted that area provided more affordable housing for Edmonds residents. With regard to the second criteria, he noted there were no engineering objections to the proposed amendment. With regard to the third criteria, he noted if the amendment were approved, there would be business, single family, multi family, and public uses mixed together, similar to downtown. He noted there were other pockets of similar zoning throughout the City. He disagreed with the finding that the proposed amendment would result in an island. He also found the amendment met the fourth criteria. Councilmember Dawson stated this was a difficult decision, acknowledging there were many areas in Edmonds and other cities where redevelopment would best serve the interests of the community. An interesting thing about this neighborhood was that although the zoning designation had existed for some time, the neighborhood had not redeveloped. She noted there were many examples throughout Snohomish County of neighborhoods that were ripe for redevelopment that were in a state of blight and where it would clearly be in the best interest of the public for them to be redeveloped. This neighborhood, although adjacent to more aggressively zoned/developed areas, continues to exist and improvements are made by the residents which showed the zoning should be consistent with the way the neighborhood currently exists, not the way the City might like to see it developed. There was value to having a mix of uses in the City. She acknowledged she would not be sympathetic to the neighbors’ objection to nearby development due to their single family designation, anticipating the surrounding area may develop more aggressively. If this neighborhood was able to co-exist with that development and continue to thrive, it was a value to the community. She agreed with Councilmember Orvis’ comment regarding the importance of affordable housing stock in the community. She found the proposed amendment consistent with the Comprehensive Plan and expressed her support for the motion. Although he understood the residents’ reluctance to have their neighborhood developed multi family as it would degrade the neighborhood, Councilmember Wambolt indicated he would not support the motion. He reiterated it was not as if the properties were being condemned for multi family; the fate of the properties was entirely in the hands of the owners. He did not support the motion and was in favor of supporting the recommendation of the Planning Board. Councilmember Wilson agreed this presented a difficult question to the Council. He noted the Planning Board did its job, determining that the request did not match the Comprehensive Plan. Although it could be debated whether or not the proposed amendment met the criteria, it was ultimately a question of vision. He would support the amendment due to the importance of affordable housing and because this neighborhood was a prime example of where citizens had maintained their homes and used the system to achieve their goal. Although Packet Page 13 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 11 there was reason to uphold the Planning Board’s recommendation, his vision included strong neighborhoods such as this. He expressed his support for the motion. Councilmember Olson indicated she did not support the motion. She agreed with Councilmember Wambolt that the neighborhood would not be redeveloped unless the residents sold their homes and pointed out the neighborhood had the same land use designation for a long time and no redevelopment had occurred. Councilmember Dawson noted the issue was how the Council wanted that neighborhood to develop. She found maintaining the neighborhood in the current manner would be consistent with her vision for the city and it was appropriate to maintain those uses. MOTION CARRIED (5-2), COUNCILMEMBER WAMBOLT AND COUNCILMEMBER OLSON OPPOSED. Mr. Snyder asked whether Councilmember Bernheim intended for the motion to cover the entire neighborhood, recalling there were two properties that asked to be removed. Councilmember Bernheim clarified it was his intent to include the entire area. Councilmember Wilson commented his understanding that upholding the applicant’s request to deny the Planning Board’s recommendation did not include the two properties that asked to be removed. Mr. Bowman clarified the request included the two properties; they requested to be removed, however, the application applied to all the properties. Councilmember Bernheim commented the neighborhood was a logical, integral whole. That was the character that the application and he intended to maintain and not to allow two properties to be developed as commercial or mixed use. He noted zoning was a legislative power and similar to property owners who were adversely affected when large condominiums were constructed in their view, property owners may be adversely affected when the City Council voted to retain a neighborhood the way it had developed. He noted there was room in the Comprehensive Plan for changes that value the present use as the best use. As the seconder to the motion, Council President Plunkett advised it was his understanding the motion included the entire neighborhood. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO RECONSIDER THE MOTION. Councilmember Wilson pointed out the Planning Board did not make a recommendation regarding the two properties on 76th who asked not to have their zoning changed; therefore the Council would be doing something extraordinary. He noted it was common in the Comprehensive Plan to have zoning on an arterial that allowed mixed use or commercial on properties that abut a residential area and therefore it would be applicable in this area. He suggested allowing a revote to reaffirm the Council’s approval of a change for all the properties with the exception of the two properties who specifically asked not to be changed. Councilmember Dawson clarified these properties were not being rezoned; the Comprehensive Plan was being updated and a rezone would follow. UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBER WILSON AND COUNCILMEMBER OLSON IN FAVOR; AND COUNCIL PRESIDENT PLUNKETT AND COUNCILMEMBERS ORVIS, BERNHEIM, WAMBOLT, DAWSON OPPOSED. 6. PUBLIC HEARING ON THE PROPOSED VACATION OF THE UNOPENED ALLEY RIGHT-OF-WAY LOCATED BETWEEN 8TH AVENUE NORTH AND 9TH AVENUE NORTH, NORTH OF DALEY STREET. Development Services Director Duane Bowman questioned whether the Council had received all the materials that Eric Thuesen provided. Mayor Haakenson advised the Council had received a 40-page letter from Mr. Thuesen tonight. Mr. Bowman distributed additional information received this afternoon from Mr. Theusen. City Attorney Scott Snyder suggested proceeding with the hearing and if the Council deems the new material Packet Page 14 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 12 worthy of review, they could consider continuing the hearing. Mr. Bowman noted the Council also received a letter from Jim Wold. Councilmember Dawson advised the information she just received included correspondence with her husband’s law firm and she did not find it appropriate for her to participate if her husband’s law firm were potentially involved in litigation regarding this matter. She recused herself and left the room. Mr. Bowman recalled on June 24, 2008, the City Council passed Resolution No. 1178 initiating this vacation action. He displayed an aerial photograph and identified the property owned by Mr. Thuesen that was currently developed with a single family house and a small detached garage in the east corner. He also identified the 7.5 foot unopened alley right-of-way located north of Daley Street, between 8th Avenue North and 9th Avenue North, identifying the area where the alley was used for access as well as the Wold and Olson residences and 9th Avenue. He explained the Wolds had an easement across properties 847 and 853. He identified the portion of the alley to the west where the topography was very steep and displayed a topography map that identified the contours of the block between 8th and 9th. Mr. Bowman displayed a drawing of the 800 block of Daley Street prepared by Jim Wold that illustrated uses along the alley. The alley was created with the original plat of Edmonds and had never been used by the City. It was originally intended when the area to the north subdivided that the other half of the alley would be dedicated to the City which never happened. The alley had never been used with exception of the east portion. He noted the Wolds (third property on the southeast side of the alley) had a private easement across the other two properties on the southeast side of the alley, providing that property access from the alley as well as the easement. He identified the Olson property (on the northeast end of the alley) which had access to their garage from 9th Avenue. He identified the location of the new house on the Thuesen property and a garage in the southeast corner, advising Mr. Thuesen had preliminary subdivision approval to create two additional lots. Mr. Bowman relayed the criteria that the Council must consider for an alley vacation, a) the vacation is in the public interest, and b) no property will be denied direct access as a result of the vacation. He pointed out the Reidy’s primary vehicle access was via Daley. The recently approved short plat for the Thuesen property allows a lot in the center of his property. It was originally a two-lot subdivision; however, following a court case, Mr. Thuesen was allowed to reapply and he received approval for a three lot subdivision. He displayed the approved preliminary plat for the short subdivision of the Thuesen property, identifying the existing house, a center lot with access via an access easement to 8th Avenue and a third lot on the western end. He displayed the conceptual development plan reviewed as part of the short subdivision, identifying the existing home at the east end with a detached garage, the generalized location of the home on the center lot that did not utilize the 7.5 foot alley for its access, and the third house with access onto 8th. With regard to the first criteria, the vacation is in the public interest, Mr. Bowman advised the City had no planned or existing improvements in the alleyway. It would be in the public interest to vacate the right-of-way and return it to the tax rolls. Regarding the second criteria, no property will be denied access as a result of the vacation, he advised access was currently available to all properties. The most likely issue would be the Olsons access to their garage via the alley which he explained could be accomplished via an exchange of easement by the property owners to the south granting access over the existing alleyway. He concluded no property was deprived of direct access or uses the alley for access. With regard to compensation, staff did not recommend any compensation for the recommended right-of-way, it came from the properties to the south and vacating the unused right-of-way reduced the City’s liability for any of the existing unused conditions. Council President Plunkett asked whether there was a pending lawsuit. Mr. Bowman advised there was no lawsuit, only a threat of a lawsuit. City Attorney Scott Snyder clarified the Council was not giving the property away, the City would simply vacate its interest, the property goes where it goes by operation of the law. Title issues were not part of the Council’s role; the Council’s only considerations were whether the vacation was in the public interest and ensuring no one was denied direct access as a result of the vacation. Packet Page 15 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 13 Pointing out the materials Mr. Thuesen provided referenced legal action and a Councilmember chose not to participate due to potential legal action, Council President Plunkett was uncertain what legal activity surrounded this matter. Mr. Bowman explained the City was involved in a lawsuit with Mr. Thuesen during the subdivision of his property regarding the wetland area; Mr. Thuesen prevailed and the court decision allowed him to apply for the third lot on the property and fill the wetlands. The other issue was the Reidys have a small shed on the rear of their property that encroaches into the alleyway and a corner that projects onto Mr. Thuesen’s property. The City began an enforcement action to compel the Reidys to move their shed out of the City’s right-of-way. The Reidys chose to pursue the vacation request and prevailed in the Council initiating the vacation request. He attempted to get the Reidys and Mr. Thuesen to work out an agreement to rectify the situation; Mr. Thuesen would like to use the alley for a retaining wall to improve the access to his third lot; the Reidys want to preserve their shed. The parties were unable to reach an agreement and Mr. Thuesen was opposed to the alley vacation and the Reidys want to pursue the vacation to allow them to reclaim the property. Mr. Snyder explained the City may grant a temporary encroachment permit to use the public right-of-way; absent that permit the City had a right to compel removal of any object in the public right-of-way. The only way the shed could remain would be if the City vacated the right-of-way. Mayor Haakenson referred to Mr. Thuesen’s 40+ page document that states approval of any alley vacation will result in suit for damages from the petitioner against the City. Mr. Snyder trusted the Council to apply the criteria and he would defend a lawsuit if necessary. Councilmember Bernheim referenced Mr. Snyder’s comment that it was the duty of the City to compel the removal of the shed, pointing out to the east there were fences, landscaping and other structures in the right-of- way. Mr. Snyder acknowledged much of the unopened rights-of-way in the City were occupied by fences, landscaping and structures. The City acts on complaint; when a complaint was received, the City must investigate and take necessary action. Mayor Haakenson opened the public participation portion of the public hearing. He advised the Council had received a 40-page and a 10-page letter from Mr. Thuesen and a letter from Jim Wold. Laurie Niven, Edmonds, expressed her support for vacating the alley with no compensation to the City. Although she did not know everyone’s opinion with regard to the vacation, she urged that whatever the decision, there not be any divisiveness among the neighbors and that access to garages be maintained. Jim Wold, Edmonds, was uncertain whether the easement to his property from 9th Avenue was legally established. He explained the builder who built the five homes along Daley Street from 9th to 8th lived in the house he now owned. He assumed at that time the builder moved the fence line back of the two houses between his house and 9th Avenue North to provide access to his garage. In the late 1960’s the owner prior to the Olsons removed their original garage and built a garage on the back accessible only by the 7.5 foot right-of-way and the “easement” developed by the builder. Those two homes were the only ones using the right-of-way. When he moved in they removed the garage in the rear and replacing the pad with landscaping. He noted he still used the right-of-way and easement on occasion for transporting landscaping materials. He concluded the alleyway was not essential for him and he was in favor of the vacation. Ken Reidy, Edmonds, commented 118 years had passed and the City had not established any public use for the 7.5 foot unopened alley right-of-way between 8th and 9th and the City has no future plans for the right-of-way. He found it in the City’s best interest as well as the public’s best interest to vacate the right-of-way, pointing out public rights-of-way must be maintained by the City for the safety and convenience of the public. He was unaware of any City maintenance of the right-of-way; its unmaintained condition coupled with the steepness of the slope created an unnecessary liability for the City and managing a right-of-way was a burden to the City requiring additional administrative effort to monitor its status. The public would benefit from vacation of the Packet Page 16 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 14 right-of-way by the property being subject to property taxes. He noted in 1980 via ordinance 15 feet of the right-of-way was vacated. In 1993 using this vacation the prior owner of his home purchased the 15 foot section of the right-of-way. He concluded the alley right-of-way was not continuous to 8th as the first 15 feet were privately owned. He supported the vacation of the remaining 7.5 feet of unopened alley right-of-way. He noted the status of his shed was separate from the issue of vacation and assured the shed would be removed. Eric Thuesen, Edmonds, commented the issue was not the vacation of the entire alley but only the unused portion where the two arrows meet on Mr. Wold’s drawing; the other portion of the alley had been in use since 1956. He provided background on his property, explaining after purchasing the property in 2004, he applied for a short plat utilizing a portion of the alley for access; the final approved short plat shows use of the alley. In July 2007 a construction survey revealed the Reidy’s shed encroached onto the alley. He filed a complaint with the City against the encroachment due to his intent to utilize the alley. Engineering plans he received after receiving the short plat approval in July 2007 showed the use of the alley for access to the first lot. That was approved by the Engineering Department with the exception of an encroachment permit, needed to build a retaining wall in an alley. The retaining wall encroachment permit was not granted; the wall could not be constructed until an encroachment permit was finalized and issued for the structure encroaching into the alley. He referred to conversations in early July 2007 with the Reidys attorney and his request that the City pursue code enforcement to remove the shed. He filed an objection to the proposed vacation of the alley and referred to Section 20.70.040B that states the City cannot proceed with vacation if 50% or more of the property abutting the street or alley file written objection. He advised he had a vested interest due to the approved building permit that included alley access. He was opposed to the alley vacation, finding it a violation of his vested rights and 20.70.040B. Mr. Snyder commented in a vacation, the City could reserve easements and still vacate the property. He asked whether the Council reserving an easement for embankments or retaining walls would address his issue. Mr. Thuesen answered his problem was with Mr. Reidy’s shed which Mr. Reidy had elected not to remove. He noted the retaining wall would be used to support the land; the roadway would be adjacent to the retaining wall. Mr. Snyder concluded from Mr. Thuesen’s comments that a portion of his access road would be within the 7.5 foot alley right-of-way. Mr. Thuesen agreed, explaining because of the Reidy’s shed, he had to make adjustments to move the retaining wall out of the right-of-way. He objected to the vacation as it did not resolve the problem of the Reidy’s shed. Greg Olson, Edmonds, whose property was on the northeast corner of the alley, explained his objectives were to, 1) maintain access to his garage, 2) improve the safety and security of the alley, and 3) prevent any increase in traffic or parking in the alley. He noted their original garage was moved to the rear when their home was remodeled in 1967 and their sole access to the garage was via the alley. The previous owner granted a permanent easement to Mr. Thuesen on the north side of this property which provides access to the buildings on the 509 9th Avenue North property. He requested a permanent easement be granted on the alley right-of-way to retain access to his garage. He used the access on a daily basis and it was used occasionally by Mr. Wold; he wanted to prevent any further parking by the buildings to the west. He noted the fences on both sides of the alley were quite low and the owners at 853, 847 and 841 Daley as well as he were best equipped to ensure the safety and security of the alley. He expressed support for vacation of the alley. Forest Wold, Edmonds, urged the Council to favorably consider vacation of the right-of-way, commenting it made economic and public policy sense. Hearing no further public comment, Mayor Haakenson closed the public hearing. Council President Plunkett asked whether with some thought/time there would be a way to allow the retaining wall to be built and the right-of-way vacated in the future. Mr. Snyder requested this matter be continued to allow staff to consider the material submitted tonight and to compare the plat approvals to determine what was Packet Page 17 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 15 vested. If there are prescriptive rights, that was for the court to decide. He suggested the Council ask any questions and ensure the record accurately reflected what rights are vested under plat approvals. Councilmember Wilson commented the packet Council received on Friday did not include the 40-page letter Mr. Thuesen provided tonight. He agreed with Mr. Snyder’s suggestion to continue the matter to a later date to provide the Council and staff an opportunity to consider all the material. He asked about the comment that the Reidy property included the first 15-feet of the alley from 8th Avenue North. Mr. Bowman answered his research revealed there were some street and alley vacations done but it was not clear that the alley was vacated and the survey submitted by the Reidys did not show the alley as part of their property. The ordinance that did the original vacation on 8th Avenue and the ordinance that vacated the portion on the east side where the Reidy’s is located does not affirm in fact that 7.5 feet on the westerly portion of the alley was vacated. The east 15 feet of 8th Avenue was in fact vacated. Mr. Bowman referred to Council Resolution No. 474, dated August 19, 1980, that shows 100 feet plus 7.5 feet. Unfortunately the ordinance did not show this same drawing that vacated the east 15 feet of 8th Avenue North and he requested an opportunity to research the matter further. He agreed the Council may need to continue the matter, noting some of the parties may not be able to attend a meeting until late August or early September. Mr. Snyder agreed with Mr. Thuesen that the code states the City shall not proceed with the vacation if the owners of 50% or more of the property abutting the street or alley or part thereof object. He recommended the record accurately reflect the abutting property ownership. Mr. Bowman disagreed with Mr. Thuesen’s assertion that only a portion of the alley was proposed to be vacated, the proposal was to vacate the entire alley between 8th and 9th Avenue. The neighbors have discussed establishing easements on the portion identified on Mr. Wold’s drawing as in use since 1956 (the east end of the alley). Mr. Snyder agreed a written staff opinion would be helpful. Mayor Haakenson encouraged the Council to ask any questions and staff would provide a report with answers to their questions at a later date. Following a brief discussion regarding scheduling and availability of property owners, Council President Plunkett agreed to schedule the matter as time was available on the agenda. Mr. Snyder suggested continuing the public hearing to allow the property owners to comment on staff’s response. Councilmember Wilson asked if this vacation arose due to the location of the Reidy’s shed. Mayor Haakenson explained the neighbors contacted him to discuss issues of access to their property. Staff and he cannot bring a vacation request to the Council; it must be generated by the Council. Councilmembers Wambolt and Olson met with the neighbors and proposed the vacation. He advised the Reidy’s shed was a separate issue. Mr. Bowman explained when a complaint was filed regarding the Reidy’s shed, the options were to remove the shed or vacate the right-of-way; a portion of the shed would be required to be removed even if the alley were vacated. Mayor Haakenson explained the neighbors on both sides of the east side end of the alley inquired about vacating the alley due to concern with access to their property and concerns with parking in the alley when houses were constructed to the west. Councilmember Wilson advised he would defer any further questions until staff provided a written report. Councilmember Bernheim commented Mr. Thuesen’s submission of materials was timely; he was entitled to present material at the hearing. For Councilmember Bernheim, Mr. Snyder explained the City owned a right-of- way easement and did not own the underlying fee. When the City vacated the easement, the property reverted to the owner of the underlying fee. In most cases it was to the middle of the roadway, however, when the entire dedication originally came from the same tract of land, it reverted to those properties. It would appear it would revert to the owners of the property in the original Town map. Councilmember Bernheim asked whether there was any basis for Mr. Thuesen’s assertion that he owned 50% of the property abutting the property to be vacated. Mr. Snyder wanted to ensure the record clarified the Packet Page 18 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 16 application and Mr. Thuesen’s abutting ownership. Councilmember Bernheim asked Mr. Snyder to research whether the middle lot in the subdivision would have direct access. Mr. Snyder noted another issue was vesting. Mayor Haakenson advised the hearing would be continued to a date as yet unknown. Mr. Bowman advised the hearing would be re-advertised and the property owners notified. Mayor Haakenson declared a brief recess. Councilmember Dawson returned to the dais. 7. AUDIENCE COMMENTS Rick Senderoff, Edmonds, objected to Councilmember Wambolt’s guest view in the Edmonds Beacon, finding it used subjective and speculative language that did not necessarily contribute to productive public discourse and discouraged a good faith effort by citizens to find a solution to an ongoing Edmonds issue when developers obtain properties critical to the city’s future without intending to develop until building codes were changed. The old Safeway and Skippers properties were critical due to their proximity to the waterfront and the business core; leaving them undeveloped did not produce revenue, present additional business opportunities nor provide quality of life benefits. He objected to Councilmember Wambolt’s use of the term “small group” noting that a small group of citizens represented a large constituency who supported him in the past election, support that was largely due to his position against changing building heights, a position he now appeared to reject. He noted during the open public forum, 19 citizens expressed their support for exploring the option of acquiring the properties so that the City might develop a plan with vision. Further, over 100 individuals donated over $4,000 to benefit students who designed plausible alternative solutions. Not a single Edmonds resident expressed support for any other option including an owner-driven or City-driven master plan without ownership of the property. He concluded it appeared Councilmember Wambolt had sided with developers who wanted to redevelop the property with taller buildings than were currently allowed. He objected to Councilmember Wambolt’s reference to other ballot measures and financial issues facing Stevens Hospital and other public interests, summarizing Edmonds residents were aware there were difficult choices to be made but continue to invest in themselves, their property and community. He urged the Council to consider and research all options. Don Hall, Edmonds, proposed the City consider the plastic bag issue, recalling the Seattle City Council passed a resolution regarding plastic bags although he did not agree with charging a fee for a plastic bag. He was opposed to plastic bags due to their impact on marine life, killing 100,000 marine animals and 2 million birds per year. He noted China was eliminating all thin plastic bags, Australia was phasing out plastic bags by year end and other cities were imposing laws regarding plastic bags. He cited new products that replace plastic bags including bio-bags for composting. He recognized Petosa’s and other stores downtown for discontinuing the use of plastic bags, advising bio-bags were available in several downtown stores. He urged consumers to request stores eliminate plastic bags. Rick Gifford, Edmonds, land use counsel for the 555 Main Street site and the property owners Rick Kent and Mark Trumper, explained they propose to develop a mixed use commercial office building at 555 Main Street as their business was outgrowing their space in Harbor Square. They were here tonight regarding the new BD1 zone in which this property was located. He advised they attended last week’s Council meeting where information was introduced by staff but they did not have an opportunity to respond. He asserted the Council was pressed to take action without opportunity to be accurately and fully briefed, a process that had ripple affects that created additional problems and further ambiguities. He noted the contemplated project at 555 Main had been designed with an emphasis on the needs of his clients’ business, the code language, and the underlying philosophy of the City’s plans for its retail corridor as expressed in the BD1 code. In discussions with planning staff, they were encouraged to submit a code interpretation request to assist staff in assessing the project, the first for review under the BD1. Although they did not find a code interpretation necessary nor justified, they complied with staff’s suggestion. They received a surprising interpretation followed by the late night marathon Council meeting last week. Now the Council was preparing to adopt an unnecessary interim ordinance even Packet Page 19 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 17 though the plain language of the code was clear, the as yet unsubmitted project conforms with the code and there was no urgency for the Council to act in a precipitous manner. Mr. Gifford requested the Council reconsider its request for an interim ordinance which would rewrite the existing BD1 code to require 15-foot ceilings to the back of a building. He found it a mistake to rush to a stopgap solution without first examining the purposes to be served and the irreparable harm such a short term action may have on his clients’ business, other businesses, and the City’s planning and economic objectives. He urged the Council to consider the underlying issues in this first practical test of the BD1 zoning ordinance and address those issues with a more considered approach to “fix” the code. His clients had worked hard to properly apply the City’s BD1 code and persisted with the city to accomplish other objectives such as possibly preserving the existing residential structure. They were committed to continuing to work with the City in good faith to accomplish their vision for the site in accordance with all applicable policies, codes and guidelines. They believed the design concept that started this process met and exceeded BD1 code requirements and fulfilled the spirit in the provisions - great storefront retail on Main Street, upscale and green commercial space with alley access to below ground off-street parking to keep cars off the street and places for customers to shop. The building would also provide an exciting new home for an indigenous business with local ownership. He urged Council to decline the proposed interim ordinance and recommend to staff that the BD1 code interpretation be withdrawn. His clients were willing to retract their request for a code interpretation if necessary to accomplish this and withdraw their pending appeal to the Hearing Examiner regarding the code interpretation, allowing them to proceed in due course with design, planning and application to the City for their proposed project. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO EXTEND THE MEETING FOR 20 MINUTES. MOTION CARRIED UNANIMOUSLY. David Thorpe, Edmonds, clarified his reference last week during the nuisance hearing regarding friends that lived next to a hoarder that they lived in Lynnwood. He spoke in favor of a process that allowed the Council to establish clear priorities that met short and long term goals, a necessary first step for staff, Council and Edmonds citizens so that clear and concise decisions could be made. He noted with regard to the Downtown Waterfront Activity Area, information was spotty and not clear or concise. As the property was not listed for sale, he questioned whether the City was wasting time and resources. With a long and short term priority list and details of actions and expenses, the pros and cons of each item could be discussed. He commented on how Bellevue had grown from a bedroom community to a world class city. He pointed out the impact of transforming the former Eastside Catholic School site into the Downtown Park; Bellevue Square was previously 1-2 stories and open air, it was now a covered mall with no personality. The park did not generate money and density downtown was increasing; Edmonds was not in that league. He disagreed with Councilmember Wilson’s comment last week about more realistic, less ambitious, preferring preserve and foster, not protect and limit. He noted the community recently passed the EMS levy, supported the school levy and may soon be asked to increase funding for Stevens Hospital along with other projects. He urged the Council to lead and supply accurate information to allow citizens to make good decisions on future expenditures. Roger Hertrich, Edmonds, recalled rain barrels were approved via the adoption of an interim ordinance, an action he viewed as a mistake. He expressed concern with the location of the garbage enclosure in the setback at the PCC site which Mr. Bowman indicated was approved last year and did not require ADB review because it was such a small project. Next, he reminded the public the Planning Board would be discussing parking of recreational vehicles on Wednesday, July 23. He advised the following were considered recreational vehicles: travel trailers, folding tent trailers, motor vehicle trailers, campers, a canopy removed from a truck or boat, boat, boat trailer, snowmobile or snowmobile trailer, and other similar conveyances. He noted under the proposed regulations, residents would be limited on the number of vehicles and where they could be parked. He also thanked Bob Gregg for not building a third floor, noting the building looked great. Mr. Hertrich likes the design and the color, and noted Old Milltown was back. Packet Page 20 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 18 8. ZONING ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 16.43 BD (DOWNTOWN BUSINESS) ZONES. Mr. Bowman explained this was the result of Council discussion and direction regarding interpretation of the BD1 zone. Two versions of the interim zoning ordinance were prepared to address the issues of the interpretation of what the Council meant in regard to the ground floor in the BD1 zone. He explained an interim zoning ordinance was a tool available to the Council; the Council could adopt one of the ordinances drafted by the City Attorney or state an alternate position. He noted an interim ordinance required a public hearing within 60 days of passage and referral to the Planning Board for review and recommendation to the Council. Mr. Snyder explained the purpose of an interim zoning ordinance was to preserve the status quo. Two versions of the ordinance were provided, one with an emergency clause making it immediately effective and the other without the emergency clause. Councilmember Dawson reiterated the statement she made last week, that this was what the Council thought they were doing when they adopted the ordinance. She was uncertain now whether it was the wisest decision or whether the Council considered it but she did not recall the Council had any intent other than this. She noted this was an example of unintended consequences and she was not convinced that the result on this property or other properties would be the best course of action. Mr. Bowman commented there seemed to be consensus on the Council that the ground floor was all commercial. He referred to excerpts from the Planning Board and Council minutes regarding the discussion regarding BD1. If the Council was uncertain they wanted the entire ground floor to be commercial, he suggested the Council provide alternate direction. Councilmember Dawson commented it appeared this could be a very good project and she was not opposed to allowing that to happen, but she was uncertain what options were available to the Council. She reiterated it was clear from the Council’s previous deliberations that they did not intend to have anything other than commercial on the ground floor. Mr. Snyder agreed there was never any discussion of any other uses in the back on the ground floor. He noted if the situation were left open and a development permit were submitted, the Council would be considering it as a quasi judicial body in a much more limited situation with a much more expensive potential. He also pointed out the potential that the back portion of the ground floor would be unregulated, which was not what he envisioned the Council intended. Councilmember Dawson advised she was not inclined to adopt an interim zoning ordinance, noting although it was likely the Council’s intent at the time, it may not be direction the Council would have taken if they, staff or the community had thought about it. Mr. Bowman advised the property owners requested a code interpretation and presented a good argument that the Council did not envision a 15-foot ceiling height for parking and questioning whether the Council intended for there to be a split of a 15-foot ceiling height. Assuming there were four Councilmembers who wanted to adopt a different version, Councilmember Dawson asked the fastest way to put something in place that would suit the needs of the property owner, the Council and the community and not result in litigation. Mr. Snyder suggested setting a baseline with regard to what the Council thought they were doing and refer it to the Planning Board and bring changes back via an interim zoning ordinance. Mr. Bowman agreed an interim zoning ordinance would be the best route as it would allow the property owner to move forward, establish the Council’s direction and refer the matter to the Planning Board. Councilmember Dawson concluded from Mr. Bowman’s comments that staff would bring back a different interim zoning ordinance at a later date. Mr. Snyder commented that left the door open to an application. Councilmember Dawson commented the Council would need to rely on the property owners not to submit an application and sue the City and to accept that the City was making a good faith effort to address their needs. She asked if staff could return with a different interim zoning ordinance. Mr. Bowman agreed staff could, with Council direction. Mr. Snyder expressed concern with designing an ordinance around a project. Councilmember Dawson commented this issue highlighted that the Council, staff or Planning Board did not think about this issue at the Packet Page 21 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 19 time of their original discussion. Mayor Haakenson suggested the Council give staff direction regarding what they would like in an interim zoning ordinance. Councilmember Bernheim commented he was not necessarily supportive of a mandatory 15-foot ceiling for the entire floor and did not support enacting an ordinance that requires that. He suggested referring this to the Planning Board to examine the staff interpretation and the proposed ordinances and determine if they were appropriate to clarify the matter. He was satisfied with a 45-foot depth, noting a depth of 60-feet with a 15-foot ceiling was unnecessary. He was willing to live with the existing code and risk the submittal of an application. Council President Plunkett commented the idea being discussed was considered in zones other than BD1. Although he understood the Council’s intent in BD1, he was satisfied with 12-15 foot ceilings going back X square feet and allowing a great deal of flexibility behind that depth. He suggested the best method would be via an interim ordinance following review by the Planning Board. Councilmember Wambolt commented the height limit was 25 feet; a building could only achieve 30 feet with 15-foot first floor in the BD1 zone. He noted the BD1 zone was crafted to be retail; however, the current property owners wanted to construct a mixed use building with a significant amount of office space. Rick Gifford, land use attorney for the property owners of 555 Main, explained the code mandates commercial use in the BD1, retail was an allowed commercial use; nowhere in the BD1 did it mandate retail. The structure of the design standards indicate street front retail was a high priority, which is the reason this building was designed to provide that height in the retail space along the frontage of Main Street. Councilmember Wambolt commented the Council hoped it would primarily be retail and recalled there was a unanimous vote in support of the 15-foot ceiling height. He recalled the 15-foot ceiling height was desired so that the building would be versatile. He noted the 15-foot ceiling height was from the floor to the ceiling height, the finished ceiling height would be less than 15 feet. Although there was reference in the code to 30 feet, he noted it did not apply to BD1. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT PLUNKETT, TO EXTEND THE MEETING FOR AN ADDITIONAL 20 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Bowman referred to ECDC 16.43.030.B.6.c, which states in no case shall the depth of the commercial space as measured from the street front of the building be less than 30 feet, which he noted applied to the BD1 zone. Mr. Snyder expressed concern with complying with the public participation requirements of the GMA; an interim zoning ordinance was a tool to establish a regulation and hold a public hearing at a later date. He was concerned with opening the discussion because it was not on the agenda for public comment, there was no way any member of the public could have known and there may be opposing viewpoints. He noted an interim zoning ordinance was a tool to start a process not a tool to conclude it. Mayor Haakenson requested the Council provide direction regarding what they wanted in an interim zoning ordinance. Councilmember Orvis supported the Council passing Exhibit 2. If the Council wanted to address what could be done in the back half of the building, it should be referred to the Planning Board to allow for a full public process. The intent of this interim zoning ordinance was to clarify the Council’s intent; if the Council wanted to change the policy, a full public process including a Planning Board hearing and public hearing before the Council was appropriate. He noted the depth in BD2 and BD3 was 60 feet; he was unclear why less depth would be allowed in BD1. Council President Plunkett observed Councilmember Orvis apparently did not like the idea of an interim ordinance, pointing out there would be a public hearing regarding the interim ordinance. Councilmember Orvis hoped the intent of what the Council passed would be followed until the code were changed and that it would not be changed on the fly without a public process. The intent of the ordinance he voted for was a commercial Packet Page 22 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 20 floor with a 15-foot ceiling height all the way to the back and he did not want that changed without the full participation of the public. If the Council wanted to allow more flexibility in the back half of the building in BD1, it should be referred to the Planning Board. Mayor Haakenson suggested Councilmember Orvis provide his logic for a 15-foot ceiling height all the way to the back. Council President Plunkett assured the interim ordinance would follow due process. Councilmember Orvis answered not in respect to this application; this application should follow the Council’s intent based on the code that was adopted at the time. He pointed out BD1 is the most sensitive zone and he was unwilling to change the intent of the code based on one application. Mayor Haakenson reminded this proposed applicant had not requested any change; staff and he were seeking clarification regarding the Council’s intent. The property owners have the opportunity to appeal staff’s decision. Councilmember Wilson commented he understood the Council’s intent and supported allowing that to stand and allowing an appropriate due process to change it as needed. If the Council did nothing, the property owners could challenge staff’s interpretation via the appropriate legal avenues, a path he did not find the most amicable way to achieve a good project in the most important zone. Another option would be to withdraw staff’s interpretation and the property owners request for an interpretation and be in a position where there was unregulated space, not what he believed the Council wanted. He noted a process would be required to pass any interim ordinance and by the time it was concluded, there should be time to develop something good. He commented the Council could do nothing tonight and move forward with due process which would allow the possibility of litigation or pass the interim ordinance. He preferred to pass the interim ordinance in Exhibit 2 tonight that reflected the Council’s intent. Councilmember Dawson commented at the time the ordinance was passed, the Council relied on the advice of Mark Hinshaw and staff regarding what was needed to ensure space was usable to retail in the future and that was the Council’s intent. The more she contemplated this, she was not convinced the 15-foot ceiling height was necessary the entire depth of the building. As long as commercial was on the street front, she was uncertain whether the uses in the back mattered. She agreed a certain depth was necessary to ensure the space could always be utilized as commercial in the future. She was comfortable giving staff direction to return with an interim ordinance that had commercial to a depth certain and the ceiling height appropriate for retail to a depth certain and providing specifications for a corner lot. She assured this was not because of this specific project but because the current discussions illustrated the limitations of the code as adopted. Mayor Haakenson commented the BD1 zone also did not address what uses would be allowed behind the commercial space and asked if Councilmember Dawson would be amenable to allowing commercial, office or other use but not residential. Councilmember Dawson commented that was an issue that would need to be discussed by the Council. She pointed out the intent was to design space that could be used for retail, not to require the space be used for retail. She was comfortable with an interim ordinance that allowed commercial space behind. Mayor Haakenson anticipated it was not the Council’s intent to have a 15-foot ceiling height for parking, acknowledging parking was not required for commercial in the BD1 zone. Although not on the Council at the time but as an observer, Councilmember Wilson observed most of the community thought what the Council adopted was a 15-foot ceiling height throughout whether it was the right policy or not. He found it reactionary to create something totally new on the fly even if a due process followed, particularly if staff determined the Council’s intent. Mayor Haakenson assured staff was wiling to take on the challenge. Councilmember Dawson clarified she did not disagree with staff’s interpretation of the ordinance as it currently exists; that was the Council’s intent and what the ordinance says. She concluded perhaps the Council’s intent was not the wisest decision and the Council should move in a different direction knowing what it knew now. Councilmember Wambolt pointed out the reason parking was not required in the BD1 zone was the Council was lobbied by many citizens not to require parking. He recalled the concession for those who wanted increased Packet Page 23 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 21 heights was not to require parking. He noted just because the lot was 120 feet in depth, the building was not required to extend to the property line. Councilmember Olson recalled at the time of the original discussion, the Council was thinking about BD1 in the flat area, not on the hill. Because most of the lots in the flat area did not have much depth, this was never discussed. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REFER THIS BACK TO THE STAFF TO COME BACK WITH A DIFFERENT INTERIM ORDINANCE THAT DOES NOT RELY ON THE FULL FLOOR PRINCIPLE BUT ALLOWED ADDITIONAL FLEXIBILITY IN TERMS OF THE DEPTH OF THE GROUND FLOOR WITH 15-FOOT CEILING HEIGHT. Councilmember Bernheim commented the reason he did not support implementing the intent of the past Council was because he did not believe that was what the current code states. He did not agree with that policy and there was no reason to implement it if the Council was not comfortable with it. He clarified the ground floor was the floor with the entry on the street. Councilmember Orvis indicated he would not support the motion as any change to the Council’s original intent should be via the Planning Board process. Council President Plunkett expressed support for the principle but he found Councilmember Orvis’ point about going to the Planning Board compelling and a better representation of the process utilized when the zone was created and a better way of respecting the public’s wishes. UPON ROLL CALL, MOTION FAILED (3-4) COUNCILMEMBERS DAWSON, OLSON AND BERNHEIM IN FAVOR; COUNCIL PRESIDENT PLUNKETT AND COUNCILMEMBERS ORVIS, WILSON AND WAMBOLT OPPOSED. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT PLUNKETT, TO EXTEND THE MEETING UNTIL 11:15 P.M. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO ADOPT THE INTERIM ORDINANCE IN EXHIBIT 1 AND REFER THE ISSUE WITH THE COUNCIL’S COMMENTS TO THE PLANNING BOARD. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS WILSON, WAMBOLT AND ORVIS AND COUNCIL PRESIDENT PLUNKETT IN FAVOR; COUNCILMEMBERS OLSON, BERNHEIM, AND DAWSON OPPOSED. The ordinance approved reads as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE TO CLARIFY THE PROVISIONS OF CHAPTER 16.43 BD (DOWNTOWN BUSINESS) TO CLARIFY AND SUPPLEMENT THE PROCEDURES APPLICABLE TO THE GROUND FLOOR REQUIREMENTS IN THE BD-1 ZONE, SETTING A PUBLIC HEARING DATE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 9A. RECONSIDERATION OF THE PUBLIC HEARING ON THE LIQUOR CONTROL BOARD LICENSE APPLICATION FOR PROVINCE, INC., DBA FIVE SPICE BISTRO. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR RECONSIDERATION OF THE DECISION TO HOLD A PUBLIC HEARING AT THE AUGUST 18 MEETING REGARDING THE ISSUANCE OF A LIQUOR LICENSE TO FIVE SPICE BISTRO. Councilmember Dawson advised she would not support the motion to reconsider. The only way for the Council to have any input to the Liquor Control Board regarding whether or not a license should be granted would be to allow for a public hearing. The law provides for a public hearing in order to provide that feedback to the State. Packet Page 24 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 22 Councilmember Wilson explained when he was asked to pull this item from the Consent Agenda, he believed it was common practice which he later learned it was not. However, the principle upon which he acted was still appropriate; anything the Council was asked to vote on as representatives of the citizenry, the public should have an opportunity to voice their concerns. He understood from City Attorney Scott Snyder that there was little to no impact on the decision made by the Washington State Liquor Control Board (WSLCB) and there was only a narrow range of reasons for an applicant to be turned down. He cautioned the public it was unlikely they could convince the WSLCB to do anything other than what they were already planning to do. He asked whether the Council needed to vote on the list of liquor licenses to be granted and if so, it was appropriate to hold a public hearing. If the Council did not need to vote, perhaps in the future the list could be presented as an update. In this instance because the public was given the expectation that they would have an opportunity to comment on August 18, it was appropriate to hold the public hearing. He asked what the Council’s role in the future should be with regard to WSLCB licenses. Councilmember Orvis commented because the Council gave the expectation that a public hearing would be held, the Council should follow through. He acknowledged the Council did not have the authority to deny the application but could state their opinions to the WSLCB. Councilmember Wambolt suggested reconsidering the decision to hold a public hearing because the Council did not have the facts at the time that decision was made. He clarified the Council had no role in granting/denying liquor licenses, did not have to hold a public hearing and the WSLCB had signed the site since June 4. MOTION FAILED (2-5), COUNCILMEMBERS WAMBOLT AND OLSON IN FAVOR. Mayor Haakenson requested Mr. Snyder describe the Council’s role in the WSLCB request for information from the City. Mr. Snyder suggested the Council packet include the WACs and criteria the WSLCB used to allow the Council and the public to address the factors in which the WSLCB was interested. Mayor Haakenson suggested the list of applications continue to be presented as they had been on the Consent Agenda, noting this was the first time there had been a concern raised. Council President Plunkett commented the process seemed to work, the item was pulled from the Consent Agenda and a public hearing was scheduled. Councilmember Dawson suggested if the Council was not approving the list, it could be provided in a report on the Consent Agenda which would provide an opportunity to comment and allow an opportunity to request a public hearing. She noted the Council was simply acknowledging. She suggested clarifying for the public whether the Council was voting on or merely accepting the list of business that had submitted an application for a liquor license. Mr. Snyder advised he would provide the criteria to the Council and review the City’s ordinance against the current WACs and provisions. Councilmember Olson was concerned the public was being given a false impression that they would be able to have an impact on the liquor license as a result of the public hearing. She recommended making it clear that the public’s comments would probably not have an impact on the license. 9B. COUNCIL REPORTS ON OUTSIDE COMMITTEE/BOARD MEETINGS. Council President Plunkett distributed information regarding the Hotel/Motel Tax Committee. Councilmember Dawson reported the Sound Transit Board would be voting on Thursday whether to place a ballot measure in the November 2008 election. She anticipated there would be enough votes to support a 15- year plan that would bring light rail to Lynnwood and a 30% increase in bus service to Snohomish County as well as improvements to the Edmonds and Mukilteo Sounder stations. Councilmember Olson advised the South Snohomish County Cities group was meeting on Thursday. Packet Page 25 of 426 Edmonds City Council Draft Minutes July 22, 2008 Page 23 Councilmember Wambolt reported at their June 10 meeting, the Port Commission voted to repay 10% of the loan to purchase the buildings at Harbor Square, the maximum they could prepay without penalty. The Port Commission plans to start a Student Representative Program in September and they established their budget schedule for 2009. At their July 14 meeting, the Port reviewed revised plans for the new restroom facility for which they are hoping to obtain a grant. They were unsuccessful in obtaining a grant last year. They also discussed the new law effective December 1, 2008 requiring that 2% of fuel sold be ethanol. Councilmember Orvis, modeling his ski helmet, reported one of the events the Snohomish County Health District Board sponsored was to check the installation of child safety seats. Another topic addressed by the Board was the importance of helmets when skateboarding, skiing or bicycling. He urged all children to wear helmets and urged all adults to persuade/make their child wear a helmet. 10. MAYOR'S COMMENTS Mayor Haakenson referred to the request by Mr. Hall that the Council consider a ban on plastic bags, noting he also received an email suggesting the Council ban bottled water at their meetings. He suggested the Council consider both issues in the future. 11. COUNCIL COMMENTS Council President Plunkett agreed the Council could consider their use of bottled water, recalling the Council had discontinued the use of bottled water in the past. Councilmember Wilson observed the passing of Warren Schweppe, a tremendous community leader, a 9-year member of the Holy Rosary Church, former leader of the VFW, and past president of the Kiwanis. He commented this was a loss of a tremendous citizen and expressed his sympathies to the family. Councilmember Dawson announced next Tuesday was National Night out in Edmonds. She noted the Council would also be meeting next Tuesday, the fifth Tuesday of the month. Councilmember Wambolt commented on the PCC Market being rebuilt on the former Albertson’s property, noting their mode of operation seemed to be that it was easier to ask for forgiveness than for permission. He noted their cutting of the trees resulted in only a $500 fine, an amount he found inadequate and recommended they be required to replant mature trees. Now an issue has been raised about the wall around the garbage enclosure. He recalled when the Council discussed the rain barrel, it was unclear what material would be used for the trash enclosure. He requested staff provide the Council an update with regard to the trash enclosure, the tree removal and the rain barrel. Mayor Haakenson referred to comments he received that the City must be excited about the new revenue streams the City would receive from the new PCC. He pointed out PCC would only replace the revenue the City lost when Albertson’s closed. Mayor Haakenson commented that with the passing of Warren Schweppe and Walt Sellers the City lost two great community leaders who would be missed. 12. ADJOURN With no further business, the Council meeting was adjourned at 11:21 p.m. Packet Page 26 of 426 AM-1692 2.C. Approval of Claim Checks Edmonds City Council Meeting Date:07/29/2008 Submitted By:Debbie Karber Submitted For:Kathleen Junglov Time:Consent Department:Administrative Services Type:Action Review Committee: Action:Approved for Consent Agenda Information Subject Title Approval of claim checks #105682 through #105842 for July 24, 2008 in the amount of $1,031,103.25. Recommendation from Mayor and Staff Approval of claim checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2008 Revenue: Expenditure:1,031,103.25 Fiscal Impact: Claims: $1,031,103.25 Attachments Link: claim checks 07-24-08 Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Kathleen Junglov 07/24/2008 02:47 PM APRV 2 City Clerk Sandy Chase 07/24/2008 03:08 PM APRV 3 Mayor Gary Haakenson 07/24/2008 04:43 PM APRV 4 Final Approval Sandy Chase 07/25/2008 08:34 AM APRV Form Started By: Debbie Karber  Started On: 07/24/2008 11:30 AM Packet Page 27 of 426 Final Approval Date: 07/25/2008 Packet Page 28 of 426 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 1 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 6 8 2 7 / 2 4 / 2 0 0 8 06 8 4 4 9 3 G I S P O R T S 14 4 1 5 9 TE N N I S B A L L S TE N N I S B A L L S 00 1 . 0 0 0 . 6 4 0 . 5 7 5 . 5 2 0 . 3 1 0 . 0 0 85.50 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 5 . 5 2 0 . 3 1 0 . 0 0 7.69 Total :93.19 10 5 6 8 3 7 / 2 4 / 2 0 0 8 06 5 0 5 2 A A R D P E S T C O N T R O L 2 5 7 9 2 7 1- 1 3 9 9 2 PE S T C O N T R O L 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 1 0 . 2 3 63.25 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 1 0 . 2 3 5.63 Total :68.88 10 5 6 8 4 7 / 2 4 / 2 0 0 8 06 4 2 8 6 A D V A N C E D O O R S Y S T E M S I N C 9 0 5 9 SR C E N T E R - C I R C U I T B O A R D E X C H A N G E D SR C E N T E R - C I R C U I T B O A R D E X C H A N G E D 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 243.75 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 21.69 Total :265.44 10 5 6 8 5 7 / 2 4 / 2 0 0 8 0 7 2 3 5 3 A I R C O M M W I R E L E S S E N T E R P R I S E S 1 9 8 7 4 IN V # 1 9 8 7 4 - E D M O N D S P D BL U E C O N N E C T B L U E T O O T H S Y S T E M 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 434.00 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 1 0 . 0 0 33.85 Total :467.85 10 5 6 8 6 7 / 2 4 / 2 0 0 8 00 0 8 5 0 A L D E R W O O D W A T E R D I S T R I C T 8 5 6 5 MO N T H L Y W H O L E S A L E W A T E R C H A R G E S F O R MO N T H L Y W H O L E S A L E W A T E R C H A R G E S F O R 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 3 0 . 0 0 98,069.74 Total :98,069.74 10 5 6 8 7 7 / 2 4 / 2 0 0 8 06 1 5 4 0 A L L I E D W A S T E S E R V I C E S 0 1 9 7 - 0 0 0 9 8 3 5 0 8 F I R E S T A T I O N # 2 0 FI R E S T A T I O N # 2 0 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 88.44 1 Page: Pa c k e t Pa g e 29 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 2 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 6 8 7 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 1 5 4 0 A L L I E D W A S T E S E R V I C E S PU B L I C W O R K S F A C I L I T Y 01 9 7 - 0 0 0 9 8 3 5 9 9 Pu b l i c W o r k s F a c i l i t y 00 1 . 0 0 0 . 6 5 0 . 5 1 9 . 9 1 0 . 4 7 0 . 0 0 21.31 Pu b l i c W o r k s F a c i l i t y 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 80.96 Pu b l i c W o r k s F a c i l i t y 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 80.96 Pu b l i c W o r k s F a c i l i t y 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 7 0 . 0 0 80.96 Pu b l i c W o r k s F a c i l i t y 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 80.96 Pu b l i c W o r k s F a c i l i t y 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 7 0 . 0 0 80.94 ga r b a g e f o r F / S # 1 6 01 9 7 - 0 0 0 9 8 3 6 7 0 ga r b a g e f o r F / S # 1 6 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 105.74 ga r b a g e f o r M C C 01 9 7 - 0 0 0 9 8 4 4 0 9 ga r b a g e f o r M C C 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 52.61 Total :672.88 10 5 6 8 8 7 / 2 4 / 2 0 0 8 06 8 8 5 7 A M E C E A R T H & E N V I R O N M E N T A L I N C 9 1 8 5 1 6 FA C A S B E S T O S P R O F S V C T H R O U G H - 6 / 2 8 / 0 8 FA C A S B E S T O S P R O F S V C T H R O U G H - 6 / 2 8 / 0 8 11 6 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 1 0 . 0 0 889.03 Total :889.03 10 5 6 8 9 7 / 2 4 / 2 0 0 8 0 6 6 0 2 5 A N D E R S O N , A N G I E AA N D E R S O N 0 7 1 9 MO N I T O R T R A I N I N G PL A Z A R O O M & A N D E R S O N C E N T E R M O N I T O R 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 1 0 0 . 4 1 0 . 0 0 30.00 Total :30.00 10 5 6 9 0 7 / 2 4 / 2 0 0 8 06 9 7 5 1 A R A M A R K 6 5 5 - 3 7 7 4 4 7 1 UN I F O R M S E R V I C E S 2 Page: Pa c k e t Pa g e 30 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 3 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 6 9 0 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 9 7 5 1 A R A M A R K PA R K M A I N T E N A N C E U N I F O R M S E R V I C E S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 2 4 0 . 0 0 34.04 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 2 4 0 . 0 0 3.03 UN I F O R M S E R V I C E S 65 5 - 3 7 8 3 3 8 8 PA R K M A I N T E N A N C E U N I F O R M S E R V I C E S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 2 4 0 . 0 0 34.04 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 2 4 0 . 0 0 3.03 Total :74.14 10 5 6 9 1 7 / 2 4 / 2 0 0 8 06 9 7 5 1 A R A M A R K 6 5 5 - 3 7 8 3 3 8 7 18 3 8 6 0 0 1 UN I F O R M S 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 2 4 0 . 0 0 101.04 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 2 4 0 . 0 0 8.99 Total :110.03 10 5 6 9 2 7 / 2 4 / 2 0 0 8 00 1 8 0 1 A U T O M A T I C W I L B E R T V A U L T C O 0 7 - 4 0 4 2 BU R I A L S U P P L I E S BU R I A L S U P P L I E S : S C H W A R T Z E 13 0 . 0 0 0 . 6 4 0 . 5 3 6 . 2 0 0 . 3 4 0 . 0 0 641.00 BU R I A L S U P P L I E S : F E R O U G E 13 0 . 0 0 0 . 6 4 0 . 5 3 6 . 2 0 0 . 3 4 0 . 0 0 376.00 BU R I A L S U P P L I E S : L E E 13 0 . 0 0 0 . 6 4 0 . 5 3 6 . 2 0 0 . 3 4 0 . 0 0 376.00 Total :1,393.00 10 5 6 9 3 7 / 2 4 / 2 0 0 8 00 1 7 0 2 A W C E M P L O Y B E N E F I T T R U S T A u g u s t 2 0 0 8 AU G U S T 2 0 0 8 A W C P R E M I U M S 3 Page: Pa c k e t Pa g e 31 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 4 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 6 9 3 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 1 7 0 2 A W C E M P L O Y B E N E F I T T R U S T 08 / 0 8 F i r e P e n s i o n A W C P r e m i u m s 61 7 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 3 0 . 0 0 4,372.20 08 / 0 8 R e t i r e e s A W C P r e m i u m s 00 9 . 0 0 0 . 3 9 0 . 5 1 7 . 3 7 0 . 2 3 0 . 0 0 25,172.60 08 / 0 8 G a y d o s A W C P r e m i u m s 00 1 . 0 0 0 . 5 1 0 . 5 2 6 . 1 0 0 . 2 3 0 . 0 0 1,108.13 08 / 0 8 A W C P r e m i u m s 81 1 . 0 0 0 . 0 0 0 . 2 3 1 . 5 1 0 . 0 0 0 . 0 0 278,938.62 Total :309,591.55 10 5 6 9 4 7 / 2 4 / 2 0 0 8 01 2 0 0 5 B A L L A N D G I L L E S P I E P O L Y G R A P H 2 0 0 8 - 5 6 1 IN V # 2 0 0 8 - 5 6 1 - E D M O N D S P D PR E - E M P L O Y M E N T S C R E E N I N G 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 4 1 0 . 0 0 350.00 Fr e i g h t 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 4 1 0 . 0 0 7.00 Total :357.00 10 5 6 9 5 7 / 2 4 / 2 0 0 8 0 7 2 3 1 9 B E A C H C A M P L L C BE A C H C A M P 9 8 3 0 BE A C H C A M P @ S U N S E T B A Y BE A C H C A M P @ S U N S E T B A Y ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 1,200.00 Total :1,200.00 10 5 6 9 6 7 / 2 4 / 2 0 0 8 06 5 2 5 7 B E Y E T T E , P A M BE Y E T T E 0 4 3 0 PR O F E S S I O N A L S E R V I C E S PR O F E S S I O N A L S E R V I C E S ~ 11 7 . 2 0 0 . 6 4 0 . 5 7 5 . 5 0 0 . 4 1 0 . 0 0 2,000.00 Total :2,000.00 10 5 6 9 7 7 / 2 4 / 2 0 0 8 00 2 5 0 0 B L U M E N T H A L U N I F O R M C O I N C 6 7 2 7 9 0 - 0 1 IN V # 6 7 2 7 9 0 - 0 1 - L A W L E S S / E D M O N D S P D HO L S T E R / L A W L E S S 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 2 4 0 . 0 0 44.95 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 2 4 0 . 0 0 4.05 4 Page: Pa c k e t Pa g e 32 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 5 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 6 9 7 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 2 5 0 0 B L U M E N T H A L U N I F O R M C O I N C IN V # 6 7 4 7 4 7 - S A C K V I L L E / E D M O N D S P D 67 4 7 4 7 BA L L I S T I C V E S T / J . S A C K V I L L E 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 2 4 0 . 0 0 699.00 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 2 4 0 . 0 0 62.91 IN V # 6 7 9 0 9 4 - E Q U I P M E N T / E D M O N D S P D 67 9 0 9 4 SL - 2 0 X - L E D A C F L A S H L I G H T S 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 107.96 LA M P M O D U L E F O R S L 2 0 X - L E D 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 16.95 UL T R A S T I N G E R / 2 0 X P - L E D B A T T E R Y 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 24.95 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 13.49 IN V # 6 8 4 2 9 5 - Y A M A N E / E D M O N D S P D 68 4 2 9 5 BO O T S / Y A M A N E 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 2 4 0 . 0 0 156.00 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 2 4 0 . 0 0 14.04 IN V # 6 8 5 0 9 2 - A . G R E E N M U N / E D M O N D S P D 68 5 0 9 2 UN I F O R M P A N T S / T U R T L E N E C K , E T C . ( O F F I C E R 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 2 4 0 . 0 0 245.90 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 2 4 0 . 0 0 22.13 Total :1,412.33 10 5 6 9 8 7 / 2 4 / 2 0 0 8 07 2 3 5 5 B R E Z N E N , A L Y S S A BR E Z N E N 0 6 2 3 OU T D O O R V O L L E Y B A L L A T T E N D A N T OU T D O O R V O L L E Y B A L L A T T E N D A N T ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 5 . 5 2 0 . 4 1 0 . 0 0 108.00 Total :108.00 10 5 6 9 9 7 / 2 4 / 2 0 0 8 0 7 2 3 5 6 B R I N S C H W I T Z , J A N I C E BR I N S C H W I T Z 0 7 2 2 RE F U N D CL A S S R E F U N D 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 33.00 5 Page: Pa c k e t Pa g e 33 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 6 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount (C o n t i n u e d ) Total :33.00 10 5 6 9 9 7 / 2 4 / 2 0 0 8 0 7 2 3 5 6 0 7 2 3 5 6 B R I N S C H W I T Z , J A N I C E 10 5 7 0 0 7 / 2 4 / 2 0 0 8 0 6 1 9 6 6 C A M P F I R E B O Y S & G I R L S CA M P F I R E 9 5 0 3 BA B Y S I T T I N G C L A S S E S BA B Y S I T T I N G B A S I C S # 9 5 0 3 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 420.00 Total :420.00 10 5 7 0 1 7 / 2 4 / 2 0 0 8 07 2 3 4 8 C A R N E Y , C R A I G & J U L I E 3- 0 6 5 6 5 RE : 1 - 0 8 0 6 - 0 2 4 U T I L I T Y R E F U N D #1 - 0 8 0 6 - 0 2 4 R e f u n d U B C s t # 0 0 1 9 7 3 9 8 41 1 . 0 0 0 . 0 0 0 . 2 3 3 . 0 0 0 . 0 0 0 . 0 0 57.62 Total :57.62 10 5 7 0 2 7 / 2 4 / 2 0 0 8 00 3 5 1 0 C E N T R A L W E L D I N G S U P P L Y LY 1 3 3 4 3 2 W A T E R - C A R B O N D I O X I D E F E E S W A T E R - C A R B O N D I O X I D E F E E S 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 41.18 Sa l e s T a x 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 3.67 Total :44.85 10 5 7 0 3 7 / 2 4 / 2 0 0 8 06 4 8 4 0 C H A P U T , K A R E N E CH A P U T 9 4 6 8 FR I D A Y N I G H T O U T FR I D A Y N I G H T O U T # 9 4 6 8 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 90.30 Total :90.30 10 5 7 0 4 7 / 2 4 / 2 0 0 8 07 2 3 5 1 C H I L D R E N ' S T E C H N O L O G Y W O R K S H O P CH I L D T E C H 9 4 3 9 W O R K S H O P S CH I L D R E N ' S T E C H N O L O G Y W O R K S H O P # 9 4 4 0 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 2,080.00 W O R K S H O P # 9 4 3 9 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 1,664.00 Total :3,744.00 10 5 7 0 5 7 / 2 4 / 2 0 0 8 06 6 3 8 2 C I N T A S C O R P O R A T I O N 46 0 1 9 3 1 1 4 UN I F O R M S Vo l u n t e e r s 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 4 1 0 . 2 4 0 . 0 0 20.00 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 4 1 0 . 2 4 0 . 0 0 1.78 6 Page: Pa c k e t Pa g e 34 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 7 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 0 5 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 6 3 8 2 C I N T A S C O R P O R A T I O N OP S U N I F O R M S 46 0 1 9 3 1 1 5 St n . 1 6 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 105.58 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 9.39 UN I F O R M S 46 0 1 9 4 2 3 1 St n . 1 7 - A L S 00 1 . 0 0 0 . 5 1 0 . 5 2 6 . 1 0 0 . 2 4 0 . 0 0 111.29 St n . 1 7 - O P S 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 111.30 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 6 . 1 0 0 . 2 4 0 . 0 0 9.91 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 9.90 OP S U N I F O R M S 46 0 1 9 4 2 5 2 St n . 2 0 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 134.69 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 11.98 UN I F O R M S 46 0 1 9 8 4 0 7 Vo l u n t e e r s 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 4 1 0 . 2 4 0 . 0 0 20.00 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 4 1 0 . 2 4 0 . 0 0 1.78 OP S U N I F O R M S 46 0 1 9 8 4 0 8 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 9.39 St n . 1 6 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 105.58 7 Page: Pa c k e t Pa g e 35 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 8 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 0 5 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 6 3 8 2 C I N T A S C O R P O R A T I O N UN I F O R M S 46 0 1 9 9 5 3 4 St n 1 7 - A L S 00 1 . 0 0 0 . 5 1 0 . 5 2 6 . 1 0 0 . 2 4 0 . 0 0 112.27 St n 1 7 - O P S 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 112.27 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 6 . 1 0 0 . 2 4 0 . 0 0 10.00 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 9.99 OP S U N I F O R M S 46 0 1 9 9 5 5 9 St n . 2 0 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 134.69 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 11.98 Total :1,053.77 10 5 7 0 6 7 / 2 4 / 2 0 0 8 06 6 0 7 0 C I T T E C H N O L O G Y F I N S E R V I N C 1 1 8 6 1 4 5 8 CO P I E R L E A S E P W co p i e r l e a s e f o r P W 00 1 . 0 0 0 . 6 5 0 . 5 1 9 . 9 1 0 . 4 5 0 . 0 0 538.36 Total :538.36 10 5 7 0 7 7 / 2 4 / 2 0 0 8 0 1 9 2 1 5 C I T Y O F L Y N N W O O D 62 6 5 IN V # 6 2 6 5 - C U S T # 4 7 - E D M O N D S P D R& B F O R M A R C H 2 0 0 8 00 1 . 0 0 0 . 4 1 0 . 5 2 3 . 6 0 0 . 5 1 0 . 0 0 9,602.79 IN V # 6 2 7 2 - C U S T # 4 7 - E D M O N D S P D 62 7 2 R& B F O R A P R I L 2 0 0 8 00 1 . 0 0 0 . 4 1 0 . 5 2 3 . 6 0 0 . 5 1 0 . 0 0 9,876.33 IN V # 6 2 8 0 - C U S T # 4 7 - E D M O N D S P D 62 8 0 R& B F O R M A Y 2 0 0 8 00 1 . 0 0 0 . 4 1 0 . 5 2 3 . 6 0 0 . 5 1 0 . 0 0 5,256.67 IN V # 6 2 8 8 - C U S T # 4 7 - E D M O N D S P D 62 8 8 R& B F O R J U N E 2 0 0 8 00 1 . 0 0 0 . 4 1 0 . 5 2 3 . 6 0 0 . 5 1 0 . 0 0 4,454.25 8 Page: Pa c k e t Pa g e 36 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 9 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 0 7 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 01 9 2 1 5 C I T Y O F L Y N N W O O D IN V # 6 2 9 5 - C U S T # 4 7 - E D M O N D S P D 62 9 5 20 0 8 A N N U A L T R A N S P O R T S E R V I C E S 00 1 . 0 0 0 . 4 1 0 . 5 2 3 . 6 0 0 . 5 1 0 . 0 0 14,449.66 IN V # 6 3 0 6 - C U S T # 4 7 - E D M O N D S P D 63 0 6 AP R I L , M A Y , & J U N E ( N A R C S G T S A L A R Y ) ~ 10 4 . 0 0 0 . 4 1 0 . 5 2 1 . 2 1 0 . 5 1 0 . 0 0 10,150.34 IN V # 6 3 0 8 - C U S T # 4 5 - E D M O N D S P D 63 0 8 MA Y 2 0 0 8 / N E X T E L S E R V I C E ~ 10 4 . 0 0 0 . 4 1 0 . 5 2 1 . 2 1 0 . 4 2 0 . 0 0 53.04 IN V # 6 3 1 0 - C U S T # 4 5 - E D M O N D S P D 63 1 0 JU N E 2 0 0 8 / N E X T E L S E R V I C E ~ 10 4 . 0 0 0 . 4 1 0 . 5 2 1 . 2 1 0 . 4 2 0 . 0 0 53.04 Total :53,896.12 10 5 7 0 8 7 / 2 4 / 2 0 0 8 03 5 1 6 0 C I T Y O F S E A T T L E 10 0 1 1 1 1- 2 1 8 3 5 9 - 2 7 9 8 3 2 22 0 3 N 2 0 5 T H 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 7 1 . 6 2 14.03 Total :14.03 10 5 7 0 9 7 / 2 4 / 2 0 0 8 0 0 4 0 9 5 C O A S T W I D E L A B O R A T O R I E S W 1 9 4 9 5 4 0 CL E A N I N G S U P P L I E S BR E A K U P C L E A N E R , ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 264.57 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 23.55 SU P P L I E S W 1 9 5 1 3 1 0 PA P E R T O W E L S , T O I L E T T I S S U E , E T C . 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 479.04 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 42.63 Total :809.79 10 5 7 1 0 7 / 2 4 / 2 0 0 8 00 4 0 9 5 C O A S T W I D E L A B O R A T O R I E S W 1 9 4 8 7 5 1 FA C M A I N T - S A N I T I Z E R S , T T , K I T R L 9 Page: Pa c k e t Pa g e 37 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 10 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 1 0 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 4 0 9 5 C O A S T W I D E L A B O R A T O R I E S FA C M A I N T - S A N I T I Z E R S , T T , K I T R L 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 796.87 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 70.92 FA C - N O T O U C H T O W E L S W 1 9 5 1 1 7 2 FA C - N O T O U C H T O W E L S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 292.32 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 26.02 Total :1,186.13 10 5 7 1 1 7 / 2 4 / 2 0 0 8 07 0 3 0 0 C O D E 4 I N C 56 2 0 IN V # 5 6 2 0 / K I N N E Y , M C I N T Y R E , M I L L E R , S M I T H RE G / K I N N E Y , M C I N T Y R E , M I L L E R , ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 376.00 Total :376.00 10 5 7 1 2 7 / 2 4 / 2 0 0 8 0 6 9 8 9 2 C O L U M B I A F O R D I N C 3- 8 2 4 5 9 UN I T E Q 0 5 P O - R E P L A C E S U N I T 2 3 6 - N E W UN I T E Q 0 5 P O - R E P L A C E S U N I T 2 3 6 - N E W 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 23,869.00 Sa l e s T a x 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 1,909.52 UN I T E Q 0 4 P O - R E P L A C E S U N I T 2 3 9 - N E W 3- 8 2 4 6 0 UN I T E Q 0 4 P O - R E P L A C E S U N I T 2 3 9 - N E W 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 23,869.00 Sa l e s T a x 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 1,909.52 UN I T E Q 0 7 P O - R E P L A C E S U N I T 2 3 7 - N E W 3- 8 2 4 6 1 UN I T E Q 0 7 P O - R E P L A C E S U N I T 2 3 7 - N E W 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 23,869.00 Sa l e s T a x 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 1,909.52 Total :77,335.56 10 5 7 1 3 7 / 2 4 / 2 0 0 8 06 9 9 8 3 C O M M E R C I A L C A R D S O L U T I O N S 0 6 3 0 0 8 EX P R E S S M A I L I N T E R P R E T E R R E F U N D F O R M S 10 Page: Pa c k e t Pa g e 38 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 11 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 1 3 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 9 9 8 3 C O M M E R C I A L C A R D S O L U T I O N S EX P R E S S M A I L I N T E R P R E T E R R E F U N D F O R M S 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 4 1 0 . 0 1 12.60 Total :12.60 10 5 7 1 4 7 / 2 4 / 2 0 0 8 06 9 9 8 3 C O M M E R C I A L C A R D S O L U T I O N S 4 9 0 6 3 7 1 8 St r e e t / S W M a i n t e n a n c e W o r k e r , # 0 8 - 3 2 a d St r e e t / S W M a i n t e n a n c e W o r k e r , # 0 8 - 3 2 a d 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 1 0 0 . 4 4 0 . 0 0 25.00 St r e e t / S t o r m M a i n t . L a b o r e r , # 0 8 - 3 7 a d 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 1 0 0 . 4 4 0 . 0 0 25.00 W a t e r / S e w e r M a i n t . L a b o r e r , # 0 8 - 3 8 a d 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 1 0 0 . 4 4 0 . 0 0 25.00 He l p d e s k I n t e r , # 0 8 - 3 9 a d 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 1 0 0 . 4 4 0 . 0 0 25.00 Total :100.00 10 5 7 1 5 7 / 2 4 / 2 0 0 8 06 9 9 8 3 C O M M E R C I A L C A R D S O L U T I O N S 2 2 7 6 AC C T # 2 2 7 6 - G A N N O N CA M E R A R E P A I R S H I P P I N G 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 1 0 . 0 0 135.64 AC C T # 3 2 6 3 - O ' B R I E N 32 6 3 SU P P L I E S / B A T T E R I E S , C U P S , K L E E N E X , 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 3 1 0 . 0 0 609.44 PA T R O L S W A T V E S T , S T R O B E L I G H T , A N D 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 1 0 . 0 0 2,365.19 AC C T # 4 6 8 5 - C O M P A A N 46 8 5 DA R E E S S A Y W I N N E R S / L U N C H E O N 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 3 1 0 . 3 1 0 . 0 0 132.93 SH U T T L E P A R K I N G / C O M P A A N 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 3 0 . 0 0 28.28 LO D G I N G / A . C O M P A A N ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 3 0 . 0 0 148.20 AC C T # 8 2 7 2 - E D M O N D S 82 7 2 FE D E X T O T O Y O T A M O T O R S A L E S 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 3 1 0 . 0 0 18.05 KE Y S M A D E 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 1 0 . 0 0 12.25 11 Page: Pa c k e t Pa g e 39 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 12 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 1 5 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 9 9 8 3 C O M M E R C I A L C A R D S O L U T I O N S AC C T # 8 2 9 8 - B A R D 82 9 8 RE G I S T R A T I O N / G R E E N M U N ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 129.00 ST O R A G E B O X 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 3 5 0 . 0 0 65.38 ST O R A G E T O O L B O X 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 3 5 0 . 0 0 65.38 KN E E P A D S / S H O O T 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 1 0 . 0 0 78.30 AC C T # 9 8 2 1 - E D M O N D S 98 2 1 OR A L B O A R D / L U N C H E S 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 3 1 0 . 0 0 59.19 FE R R Y C O S T S / L . M A N D E V I L L E ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 3 0 . 0 0 28.90 FU E L / P O L I C E V E H I C L E ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 3 0 . 0 0 44.75 Total :3,920.88 10 5 7 1 6 7 / 2 4 / 2 0 0 8 0 6 9 9 8 3 C O M M E R C I A L C A R D S O L U T I O N S 3 5 2 7 DO R S E A I R P R O D - P S - M O T O R DO R S E A I R P R O D - P S - M O T O R 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 149.68 DO R S E A I R P R O D - P S - M O T O R 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 129.60 RE L I A B L E P A R T S - F S 1 6 - I N S T A N T A N E O U S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 59.55 AO P T E C H - P W - R E P A I R K I T 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 49.57 OF F I C E M A X - W A T E R D E P T - D I G I T A L 59 8 8 OF F I C E M A X - W A T E R D E P T - D I G I T A L 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 164.53 GU A R D I A N S E C U R I T Y - O L D P W 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 2 0 . 0 0 55.00 NA T I O N A L N O T A R Y - R E F U N D M I N U S S H I P P I N G 59 8 8 NA T I O N A L N O T A R Y - R E F U N D M I N U S S H I P P I N G 00 1 . 0 0 0 . 6 5 0 . 5 1 9 . 9 1 0 . 4 9 0 . 0 0 -136.73 12 Page: Pa c k e t Pa g e 40 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 13 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 1 6 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 9 9 8 3 C O M M E R C I A L C A R D S O L U T I O N S UN I T 9 9 - M A G I C T O Y O T A - R A D I A T O R E M B L E M 75 7 7 UN I T 9 9 - M A G I C T O Y O T A - R A D I A T O R E M B L E M 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 23.41 UN I T M - 1 6 - S U P P L I E S 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 16.30 SH O P - M A S C O T T E Q U I P - F U E L T A N K C A P S 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 1 . 0 0 60.29 UN I T M - 1 6 - F I S H E R I E S S U P P L I E S - S U P P L I E S 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 26.92 UN I T M - 1 6 - R A D I O S H A C K - L E D ' S 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 15.19 UN I T M - 1 6 - H O M E D E P O T - A D A P T E R 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 10.08 UN I T M - 1 6 - H O M E D E P O T - A D A P T E R S , 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 11.35 UN I T M - 1 6 - A U R O R A P L U M B I N G - S U P P L I E S 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 20.66 UN I T M - 1 6 - R A D I O S H A C K - C O N N E C T O R S 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 6.82 UN I T M - 1 6 - F I S H E R I E S S U P P L Y - P L U G 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 14.99 UN I T M - 1 6 - L O W E S - P I P E 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 10.87 UN I T M - 1 6 - I S L A N D M A R I N E C E N T E R - 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 80.39 UN I T E Q 4 6 P O - R A D I O S H A C K 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 8.70 UN I T E Q 4 6 P O - F I S H E R I E S S U P P L Y - H E A T E R 51 1 . 1 0 0 . 6 5 7 . 5 9 4 . 4 8 0 . 6 4 0 . 0 0 141.43 UN I T 3 0 4 - H O M E D E P O T - S T E E L B O X , 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 21.84 UN I T 3 0 4 - H O M E D E P O T - H A N G E R S T R A P 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 12.98 Total :953.42 13 Page: Pa c k e t Pa g e 41 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 14 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 1 7 7 / 2 4 / 2 0 0 8 06 9 1 5 7 C O O K , C Y N D I CO O K 9 8 2 5 HU L A C L A S S E S AD U L T H U L A # 9 8 2 5 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 1,078.00 Total :1,078.00 10 5 7 1 8 7 / 2 4 / 2 0 0 8 07 2 3 6 4 C O O P E R , K E N N E T H C O O P E R 0 7 0 2 RE F U N D RE F U N D D U E T O I N S U F F I C I E N T R E G I S T R A T I O N 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 41.00 Total :41.00 10 5 7 1 9 7 / 2 4 / 2 0 0 8 06 8 8 1 5 C O R R E C T E Q U I P M E N T 98 4 1 CU T T E R W H E E L CU T T E R W H E E L 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 161.20 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 14.51 Total :175.71 10 5 7 2 0 7 / 2 4 / 2 0 0 8 06 8 8 1 5 C O R R E C T E Q U I P M E N T 98 2 3 SE W E R - E - 1 P A R T S SE W E R - E - 1 P A R T S 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 8 0 . 0 0 501.81 Sa l e s T a x 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 8 0 . 0 0 45.16 Total :546.97 10 5 7 2 1 7 / 2 4 / 2 0 0 8 06 5 6 8 3 C O R R Y ' S F I N E D R Y C L E A N I N G 5 1 0 - 0 1 2 8 OP S U N I F O R M S He p l e r 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 2.94 OP S U N I F O R M S 51 0 - 0 4 1 8 Ba t t C h i e f s 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 70.63 PR E V U N I F O R M S 51 0 - 1 5 2 4 Fi r e M a r s h a l 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 3 0 0 . 2 4 0 . 0 0 32.39 OP S U N I F O R M S 51 0 - 1 5 3 9 BC W h i t e 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 17.66 14 Page: Pa c k e t Pa g e 42 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 15 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 2 1 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 5 6 8 3 C O R R Y ' S F I N E D R Y C L E A N I N G AD M I N U N I F O R M S 51 0 - 1 8 8 4 FC 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 1 0 0 . 2 4 0 . 0 0 26.49 OP S U N I F O R M S 51 0 - 2 3 4 1 AC 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 4 0 . 0 0 26.48 Total :176.59 10 5 7 2 2 7 / 2 4 / 2 0 0 8 06 8 1 6 1 C O S C O F I R E P R O T E C T I O N I N C 1 0 0 0 0 5 9 9 8 9 FA C - A L A R M T R O U B L E S H O O T I N G F E E S FA C - A L A R M T R O U B L E S H O O T I N G F E E S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 280.00 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 24.92 Total :304.92 10 5 7 2 3 7 / 2 4 / 2 0 0 8 0 6 9 2 2 5 C O S T C O M E M B E R S H I P 77 4 0 5 0 1 1 8 OP E R A T I O N S M I S C Me m b r s h i p r e n e w a l 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 4 9 0 . 0 0 50.00 Total :50.00 10 5 7 2 4 7 / 2 4 / 2 0 0 8 06 9 8 4 8 C R A M , K A T H E R I N E CR A M 9 4 0 2 IR I S H D A N C E C L A S S E S IR I S H D A N C E F O R K I D S # 9 4 0 2 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 23.80 IR I S H D A N C E 1 3 + # 9 4 0 6 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 84.00 IR I S H D A N C E F O R K I D S # 9 4 1 0 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 71.40 IR I S H D A N C E F O R K I D S # 9 4 1 2 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 168.00 Total :347.20 10 5 7 2 5 7 / 2 4 / 2 0 0 8 00 5 9 6 5 C U E S I N C 29 0 5 2 3 SE W E R T R U C K C A M E R A R E T U R N S H I P P I N G F E E S 15 Page: Pa c k e t Pa g e 43 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 16 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 2 5 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 5 9 6 5 C U E S I N C SE W E R T R U C K C A M E R A R E T U R N S H I P P I N G F E E S 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 3 1 0 . 0 0 184.04 Sa l e s T a x 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 3 1 0 . 0 0 16.38 Total :200.42 10 5 7 2 6 7 / 2 4 / 2 0 0 8 06 8 1 9 0 D A T E C I N C 26 7 6 2 IN V # 2 6 7 6 2 - E D M O N D S P O L I C E PA N A S O N I C L A P T O P ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 3,670.00 1/ Y E A R E X T E N D E D W A R R A N T Y 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 280.00 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 3 5 0 . 0 0 355.50 Total :4,305.50 10 5 7 2 7 7 / 2 4 / 2 0 0 8 07 2 3 5 2 D E A D W O O D R E V I V A L D E A D W O O D 0 7 2 7 PA R K C O N C E R T PA R K C O N C E R T 11 7 . 1 0 0 . 6 4 0 . 5 7 3 . 1 0 0 . 4 1 0 . 0 0 150.00 PA R K C O N C E R T 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 350.00 Total :500.00 10 5 7 2 8 7 / 2 4 / 2 0 0 8 06 4 5 3 1 D I N E S , J E A N N I E 08 - 2 8 9 8 MI N U T E T A K I N G 7/ 1 5 C o u n c i l M i n u t e s 00 1 . 0 0 0 . 2 5 0 . 5 1 4 . 3 0 0 . 4 1 0 . 0 0 516.00 Total :516.00 10 5 7 2 9 7 / 2 4 / 2 0 0 8 06 8 2 9 2 E D G E A N A L Y T I C A L 08 - 0 7 7 7 4 W A T E R Q U A L I T Y L A B S A M P L E S W A T E R Q U A L I T Y L A B S A M P L E S 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 1 0 . 0 0 1,768.00 Total :1,768.00 10 5 7 3 0 7 / 2 4 / 2 0 0 8 00 7 6 7 5 E D M O N D S A U T O P A R T S 96 8 5 5 20 0 0 16 Page: Pa c k e t Pa g e 44 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 17 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 3 0 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 7 6 7 5 E D M O N D S A U T O P A R T S BA T T E R Y 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 2 107.88 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 2 9.60 20 0 0 97 1 9 2 BA T T E R Y C O R E C R E D I T 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 2 -10.89 Total :106.59 10 5 7 3 1 7 / 2 4 / 2 0 0 8 07 0 6 8 3 E D M O N D S M A I L & P A R C E L 14 7 1 5 UP S / A S H L A N D / M A N N I N G E N G R . UP S / A S H L A N D / M A N N I N G E N G R . 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 2 0 . 0 0 42.04 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 2 0 . 0 0 3.74 UP S / M A N N I N G E N G R . 14 7 1 6 UP S / M A N N I N G E N G R . 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 2 0 . 0 0 94.28 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 2 0 . 0 0 8.39 Total :148.45 10 5 7 3 2 7 / 2 4 / 2 0 0 8 0 6 9 5 2 3 E D M O N D S P & R Y O U T H S C H O L A R S H I P H U G H 0 7 1 0 YO U T H S C H O L A R S H I P S YO U T H S C H O L A R S H I P : ~ 12 2 . 0 0 0 . 6 4 0 . 5 7 4 . 1 0 0 . 4 9 0 . 0 0 75.00 YO U T H S C H O L A R S H I P : J O S H L A M U S G A 12 2 . 0 0 0 . 6 4 0 . 5 7 4 . 1 0 0 . 4 9 0 . 0 0 150.00 YO U T H S C H O L A R S H I P S NO R W O O D 0 6 2 6 YO U T H S C H O L A R S H I P : ~ 12 2 . 0 0 0 . 6 4 0 . 5 7 4 . 1 0 0 . 4 9 0 . 0 0 132.00 Total :357.00 10 5 7 3 3 7 / 2 4 / 2 0 0 8 06 6 9 8 7 E D M O N D S P O L I C E F O U N D A T I O N 0 8 - 1 0 4 IN V # 0 8 - 1 0 4 - E D M O N D S P O L I C E D E P T . ED M O N D S N I G H T O U T / B U D G E T 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 3 0 0 . 4 1 0 . 0 0 2,000.00 Total :2,000.00 17 Page: Pa c k e t Pa g e 45 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 18 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 3 4 7 / 2 4 / 2 0 0 8 00 8 7 0 5 E D M O N D S W A T E R D I V I S I O N 3- 3 8 5 6 5 W A T E R 18 4 1 0 9 2 N D A V E W 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 21.25 CI T Y M A R I N A B E A C H P A R K 6- 0 0 0 2 5 CI T Y M A R I N A B E A C H P A R K 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 247.75 CI T Y F I S H I N G D O C K & R E S T R O O M 6- 0 0 2 0 0 CI T Y F I S H I N G D O C K & R E S T R O O M 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 503.32 BR A C K E T T ' S L A N D I N G S O U T H 6- 0 0 4 1 0 BR A C K E T T ' S L A N D I N G S O U T H 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 225.54 MI N I P A R K 6- 0 0 4 7 5 MI N I P A R K 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 600.39 CI T Y P A R K B A L L F I E L D 6- 0 1 2 5 0 CI T Y P A R K B A L L F I E L D 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 260.56 CI T Y P A R K P A R K I N G L O T 6- 0 1 2 7 5 CI T Y P A R K P A R K I N G L O T 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 808.25 PI N E S T R E E T P L A Y F I E L D 6- 0 2 1 2 5 PI N E S T R E E T P L A Y F I E L D 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 184.07 AN D E R S O N C U L T U R A L C E N T E R ( S P R I N K L E R ) 6- 0 2 9 0 0 AN D E R S O N C U L T U R A L C E N T E R ( S P R I N K L E R ) 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 670.78 CI V I C C E N T E R P A R K I N G L O T S P R I N K L E R 6- 0 3 0 0 0 CI V I C C E N T E R P A R K I N G L O T S P R I N K L E R 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 237.49 HU M M I N G B I R D H I L L P A R K 6- 0 3 2 7 5 HU M M I N G B I R D H I L L P A R K 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 80.02 CI T Y M A P L E W O O D P A R K 6- 0 3 5 7 5 CI T Y M A P L E W O O D P A R K 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 148.82 18 Page: Pa c k e t Pa g e 46 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 19 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 3 4 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 8 7 0 5 E D M O N D S W A T E R D I V I S I O N SE A V I E W P A R K S P R I N K L E R 6- 0 4 4 0 0 SE A V I E W P A R K S P R I N K L E R 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 320.72 W A T E R 6- 0 4 4 2 5 81 0 0 1 8 5 T H P L S W 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 276.97 SI E R R A P A R K 6- 0 4 4 5 0 SI E R R A P A R K 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 315.49 BA L L I N G E R P A R K 6- 0 7 7 7 5 BA L L I N G E R P A R K 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 155.81 YO S T P A R K S P R I N K L E R 6- 0 8 5 0 0 YO S T P A R K S P R I N K L E R 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 606.71 YO S T P A R K P O O L 6- 0 8 5 2 5 YO S T P A R K P O O L 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 1,864.83 Total :7,528.77 10 5 7 3 5 7 / 2 4 / 2 0 0 8 0 0 8 7 0 5 E D M O N D S W A T E R D I V I S I O N 6- 0 1 1 2 7 W W T P W A T E R W W T P W A T E R 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 7 3 . 6 4 105.54 W W T P W A T E R 6- 0 1 1 3 0 W W T P W A T E R 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 7 3 . 6 4 22.89 W W T P W A T E R 6- 0 1 1 4 0 W W T P W A T E R 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 7 3 . 6 4 840.35 Total :968.78 10 5 7 3 6 7 / 2 4 / 2 0 0 8 00 8 7 0 5 E D M O N D S W A T E R D I V I S I O N 6- 0 2 7 3 5 PU B L I C S A F E T Y C O M P L E X - P O L I C E / C R T PU B L I C S A F E T Y C O M P L E X - P O L I C E / C R T 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 1,023.37 19 Page: Pa c k e t Pa g e 47 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 20 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 3 6 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 8 7 0 5 E D M O N D S W A T E R D I V I S I O N PU B L I C S A F E T Y C O M P L E X - F I R E L I N E 6- 0 2 7 3 6 PU B L I C S A F E T Y C O M P L E X - F I R E L I N E 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 13.08 PU B L I C S A F E T Y C O M P L E X - F I R E 6- 0 2 7 3 7 PU B L I C S A F E T Y C O M P L E X - F I R E 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 165.06 PU B L I C S A F E T Y I R R I G A T I O N 6- 0 2 7 3 8 PU B L I C S A F E T Y I R R I G A T I O N 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 236.86 LI B R A R Y & S P R I N K L E R 6- 0 2 8 2 5 LI B R A R Y & S P R I N K L E R 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 2,048.50 AN D E R S O N C U L T U R A L C E N T E R ( F I R 6- 0 2 8 7 5 AN D E R S O N C U L T U R A L C E N T E R ( F I R 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 22.89 AN D E R S O N C U L T U R A L C E N T E R 6- 0 2 9 2 5 AN D E R S O N C U L T U R A L C E N T E R 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 1,271.14 Fi r e S t a t i o n # 1 6 6- 0 4 1 2 7 Fi r e S t a t i o n # 1 6 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 459.98 fi r e s p r i n k l e r - F S # 1 6 6- 0 4 1 2 8 fi r e s p r i n k l e r - F S # 1 6 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 13.08 20 Page: Pa c k e t Pa g e 48 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 21 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 3 6 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 00 8 7 0 5 E D M O N D S W A T E R D I V I S I O N Pu b l i c W o r k s B l d g 6- 0 5 1 5 5 Pu b l i c W o r k s B l d g 00 1 . 0 0 0 . 6 5 0 . 5 1 9 . 9 1 0 . 4 7 0 . 0 0 92.91 Pu b l i c W o r k s B l d g 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 353.07 Pu b l i c W o r k s B l d g 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 7 0 . 0 0 353.07 Pu b l i c W o r k s B l d g 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 353.07 Pu b l i c W o r k s B l d g 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 7 0 . 0 0 353.07 Pu b l i c W o r k s B l d g 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 353.06 Pu b l i c W o r k s F i r e D e t e c t o r 6- 0 5 1 5 6 Pu b l i c W o r k s F i r e D e t e c t o r 00 1 . 0 0 0 . 6 5 0 . 5 1 9 . 9 1 0 . 4 7 0 . 0 0 1.63 Pu b l i c W o r k s F i r e D e t e c t o r 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 6.21 Pu b l i c W o r k s F i r e D e t e c t o r 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 6.21 Pu b l i c W o r k s F i r e D e t e c t o r 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 7 0 . 0 0 6.21 Pu b l i c W o r k s F i r e D e t e c t o r 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 6.21 Pu b l i c W o r k s F i r e D e t e c t o r 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 7 0 . 0 0 6.19 Total :7,144.87 10 5 7 3 7 7 / 2 4 / 2 0 0 8 06 6 2 2 0 E D W A R D S , C A R O L I N E ED W A R D S 9 4 9 9 SP A N I S H C L A S S E S BE G I N N I N G S P A N I S H F O R K I D S ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 184.80 Total :184.80 10 5 7 3 8 7 / 2 4 / 2 0 0 8 0 6 9 9 2 4 E I M C O W A T E R T E C H N O L O G I E S 8 4 4 8 7 9 0 18 5 1 8 5 5 1 0 4 21 Page: Pa c k e t Pa g e 49 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 22 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 3 8 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 9 9 2 4 E I M C O W A T E R T E C H N O L O G I E S W I P E R / S I D E / B O T T O M N E O P R E N E 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 924.00 Fr e i g h t 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 85.46 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 86.59 Total :1,096.05 10 5 7 3 9 7 / 2 4 / 2 0 0 8 0 0 8 8 1 2 E L E C T R O N I C B U S I N E S S M A C H I N E S 0 3 5 7 1 5 CO P I E R M A I N T CO P I E R M A I N T 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 4 8 0 . 0 0 34.00 Total :34.00 10 5 7 4 0 7 / 2 4 / 2 0 0 8 07 1 8 5 9 E V I S T O N , S U Z A N N E P J U N E 2 0 0 8 JU N E 2 0 0 8 B O A R D I N G O F P O L I C E K 9 R O C K Y ~ BO A R D I N G O F P O L I C E K 9 R O C K Y ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 6 0 . 4 1 0 . 0 0 174.00 Total :174.00 10 5 7 4 1 7 / 2 4 / 2 0 0 8 06 6 3 7 8 F A S T E N A L C O M P A N Y W A M O U 1 3 5 6 9 SU P P L I E S EA R P L U G S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 27.30 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 2.43 Total :29.73 10 5 7 4 2 7 / 2 4 / 2 0 0 8 06 6 3 7 8 F A S T E N A L C O M P A N Y W A M O U 1 3 4 3 8 W A T E R - H O L E S A W W A T E R - H O L E S A W 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 48.87 Sa l e s T a x 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 4.35 Total :53.22 10 5 7 4 3 7 / 2 4 / 2 0 0 8 06 9 3 8 0 F B I N A A W A S H I N G T O N C H A P T E R G . G A N N O N RE G / G . G A N N O N - E D M O N D S P D RE G I S T R A T I O N / G . G A N N O N ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 150.00 22 Page: Pa c k e t Pa g e 50 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 23 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount (C o n t i n u e d ) Total :150.00 10 5 7 4 3 7 / 2 4 / 2 0 0 8 0 6 9 3 8 0 0 6 9 3 8 0 F B I N A A W A S H I N G T O N C H A P T E R 10 5 7 4 4 7 / 2 4 / 2 0 0 8 0 6 7 0 4 2 F I N A L T O U C H F I N I S H I N G KI N G 9 5 0 5 ET I Q U E T T E C L A S S E S YO U N G L A D I E S & G E N T L E M E N ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 275.00 Total :275.00 10 5 7 4 5 7 / 2 4 / 2 0 0 8 06 6 7 4 6 F I R E H O U S E M A G A Z I N E 18 8 4 AD M I N M I S C su b s c r i p t i o n r e n e w a l 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 1 0 0 . 4 9 0 . 0 0 29.95 Total :29.95 10 5 7 4 6 7 / 2 4 / 2 0 0 8 07 2 3 3 6 F L E T C PO 8 1 4 4 0 0 0 2 8 BI L L # P 0 8 1 4 4 0 0 0 2 8 - H O N N E N / E D M O N D S P D RE G I S T R A T I O N / D . H O N N E N ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 707.11 Total :707.11 10 5 7 4 7 7 / 2 4 / 2 0 0 8 07 0 8 5 5 F L E X P L A N S E R V I C E S I N C 14 1 8 20 0 7 B a l a n c e d u e f r o m S e c t i o n 1 2 5 20 0 7 B a l a n c e d u e f r o m S e c t i o n 1 2 5 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 1 0 0 . 4 1 0 . 0 0 0.05 Se c t i o n 1 2 5 F o r f e i t u r e - 2 0 0 7 - f o r 7/ 9 / 0 8 Se c t i o n 1 2 5 F o r f e i t u r e - 2 0 0 7 - f o r 81 1 . 0 0 0 . 0 0 0 . 2 3 1 . 5 9 0 . 0 0 0 . 0 0 167.53 20 0 7 S e c t i o n 1 2 5 F o r f e i t u r e - C u r t 7/ 9 / 0 8 20 0 7 S e c t i o n 1 2 5 F o r f e i t u r e - C u r t 81 1 . 0 0 0 . 0 0 0 . 2 3 1 . 5 9 0 . 0 0 0 . 0 0 5.87 Total :173.45 10 5 7 4 8 7 / 2 4 / 2 0 0 8 0 7 1 2 7 5 G A N G P R E V E N T I O N S E R V I C E S P O F F RE G I S T R A T I O N / M . P O F F - E D M O N D S P D RE G I S T R A T I O N / M . P O F F ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 200.00 Total :200.00 10 5 7 4 9 7 / 2 4 / 2 0 0 8 01 2 1 9 9 G R A I N G E R 96 7 6 9 0 0 1 4 6 SU P P L I E S 23 Page: Pa c k e t Pa g e 51 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 24 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 4 9 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 01 2 1 9 9 G R A I N G E R W I R E R O P E / C A B L E C U T T E R 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 76.85 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 6.85 BA T T E R Y R E P L A C E M E N T 96 8 3 2 1 3 1 1 1 BA T T E R Y R E P L A C E M E N T 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 3 1 0 . 0 0 36.45 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 3 1 0 . 0 0 3.25 Total :123.40 10 5 7 5 0 7 / 2 4 / 2 0 0 8 01 2 1 9 9 G R A I N G E R 96 7 3 8 9 0 4 9 8 YO S T P A R K - L I N E V T - S T A T YO S T P A R K - L I N E V T - S T A T 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 14.99 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 1.28 FA C M A I N T - D I G I T A L L I G H T M E T E R 96 7 9 9 5 5 5 5 0 FA C M A I N T - D I G I T A L L I G H T M E T E R 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 128.12 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 3 1 0 . 0 0 11.02 Total :155.41 10 5 7 5 1 7 / 2 4 / 2 0 0 8 01 2 5 6 0 H A C H C O M P A N Y 58 0 5 9 0 3 11 2 8 3 0 OR P S O L U T I O N 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 2 96.00 Fr e i g h t 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 2 15.95 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 2 9.96 Total :121.91 10 5 7 5 2 7 / 2 4 / 2 0 0 8 07 2 3 5 7 H A R D W I C K , H E I D I HA R D W I C K 0 7 1 5 RE F U N D CL A S S R E F U N D 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 30.00 24 Page: Pa c k e t Pa g e 52 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 25 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount (C o n t i n u e d ) Total :30.00 10 5 7 5 2 7 / 2 4 / 2 0 0 8 0 7 2 3 5 7 0 7 2 3 5 7 H A R D W I C K , H E I D I 10 5 7 5 3 7 / 2 4 / 2 0 0 8 0 6 9 3 3 2 H E A L T H F O R C E O C C M E D 1 0 3 0 - 1 0 0 Dr u g t e s t i n g s e r v i c e s - 5 / 2 9 / 0 8 Dr u g t e s t i n g s e r v i c e s - 5 / 2 9 / 0 8 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 1 0 . 0 0 85.00 Total :85.00 10 5 7 5 4 7 / 2 4 / 2 0 0 8 07 2 3 5 8 H E R R , K A R E N HE R R 0 7 2 2 RE F U N D RE F U N D / T R A N S F E R 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 14.00 Total :14.00 10 5 7 5 5 7 / 2 4 / 2 0 0 8 07 0 0 4 2 I K O N F I N A N C I A L S E R V I C E S 5 0 0 8 6 3 8 6 0 1 IN V # 5 0 0 8 6 3 8 6 0 1 - E D M O N D S P D EQ U I P M E N T R E N T A L 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 1 0 . 4 8 0 . 0 0 921.10 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 1 0 . 4 8 0 . 0 0 81.98 Total :1,003.08 10 5 7 5 6 7 / 2 4 / 2 0 0 8 07 0 5 2 6 I N T E R N A T I O N A L T A C T I C A L 07 / 0 7 / 2 0 0 8 1/ 3 O F S W A T T R A I N I N G B I L L / E D M O N D S P D 5/ D A Y S W A T S C H O O L / R E G E T C . ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 4,000.00 Total :4,000.00 10 5 7 5 7 7 / 2 4 / 2 0 0 8 0 7 2 3 6 5 J I J O N , T R I N I D A D JI J O N 0 7 0 9 RE F U N D RE F U N D O F D A M A G E D E P O S I T 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 200.00 Total :200.00 10 5 7 5 8 7 / 2 4 / 2 0 0 8 06 5 3 8 1 J O H N E R E I D & A S S O C I A T E S I N C 9 5 5 9 3 IN V # 9 5 5 9 3 - F R A U S T O , L A V E L Y / E D M O N D S P D RE G / F R A U S T O A N D L A V E L Y ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 820.00 Total :820.00 10 5 7 5 9 7 / 2 4 / 2 0 0 8 06 8 7 3 7 J O H N S O N R O B E R T S & A S S O C 1 1 0 2 1 4 IN V # 1 1 0 2 1 4 - E D M O N D S P D 25 Page: Pa c k e t Pa g e 53 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 26 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 5 9 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 8 7 3 7 J O H N S O N R O B E R T S & A S S O C PH Q R E P O R T / P R E - O F F E R 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 3 1 0 . 0 0 15.00 Fr e i g h t 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 3 1 0 . 0 0 1.17 Total :16.17 10 5 7 6 0 7 / 2 4 / 2 0 0 8 07 2 3 6 6 K L E P P E R , A N A KL E P P E R 0 7 0 2 RE F U N D CA N C E L L A T I O N O F S W I M L E S S O N S 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 34.00 Total :34.00 10 5 7 6 1 7 / 2 4 / 2 0 0 8 0 6 9 3 4 3 K R A Z A N & A S S O C I A T E S I N C IN V 0 9 6 8 1 8 9 - 1 4 7 1 8 FA C S E I S M I C R E T R O F I T S V C - J U N E 0 8 FA C S E I S M I C R E T R O F I T S V C - J U N E 0 8 11 6 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 1 0 . 0 0 810.00 Total :810.00 10 5 7 6 2 7 / 2 4 / 2 0 0 8 01 7 0 5 0 K W I C K ' N K L E E N C A R W A S H 06 1 2 2 0 0 8 - 0 1 IN V # 0 6 1 2 2 0 0 8 - 0 1 J U N E 2 0 0 8 / E D M O N D S P D CA R W A S H E S F O R P O L I C E V E H I C L E S 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 4 8 0 . 0 0 138.04 Total :138.04 10 5 7 6 3 7 / 2 4 / 2 0 0 8 06 0 1 3 2 L A B S A F E T Y S U P P L Y 10 1 1 8 2 9 9 8 1 OP S S U P P L I E S Lo t o k i t m a i n t & w r i s t c o i l s 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 3 1 0 . 0 0 331.80 Fr e i g h t 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 3 1 0 . 0 0 12.27 Total :344.07 10 5 7 6 4 7 / 2 4 / 2 0 0 8 01 7 1 3 5 L A N D A U A S S O C I A T E S I N C 00 2 3 4 1 2 Pr o f S e r v G e o R e v i e w R a y S F R Pr o f S e r v G e o R e v i e w R a y S F R 00 1 . 0 0 0 . 6 2 0 . 5 2 4 . 1 0 0 . 4 1 0 . 0 0 1,708.33 Total :1,708.33 10 5 7 6 5 7 / 2 4 / 2 0 0 8 0 6 8 7 1 1 L A W N E Q U I P M E N T S U P P L Y 70 0 8 - 1 7 3 MO W E R S U P P L I E S 26 Page: Pa c k e t Pa g e 54 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 27 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 6 5 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 8 7 1 1 L A W N E Q U I P M E N T S U P P L Y BO L T S , C O V E R S , G A S K E T S , E T C . 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 47.94 Fr e i g h t 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 2.26 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 4.47 MO W E R S U P P L I E S 70 0 8 - 3 0 1 SP R I N G A N D C O V E R K N O B 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 32.13 Fr e i g h t 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 5.20 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 3.32 MO W E R S U P P L I E S 70 0 8 - 3 0 2 MU L C H B L A D E S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 66.15 Fr e i g h t 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 9.07 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 6.69 SU P P L I E S 70 0 8 - 3 2 1 NI T R I L E G L O V E S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 31.80 Fr e i g h t 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 2.26 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 3.03 MO W E R S U P P L I E S 70 0 8 - 3 2 2 HE D G E T R I M M E R A T T A C H M E N T 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 215.99 Fr e i g h t 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 12.57 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 20.34 27 Page: Pa c k e t Pa g e 55 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 28 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount (C o n t i n u e d ) Total :463.22 10 5 7 6 5 7 / 2 4 / 2 0 0 8 0 6 8 7 1 1 0 6 8 7 1 1 L A W N E Q U I P M E N T S U P P L Y 10 5 7 6 6 7 / 2 4 / 2 0 0 8 0 7 2 0 5 9 L E E , N I C O L E 15 4 IN T E R P R E T E R F E E IN T E R P R E T E R F E E 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 4 1 0 . 0 1 60.00 IN T E R P R E T E R F E E 16 7 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 1 . 4 1 0 . 0 1 50.00 Total :110.00 10 5 7 6 7 7 / 2 4 / 2 0 0 8 0 1 8 7 6 0 L U N D S O F F I C E E S S E N T I A L S 09 8 5 8 2 SU P P L I E S SU P P L I E S 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 1 . 3 1 0 . 0 0 216.71 Total :216.71 10 5 7 6 8 7 / 2 4 / 2 0 0 8 01 8 7 6 0 L U N D S O F F I C E E S S E N T I A L S 09 8 7 1 3 BU S I N E S S C A R D S F O R D E V . S E R . , P W & H R Bu s i n e s s C a r d s ~ 25 0 - 0 0 2 0 5 00 1 . 0 0 0 . 6 2 0 . 5 5 8 . 8 0 0 . 3 1 0 . 0 0 16.00 An n B u l l i s 25 0 - 0 0 2 0 5 00 1 . 0 0 0 . 6 2 0 . 5 5 8 . 8 0 0 . 3 1 0 . 0 0 16.00 Li n d a M c M u r p h y 25 0 - 0 0 2 0 5 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 16.00 Da v e S i t t a u e r 25 0 - 0 0 2 0 5 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 16.00 Kr i s K u h n h a u s e n 25 0 - 0 0 2 0 5 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 16.00 De b i H u m a n n 25 0 - 0 0 2 0 5 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 1 0 0 . 4 9 0 . 0 0 16.00 Sa l e s T a x 00 1 . 0 0 0 . 6 2 0 . 5 5 8 . 8 0 0 . 3 1 0 . 0 0 2.85 Sa l e s T a x 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 1 0 . 0 0 2.85 Sa l e s T a x 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 3 1 0 . 0 0 1.42 Sa l e s T a x 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 1 0 0 . 4 9 0 . 0 0 1.42 28 Page: Pa c k e t Pa g e 56 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 29 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount (C o n t i n u e d ) Total :104.54 10 5 7 6 8 7 / 2 4 / 2 0 0 8 0 1 8 7 6 0 0 1 8 7 6 0 L U N D S O F F I C E E S S E N T I A L S 10 5 7 6 9 7 / 2 4 / 2 0 0 8 0 7 2 3 5 9 L U P T O N , J E A N N I N E LU P T O N 0 7 2 2 RE F U N D RE F U N D O F D A M A G E D E P O S I T L E S S E X T R A 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 470.00 Total :470.00 10 5 7 7 0 7 / 2 4 / 2 0 0 8 06 6 2 5 8 M A R E N A K O S I N C 09 0 0 8 1 4 - I N W I L L O W C R E E K S T R E A M P R O J E C T BO U L D E R S & D E L I V E R Y F O R W I L L O W C R E E K 12 5 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 574.92 Sa l e s T a x 12 5 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 49.44 Total :624.36 10 5 7 7 1 7 / 2 4 / 2 0 0 8 06 9 3 6 2 M A R S H A L L , C I T A 13 5 IN T E R P R E T E R F E E IN T E R P R E T E R F E E 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 4 1 0 . 0 1 140.00 IN T E R P R E T E R F E E 13 6 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 1 . 4 1 0 . 0 1 80.00 IN T E R P R E T E R F E E 13 7 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 4 1 0 . 0 1 175.00 IN T E R P R E T E R F E E 16 2 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 4 1 0 . 0 1 50.00 IN T E R P R E T E R F E E 36 9 1 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 3 9 0 . 5 1 2 . 5 2 0 . 4 1 0 . 0 0 50.00 IN T E R P R E T E R F E E 37 0 7 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 3 9 0 . 5 1 2 . 5 2 0 . 4 1 0 . 0 0 50.00 IN T E R P R E T E R F E E 37 3 4 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 3 9 0 . 5 1 2 . 5 2 0 . 4 1 0 . 0 0 50.00 29 Page: Pa c k e t Pa g e 57 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 30 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 7 1 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 9 3 6 2 M A R S H A L L , C I T A IN T E R P R E T E R F E E 37 4 6 IN T E R P R E T E R F E E 00 1 . 0 0 0 . 3 9 0 . 5 1 2 . 5 2 0 . 4 1 0 . 0 0 50.00 Total :645.00 10 5 7 7 2 7 / 2 4 / 2 0 0 8 01 9 6 5 0 M A S T E R P O O L S O F W A S H I N G T O N I N C 4 7 9 0 3 YO S T P O O L S U P P L I E S YO S T P O O L C H E M I C A L S A N D S U P P L I E S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 174.90 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 15.57 Total :190.47 10 5 7 7 3 7 / 2 4 / 2 0 0 8 02 0 0 3 6 M C I N T O S H , B R I A N MC I N T O S H 0 7 2 1 RE I M B U R S E M E N T AT & T T E R M I N A T I O N F E E 00 1 . 0 0 0 . 3 1 0 . 5 1 8 . 8 8 0 . 4 2 0 . 0 0 175.00 Total :175.00 10 5 7 7 4 7 / 2 4 / 2 0 0 8 02 0 0 3 9 M C M A S T E R - C A R R S U P P L Y C O 9 2 8 4 3 1 9 4 12 3 1 0 6 8 0 0 EX T E N S I O N S P R I N G 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 16.86 Fr e i g h t 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 5.95 12 3 1 0 6 8 0 0 93 0 7 2 4 9 2 CP V C S H E E T 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 121.54 Fr e i g h t 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 13.57 Total :157.92 10 5 7 7 5 7 / 2 4 / 2 0 0 8 02 0 9 0 0 M I L L E R S E Q U I P & R E N T A L L I N C 7 1 1 4 0 PA S Y S T E M R E N T A L RE N T A L O F P A S Y S T E M 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 5 0 . 0 0 170.00 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 5 0 . 0 0 15.13 Total :185.13 30 Page: Pa c k e t Pa g e 58 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 31 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 7 6 7 / 2 4 / 2 0 0 8 07 2 3 6 3 M O R A N - F A R N S W O R T H , T A M M Y M O R A N - 0 7 1 0 RE F U N D CL A S S R E F U N D 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 86.00 Total :86.00 10 5 7 7 7 7 / 2 4 / 2 0 0 8 06 9 9 2 3 M O T I O N I N D U S T R I E S I N C W A 0 9 - 0 2 9 5 1 0 10 1 6 9 0 - 0 1 EN G I N E E R I N G C H A I N 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 303.00 Fr e i g h t 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 38.71 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 30.41 10 1 6 9 0 - 0 1 W A 0 9 - 0 2 9 4 6 0 CO T T E R E D C H A I N 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 351.25 Fr e i g h t 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 52.69 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 2 1 35.95 Total :812.01 10 5 7 7 8 7 / 2 4 / 2 0 0 8 06 6 2 4 6 M U S E U M P R O D U C T S C O 65 9 4 0 DI S C O V E R Y P R O G R A M S U P P L I E S SE A L I F E P E N C I L S , B U G B O X 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 3 5 0 . 3 1 0 . 0 0 48.60 Fr e i g h t 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 3 5 0 . 3 1 0 . 0 0 10.75 Total :59.35 10 5 7 7 9 7 / 2 4 / 2 0 0 8 06 7 8 9 1 M Y S T I C S E A C H A R T E R S MY S T I C S E A 1 0 1 9 8 W H A L E W A T C H I N G C R U I S E MY S T I C S E A C H A R T E R ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 392.00 Total :392.00 10 5 7 8 0 7 / 2 4 / 2 0 0 8 06 6 3 9 1 N O R T H S T A R C H E M I C A L I N C 00 9 2 5 5 1 SO D I U M B I S U L F I T E 31 Page: Pa c k e t Pa g e 59 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 32 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 8 0 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 6 3 9 1 N O R T H S T A R C H E M I C A L I N C SO D I U M B I S U L F I T E 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 5 4 1,445.00 Sa l e s T a x 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 3 1 0 . 5 4 128.61 Total :1,573.61 10 5 7 8 1 7 / 2 4 / 2 0 0 8 06 8 5 0 0 N O R T H W E S T B U S I N E S S P R O D U C T S 1 0 1 2 3 3 IN V # 1 0 1 2 3 3 - E D M O N D S P D CL E A N I N G / R E P A I R F A X M A C H I N E ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 1 0 . 4 8 0 . 0 0 205.50 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 1 0 . 4 8 0 . 0 0 17.67 Total :223.17 10 5 7 8 2 7 / 2 4 / 2 0 0 8 06 1 0 1 3 N O R T H W E S T C A S C A D E I N C 07 6 6 7 6 2 HO N E Y B U C K E T R E N T A L MA R I N A B E A C H P A R K 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 5 0 . 0 0 411.37 HO N E Y B U C K E T R E N T A L 07 6 9 0 1 4 CI V I C C E N T E R P L A Y F I E L D 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 5 0 . 0 0 180.29 HO N E Y B U C K E T R E N T A L 07 7 0 2 0 0 HO N E Y B U C K E T R E N T A L : ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 5 0 . 0 0 92.20 HO N E Y B U C K E T R E N T A L 07 7 0 2 0 1 HO N E Y B U C K E T R E N T A L : ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 5 0 . 0 0 98.02 Total :781.88 10 5 7 8 3 7 / 2 4 / 2 0 0 8 07 2 1 1 6 N O R T H W E S T E R N C O N S T R U C T I O N P A Y M E N T N O . 6 FA C S E I S M I C S T R U C T U R E R E T R O F I T P R O J E C T FA C S E I S M I C S T R U C T U R E R E T R O F I T P R O J E C T 11 6 . 0 0 0 . 6 5 1 . 5 9 4 . 1 9 0 . 6 5 0 . 0 0 205,590.04 Total :205,590.04 10 5 7 8 4 7 / 2 4 / 2 0 0 8 06 3 5 1 1 O F F I C E M A X I N C 50 6 9 0 7 SU P P L I E S SU P P L I E S 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 1 . 3 1 0 . 0 0 345.92 32 Page: Pa c k e t Pa g e 60 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 33 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 8 4 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 3 5 1 1 O F F I C E M A X I N C SU P P L I E S 56 5 2 7 3 SU P P L I E S 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 1 . 3 1 0 . 0 0 66.29 SU P P L I E S 64 2 9 1 2 SU P P L I E S 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 3 1 0 . 0 0 496.88 Total :909.09 10 5 7 8 5 7 / 2 4 / 2 0 0 8 06 3 5 1 1 O F F I C E M A X I N C 27 6 3 2 6 OF F I C E S U P P L I E S LE A F L E T H O L D E R 11 7 . 1 0 0 . 6 4 0 . 5 7 3 . 1 0 0 . 3 1 0 . 0 0 5.37 PA P E R 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 1 0 0 . 3 1 0 . 0 0 17.16 Ki n g C o u n t y S a l e s T a x 11 7 . 1 0 0 . 6 4 0 . 5 7 3 . 1 0 0 . 3 1 0 . 0 0 0.48 Ki n g C o u n t y S a l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 1 0 0 . 3 1 0 . 0 0 1.54 OF F I C E S U P P L I E S 48 4 9 6 4 ST A P L E R , L E A D R E F I L L S 11 7 . 1 0 0 . 6 4 0 . 5 7 3 . 1 0 0 . 3 1 0 . 0 0 29.88 Ki n g C o u n t y S a l e s T a x 11 7 . 1 0 0 . 6 4 0 . 5 7 3 . 1 0 0 . 3 1 0 . 0 0 2.69 Total :57.12 10 5 7 8 6 7 / 2 4 / 2 0 0 8 06 3 5 1 1 O F F I C E M A X I N C 57 6 8 2 4 IN V # 5 7 6 8 2 4 - E D M O N D S P D 33 Page: Pa c k e t Pa g e 61 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 34 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 8 6 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 3 5 1 1 O F F I C E M A X I N C TO N E R , F I L E S , E T C . 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 3 1 0 . 0 0 171.29 TO N E R / D E T E C T I V E U N I T 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 1 0 . 3 1 0 . 0 0 377.58 FO L D E R S 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 7 1 0 . 3 1 0 . 0 0 61.18 Ki n g C o u n t y S a l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 1 0 0 . 3 1 0 . 0 0 15.42 Ki n g C o u n t y S a l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 1 0 . 3 1 0 . 0 0 33.98 Ki n g C o u n t y S a l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 7 1 0 . 3 1 0 . 0 0 5.50 Total :664.95 10 5 7 8 7 7 / 2 4 / 2 0 0 8 0 6 3 5 1 1 O F F I C E M A X I N C 70 2 8 5 2 OF F I C E S U P P L I E S Of f i c e S u p p l i e s 00 1 . 0 0 0 . 2 5 0 . 5 1 4 . 3 0 0 . 3 1 0 . 0 0 136.80 Ki n g C o u n t y S a l e s T a x 00 1 . 0 0 0 . 2 5 0 . 5 1 4 . 3 0 0 . 3 1 0 . 0 0 12.31 Total :149.11 10 5 7 8 8 7 / 2 4 / 2 0 0 8 06 3 5 1 1 O F F I C E M A X I N C 62 7 3 0 6 OP E R A T I O N S S U P P L I E S St a t i o n s ' c o p y p a p e r 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 3 1 0 . 0 0 23.70 Ki n g C o u n t y S a l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 3 1 0 . 0 0 2.13 OP S S U P P L I E S 66 5 3 1 2 St a t i o n s ' c o p y p a p e r 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 3 1 0 . 0 0 237.00 Ki n g C o u n t y S a l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 3 1 0 . 0 0 21.34 Total :284.17 10 5 7 8 9 7 / 2 4 / 2 0 0 8 02 5 8 8 9 O G D E N M U R P H Y A N D W A L L A C E 6 6 7 8 5 6 JU N E - 0 8 R E T A I N E R F E E S 34 Page: Pa c k e t Pa g e 62 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 35 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 8 9 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 02 5 8 8 9 O G D E N M U R P H Y A N D W A L L A C E Ju n e - 0 8 R e t a i n e r F e e s 00 1 . 0 0 0 . 3 6 0 . 5 1 5 . 1 0 0 . 4 1 0 . 0 0 15,120.94 JU N E - 0 8 L E G A L F E E S 66 7 8 8 3 Ju n e - 0 8 L e g a l F e e s 00 1 . 0 0 0 . 3 6 0 . 5 1 5 . 1 0 0 . 4 1 0 . 0 0 24,599.32 Total :39,720.26 10 5 7 9 0 7 / 2 4 / 2 0 0 8 0 2 5 8 8 9 O G D E N M U R P H Y A N D W A L L A C E 6 6 7 8 5 6 Le g i s l a t i v e L e g a l S e r v i c e s J u n e , 2 0 0 8 Le g i s l a t i v e L e g a l S e r v i c e s J u n e , 2 0 0 8 00 1 . 0 0 0 . 1 1 0 . 5 1 1 . 1 0 0 . 4 1 0 . 0 0 4,369.80 Total :4,369.80 10 5 7 9 1 7 / 2 4 / 2 0 0 8 06 5 7 0 4 O M B P R O D U C T I O N S OM B 0 7 2 1 PR O F E S S I O N A L S E R V I C E S SU M M E R C O N C E R T C O O R D I N A T O R 11 7 . 1 0 0 . 6 4 0 . 5 7 3 . 1 0 0 . 4 1 0 . 0 0 975.00 Total :975.00 10 5 7 9 2 7 / 2 4 / 2 0 0 8 06 3 7 5 0 O R C A P A C I F I C I N C 03 4 5 5 6 PO O L S U P P L I E S YO S T P O O L C H E M I C A L S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 119.84 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 10.67 PO O L S U P P L I E S 03 4 7 2 1 YO S T P O O L C H E M I C A L S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 300.73 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 26.76 Total :458.00 10 5 7 9 3 7 / 2 4 / 2 0 0 8 07 1 4 0 2 P A C I F I C N W F L O A T T R I P S PA C N W F L O A T 9 4 3 8 FL O A T T R I P W I N E T A S T I N G F L O A T T R I P # 9 4 3 8 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 664.85 Total :664.85 10 5 7 9 4 7 / 2 4 / 2 0 0 8 0 2 7 0 6 0 P A C I F I C T O P S O I L S 31 4 4 4 6 BR U S H D U M P 35 Page: Pa c k e t Pa g e 63 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 36 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 9 4 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 02 7 0 6 0 P A C I F I C T O P S O I L S BR U S H D U M P 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 225.00 BR U S H D U M P 69 9 8 8 BR U S H D U M P 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 160.00 Total :385.00 10 5 7 9 5 7 / 2 4 / 2 0 0 8 0 6 6 4 1 2 P A R K S & R E C R E A T I O N D A Y C A M P C A M P C A S H 0 7 2 2 DA Y C A M P P E T T Y C A S H R E I M B U R S E M E N T DA Y C A M P S U P P L I E S 00 1 . 0 0 0 . 6 4 0 . 5 7 5 . 5 3 0 . 4 9 0 . 0 0 34.50 DA Y C A M P S U P P L I E S 00 1 . 0 0 0 . 6 4 0 . 5 7 5 . 5 3 0 . 3 1 0 . 0 0 149.05 Total :183.55 10 5 7 9 6 7 / 2 4 / 2 0 0 8 07 2 1 1 9 P E A K I N T E R N E T L L C 08 0 7 0 4 - 0 0 5 7 CE M E T E R Y I N T E R N E T IN T E R N E T S E R V I C E S F O R C E M E T E R Y 13 0 . 0 0 0 . 6 4 0 . 5 3 6 . 2 0 0 . 4 2 0 . 0 0 17.95 Total :17.95 10 5 7 9 7 7 / 2 4 / 2 0 0 8 06 4 5 5 2 P I T N E Y B O W E S 38 3 3 1 0 0 J Y 0 8 PO S T A G E M A C H I N E L E A S E Le a s e f r o m 6 / 3 0 t o 7 / 3 0 00 1 . 0 0 0 . 2 5 0 . 5 1 4 . 3 0 0 . 4 5 0 . 0 0 866.00 Total :866.00 10 5 7 9 8 7 / 2 4 / 2 0 0 8 07 1 8 1 1 P O N Y M A I L B O X & B U S I N E S S C T R 1 6 8 6 1 5 FL E E T - S I R E N E T - R E T U R N P O S T A G E FL E E T - S I R E N E T - R E T U R N P O S T A G E 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 2 0 . 0 0 18.41 W A T E R / S E W E R - D E P T O F L & I V I D E O R E T U R N 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 2 0 . 0 0 5.78 W A T E R / S E W E R - D E P T O F L & I V I D E O R E T U R N 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 2 0 . 0 0 5.78 36 Page: Pa c k e t Pa g e 64 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 37 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 7 9 8 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 07 1 8 1 1 P O N Y M A I L B O X & B U S I N E S S C T R W A T E R / S E W E R - D E P T O F L & I V I D E O - 16 8 7 9 1 W A T E R / S E W E R - D E P T O F L & I V I D E O - 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 2 0 . 0 0 5.78 W A T E R / S E W E R - D E P T O F L & I V I D E O - 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 2 0 . 0 0 5.78 FL E E T - M E T R O T E C H R E T U R N P O S T A G E 16 8 9 4 2 FL E E T - M E T R O T E C H R E T U R N P O S T A G E 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 2 0 . 0 0 18.59 W A T E R / S E W E R - D E P T O F L & I V I D E O - 16 9 0 3 8 W A T E R / S E W E R - D E P T O F L & I V I D E O - 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 2 0 . 0 0 4.35 W A T E R / S E W E R - D E P T O F L & I V I D E O - 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 2 0 . 0 0 4.35 W A T E R / S E W E R - D E P T L & I V I D E O - R E T U R N 16 9 1 0 0 W A T E R / S E W E R - D E P T L & I V I D E O - R E T U R N 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 2 0 . 0 0 4.35 W A T E R / S E W E R - D E P T L & I V I D E O - R E T U R N 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 2 0 . 0 0 4.35 Total :77.52 10 5 7 9 9 7 / 2 4 / 2 0 0 8 06 4 0 8 8 P R O T E C T I O N O N E 2 9 1 1 0 4 24 H O U R A L A R M M O N I T O R I N G - P A R K S ~ 24 H O U R A L A R M M O N I T O R I N G - P A R K S ~ 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 2 0 . 0 0 44.93 24 H O U R A L A R M M O N I T O R I N G - P A R K S ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 2 0 . 0 0 44.92 Fi r e M o n i t o r i n g F / S 1 6 - 8 / 1 - 1 0 / 3 1 / 0 8 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 2 0 . 0 0 90.00 Total :179.85 10 5 8 0 0 7 / 2 4 / 2 0 0 8 07 1 9 1 1 P R O T Z , M A R G A R E T PR O T Z 9 6 0 9 FE L D E N K R A I S W O R K S H O P FE L D E N K R A I S W O R K S H O P # 9 6 0 9 00 1 . 0 0 0 . 6 4 0 . 5 7 5 . 5 4 0 . 4 1 0 . 0 0 140.00 Total :140.00 10 5 8 0 1 7 / 2 4 / 2 0 0 8 06 8 6 9 7 P U B L I C S A F E T Y T E S T I N G I N C 20 0 8 - 2 3 6 1 Ap r i l - J u n e 2 0 0 8 t e s t i n g s e r v i c e s f e e s 37 Page: Pa c k e t Pa g e 65 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 38 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 0 1 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 8 6 9 7 P U B L I C S A F E T Y T E S T I N G I N C Ap r i l - J u n e 2 0 0 8 t e s t i n g s e r v i c e s f e e s 00 1 . 0 0 0 . 2 2 0 . 5 1 6 . 2 1 0 . 4 1 0 . 0 0 700.00 Total :700.00 10 5 8 0 2 7 / 2 4 / 2 0 0 8 04 6 9 0 0 P U G E T S O U N D E N E R G Y 79 1 8 8 0 7 0 0 4 YO S T P O O L YO S T P O O L 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 5,051.06 Total :5,051.06 10 5 8 0 3 7 / 2 4 / 2 0 0 8 07 0 8 0 9 P U G E T S O U N D E X E C U T I V E 08 - 3 9 6 CO U R T S E C U R I T Y CO U R T S E C U R I T Y 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 0 . 4 1 0 . 0 0 1,891.25 Total :1,891.25 10 5 8 0 4 7 / 2 4 / 2 0 0 8 03 0 7 8 0 Q U I R I N G M O N U M E N T S I N C 90 0 0 3 MA R K E R MA R K E R : F O S M A R K 13 0 . 0 0 0 . 6 4 0 . 5 3 6 . 2 0 0 . 3 4 0 . 0 0 546.00 IN S C R I P T I O N 90 2 0 3 IN S C R I P T I O N : E A R N H E A R T 13 0 . 0 0 0 . 6 4 0 . 5 3 6 . 2 0 0 . 3 4 0 . 0 0 78.00 Total :624.00 10 5 8 0 5 7 / 2 4 / 2 0 0 8 03 1 0 6 0 R A D I X C O R P O R A T I O N 00 3 0 3 4 RA D I X M O N T H L Y M A I N T A U G 0 8 RA D I X M O N T H L Y M A I N T A U G 0 8 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 8 0 . 0 0 112.35 Total :112.35 10 5 8 0 6 7 / 2 4 / 2 0 0 8 07 1 6 9 6 R A N K I N S , K A T E KR A N K I N S 0 7 1 9 PL A Z A R O O M M O N I T O R PL A Z A R O O M A N D D A N C E M O N I T O R ~ 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 1 0 0 . 4 1 0 . 0 0 255.00 Total :255.00 10 5 8 0 7 7 / 2 4 / 2 0 0 8 0 6 6 9 4 8 R A Y A L L E N M F G C O I N C 23 4 5 5 9 IN V # 2 3 4 5 5 9 - E D M O N D S P D 38 Page: Pa c k e t Pa g e 66 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 39 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 0 7 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 6 9 4 8 R A Y A L L E N M F G C O I N C K9 K I M O N O L I T E T R A I N I N G S U I T 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 6 0 . 3 1 0 . 0 0 995.00 Fr e i g h t 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 6 0 . 3 1 0 . 0 0 30.00 Total :1,025.00 10 5 8 0 8 7 / 2 4 / 2 0 0 8 07 2 3 6 0 R Y A N , C H A R L E N E R Y A N 0 7 1 5 RE F U N D RE F U N D A B L E D A M A G E D E P O S I T 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 500.00 Total :500.00 10 5 8 0 9 7 / 2 4 / 2 0 0 8 0 6 1 4 8 2 S E A - W E S T E R N I N C 12 6 2 8 3 OP S P R O T E C T I V E C L O T H I N G Pr o t e c t i v e c l o t h i n g m a i n t e n a n c e 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 5 0 . 0 0 362.92 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 5 0 . 0 0 32.30 Total :395.22 10 5 8 1 0 7 / 2 4 / 2 0 0 8 03 6 0 7 0 S H A N N O N T O W I N G I N C 19 1 5 1 0 IN V # 1 9 1 5 1 0 - E D M O N D S P D TO W I N G / F O R D C R O W N V I C / B L U E ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 4 1 0 . 0 0 136.00 Sa l e s T a x 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 2 2 0 . 4 1 0 . 0 0 12.10 Total :148.10 10 5 8 1 1 7 / 2 4 / 2 0 0 8 03 6 5 0 9 S I G N A T U R E F O R M S I N C 10 8 1 6 0 5 SU P P L I E S SU P P L I E S 00 1 . 0 0 0 . 2 3 0 . 5 1 2 . 5 0 1 . 3 1 0 . 0 0 1,069.19 Total :1,069.19 10 5 8 1 2 7 / 2 4 / 2 0 0 8 0 6 7 6 4 4 S I G N O N 5 3 1 3 SI G N L A N G U A G E I N T E R P R E T I N G IN T E R P R E T I N G F O R Y O S T P O O L S T U D E N T S 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 1 0 . 0 0 620.00 IN T E R P R E T I N G 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 2 0 0 . 4 3 0 . 0 0 81.92 39 Page: Pa c k e t Pa g e 67 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 40 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount (C o n t i n u e d ) Total :701.92 10 5 8 1 2 7 / 2 4 / 2 0 0 8 0 6 7 6 4 4 0 6 7 6 4 4 S I G N O N 10 5 8 1 3 7 / 2 4 / 2 0 0 8 0 3 6 9 5 5 S K Y N U R S E R Y 27 1 2 6 2 SU P P L I E S PL A N T S , E T C . 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 177.06 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 15.94 BR A C K E T T ' S N O R T H P L A N T E R B E D 27 2 3 0 7 PE R E N N I A L S , L I L Y S , S H R U B S , E T C . 12 5 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 204.18 Sa l e s T a x 12 5 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 18.38 SU P P L I E S 27 3 2 0 0 MU L C H 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 53.94 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 4.85 Total :474.35 10 5 8 1 4 7 / 2 4 / 2 0 0 8 03 7 3 7 5 S N O C O P U D N O 1 24 5 0 0 1 6 5 4 4 UT I L I T Y B I L L I N G 18 5 0 0 8 2 N D A V E W 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 64.58 PA R K & M A I N T E N A N C E S H O P 24 7 0 0 1 1 8 3 0 PA R K & M A I N T E N A N C E S H O P 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 841.70 PL A Y F I E L D B L E A C H E R S 32 8 0 0 1 7 1 7 3 PL A Y F I E L D B L E A C H E R S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 133.37 OL Y M P I C B E A C H F I S H I N G P I E R 34 3 0 0 1 3 6 2 7 OL Y M P I C B E A C H F I S H I N G P I E R 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 432.17 UT I L I T Y B I L L I N G 35 7 0 0 1 4 3 6 9 80 3 0 1 8 5 T H S T S W 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 115.51 40 Page: Pa c k e t Pa g e 68 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 41 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 1 4 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 03 7 3 7 5 S N O C O P U D N O 1 PA R K G A Z E B O 36 6 0 0 1 6 7 7 9 PA R K G A Z E B O 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 32.18 PL A Y F I E L D L I G H T S 36 9 0 0 1 7 8 3 9 PL A Y F I E L D L I G H T S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 4 7 0 . 0 0 111.27 Total :1,730.78 10 5 8 1 5 7 / 2 4 / 2 0 0 8 03 7 3 7 5 S N O C O P U D N O 1 27 8 0 0 8 7 8 4 95 8 - 0 0 1 - 0 0 0 - 8 W W T P E L E C T R I C I T Y 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 7 1 . 6 1 22,261.14 Total :22,261.14 10 5 8 1 6 7 / 2 4 / 2 0 0 8 03 7 3 7 5 S N O C O P U D N O 1 20 7 0 0 1 5 0 8 2 LI F T S T A T I O N # 7 LI F T S T A T I O N # 7 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 106.19 SI G N A L L I G H T 23 3 0 0 1 2 2 8 3 SI G N A L L I G H T 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 6 4 0 . 4 7 0 . 0 0 28.28 LI F T S T A T I O N # 1 0 24 0 0 0 1 0 7 4 6 LI F T S T A T I O N # 1 0 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 141.54 LI F T S T A T I O N # 2 24 1 0 0 1 6 2 5 3 LI F T S T A T I O N # 2 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 61.65 20 0 D a y t o n S t - V a c a n t P W B l d g 24 8 0 0 1 7 3 9 7 20 0 D a y t o n S t - V a c a n t P W B l d g 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 7 0 . 0 0 292.38 LI F T S T A T I O N # 4 25 4 0 0 1 2 5 6 0 LI F T S T A T I O N # 4 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 355.04 SI G N A L L I G H T 27 9 0 0 2 2 2 2 8 SI G N A L L I G H T 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 6 4 0 . 4 7 0 . 0 0 48.70 41 Page: Pa c k e t Pa g e 69 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 42 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 1 6 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 03 7 3 7 5 S N O C O P U D N O 1 SE A V I E W R E S E R V O I R 28 8 0 0 2 7 2 7 7 SE A V I E W R E S E R V O I R 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 7 0 . 0 0 29.26 SI G N A L L I G H T 33 5 0 0 1 4 9 0 2 SI G N A L L I G H T 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 6 4 0 . 4 7 0 . 0 0 41.82 LI B R A R Y 37 2 0 0 1 2 0 5 7 LI B R A R Y 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 2,138.25 SC H O O L F L A S H I N G L I G H T 39 7 0 0 1 3 5 8 1 SC H O O L F L A S H I N G L I G H T 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 6 4 0 . 4 7 0 . 0 0 29.74 SI G N A L L I G H T 42 1 0 0 1 3 9 0 2 SI G N A L L I G H T 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 6 4 0 . 4 7 0 . 0 0 47.29 SI G N A L L I G H T 43 3 0 0 1 4 1 2 9 SI G N A L L I G H T 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 6 4 0 . 4 7 0 . 0 0 108.26 Pu b l i c W o r k s 48 4 0 0 1 1 9 5 3 Pu b l i c W o r k s 00 1 . 0 0 0 . 6 5 0 . 5 1 9 . 9 1 0 . 4 7 0 . 0 0 68.96 Pu b l i c W o r k s 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 262.05 Pu b l i c W o r k s 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 7 0 . 0 0 262.05 Pu b l i c W o r k s 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 7 0 . 0 0 262.05 Pu b l i c W o r k s 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 7 0 . 0 0 262.05 Pu b l i c W o r k s 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 7 0 . 0 0 262.06 PU B L I C S A F E T Y C O M P L E X 53 9 0 0 2 8 1 6 4 PU B L I C S A F E T Y C O M P L E X 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 4,468.51 42 Page: Pa c k e t Pa g e 70 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 43 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 1 6 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 03 7 3 7 5 S N O C O P U D N O 1 CI T Y H A L L 54 1 0 0 1 0 6 8 9 CI T Y H A L L 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 7 0 . 0 0 2,405.86 Total :11,681.99 10 5 8 1 7 7 / 2 4 / 2 0 0 8 06 4 3 5 1 S N O H O M I S H C O U N T Y T R E A S U R E R 2 0 0 8 0 8 8 IN V # 2 0 0 8 0 8 8 - J U N E 2 0 0 8 / E D M O N D S P D 67 . 0 8 B O O K I N G S / J U N E 2 0 0 8 00 1 . 0 0 0 . 4 1 0 . 5 2 3 . 6 0 0 . 5 1 0 . 0 0 6,085.50 88 2 . 7 5 H O U S I N G D A Y S / J U N E 2 0 0 8 00 1 . 0 0 0 . 4 1 0 . 5 2 3 . 6 0 0 . 5 1 0 . 0 0 52,761.97 Total :58,847.47 10 5 8 1 8 7 / 2 4 / 2 0 0 8 03 7 8 0 0 S N O H O M I S H H E A L T H D I S T R I C T A R 1 3 9 1 9 7 W A T E R D E P T - H E P A S H O T S W A T E R D E P T - H E P A S H O T S 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 1 0 . 0 0 58.00 Total :58.00 10 5 8 1 9 7 / 2 4 / 2 0 0 8 06 0 3 7 1 S T A N D A R D I N S U R A N C E C O Au g u s t 2 0 0 8 AU G U S T 2 0 0 8 P R E M I U M S Au g u s t 2 0 0 8 S t a n d a r d I n s u r a n c e P r e m i u m s 81 1 . 0 0 0 . 0 0 0 . 2 3 1 . 5 5 0 . 0 0 0 . 0 0 18,639.95 Total :18,639.95 10 5 8 2 0 7 / 2 4 / 2 0 0 8 07 2 3 5 4 S T A T E O F W Y O M I N G , L A W E N F O R C E M E N T A C A D E M Y BA R K E R RE G I S T R A T I O N / R . B A R K E R - E D M O N D S P D RE G I S T R A T I O N / R . B A R K E R ~ 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 4 0 0 . 4 9 0 . 0 0 625.00 Total :625.00 10 5 8 2 1 7 / 2 4 / 2 0 0 8 07 2 3 6 1 S T E I N A T , C H R I S T I N A ST E I N A T 0 7 2 2 RE F U N D CL A S S R E F U N D 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 80.00 Total :80.00 10 5 8 2 2 7 / 2 4 / 2 0 0 8 0 7 1 5 8 5 S T E R I C Y C L E I N C 3 0 0 0 0 9 2 7 4 1 IN V # 3 0 0 0 0 9 2 7 4 1 - E D M O N D S P D ON - C A L L / M O N T H L Y S E R V I C E F E E 00 1 . 0 0 0 . 4 1 0 . 5 2 1 . 9 1 0 . 4 1 0 . 0 0 10.36 43 Page: Pa c k e t Pa g e 71 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 44 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount (C o n t i n u e d ) Total :10.36 10 5 8 2 2 7 / 2 4 / 2 0 0 8 0 7 1 5 8 5 0 7 1 5 8 5 S T E R I C Y C L E I N C 10 5 8 2 3 7 / 2 4 / 2 0 0 8 0 7 2 3 6 2 S T R I K E R , R I C H A R D ST R I K E R 0 7 1 6 RE F U N D DA M A G E D E P O S I T R E F U N D 00 1 . 0 0 0 . 0 0 0 . 2 3 9 . 2 0 0 . 0 0 0 . 0 0 480.00 Total :480.00 10 5 8 2 4 7 / 2 4 / 2 0 0 8 07 2 3 3 7 T G B A R C H I T E C T S Rc p t # 0 2 2 5 6 0 3 TG B R e f u n d A r c h t i t e c t s R e c p t 0 2 2 5 6 0 3 TG B R e f u n d A r c h t i t e c t s R e c p t 0 2 2 5 6 0 3 00 1 . 0 0 0 . 0 0 0 . 2 5 7 . 6 2 0 . 0 0 0 . 0 0 120.00 Total :120.00 10 5 8 2 5 7 / 2 4 / 2 0 0 8 06 5 4 5 9 T H E H E R A L D S U B S C R I P T I O N 11 8 4 3 4 1 9 HE R A L D N E W S P A P E R A N N U A L D E L I V E R Y F E E HE R A L D N E W S P A P E R A N N U A L D E L I V E R Y F E E 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 9 0 . 0 0 31.08 HE R A L D N E W S P A P E R A N N U A L D E L I V E R Y F E E 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 9 0 0 . 4 9 0 . 0 0 31.08 HE R A L D N E W S P A P E R A N N U A L D E L I V E R Y F E E 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 9 0 . 0 0 31.08 HE R A L D N E W S P A P E R A N N U A L D E L I V E R Y F E E 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 9 0 . 0 0 31.08 HE R A L D N E W S P A P E R A N N U A L D E L I V E R Y F E E 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 9 0 . 0 0 31.08 Total :155.40 10 5 8 2 6 7 / 2 4 / 2 0 0 8 06 8 3 2 2 T R A N E 87 2 8 9 6 7 PS S V C C O N T R A C T SE R V I C E A G R E E M E N T C O N T R A C T - P S ~ 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 287.00 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 25.55 Total :312.55 10 5 8 2 7 7 / 2 4 / 2 0 0 8 06 1 1 9 2 U N I T E D P I P E & S U P P L Y 79 1 0 4 1 2 SU P P L I E S 44 Page: Pa c k e t Pa g e 72 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 45 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 2 7 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 1 1 9 2 U N I T E D P I P E & S U P P L Y SU P P L I E S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 75.00 Fr e i g h t 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 8.05 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 7.39 SU P P L I E S 79 2 6 3 5 5 IR R I G A T I O N S U P P L I E S 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 327.60 Sa l e s T a x 00 1 . 0 0 0 . 6 4 0 . 5 7 6 . 8 0 0 . 3 1 0 . 0 0 29.15 Total :447.19 10 5 8 2 8 7 / 2 4 / 2 0 0 8 0 6 1 1 9 2 U N I T E D P I P E & S U P P L Y 79 1 1 5 3 8 W A T E R M E T E R I N V E N T O R Y - ~ W A T E R M E T E R I N V E N T O R Y - ~ 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 4 2 . 0 0 4,530.00 Sa l e s T a x 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 3 4 2 . 0 0 385.05 Total :4,915.05 10 5 8 2 9 7 / 2 4 / 2 0 0 8 04 3 9 3 5 U P S 2T 4 T 1 3 2 8 8 OP S C O M M U N I C A T I O N S re t u r n s h i p m e n t 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 4 2 0 . 0 0 36.97 Total :36.97 10 5 8 3 0 7 / 2 4 / 2 0 0 8 07 2 3 5 0 U S F I R E E Q U I P M E N T L L C 52 6 2 9 OP S P R O T E C T I V E C L O T H I N G No m e x c h i n s t r a p s 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 5 0 . 0 0 34.00 Fr e i g h t 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 5 0 . 0 0 2.00 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 2 5 0 . 0 0 3.20 Total :39.20 10 5 8 3 1 7 / 2 4 / 2 0 0 8 04 4 9 6 0 U T I L I T I E S U N D E R G R O U N D L O C C T R 8 0 6 0 1 6 5 UT I L I T Y L O C A T E S - J U N E 0 8 45 Page: Pa c k e t Pa g e 73 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 46 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 3 1 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 04 4 9 6 0 U T I L I T I E S U N D E R G R O U N D L O C C T R UT I L I T Y L O C A T E S - J U N E 0 8 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 1 0 . 0 0 83.81 UT I L I T Y L O C A T E S - J U N E 0 8 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 1 0 . 0 0 83.81 UT I L I T Y L O C A T E S - J U N E 0 8 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 1 0 . 0 0 83.83 Total :251.45 10 5 8 3 2 7 / 2 4 / 2 0 0 8 0 1 1 9 0 0 V E R I Z O N N O R T H W E S T 42 5 - 7 7 5 - 1 3 4 4 BE A C H R A N G E R P H O N E @ F I S H I N G P I E R BE A C H R A N G E R P H O N E @ F I S H I N G P I E R 00 1 . 0 0 0 . 6 4 0 . 5 7 4 . 3 5 0 . 4 2 0 . 0 0 54.25 YO S T P O O L 42 5 - 7 7 5 - 2 6 4 5 YO S T P O O L 00 1 . 0 0 0 . 6 4 0 . 5 7 5 . 5 1 0 . 4 2 0 . 0 0 134.99 Total :189.24 10 5 8 3 3 7 / 2 4 / 2 0 0 8 0 1 1 9 0 0 V E R I Z O N N O R T H W E S T 42 5 7 1 2 - 0 4 2 3 03 0 2 6 0 1 0 3 2 7 9 7 5 9 2 0 7 AF T E R H O U R S P H O N E 41 1 . 0 0 0 . 6 5 6 . 5 3 8 . 8 0 0 . 4 2 0 . 0 0 55.92 Total :55.92 10 5 8 3 4 7 / 2 4 / 2 0 0 8 01 1 9 0 0 V E R I Z O N N O R T H W E S T 42 5 - 2 0 6 - 7 1 4 7 LI B R A R Y S C A N A L A R M LI B R A R Y S C A N A L A R M 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 2 0 . 0 0 14.93 FL E E T M A I N T E N A N C E F A X L I N E 42 5 - 6 7 2 - 7 1 3 2 FL E E T M A I N T E N A N C E F A X L I N E 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 2 0 . 0 0 79.85 TE L E M E T R Y L I F T S T A T I O N S 42 5 - 7 7 5 - 1 5 3 4 TE L E M E T R Y L I F T S T A T I O N S 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 2 0 . 0 0 160.64 TE L E M E T R Y L I F T S T A T I O N S 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 2 0 . 0 0 298.33 Ra d i o L i n e b e t w e e n P u b l i c W o r k s & U B 42 5 - 7 7 5 - 7 8 6 5 Ra d i o L i n e b e t w e e n P u b l i c W o r k s & U B 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 2 0 . 0 0 52.44 46 Page: Pa c k e t Pa g e 74 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 47 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 3 4 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 01 1 9 0 0 V E R I Z O N N O R T H W E S T LI B R A R Y E L E V A T O R P H O N E 42 5 - 7 7 6 - 1 2 8 1 LI B R A R Y E L E V A T O R P H O N E 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 2 0 . 0 0 45.73 1S T & P I N E C I R C U I T L I N E P T E D W A R D S 42 5 - A B 9 - 0 5 3 0 1s t & P i n e C i r c u i t L i n e f o r P t E d w a r d s 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 2 0 . 0 0 40.53 PU B L I C W O R K S C P N N E C T I O N T O 9 1 1 42 5 - R T 0 - 9 1 3 3 Pu b l i c W o r k s C o n n e c t i o n t o 9 1 1 00 1 . 0 0 0 . 6 5 0 . 5 1 9 . 9 1 0 . 4 2 0 . 0 0 5.48 Pu b l i c W o r k s C o n n e c t i o n t o 9 1 1 11 1 . 0 0 0 . 6 5 3 . 5 4 2 . 9 0 0 . 4 2 0 . 0 0 20.81 Pu b l i c W o r k s C o n n e c t i o n t o 9 1 1 41 1 . 0 0 0 . 6 5 4 . 5 3 4 . 8 0 0 . 4 2 0 . 0 0 20.81 Pu b l i c W o r k s C o n n e c t i o n t o 9 1 1 41 1 . 0 0 0 . 6 5 5 . 5 3 5 . 8 0 0 . 4 2 0 . 0 0 20.81 Pu b l i c W o r k s C o n n e c t i o n t o 9 1 1 51 1 . 0 0 0 . 6 5 7 . 5 4 8 . 6 8 0 . 4 2 0 . 0 0 20.81 Pu b l i c W o r k s C o n n e c t i o n t o 9 1 1 41 1 . 0 0 0 . 6 5 2 . 5 4 2 . 9 0 0 . 4 2 0 . 0 0 20.78 Total :801.95 10 5 8 3 5 7 / 2 4 / 2 0 0 8 01 1 9 0 0 V E R I Z O N N O R T H W E S T 42 5 - 7 7 4 - 0 9 4 4 FS # 2 0 - F A X L I N E FS # 2 0 - F A X L I N E 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 4 2 0 . 0 0 49.83 Total :49.83 10 5 8 3 6 7 / 2 4 / 2 0 0 8 0 6 7 8 6 5 V E R I Z O N W I R E L E S S 06 6 8 2 8 5 6 3 2 IN V # 0 6 6 8 2 8 5 6 3 2 - E D M O N D S CE L L P H O N E S E R V I C E 10 4 . 0 0 0 . 4 1 0 . 5 2 1 . 2 1 0 . 4 2 0 . 0 0 149.03 Total :149.03 10 5 8 3 7 7 / 2 4 / 2 0 0 8 06 7 2 1 6 V I K I N G A U T O M A T I C S P R I N K L E R C O 3 6 8 6 8 FA C - S P R I N K L E R I N S P E C T I O N F E E S 47 Page: Pa c k e t Pa g e 75 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 48 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 3 7 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 7 2 1 6 V I K I N G A U T O M A T I C S P R I N K L E R C O FA C - S P R I N K L E R I N S P E C T I O N F E E S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 317.50 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 28.26 FS 2 0 - S P R I N K L E R I N S P E C T I O N F E E S 36 8 8 0 FS 2 0 - S P R I N K L E R I N S P E C T I O N F E E S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 210.50 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 18.73 PW F L E E T - S P R I N K L E R I N S P E C T I O N F E E S 36 8 8 1 PW F L E E T - S P R I N K L E R I N S P E C T I O N F E E S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 264.00 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 23.50 PW - S P R I N K L E R I N S P E C T I O N F E E S T H R O U G H 36 8 8 2 PW - S P R I N K L E R I N S P E C T I O N F E E S T H R O U G H 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 317.50 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 28.26 SR C E N T E R - S P R I N K L E R I N S P E C T I O N F E E S 36 8 8 3 SR C E N T E R - S P R I N K L E R I N S P E C T I O N F E E S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 264.00 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 23.50 FS 1 6 - S P R I N K L E R I N S P E C T I O N F E E S 36 8 8 4 FS 1 6 - S P R I N K L E R I N S P E C T I O N F E E S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 317.50 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 28.26 BO Y S & G I R L S C L U B - S P R I N K L E R 36 8 8 5 BO Y S & G I R L S C L U B - S P R I N K L E R 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 157.00 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 13.97 48 Page: Pa c k e t Pa g e 76 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 49 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount 10 5 8 3 7 7 / 2 4 / 2 0 0 8 (C o n t i n u e d ) 06 7 2 1 6 V I K I N G A U T O M A T I C S P R I N K L E R C O FS 1 7 - S P R I N K L E R I N S P E C T I O N F E E S 36 8 8 6 FS 1 7 - S P R I N K L E R I N S P E C T I O N F E E S 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 157.00 Sa l e s T a x 00 1 . 0 0 0 . 6 5 1 . 5 1 9 . 9 2 0 . 4 8 0 . 0 0 13.97 Total :2,183.45 10 5 8 3 8 7 / 2 4 / 2 0 0 8 0 6 5 0 3 5 W A S H I N G T O N S T A T E P A T R O L I 0 8 0 3 6 5 3 8 IN V # I 0 8 0 3 6 5 3 8 - E D M O N D S P D BA C G R O U N D S F O R J U N E 2 0 0 8 00 1 . 0 0 0 . 0 0 0 . 2 3 7 . 1 0 0 . 0 0 0 . 0 0 134.75 Total :134.75 10 5 8 3 9 7 / 2 4 / 2 0 0 8 07 2 1 1 5 W A S H I N G T O N T R U S T B A N K RE T A I N A G E P M T 6 RE T A I N A G E P A Y M E N T # 6 RE T A I N A G E P A Y M E N T # 6 11 6 . 0 0 0 . 6 5 1 . 5 9 4 . 1 9 0 . 6 5 0 . 0 0 27,692.95 Total :27,692.95 10 5 8 4 0 7 / 2 4 / 2 0 0 8 04 5 9 1 2 W A S P C 50 1 5 1 EL E C T R O N I C M O N I T O R I N G EL E C T R O N I C M O N I T O R I N G 00 1 . 0 0 0 . 2 3 0 . 5 9 4 . 1 2 0 . 6 4 0 . 0 0 770.50 Total :770.50 10 5 8 4 1 7 / 2 4 / 2 0 0 8 06 8 1 0 6 W E L C O M E C O M M U N I C A T I O N S 6 1 9 0 OP S C O M M U N I C A T I O N S De s k t o p c h a r g e r 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 4 2 0 . 0 0 47.00 Fr e i g h t 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 4 2 0 . 0 0 7.45 Sa l e s T a x 00 1 . 0 0 0 . 5 1 0 . 5 2 2 . 2 0 0 . 4 2 0 . 0 0 4.85 Total :59.30 10 5 8 4 2 7 / 2 4 / 2 0 0 8 07 2 3 4 9 Y O U , H S I U C H I 4- 5 2 6 7 5 RE : # 7 - 0 8 0 5 - 0 7 7 U T I L I T Y R E F U N D #7 - 0 8 0 5 - 0 7 7 U B R e f u n d U B C s t # 0 0 1 9 1 6 8 0 41 1 . 0 0 0 . 0 0 0 . 2 3 3 . 0 0 0 . 0 0 0 . 0 0 48.78 Total :48.78 49 Page: Pa c k e t Pa g e 77 of 42 6 07 / 2 4 / 2 0 0 8 Vo u c h e r L i s t Ci t y o f E d m o n d s 50 11 : 0 5 : 3 6 A M Page: vc h l i s t Ba n k c o d e : fr o n t Vo u c h e r Da t e Ve n d o r In v o i c e PO # De s c r i p t i o n /Ac c o u n t Amount Bank total : 1 , 0 3 1 , 1 0 3 . 2 5 16 1 V o u c h e r s f o r b a n k c o d e : fr o n t 1,031,103.25 Total vouchers : Vo u c h e r s i n t h i s r e p o r t 16 1 50 Page: Pa c k e t Pa g e 78 of 42 6 AM-1686 2.D. Claims for Damages Edmonds City Council Meeting Date:07/29/2008 Submitted By:Linda Hynd Submitted For:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Acknowledge receipt of Claim for Damages from William David Barnum & Cheryl Barnum (amount undetermined). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative A Claim for Damages has been received from the following individuals: William David Barnum and Cheryl Barnum 1323 11th Place North Edmonds, WA 98020 (Amount undetermined) Fiscal Impact Attachments Link: Barnum Claim for Damages Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 09:17 AM APRV 2 Mayor Gary Haakenson 07/24/2008 09:19 AM APRV 3 Final Approval Sandy Chase 07/24/2008 01:30 PM APRV Form Started By: Linda Hynd  Started On: 07/22/2008 12:02 PM Final Approval Date: 07/24/2008 Packet Page 79 of 426 Packet Page 80 of 426 Packet Page 81 of 426 Packet Page 82 of 426 AM-1689 2.E. Yellow Cab Taxicab Operator's LIcense Edmonds City Council Meeting Date:07/29/2008 Submitted By:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Approval of 2008 Taxicab Operator's License for Yellow Cab of Washington. Recommendation from Mayor and Staff It is recommended that the City Council approve the 2008 Taxicab Operator's License for Yellow Cab of Washington. Previous Council Action The City Council last approved the license for this taxi company on 05/08/07. Narrative Edmonds City Code Chapter 4.60 requires that the City Council approve Taxicab Operator's Licenses. A copy of the application submitted by this taxi company is attached. The Police Department has reviewed and approved the application. Fiscal Impact Attachments Link: Application Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 09:56 AM APRV 2 Mayor Gary Haakenson 07/24/2008 11:16 AM APRV 3 Final Approval Sandy Chase 07/24/2008 01:30 PM APRV Form Started By: Sandy Chase  Started On: 07/24/2008 09:53 AM Final Approval Date: 07/24/2008 Packet Page 83 of 426 Packet Page 84 of 426 Packet Page 85 of 426 Packet Page 86 of 426 Packet Page 87 of 426 Packet Page 88 of 426 Packet Page 89 of 426 AM-1688 2.F. Supplemental Agreement 4 for Olympic View Drive Improvements Edmonds City Council Meeting Date:07/29/2008 Submitted By:Conni Curtis Submitted For:Rob English Time:Consent Department:Engineering Type:Action Review Committee: Action: Information Subject Title Authorization for Mayor to sign Supplemental Agreement No. 4 with CH2M Hill for Olympic View Drive Water Main and Sewer Laterals project. Recommendation from Mayor and Staff Council authorize the Mayor to sign Supplemental Agreement No. 4 to the Olympic View Drive water main and sewer laterals project. Previous Council Action On October 7, 2003, Council authorized the Mayor to sign an interlocal agreement (ILA) with the City of Lynnwood for the Olympic View Drive water main and sewer laterals design and construction. On November 3, 2003, Council authorized the Mayor to sign a professional services agreement with CH2M Hill for design of the Olympic View Drive water main and sewer laterals installation. On March 25, 2008, Council approved an amended ILA with the City of Lynnwood to include installation of City of Edmonds fiber optic conduit and storm drainage improvements in conjunction with the Olympic View Drive Improvements project. On May 6, 2008, Council approved the City of Lynnwood award of a contract for Phase I of the Olympic View Drive Improvements project (including both Lynnwood and Edmonds work) to West Coast Construction. Narrative The City of Lynnwood Olympic View Drive (OVD) improvements project is planned to provide safe walking routes and repair the failing portions of the OVD roadway. The project was divided into two phases. Phase 1, from 178th Place SW to 168th Street SW, has been awarded to West Coast Construction, and the construction of the project has begun. Phase 2, from 76th Avenue West to 178th Place SW, is now entering final design phase, and construction will begin following completion of the first phase, which is anticipated to be in 2009. The City of Edmonds and the consultant, CH2M Hill, have negotiated a scope and budget for Final Design Development of Phase 2 of the project. Supplemental Agreement No. 4, which Packet Page 90 of 426 includes this design phase, is included as Attachment 1. Fiscal Impact Attachments Link: CH2M Hill Supplement 4 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 03:08 PM APRV 2 Mayor Gary Haakenson 07/24/2008 04:43 PM APRV 3 Final Approval Sandy Chase 07/25/2008 08:34 AM APRV Form Started By: Conni Curtis  Started On: 07/24/2008 09:43 AM Final Approval Date: 07/25/2008 Packet Page 91 of 426 Packet Page 92 of 426 Packet Page 93 of 426 Packet Page 94 of 426 Packet Page 95 of 426 Packet Page 96 of 426 Packet Page 97 of 426 Packet Page 98 of 426 Packet Page 99 of 426 Packet Page 100 of 426 Packet Page 101 of 426 Packet Page 102 of 426 AM-1693 2.G. Amend Ordinance 3691 to Insert a Hearing Date Edmonds City Council Meeting Date:07/29/2008 Submitted By:Sandy Chase Submitted For:City Attorney Scott Snyder Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Ordinance amending the provisions of Section 2 of Ordinance No. 3691 in order to insert a hearing date. Recommendation from Mayor and Staff Adopt the proposed ordinance. Previous Council Action On July 22, 2008, the City Council adopted Ordinance No. 3691, an interim zoning ordinance amending the provisions of Chapter 16.43 BD (Downtown Business) by adding a Section 16.43.035 to clarify and supplement the procedures applicable to the ground floor requirements in the BD-1 zone. Narrative The City Council passed an interim zoning ordinance on July 22, 2008 as Ordinance No. 3691. Section 2 purported to call for a public hearing but no date was established. The proposed ordinance before you this evening amends the provisions of Section 2 of Ordinance No. 3691 in order to insert a hearing date. The public hearing will be set on September 16, 2008. Fiscal Impact Attachments Link: Proposed Ordinance (Amendment) Link: Ordinance 3691 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 02:25 PM APRV 2 Mayor Gary Haakenson 07/24/2008 02:28 PM APRV 3 Final Approval Sandy Chase 07/24/2008 04:28 PM APRV Form Started By: Sandy Chase  Started On: 07/24/2008 02:19 PM Final Approval Date: 07/24/2008 Packet Page 103 of 426 Packet Page 104 of 426 0006.90000 WSS/gjz 7/24/08 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 2 OF ORDINANCE NO. 3691 IN ORDER TO INSERT A HEARING DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council passed an interim zoning ordinance on July 22, 2008 as Ordinance No. 3691; and WHEREAS, Section 2 purported to call for a public hearing but no date was established; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3691 is hereby amended and supplemented to establish a hearing date regarding the interim zoning ordinance enacted by Ordinance No. 3691 for September 16, 2008. The City staff is requested to work with the Planning Board to bring back, following public hearing, any potential amendment which would permit the broadest and most effective use of the ground floor commercial space while recognizing that the BD-1 zone is essential to the character of the Edmonds community. If at all possible, the City Council requests that suggested amendments to the interim zoning ordinance be proposed or a timeline suggested on the hearing date in order that such changes can be considered in the most expeditious manner consistent with the Planning Board’s schedule, appropriate public notice and meeting dates. {WSS701545.DOC;1/00006.900000/} - 1 - Packet Page 105 of 426 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: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS701545.DOC;1/00006.900000/} - 2 - Packet Page 106 of 426 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 2 OF ORDINANCE NO. 3691 IN ORDER TO INSERT A HEARING DATE, 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 ________________, 2008. CITY CLERK, SANDRA S. CHASE {WSS701545.DOC;1/00006.900000/}- 3 - Packet Page 107 of 426 {WSS701064.DOC;1/00006.900000/} - 1 - 0006.90000 WSS/gjz 7/17/08 ORDINANCE NO. 3691 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 16.43 BD (DOWNTOWN BUSINESS) BY ADDING A SECTION 16.43.035 TO CLARIFY AND SUPPLEMENT THE PROCEDURES APPLICABLE TO THE GROUND FLOOR REQUIREMENTS IN THE BD-1 ZONE, SETTING A PUBLIC HEARING DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Chapter 16.43 BD (Downtown Business) establishes requirements for the BD zones including BD-1; and WHEREAS, the intent of the Council as expressed in its legislative record and the plain wording of the chapter is to require that the ground floor of all developments in the BD-1 be devoted entirely to commercial uses and be no less than fifteen feet in height; and WHEREAS, a potential applicant for development in the BD-1 zone has requested clarification from the staff in the form of a code interpretation, and staff has affirmed the Council's intent and understanding; and WHEREAS, the City Council recognizes that substantial monies may be invested by property owners in reliance on their understanding of code provisions and wishes to provide clear guidance in line with its past intent, and what the City Council believes to be the clear, current language of the code as it relates to the BD-1 zone; and WHEREAS, the Growth Management Act, RCW 36.70A.390 authorizes the uses of an interim zoning ordinance where the City Council finds that the health, safety and welfare so require; and Packet Page 108 of 426 {WSS701064.DOC;1/00006.900000/} - 2 - WHEREAS, the City Council wishes to refer this matter to the Planning Board and encourages the Planning Board to work with property owners and citizens in the downtown area to review the existing code provisions and this interpretation, in order to make recommendations that would permit property owners to make profitable and efficient use of their properties while meeting the purposes and intent of the City’s Comprehensive Plan and the BD-1 zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Chapter 16.43 is hereby amended by the addition of a new subsection 16.43.035 Application of Requirements to the BD-1 Zone, as an interim zoning ordinance: 16.43.035 Application of requirements to the BD-1 zone. The application and interpretation of Chapter 16.43 BD Downtown Business to any development permit or application within the BD- 1 zone shall conform to the requirements of this section. These requirements are enacted in order to clarify the intent of the City Council and the application of existing language of the Code. In the event of conflict or ambiguity with any provision of this chapter, or the definition sections of the Community Development Code, these provisions shall control. The ground floor of the development in the BD-1 zone shall be devoted entirely to commercial uses as provided by the first sentence of ECDC 16.43.030(B)(3). The ground floor shall be no less than fifteen feet in height measured in accordance with ECDC 16.43.030. Except to the minimum extent necessary to exercise the rights granted pursuant to ECDC 16.43.030(B)(2)(b), the ground floor shall be in one plane, extending the entire width and breadth of the building. Section 2. In accordance with the requirements of RCW 36.70A.390, a public hearing shall be held on this matter on _____________, 2008 at 7:00 PM or as soon thereafter as the public may be heard. Such date is within sixty days of the adoption of this ordinance. Packet Page 109 of 426 {WSS701064.DOC;1/00006.900000/} - 3 - Section 3. The City Council refers this matter to the Planning Board for its review and recommendation. In addition to recommendations regarding the changes necessary to address this interim ordinance, the Planning Board is encouraged to work with property owners and citizens to make recommendations regarding how the purposes of the BD-1 zone and the Comprehensive Plan can be met while providing for the efficient and economically viable use of property in the BD-1 zone. The Planning Board is encouraged to consider and make recommendations regarding any change which would improve the economic viability of businesses which utilize the commercial space established and constructed pursuant to these provisions. Section 4. 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. This interim ordinance shall expire on its own terms six months after the effective date unless extended or repealed by action of the City Council. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER Packet Page 110 of 426 {WSS701064.DOC;1/00006.900000/} - 4 - FILED WITH THE CITY CLERK: 07/18/2008 PASSED BY THE CITY COUNCIL: 07/22/2008 PUBLISHED: 07/27/2008 EFFECTIVE DATE: 08/01/2008 ORDINANCE NO. 3691 Packet Page 111 of 426 {WSS701064.DOC;1/00006.900000/} - 5 - SUMMARY OF ORDINANCE NO. 3691 of the City of Edmonds, Washington On the 22nd day of July, 2008, the City Council of the City of Edmonds, passed Ordinance No. 3691. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 16.43 BD (DOWNTOWN BUSINESS) BY ADDING A SECTION 16.43.035 TO CLARIFY AND SUPPLEMENT THE PROCEDURES APPLICABLE TO THE GROUND FLOOR REQUIREMENTS IN THE BD-1 ZONE, SETTING A PUBLIC HEARING DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 23rd day of July, 2008. CITY CLERK, SANDRA S. CHASE Packet Page 112 of 426 AM-1687 4. Second Reading: Ordinance Granting A Nonexclusive Franchise To Verizon Northwest Inc. Edmonds City Council Meeting Date:07/29/2008 Submitted By:Stephen Clifton Time:10 Minutes Department:Community Services Type:Action Review Committee: Action: Information Subject Title Second Reading: An ordinance of the City of Edmonds, Washington granting a nonexclusive franchise to Verizon Northwest, Inc. to construct, maintain, operate and repair a cable system to provide cable services in, across, over, along, under, upon, through and below the public rights-of-way of the City of Edmonds; providing for severability and establishing an effective date. Recommendation from Mayor and Staff 1. Approve Ordinance #______ and adopt the proposed Cable Franchise Agreement between the City of Edmonds and Verizon Northwest Inc.; and 2. Authorize the Mayor to execute the proposed Franchise Agreement on behalf of the City. Previous Council Action On February 26, 2008, the City Council directed the City Attorney to continue with a schedule which outlined possible "Next Steps" regarding negotiations with Verizon. On March 25, 2008, the City Council authorized Mayor Haakenson to sign an Interlocal Agreement Consortium For Negotiation of Cable Television Franchising, in addition to preparing and executing a Consultant Agreement with River Oaks. On July 22, 2008, the City Council conducted a first reading and public hearing related to the proposed Cable Franchise Agreement between the City of Edmonds and Verizon Northwest Inc. Narrative Verizon Northwest Inc. (“Verizon”) seeks to provide cable television service, utilizing a Fiber to the Premise Telecommunications Network to City of Edmonds (“City”) residents, businesses and institutions in competition with the existing cable television operator serving the City. In order to do so, Verizon and the City must first execute a cable franchise agreement. As such, Verizon has requested, from the City, a franchise to operate and provide cable television service within incorporated areas of the City. Fiscal Impact Attachments Packet Page 113 of 426 Attachments Link: Exhibit 1 - Ordinance Link: Exhibit 2 - Franchise Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 10:10 AM APRV 2 Mayor Gary Haakenson 07/24/2008 11:16 AM APRV 3 Final Approval Sandy Chase 07/24/2008 01:30 PM APRV Form Started By: Stephen Clifton  Started On: 07/23/2008 05:22 PM Final Approval Date: 07/24/2008 Packet Page 114 of 426 0006.080052 ERZ 7/17/2008 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON GRANTING A NONEXCLUSIVE FRANCHISE TO VERIZON NORTHWEST, INC. TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CABLE SYSTEM TO PROVIDE CABLE SERVICES IN, ACROSS, OVER, ALONG, UNDER, UPON, THROUGH AND BELOW THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF EDMONDS; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds (the “City”) has negotiated a Franchise Agreement with Verizon Northwest, Inc. (“Verizon”), granting Verizon a franchise, authority, right and privilege for a period of fifteen (15) years to construct, maintain, operate and repair a cable system in the City, as set forth in the Franchise Agreement attached hereto, labeled Exhibit A and hereby incorporated by reference; and WHEREAS, Verizon has requested that the City grant it a new franchise for the provision of cable television services within the City; and WHEREAS, pursuant to RCW 35A.11.030 and 47 U.S.C. § 541(a)(1), the City has the power, among other things, to grant franchises; and WHEREAS, the City has analyzed and considered the technical ability, financial condition, legal qualifications, and general character of Verizon, warrants that all other conditions resulting from the grant of this Franchise have been considered by the City, and has determined that it is in the best interest of the City and its residents to grant a cable Franchise to Verizon; and WHEREAS, Verizon and the City have agreed to be bound by the conditions hereinafter set forth; NOW, THEREFORE, {ERZ699840.DOC;2/00006.080052/} 1 Packet Page 115 of 426 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Franchise Granted. Pursuant to RCW 35A.47.040, the City of Edmonds hereby grants a nonexclusive franchise to Verizon Northwest, Inc. according to the terms and conditions set forth on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full. Subject to the provisions therein, the term of the franchise shall be for a period of fifteen (15) years from the effective date of the franchise, as defined in Exhibit A, and shall grant Verizon the right, privilege and authority to construct, maintain, operate, and repair a cable system to provide cable services in, on, across, over, along, under, upon, through and below the public rights-of-way of the City of Edmonds, all as provided in Exhibit A. Section 2. Deadline for Acceptance. The franchise granted by Section 1 of this ordinance shall be void and of no effect unless Verizon files with the City Clerk written acceptance of the franchise and all of its terms and conditions within thirty (30) days after the Effective Date of this ordinance and in a form satisfactory to the City Attorney. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. Pursuant to RCW 35A.47.040, this ordinance has been passed at least five days after its first introduction and by a majority of the whole membership of the City Council at a regular meeting. This ordinance, being the exercise of a power specifically delegated to the City’s legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary consisting of the title. {ERZ699840.DOC;2/00006.080052/} 2 Packet Page 116 of 426 APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {ERZ699840.DOC;2/00006.080052/} 3 Packet Page 117 of 426 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, 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 GRANTING A NONEXCLUSIVE FRANCHISE TO VERIZON NORTHWEST, INC. TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CABLE SYSTEM TO PROVIDE CABLE SERVICES IN, ACROSS, OVER, ALONG, UNDER, UPON, THROUGH AND BELOW THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF EDMONDS; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2008. CITY CLERK, SANDRA S. CHASE {ERZ699840.DOC;2/00006.080052/} 4 Packet Page 118 of 426 CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF EDMONDS, WASHINGTON AND VERIZON NORTHWEST INC. 2008 Seattle-3435598.2 0010932-00119 Packet Page 119 of 426 TABLE OF CONTENTS ARTICLE PAGE 1. DEFINITIONS...................................................................................................................2 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS.......................................7 3. PROVISION OF CABLE SERVICE................................................................................9 4. SYSTEM OPERATION..................................................................................................11 5. SYSTEM FACILITIES ...................................................................................................11 6. EG SERVICES................................................................................................................12 7. FRANCHISE FEES.........................................................................................................14 8. CUSTOMER SERVICE..................................................................................................16 9. REPORTS AND RECORDS...........................................................................................16 10. INSURANCE AND INDEMNIFICATION....................................................................17 11. TRANSFER OF FRANCHISE........................................................................................19 12. RENEWAL OF FRANCHISE.........................................................................................20 13. ENFORCEMENT AND TERMINATION OF FRANCHISE........................................20 14. MISCELLANEOUS PROVISIONS................................................................................23 EXHIBIT A INITIAL SERVICE AREA ..................................................................................28 EXHIBIT B MUNICIPAL LOCATIONS AND SCHOOLS TO BE PROVIDED FREE CABLE SERVICE.................................................................................................29 EXHIBIT C REMITTANCE FORM.........................................................................................32 EXHIBIT D CUSTOMER SERVICE STANDARDS..............................................................33 EXHIBIT E PERFORMANCE BOND.....................................................................................43 Seattle-3435598.2 0010932-00119 ii Packet Page 120 of 426 THIS CABLE FRANCHISE AGREEMENT (the “Franchise” or “Agreement”) is entered into by and between the City of Edmonds, a duly organized City under the applicable laws of the State of Washington (the “City”) and Verizon Northwest Inc., a corporation duly organized under the applicable laws of the State of Washington (the “Franchisee”). WHEREAS, the City wishes to grant Franchisee a nonexclusive franchise to construct, install, maintain, extend and operate a cable communications system in the Franchise Area as designated in this Franchise; WHEREAS, the City is a “franchising authority” in accordance with Title VI of the Communications Act (see 47 U.S.C. § 522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to Washington State law and federal law; WHEREAS, Franchisee is in the process of installing a Fiber to the Premise Telecommunications Network (the “FTTP Network”) in the Franchise Area for the transmission of Non-Cable Services pursuant to authority granted by the state of Washington; WHEREAS, Franchisee intends to construct, install, maintain, and extend the FTTP Network pursuant to Title II of the Communications Act (see 47 U.S.C. § 201 et seq.), and has requested a cable franchise from the City to operate a Cable System over, under, and along the Public Rights-of-Way within the City’s jurisdiction, in accordance with Title VI of the Communications Act (see 47 U.S.C. § 521 et seq.); WHEREAS, the FTTP Network will occupy the Public Rights-of-Way within the City, and Franchisee desires to use portions of the FTTP Network once installed to provide Cable Services (as hereinafter defined) in the Franchise Area; WHEREAS, the City has identified the future cable-related needs and interests of the City and its community, has considered the financial, technical and legal qualifications of Franchisee, and has determined that Franchisee’s plans for its Cable System are adequate, in a full public proceeding affording due process to all parties; WHEREAS, the City desires to protect and manage the Public Rights-of-Way, require high standards of customer service, receive financial compensation relating to Franchisee’s use of the Public Rights-of-Way as provided by federal law, obtain educational and governmental channels, establish certain reporting and record access requirements, and provide for the future cable-related needs of its residents; WHEREAS, the City has found Franchisee to be financially, technically, and legally qualified to operate the Cable System; WHEREAS, the City has determined that the grant of a nonexclusive franchise to Franchisee is consistent with the public interest; and WHEREAS, the City and Franchisee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions. Seattle-3435598.2 0010932-00119 1 Packet Page 121 of 426 NOW, THEREFORE, in consideration of the City’s grant of a franchise to Franchisee, Franchisee’s promise to provide Cable Service to residents of the Franchise Area of the City pursuant to and consistent with the Communications Act (as hereinafter defined), pursuant to the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. DEFINITIONS Except as otherwise provided herein, the definitions and word usages set forth in the Communications Act (as hereinafter defined) are incorporated herein and shall apply in this Agreement. In addition, the following definitions shall apply: 1.1 Access Channel: A video Channel, which Franchisee shall make available to the City without charge for non-commercial Educational or Governmental use for the transmission of video programming as directed by the City. 1.1.1 Educational Access Channel: An Access Channel available for the use solely of the local schools (schools shall include any educational institution, public or private, but excluding home schools) in the Franchise Area. 1.1.2 Government Access Channel: An Access Channel available for the use solely of the City. 1.1.3 EG: Educational and Governmental. 1.2 Additional Service Area: Shall mean any such portion of the Service Area added pursuant to Section 3.1.3 of this Agreement. 1.3 Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with Franchisee. 1.4 Basic Service: Any service tier, which includes the retransmission of local television broadcast signals as well as the EG Channels required by this Franchise. 1.5 Cable Operator: Shall be defined herein as it is defined under section 602 of the Communications Act, 47 U.S.C. § 522(5), but does not include direct broadcast satellite providers. 1.6 Cable Service or Cable Services: Shall be defined herein as it is defined under section 602 of the Communications Act, 47 U.S.C. § 522(6). 1.7 Cable System or System: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7), meaning, “a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that Seattle-3435598.2 0010932-00119 2 Packet Page 122 of 426 serves only to retransmit the television signals of 1 or more television broadcast stations; (B) a facility that serves subscribers without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of this Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with section 653 of this title; or (E) any facilities of any electric utility used solely for operating its electric utility systems.” The Cable System shall be limited to the optical spectrum wavelength(s), bandwidth or future technological capacity that is used for the transmission of Cable Services directly to Subscribers within the Franchise/Service Area and shall not include the tangible network facilities of a common carrier subject, in whole or in part, to Title II of the Communications Act or of an Information Services provider. 1.8 Channel: Shall be defined herein as it is defined under section 602 of the Communications Act, 47 U.S.C. § 522(4). 1.9 City: The City of Edmonds or the lawful successor, transferee, or assignee thereof. 1.10 Communications Act: The Communications Act of 1934, as amended by, among other things, the Cable Communications Policy Act of 1984, the Cable Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as it may be further amended from time to time. 1.11 Control: The ability to exercise de facto or de jure control over day-to-day policies and operations or the management of Franchisee’s affairs. 1.12 FCC: The United States Federal Communications Commission or successor governmental entity thereto. 1.13 Fiber to the Premise Telecommunications Network (“FTTP Network”): The Franchisee’s network that transmits Non-Cable Services pursuant to the authority granted under the laws of the state of Washington and under Title II of the Communications Act (which Non- Cable Services are not subject to Title VI of the Communications Act), and that supports the Cable System. 1.14 Force Majeure: Force Majeure is an event or events reasonably beyond the ability of Franchisee to anticipate and control, such as: (a) severe or unusual weather conditions, fire, flood, or other acts of God, strikes, labor disturbances, lockouts, war or act of war (whether an actual declaration of war is made or not), insurrection, riots or act of a public enemy; (b) actions or inactions of any government instrumentality or public utility including condemnation, accidents for which Franchisee is not primarily responsible or work delays caused by waiting for other utility providers to service or monitor utility poles to which Franchisee’s FTTP Network is attached, and unavailability of materials and/or qualified labor to perform the work necessary; and Seattle-3435598.2 0010932-00119 3 Packet Page 123 of 426 (c) telephone network outages only when such outages are outside the control of Franchisee. 1.15 Franchise Area: The incorporated area (entire existing territorial limits) of the City and such additional areas as may be included in the corporate (territorial) limits of the City during the term of this Franchise. 1.16 Franchisee: Verizon Northwest Inc., and its lawful and permitted successors, assigns and transferees. 1.17 Gross Revenue: All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee and/or its Affiliates from the operation of the Cable System to provide Cable Service in the Service Area. Gross Revenue shall include but may not be limited to the following items so long as all other Cable Operators in the Service Area include the same in Gross Revenues for purposes of calculating franchise fees: (a) fees charged for Basic Service; (b) fees charged to Subscribers for any service tier other than Basic Service; (c) fees charged for premium Channel(s), e.g. HBO, Cinemax, or Showtime; (d) fees charged to Subscribers for any optional, per-channel, or per-program services; (e) charges for installation, additional outlets, relocation, disconnection, reconnection, and change-in-service fees for video or audio programming; (f) fees for downgrading any level of Cable Service programming; (g) fees for service calls; (h) fees for leasing of Channels; (i) rental of customer equipment, including converters (e.g. set top boxes, high definition converters, and digital video recorders) and remote control devices; (j) advertising revenue as set forth herein; (k) revenue from the sale or lease of access Channel(s) or Channel capacity; (l) revenue from the sale or rental of Subscriber lists; (m) revenues or commissions received from the carriage of home shopping channels; (n) fees for any and all music services that are deemed to be a Cable Service over a Cable System; Seattle-3435598.2 0010932-00119 4 Packet Page 124 of 426 (o) revenue from the sale of program guides; (p) late payment fees; (q) forgone revenue that Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value; (r) revenue from NSF check charges; (s) revenue received from programmers as payment for programming content cablecast on the Cable System; and (t) Franchise Fees hereunder. Advertising commissions paid to independent third parties shall not be deducted from advertising revenue included in Gross Revenue. Advertising revenue is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of Franchisee’s Subscribers within all areas covered by the particular advertising source as of the last day of such period, e.g., Franchisee sells two ads: Ad “A” is broadcast nationwide; Ad “B” is broadcast only within Washington. Franchisee has one hundred (100) Subscribers in the Franchise Area, five hundred (500) Subscribers in Washington, and one thousand (1,000) Subscribers nationwide. Gross Revenue as to the City from Ad “A” is ten percent (10%) of Franchisee’s revenue therefrom. Gross Revenue as to the City from Ad “B” is twenty percent (20%) of Franchisee’s revenue therefrom. Notwithstanding the foregoing, Gross Revenue shall not include: 1.17.1 Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System; 1.17.2 Bad debts written off by Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected; 1.17.3 Refunds, rebates or discounts made to Subscribers or other third parties; 1.17.4 Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, electronic bulletin board service, or similar online computer services; and any other revenues attributed by Franchisee to Non-Cable Services in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders, provided that if any such services are Cable Services at any future time pursuant to applicable law, revenues derived from such services shall be included in Gross Revenues; 1.17.5 Payments by Subscribers for merchandise purchased from any home shopping channel offered as part of the Cable Services; provided, however, that commissions or Seattle-3435598.2 0010932-00119 5 Packet Page 125 of 426 other compensation paid to Franchisee by such home shopping channel for the promotion or exhibition of products or services shall be included in Gross Revenue; 1.17.6 Revenues from the sale of Cable Services on the Cable System to a reseller, when the reseller pays the cable Franchise fees on the resale of Cable Services; 1.17.7 Any tax of general applicability imposed upon Franchisee or upon Subscribers by a city, state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes and non-cable franchise fees), provided however, as set forth in Section 1.17(t), Franchise Fees under this Agreement are included in Gross Revenues; 1.17.8 Any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue; 1.17.9 Sales of capital assets or sales of surplus equipment; 1.17.10 Reimbursement by programmers of marketing costs incurred by Franchisee for the introduction of new programming pursuant to a written marketing agreements; 1.17.11 Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing; 1.17.12 Any fees or charges collected from Subscribers or other third parties for EG Grant. 1.18 Information Services: Shall be defined herein as it is defined under Title I, Section 3 of the Communications Act, 47 U.S.C. §153(20). 1.19 Initial Service Area: The portion of the Franchise Area as outlined in Exhibit A. 1.20 Internet Access: Dial-up or broadband access service that enables Subscribers to access the Internet. 1.21 Non-Cable Services: Any service that does not constitute the provision of Video Programming directly to multiple Subscribers in the Franchise Area including, but not limited to, Information Services and Telecommunications Services. 1.22 Normal Operating Conditions: Those service conditions which are within the control of the Franchisee. Those conditions which are not within the control of the Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages (to the extent such outages are on non-Verizon networks or caused by Force Majeure), and severe or unusual weather conditions. Those conditions which are ordinarily Seattle-3435598.2 0010932-00119 6 Packet Page 126 of 426 within the control of the Franchisee include, but are not limited to, special promotions, pay-per- view events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable System. See 47 C.F.R. § 76.309(c)(4)(ii). 1.23 Person: An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. 1.24 Public Rights-of-Way: The surface and the area across, in, over, along, upon and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and boulevards, including, public utility easements and public lands and waterways (to the extent the City has authority to grant the use of such waterways) used as Public Rights-of-Way, as the same now or may thereafter exist, which are under the jurisdiction or control of the City. Public Rights-of-Way do not include the airwaves above a right-of-way with regard to cellular or other nonwire communications or broadcast services, nor do Public Rights-of-Way include real property owned in fee by the City unless such property is a public right-of-way. 1.25 Service Area: All portions of the Franchise Area where Cable Service is being offered, including the Initial Service Area and any Additional Service areas. 1.26 Service Date: The date that the Franchisee first provides Cable Service on a commercial basis directly to multiple Subscribers in the Franchise Area. The Franchisee shall memorialize the Service Date by notifying the City in writing of the same, which notification shall become a part of this Franchise. 1.27 Service Interruption: The loss of picture or sound on one or more cable channels. 1.28 Subscriber: A Person who lawfully receives Cable Service over the Cable System with Franchisee’s express permission. 1.29 Telecommunications Facilities: Franchisee’s existing Telecommunications Services and Information Services facilities and its FTTP Network facilities. 1.30 Telecommunications Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(46). 1.31 Title II: Title II of the Communications Act. 1.32 Title VI: Title VI of the Communications Act. 1.33 Video Programming: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(20). 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 2.1 Grant of Authority: Subject to the terms and conditions of this Agreement and the Communications Act, the City hereby grants the Franchisee the right to own, construct, operate and maintain a Cable System along the Public Rights-of-Way within the Franchise Area, in order Seattle-3435598.2 0010932-00119 7 Packet Page 127 of 426 to provide Cable Service. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this Agreement. 2.2 City’s Regulatory Authority: The parties recognize that Franchisee’s FTTP Network is being constructed and will be operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities for the provision of Non-Cable Services. The jurisdiction of the City over such Telecommunications Facilities is also governed by federal and state law, and the City shall not assert jurisdiction over Franchisee’s FTTP Network in contravention of those laws. Therefore, as provided in Section 621 of the Communications Act, 47 U.S.C. § 541, the City’s regulatory authority under Title VI of the Communications Act is not applicable to the construction, installation, maintenance, or operation of Franchisee’s FTTP Network to the extent the FTTP Network is constructed, installed, maintained, or operated for the purpose of upgrading and/or extending Verizon’s existing Telecommunications Facilities for the provision of Non-Cable Services. Nothing in this Agreement shall affect the City's authority, if any, to adopt and enforce lawful regulations with respect to Franchisee's Telecommunications Facilities in the Public Rights-of-Way. 2.3 Term: This Franchise shall become effective on _____, 2008 (the “Effective Date”). The Term of this Franchise shall be fifteen (15) years from the Effective Date unless the Franchise is earlier revoked as provided herein. 2.4 Grant Not Exclusive: The Franchise and the rights granted herein to use and occupy the Public Rights-of-Way to provide Cable Services shall not be exclusive, and the City reserves the right to grant other franchises for similar uses or for other uses of the Public Rights- of-Way, or any portions thereof, to any Person, or to make any such use themselves, at any time during the term of this Franchise. Any such rights which are granted shall not adversely impact the authority as granted under this Franchise. 2.5 Franchise Subject to Federal and State Law: Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of federal law and state law as they may be amended, including but not limited to the Communications Act and any applicable rules, regulations, and orders of the FCC, as amended. 2.6 No Waiver: 2.6.1 The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this Franchise, the Communications Act or any other applicable state or federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the City nor to excuse Franchisee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 2.6.2 The failure of Franchisee on one or more occasions to exercise a right under this Franchise or applicable law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or of performance of this Agreement, nor shall it excuse the City from performance, unless such right or performance has been specifically waived in writing. Seattle-3435598.2 0010932-00119 8 Packet Page 128 of 426 2.7 Construction of Agreement: 2.7.1 The provisions of this Franchise shall be liberally construed to effect their objectives. 2.7.2 Nothing herein shall be construed to limit the scope or applicability of Section 625 of the Communications Act, 47 U.S.C. § 545. 2.8 Police Powers: In executing this Franchise Agreement, the Franchisee acknowledges that its rights hereunder are subject to the lawful police powers of the City. Franchisee agrees to comply with all lawful and applicable general laws and ordinances enacted by the City pursuant to such power. Nothing in the Franchise shall be construed to prohibit the reasonable, necessary and lawful exercise of the City’s police powers. However, if the reasonable, necessary and lawful exercise of the City’s police power results in any material alteration of the terms and conditions of this Franchise, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on the Franchisee of the material alteration. Any modifications shall be in writing and signed by both parties. If the parties cannot reach agreement on the above-referenced modification to the Franchise, the parties agree to submit the matter to mediation. The matter submitted to mediation shall be limited to what effect, if any, the City’s exercise of police powers has on the terms of the Franchise. In the event mediation does not result in an agreement, then the Franchisee may terminate this Agreement without further obligation to the City or, at Franchisee’s option, the parties agree to submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (but not necessarily administered by the American Arbitration Association) or as otherwise mutually agreed by the parties. The matter submitted to arbitration shall be limited to what effect, if any, the City’s exercise of police powers has on the terms of the Franchise. Nothing in this provision shall require the City to pay for the relocation of Telecommunications Facilities. Such matters are outside the scope of this provision and both parties reserve their rights with respect to such matters. 2.9 Termination of Telecommunications Services. Notwithstanding any other provision of this Agreement, if Franchisee ceases to provide Telecommunications Services over the FTTP Network at any time during the Term and is not otherwise authorized to occupy the Public Rights-of-Way in the Franchise Area, the City may regulate the FTTP Network as a cable system to the extent permitted by Title VI. 3. PROVISION OF CABLE SERVICE 3.1 Service Area: 3.1.1 Initial Service Area: Franchisee shall offer Cable Service to significant numbers of Subscribers in residential areas of the Initial Service Area and may make Cable Service available to businesses in the Initial Service Area, within twelve (12) months of the Service Date of this Franchise, and shall offer Cable Service to all residential areas in the Initial Service Area within thirty-six (36) months of the Service Date of the Franchise, except: (A) for periods of Force Majeure; (B) for periods of delay caused by the City; (C) for periods of delay Seattle-3435598.2 0010932-00119 9 Packet Page 129 of 426 resulting from Franchisee’s inability to obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E) in areas, developments or buildings where Franchisee cannot access under reasonable terms and conditions after good faith negotiation, as determined by Franchisee; and (F) in developments or buildings that Franchisee is unable to provide Cable Service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis; and (G) in areas where the occupied residential household density does not meet the density requirements set forth in Section 3.1.2. 3.1.2 Density Requirement: Franchisee shall make Cable Services available to residential dwelling units in all areas of the Service Area where the average density is equal to or greater than thirty (30) residential dwelling units per mile, as measured in strand footage from the nearest technically feasible point on the active FTTP Network trunk or feeder line. Should, through new construction, an area within the Initial Service Area meet the density requirements after the time stated for providing Cable Service as set forth in Sections 3.1.1 and 3.1.2 respectively, Franchisee shall provide Cable Service to such area within twelve (12) months of receiving notice from the City that the density requirements have been met. 3.1.3 Additional Service Areas: Except for the Initial Service Area Franchisee shall not be required to extend its Cable System or to provide Cable Services to any other areas within the Franchise Area during the term of this Franchise or any Renewals thereof except as set forth in this Section 3.1.3. The parties agree that if any land is annexed by the City during the term of this Agreement, such annexed areas shall become part of the Franchise Area and Franchisee shall be required to extend Cable Service within a reasonable time to such annexed area (subject to the exceptions in Section 3.1.1 above), provided that such annexed area: (a) is contiguous to the City, (b) is within Franchisee’s Title II service territory, and (c) is served by the video-enabled FTTP Network. If Franchisee intends to serve Additional Service Areas within the Franchise Area, Franchisee shall notify the City in writing of such Additional Service Area at least ten (10) days prior to providing Cable Services in such areas. 3.2 Availability of Cable Service: Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Service Area in conformance with Section 3.1 and Franchisee shall not discriminate between or among any individuals in the availability of Cable Service. Franchisee shall not deny access to Cable Services to any group of potential residential Subscribers because of the income of the residents of the local area in which the group resides. In the areas in which Franchisee shall provide Cable Service, Franchisee shall be required to connect, at Franchisee’s expense, other than a standard installation charge, all residential dwelling units that are within one hundred fifty (150) feet of trunk or feeder lines not otherwise already served by Franchisee’s FTTP Network. Franchisee shall be allowed to recover, from a Subscriber that requests such connection, actual costs incurred for residential dwelling unit connections that exceed one hundred fifty (150) feet and actual costs incurred to connect any non-residential Subscriber. 3.3 Complimentary Cable Service to Public Buildings: Subject to Section 3.1, Franchisee shall provide without charge within the Service Area, one service outlet (unless otherwise specified in Exhibit B) activated for Basic Service to each public school, police and fire station, public library, government offices, and other buildings used for government Seattle-3435598.2 0010932-00119 10 Packet Page 130 of 426 administration as may be designated by the City, and also required of other cable operators in the Service Area, as provided in Exhibit B; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than one hundred fifty (150) feet solely to provide service to any such school or public building, the City or other appropriate entity shall have the option either of paying Franchisee’s direct costs for such extension in excess of one hundred fifty (150) feet, or of releasing Franchisee from the obligation to provide service to such building. Furthermore, Franchisee shall be permitted to recover, from any school or other public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet or concealed inside wiring, or a service outlet requiring more than one hundred fifty (150) feet of drop cable; provided, however, that Franchisee shall charge for the provision of Basic Service to the additional service outlets once installed. Cable Service may not be resold or otherwise used in contravention of Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen, or damaged due to the negligence or other wrongful acts of the City. 4. SYSTEM OPERATION As provided in Section 2.2, the parties recognize that Franchisee’s FTTP Network is being constructed and will be operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities. The jurisdiction of the City over such Telecommunications Facilities is restricted by federal and state law, and the City does not and will not assert jurisdiction over Franchisee’s FTTP Network in contravention of those limitations. 5. SYSTEM FACILITIES 5.1 Technical Requirement: Franchisee shall operate, maintain, construct and extend the Cable System so as to provide high quality signals and reliable delivery of Cable Services for all cable programming services. The Cable System shall meet or exceed any and all applicable technical performance standards of the FCC, the National Electrical Safety Code, the National Electrical Code and any other applicable federal law and the laws of the State of Washington to the extent not in conflict with federal law and regulations. 5.2 System Characteristics: Franchisee’s Cable System shall meet or exceed the following requirements: 5.2.1 The System shall be designed with an initial digital carrier passband between fifty (50) and eight hundred sixty (860) MHz. 5.2.2 The System shall be designed, constructed and maintained to be an active two-way plant for subscriber interaction, if any, required for selection or use of Cable Service. 5.3 Interconnection: The Franchisee shall design its Cable System so that it may be interconnected with other cable systems in the Franchise Area. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods. Seattle-3435598.2 0010932-00119 11 Packet Page 131 of 426 5.4 Emergency Alert System: Franchisee shall comply with the Emergency Alert System (“EAS”) requirements of the FCC and state law in order that emergency messages may be distributed over the System in video and audio formats as required by state and federal law. 6. EG SERVICES 6.1 Access Channels: 6.1.1 In order to ensure availability of educational and government programming, Franchisee shall provide, without charge to the City, on the Basic Service Tier one (1) dedicated Government Access Channel and one (1) shared Educational and Government Access Channel, and Franchisee shall reserve on its Basic Service Tier for the City’s future use one (1) additional dedicated Channel for Educational Access and one (1) additional dedicated Channel for Government Access (the “Reserve Channels”) (collectively, “Access Channels”). 6.1.2 The parties agree that Franchisee shall retain the right to utilize all such Access Channels, in its sole discretion, during the term of this Franchise until such time that Franchisee activates the City’s Access Channels pursuant to Section 6.1 and/or if the City ceases to use the Access Channels during the Term of this Agreement. The City shall comply with applicable law regarding the use of EG Channels. Franchisee shall only be required to provide the Reserve Channels so long as the other Cable Operators in the Franchise Area are also providing similar channels. 6.1.3 Upon the signing of this Agreement, the City hereby notifies Franchisee of its intent to provide programming to be carried on the Government and Educational Access Channels; such notification shall constitute authorization to the Franchisee to transmit such programming within and outside of the City. 6.1.4 The City may activate a Reserve Channel during the Term by providing the Franchisee with written notice of the need for additional Access Channel capacity at least one hundred eighty (180) days prior to the date it intends to activate a Reserve Channel, demonstrated by a programming schedule for EG programming on the existing Government or shared Educational and Government Access Channels, as applicable, consisting of at least six (6) hours per day, which programming for purposes of this calculation shall not include repeat programming generated per day or character-generated programming. Such written notice shall authorize the Franchisee to transmit the Reserve Channel within and outside of the City. 6.1.5 The Franchisee specifically reserves the right to make or change channel assignments in its sole discretion and shall provide notice of such changes as set forth in the Customer Service Standards, Exhibit D, Sections 10.E and 10.G.4. The Access Channels shall be used for community programming related to Educational and/or Governmental activities. The City shall have complete control over the content, scheduling, and administration of the Access Channels and may delegate such functions, or a portion of such functions, to an appropriate designee upon written notice from the City to Franchisee. The Franchisee shall not exercise any editorial control over Access Channel programming. 6.1.6 The City shall provide and ensure suitable video and audio signals for the Access Channels at the Public Safety Building (250 5th Avenue North, Edmonds, WA 98020) Seattle-3435598.2 0010932-00119 12 Packet Page 132 of 426 for the Government Access Channel and at the Edmonds Community College (20000 68th Ave. West, Lynnwood, WA 98036) for the shared Educational and Government Access Channel; and subject to written notification pursuant to Section 6.1.4, the City shall provide and ensure suitable video and audio signals for the Reserve Channels at a single mutually agreeable location (all together, the “EG Origination Sites”). The Franchisee’s obligations under this Section 6.1, including its obligation to provide upstream equipment, lines and facilities necessary to transmit those video and audio signals, shall be subject to the provision by the City, to the extent applicable and without charge to the Franchisee, of: (1) access to the EG Channel Origination Site facility; (2) access to any required EG equipment within the EG Channel Origination Site facility and suitable required space, environmental conditions, electrical power supply, access, and pathways within the EG Channel Origination Site facility; (3) video and audio signals in a mutually agreed upon format suitable for EG Access Channel programming; (4) any third-party consent that may be necessary to transmit EG signals (including, without limitation, any consent that may be required with respect to third- party facilities, including the facilities of the incumbent cable provider, used to transmit EG content to the EG Channel Origination Site from auxiliary locations); and (5) any other cooperation and access to facilities as are reasonably necessary for the Franchisee to fulfill the obligations stated herein. To the extent suitable video and audio signals are provided to Franchisee and the foregoing conditions in Section 6.1 are met, Franchisee shall, within one hundred eighty (180) days of written notice or provision of suitable video and audio signals, whichever is later, provide, install, and maintain in good working order the equipment necessary for transmitting the EG signal to Subscribers. 6.2 EG Grant: 6.2.1 Franchisee shall provide a grant to the City, or its designee (as evidenced by appropriate notice by the City), to be used in support of the production of local EG programming (the “EG Grant”). Such grant shall be used by the City for EG access equipment, including, but not limited to, studio and portable production equipment, editing equipment and program playback equipment, or for renovation or construction of EG access facilities. 6.2.2 If during the Term of this Franchise, all other Cable Operator(s) in the Franchise Area begin to provide an EG Grant on a per subscriber per month basis, Franchisee agrees to match the EG Grant in the amount of up to $0.35 per Subscriber, per month. Subsequently, such amount can be modified as determined by the City Council no more than once each year and the EG Grant shall be no greater than $1.00, per Subscriber, per month, and shall be the same amount required of all other Cable Operators in the Franchise Area. Franchisee’s obligation under this Section 6.2.2. is contingent upon all other Cable Operators making the same grant payment on a per Subscriber, per month basis. The City shall give Seattle-3435598.2 0010932-00119 13 Packet Page 133 of 426 Franchisee sixty (60) days prior written notice before changing the amount of the EG Grant under this Section. The EG Grant payment, shall be delivered to the City concurrent with the Franchise Fee payment. 6.2.3 The Franchisee shall provide to the City an initial EG Grant in the amount of Ten Thousand Dollars ($10,000) within ninety (90) days of the Effective Date. Such amount is competitively equitable to the grant made by the incumbent Cable Operator to the City. 6.2.4 The City shall provide Franchisee with a complete accounting annually of the distribution of funds granted pursuant to this Section 6.2. 6.3 The City shall require all local producers and users of any of the EG facilities or Channels to agree in writing to authorize Franchisee to transmit programming consistent with this Agreement and to defend and hold harmless Franchisee and the City, from and against any and all liability or other injury, including the reasonable cost of defending claims or litigation, arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owed to third parties by the producer or user; and for any other injury or damage in law or equity, which result from the use of a EG facility or Channel. The City shall establish rules and regulations for use of EG facilities, consistent with, and as required by, 47 U.S.C. § 531. 6.4 To the extent permitted by federal law, the Franchisee shall be allowed to recover the costs of an EG Grant or any other costs arising from the provision of EG services from Subscribers and to include such costs as a separately billed line item on each Subscriber’s bill. 7. FRANCHISE FEES 7.1 Payment to City: Franchisee shall pay to the City a Franchise fee of five percent (5%) of annual Gross Revenue (“Franchise Fee”). In accordance with Title VI of the Communications Act, the twelve-month (12) period applicable under the Franchise for the computation of the Franchise Fee shall be a calendar year. Such payments shall be made no later than forty-five (45) days following the end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that were inadvertently omitted, and shall be refunded any payments that were incorrectly submitted, in connection with the quarterly Franchise Fee remittances within ninety (90) days following the close of the calendar year for which such payments were applicable. 7.2 Supporting Information: Each Franchise Fee payment shall be accompanied by a brief report that is verified by a financial manager of Franchisee showing the basis for the computation, substantially similar to that set forth in Exhibit D. No later than forty-five (45) days after the end of each calendar year, Franchisee shall furnish to the City an annual summary of Franchise Fee calculations. Seattle-3435598.2 0010932-00119 14 Packet Page 134 of 426 7.3 Limitation on Franchise Fee Actions: The parties agree that the period of limitation for recovery of any Franchise Fee payable hereunder shall be four (4) years from the date on which payment by Franchisee is due. 7.4 Interest Charge on Late Payments: Late payments for any (i) Franchise Fees due pursuant to Section 7, (ii) EG Grant due pursuant to Section 6, (iii) Franchise Grant due pursuant to Section 14, and (iv) liquidated damages due pursuant to Section 13 shall be subject to the interest at the then-current rate set forth in RCW 19.52.020, which as of the date of execution of this Agreement is twelve percent (12%) per annum from the due date to the date that such payment is made. 7.5 No Release: The City’s acceptance of payment shall not be construed as an agreement that the amount paid was correct, nor shall acceptance be construed as a release of any claim which the City may have for additional sums due under provisions of this Section 7. 7.6 No Limitation on Taxing Authority: Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee, or assessment of general applicability. Nothing in this Franchise is intended to preclude Franchisee from exercising any right it may have to challenge the lawfulness of any tax, fee, or assessment imposed by the City or any state or federal agency or authority, or intended to waive any rights the Franchisee may have under 47 U.S.C. § 542. 7.7 EG Grant and Franchise Grant Not Franchise Fees: Franchisee agrees that the EG Grant and Franchise Grant set forth in Sections 6 and 14 respectively, shall in no way modify or otherwise affect Franchisee’s obligation to pay Franchise Fees to the City. Franchisee agrees that although the sum of Franchise Fees and the EG Grant and Franchise Grant may total more than five percent (5%) of Franchisee’s Gross Revenues in any twelve-month (12) period, the additional commitments are not to be offset or otherwise credited in any way against any Franchise Fee payments under this Franchise. 7.8 Audits: 7.8.1 The parties shall make every effort to informally consult and resolve any questions or issues regarding Franchise Fee or EG Grant payments and nothing herein shall be construed to preclude such informal consultations or review of Franchisee’s books. The City may audit or conduct a Franchise Fee review of Franchisee's books and records no more than once every three (3) years during the Term, provided that the City shall require all other Cable Operators in the Franchise Area to be subject to competitively equitable audit requirements in any renewal or initial granting of such franchises after the Effective Date. 7.8.2 All records reasonably necessary for any such audit shall be made available by Franchisee to the City within thirty (30) days of the City’s request. 7.8.3 Each party shall bear its own costs of an audit; provided, however, that if the results of any audit indicate that Franchisee underpaid the Franchise Fees by five percent (5%) or more, then Franchisee shall pay the reasonable, documented, out-of-pocket costs of the audit up to Fifteen Thousand Dollars ($15,000). Seattle-3435598.2 0010932-00119 15 Packet Page 135 of 426 7.8.4 If the results of an audit indicate an overpayment of Franchise Fees, the parties agree that any undisputed overpayment shall be offset against future payments if applicable, within forty-five (45) days. If the results of an audit indicate an underpayment of Franchise Fees, the parties agree that any undisputed underpayment shall be paid within forty- five (45) days along with interest as set forth in Section 7.4. 7.8.5 Any audit shall be conducted by an independent third party. Any entity employed by the City that performs the audit or Franchise Fee review shall not be permitted to be compensated on a success based formula, e.g. payment based on an underpayment of fees, if any. 7.9 Bundled Services: If Cable Services subject to the Franchise Fee required under this Article 7 are provided to Subscribers in conjunction with Non-Cable Services, the Franchise Fee shall be applied only to the value of the Cable Services, as reflected on the books and records of Franchisee in accordance with applicable federal or state laws, rules, and regulations, or Washington Utilities and Trade Commission regulations, standards or orders. Franchisee shall not allocate revenue between Cable Services and Non-Cable Services with the purpose of evading or substantially reducing the Franchisee’s Franchise Fee obligations to the City. 7.10 Alternative Fees: In the event that Franchise Fees are prohibited by any law or regulation, Franchisee agrees to pay any substitute fee or amount allowed by law up to a maximum amount of five percent (5%) of Gross Revenues, so long as the substitute fee is imposed on all other Cable Operators in the Franchise Area and Franchisee is given thirty (30) days notice of the substitute fee by the City. 8. CUSTOMER SERVICE Customer Service Requirements are set forth in Exhibit D, which shall be binding unless amended by written consent of the parties. 9. REPORTS AND RECORDS 9.1 Open Books and Records: Upon reasonable written notice to the Franchisee and with no less than thirty (30) business days written notice to the Franchisee, the City shall have the right to inspect Franchisee’s books and records pertaining to Franchisee’s provision of Cable Service in the Franchise Area at any time during normal business hours (those hours during which most similar businesses in the community are open to serve customers) and on a nondisruptive basis, at a mutually agreed upon location in the Franchisee’s Title II territory in Washington, as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the section of the Franchise which is under review, so that Franchisee may organize the necessary books and records for appropriate access by the City. Franchisee shall not be required to maintain any books and records for Franchise compliance purposes longer than six (6) years, provided that if, as a result of reviewing Franchisee’s records, the City identifies specific records and requests that such records be retained beyond the six-year (6) period, Franchisee shall retain those records for an additional twelve (12) months. Notwithstanding anything to the contrary set forth herein, Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor Seattle-3435598.2 0010932-00119 16 Packet Page 136 of 426 disclose any of its or an Affiliate’s books and records not relating to the provision of Cable Service in the Service Area. The City shall treat any information disclosed by Franchisee as confidential and only disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof, unless otherwise required by law whereupon the City will notify Franchisee pursuant to Section 9.2. Franchisee shall not be required to provide Subscriber information in violation of section 631 of the Communications Act, 47 U.S.C. § 551. 9.2 Public Disclosure: If, in the course of enforcing this Franchise or for any other reason, the City believes it must disclose any Franchisee confidential information pursuant to Washington law, the City shall provide reasonable advance notice of such disclosure so that Franchisee can take appropriate steps to protect its interests. 9.3 Records Required: Franchisee shall at all times maintain: 9.3.1 Records of all written complaints for a period of three (3) years after receipt by Franchisee. The term “complaint” as used herein refers to complaints about any aspect of the Cable System or Franchisee’s cable operations, including, without limitation, complaints about employee courtesy. Complaints recorded will not be limited to complaints requiring an employee service call; 9.3.2 Records of outages for a period of three (3) years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; 9.3.3 Records of service calls for repair and maintenance for a period of three (3) years after resolution by Franchisee, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; 9.3.4 Records of installation/reconnection and requests for service extension for a period of three (3) years after the request was fulfilled by Franchisee, indicating the date of request, date of acknowledgment, and the date and time service was extended; and 9.3.5 A map showing the area of coverage for the provisioning of Cable Services and estimated timetable to commence providing Cable Service. 10. INSURANCE AND INDEMNIFICATION 10.1 Insurance: 10.1.1 Franchisee shall maintain in full force and effect, at its own cost and expense, during the Franchise Term, the following insurance coverage: 10.1.1.1 Commercial General Liability Insurance in the amount of two million dollars ($2,000,000) combined single limit for property damage and bodily injury. Such Seattle-3435598.2 0010932-00119 17 Packet Page 137 of 426 insurance shall cover the construction, operation and maintenance of the Cable System and the conduct of Franchisee’s Cable Service business in the City. 10.1.1.2 Automobile Liability Insurance in the amount of two million dollars ($2,000,000) combined single limit for bodily injury and property damage. 10.1.1.3 Workers’ Compensation Insurance meeting all legal requirements of the state of Washington. 10.1.1.4 Employers’ Liability Insurance in the following amounts: (A) Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000 employee limit; and (C) Bodily Injury by Disease: $2,000,000 policy limit. 10.1.1.5 Umbrella or excess liability insurance in the amount of three million dollars ($3,000,000). 10.1.2 The City shall be included as an additional insured under each of the insurance policies required in this Article 10 except Worker’s Compensation and Employer’s Liability Insurance. Franchisee shall provide to the City a copy of the blanket additional insured endorsements for General and Auto liability, or similar documentation demonstrating compliance. Receipt by an the City of any certificate showing less coverage than required is not a waiver of Franchisee’s obligations to fulfill the requirements. 10.1.3 Each of the required insurance policies shall be with insurers qualified to do business in the State of Washington with an A.M. Best Financial Strength rating of A- or better. 10.1.4 Franchisee shall not cancel any required insurance policy without obtaining alternative insurance in conformance with this Agreement. In the event that the insurance company cancels the policy, Franchisee will work diligently to obtain replacement insurance so there is no gap in coverage. 10.1.5 Franchisee shall deliver to the City Certificates of Insurance showing evidence of the required coverage within thirty (30) days following the Effective Date of this Agreement. 10.1.6 The limits required above may be satisfied with a combination of primary and excess coverage. 10.2 Indemnification: 10.2.1 Franchisee agrees to indemnify, save and hold harmless, and defend the LFA, its elected officials, officers, agents, boards and employees, from and against any liability, damages or claims, settlements approved by Franchisee pursuant to Section 10.2.2 or judgments, arising out of, or resulting from, the Franchisee’s activities pursuant to this Franchise, provided that the LFA shall give Franchisee written notice of its obligation to indemnify the LFA within ten (10) days of receipt of a claim or action pursuant to this Section, (or up to thirty (30) days as long as such notice causes no prejudice to the Franchisee). Notwithstanding the foregoing, Seattle-3435598.2 0010932-00119 18 Packet Page 138 of 426 Franchisee shall not indemnify the LFA, for any damages, liability or claims resulting from the willful misconduct, negligence, or breach of obligation of the LFA, its officers, agents, employees, attorneys, consultants, or independent contractors, for which the LFA is legally responsible, or for any activity or function conducted by any Person other than Franchisee in connection with EG Access or EAS. 10.2.2 With respect to Franchisee’s indemnity obligations set forth in Section 10.2.1, Franchisee shall provide the defense of any claims or actions brought against the City by selecting counsel of Franchisee’s choice to defend the claim, subject to the consent of the City, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the City from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with the City, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of the City, and the third party is willing to accept the settlement, but the City does not consent to the terms of any such settlement or compromise, Franchisee shall not settle the claim or action but its obligation to indemnify the City shall in no event exceed the amount of such settlement. 11. TRANSFER OF FRANCHISE 11.1 Transfer of the Franchise means: 11.1.1 Any transaction in which: 11.1.1.1 an ownership or other interest in Franchisee, the Franchise or the Cable System is transferred, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that Control of Franchisee is transferred; or 11.1.1.2 the rights held by Franchisee under the Franchise are transferred or assigned to another Person or group of Persons. 11.1.2 However, notwithstanding Sections 11.1.1.1 and 11.11.1.2 above, a Transfer of the Franchise shall not include transfer of an ownership or other interest in Franchisee to the parent of Franchisee or to another Affiliate of Franchisee; transfer of an interest in the Franchise or the rights held by the Franchisee under the Franchise to the parent of Franchisee or to another Affiliate of Franchisee; any action which is the result of a merger of the parent of the Franchisee; or any action which is the result of a merger of another Affiliate of the Franchisee. 11.2 Subject to section 617 of the Communications Act, 47 U.S.C. § 537, no Transfer of the Franchise shall occur without the prior written consent of the City, provided that such consent shall not be unreasonably withheld, delayed or conditioned so long as the transferee assumes the obligations of the Franchisee hereunder. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, or interest of the Franchisee in the Franchise or Cable System in order to secure indebtedness, or otherwise for transactions otherwise excluded under Section 11.1.2 above. Seattle-3435598.2 0010932-00119 19 Packet Page 139 of 426 12. RENEWAL OF FRANCHISE 12.1 The City and Franchisee agree that any proceedings undertaken by the City that relate to the renewal of this Franchise shall be governed by and comply with the provisions of section 626 of the Communications Act, 47 U.S.C. § 546. 12.2 In addition to the procedures set forth in said section 626 of the Communications Act, the City shall notify Franchisee of all of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of Franchisee under the then-current Franchise term. The City further agrees that such assessments shall be provided to Franchisee promptly so that Franchisee has adequate time to submit a proposal under 47 U.S.C. § 546 and pursue renewal of the Franchise prior to expiration of its term. 12.3 Notwithstanding anything to the contrary set forth herein, Franchisee and the City agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, the City and Franchisee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and the City may grant a renewal thereof. 12.4 Franchisee and the City consider the terms set forth in this Article 12 to be consistent with the express provisions of 47 U.S.C. § 546. 13. ENFORCEMENT AND TERMINATION OF FRANCHISE 13.1 Security: Within thirty (30) days following the Effective Date of this Agreement, Franchisee shall provide to the City security for the faithful performance by Franchisee of all material provisions of this Agreement, provided that the City shall require all other Cable Operators in the Franchise Area to provide competitively equitable security in any renewal or initial granting of such franchises after the Effective Date. Franchisee shall maintain the Security at Twenty-Five Thousand Dollars ($25,000) throughout the term of this Agreement. The form of the security may, at Franchisee’s option, be a performance bond, letter of credit, cash deposit, cashier’s check or any other security acceptable to the City (the “Security”). Nothing in this security provision is intended to impair or alter any Title II security fund rights. 13.1.1 If the Franchisee posts a performance bond, it shall be substantially in the form of Exhibit E. 13.1.2 In the event the Security provided pursuant to the Agreement is not renewed, is cancelled, is terminated or is otherwise impaired, Franchisee shall provide new security pursuant to this Article within sixty (60) days of notice. 13.1.3 Neither cancellation, nor termination nor refusal by surety to extend the bond, nor inability of Franchisee to file a replacement bond or replacement security for its obligations, shall constitute a loss to the City recoverable under the bond. 13.2 Liquidated Damages: Seattle-3435598.2 0010932-00119 20 Packet Page 140 of 426 13.2.1 In the event the City determines that Franchisee has breached this Agreement, after following the procedures in Sections 13.3 and 13.4, the City may assess the following as liquidated damages, provided that the City shall require all other Cable Operators in the Franchise Area to be subject to competitively equitable liquidated damages in any renewal or initial granting of such franchises after the Effective Date: 13.2.1.1 Two hundred fifty dollars ($250) per day for failure to provide EG Access Channels as set forth herein; 13.2.1.2 One hundred fifty dollars ($150) per day for material breach of the customer service standards set forth in Exhibit D; 13.2.1.3 One hundred dollars ($100) per day for failure to provide reports as required by the Franchise; or 13.2.1.4 Up to two hundred fifty dollars ($250) per day for any other material breaches or defaults of this Agreement. 13.2.2 Franchisee shall pay any liquidated damages assessed by the City within thirty (30) days after they are assessed. Liquidated damages shall accrue starting on the first date of the occurrence of the noncompliance. If liquidated damages are not paid within the thirty (30) day period, the City may proceed against the Security. Total liquidated damages shall not exceed Twenty-Five Thousand Dollars ($25,000) in any twelve-month (12) period. 13.2.3 Assessment of liquidated damages shall not constitute a waiver by the City of any other right or remedy it may have under this Franchise or applicable law except as set forth in this Agreement, including without limitation its right to recover from Franchisee such additional damages, losses, costs and expenses, as may have been suffered or incurred by the City by reason of or arising out of such breach of this Franchise. Notwithstanding the foregoing, if the City elects to assess liquidated damages pursuant to this Section, such election shall constitute the City’s exclusive remedy for the violation for which the liquidated damages were assessed for a period of sixty (60) days. Thereafter, the remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another remedy, or the exercise of any rights of the City at law or equity, provided that the cumulative remedies may not be disproportionate to the magnitude and severity of the breach for which they are imposed. 13.2.4 Subject to Sections 13.3 and 13.4, and subject to the assessment of any liquidated damages pursuant to Section 13.2, the City may elect to pursue other legal and equitable remedies at any time during the term of this Franchise. 13.3 Notice of Violation: In the event the City believes that Franchisee has not complied with the terms of the Franchise, failed to perform any obligation under this Agreement or has failed to perform in a timely manner, the City shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution of the problem within twenty (20) days, the City shall notify Franchisee in writing, stating with reasonable specificity the nature of the alleged violation (the “Noncompliance Notice”). Seattle-3435598.2 0010932-00119 21 Packet Page 141 of 426 13.4 Franchisee’s Right to Cure or Respond: Franchisee shall have thirty (30) days from receipt of the Noncompliance Notice to: (i) respond to the City, if Franchisee contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature, such noncompliance cannot be cured within such thirty (30) day period, initiate reasonable steps to remedy such noncompliance and notify the City of the steps being taken and the date by which cure is projected to be completed. Upon cure of any noncompliance, the City shall provide written confirmation that such cure has been effected. 13.5 Remedies: Subject to applicable federal and state law, in the event the City, after the procedures set forth in Sections 13.3 and 13.4, determines that Franchisee is in default of any material provision of this Franchise, the City may take the following actions: 13.5.1 Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; 13.5.2 Seek liquidated damages as set forth herein; 13.5.3 Commence an action at law for monetary damages or seek other equitable relief; 13.5.4 In the case of a substantial material default of the Franchise, seek to revoke the Franchise in accordance with Section 13.6. 13.6 Revocation: 13.6.1 As set forth in this Section 13.6, the City may seek to revoke this Franchise in the event of a substantial material default of this Franchise. Should the City seek to revoke this Franchise after following the procedures set forth in Sections 13.3 and 13.4, the City shall give written notice to Franchisee of such intent to revoke this Franchise. This notice of intent to revoke is in addition to the Notice of Noncompliance pursuant to Section 13.3. The notice shall set forth with reasonable specificity the reasons for revocation. The Franchisee shall have thirty (30) days to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from Franchisee, it may then seek termination of the Franchise at a public hearing. The City shall notify the Franchisee in writing of the time and place of the public hearing at least thirty (30) days prior to the public hearing. 13.6.2 At the revocation hearing, Franchisee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to compel the testimony of persons as permitted by law, and to question and/or cross examine witnesses. The revocation hearing shall be a public hearing at which members of the public may testify under oath. A complete verbatim record shall be made of the revocation hearing by a court reporter. The costs of such court reporter shall be shared equally by the parties. 13.6.3 Following the public hearing, Franchisee may submit its proposed written findings and conclusions within twenty (20) days of the close of the public hearing. Thereafter, the City shall determine: (i) whether an event of default has occurred; (ii) whether such event of default should be excused; and (iii) whether such event of default has been cured or will be cured Seattle-3435598.2 0010932-00119 22 Packet Page 142 of 426 by the Franchisee; and (iv) whether to revoke the Franchise based on the information presented, or, where applicable, grant additional time to the Franchisee to effect any cure. If the City determines that the Franchise shall be revoked, the City shall promptly provide Franchisee with a written decision setting forth its reasoning. Franchisee may appeal such determination of the City to an appropriate court within thirty (30) days of notice of the City’s decision. 13.6.4 The City may, at its sole discretion, take any lawful action which it deems appropriate to enforce the City’s rights under the Franchise in lieu of revocation of the Franchise. 13.7 Franchisee Termination: Franchisee shall have the right to terminate this Franchise and all obligations hereunder within ninety (90) days after the third anniversary of the Service Date of this Franchise, if at the end of such three (3) year period Franchisee does not then in good faith believe it has achieved a commercially reasonable level of Subscriber penetration on its Cable System. Franchisee may consider subscriber penetration levels outside the Franchise Area but within the Puget Sound metropolitan area in this determination. Notice to terminate under this Section 13.7 shall be given to the City in writing, with such termination to take effect no sooner than one hundred and twenty (120) days after giving such notice. Franchisee shall also be required to give its then current Subscribers not less than ninety (90) days prior written notice of its intent to cease Cable Service operations. 13.8 The City specifically does not by any provision of this Franchise, waive any immunity or limitation of liability under state or federal law, including but not limited to, section 635 A of the Communications Act. 14. MISCELLANEOUS PROVISIONS 14.1 Franchise Grant: Franchisee shall pay the City Ten Thousand Dollars ($10,000.00) (the “Franchise Grant”). The Franchise Grant shall be payable thirty (30) days from the Effective Date, which may be used for any lawful purpose. The City agrees to require competitively similar obligations from other Cable Operators upon the future grant or renewal of a franchise agreement for the provision of Cable Service. To the extent permitted by federal law, Franchisee shall be allowed to recover this amount from Subscribers and may line-item or otherwise pass-through this amount to Subscribers. The reference to the line item shall accurately describe its purpose. 14.2 Equal Employment Opportunity: Franchisee shall comply with all applicable federal and state laws affording nondiscrimination in employment to all individuals regardless of their race, color, religion, age, sex, national origin, sexual orientation or physical disability. 14.3 Actions of Parties: In any action by the City or Franchisee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned. 14.4 Binding Acceptance: This Agreement shall bind and benefit the parties hereto and their respective successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. Seattle-3435598.2 0010932-00119 23 Packet Page 143 of 426 14.5 Preemption: In the event that federal or state law, rules, or regulations preempt a provision or limit the enforceability of a provision of this Agreement, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City or Franchisee. 14.6 Force Majeure: Franchisee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or liquidated damages relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure. 14.7 Good Faith Error: Furthermore, the parties hereby agree that it is not the City’s intention to subject Franchisee to liquidated damages, forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on Subscribers. 14.8 Notices: Unless otherwise expressly stated herein, notices required under the Franchise shall be deemed effective three (3) days after having been deposited by first class, postage prepaid, registered or certified mail, return receipt requested or one (1) day after having been deposited with any nationally recognized overnight courier for next day delivery, and addressed to the addressees below. Each party may change its designee by providing written notice to the other party. 14.8.1 Notices to Franchisee shall be mailed to: Verizon Northwest Inc. Attn: Tim McCallion, President 112 Lakeview Canyon Road, CA501GA Thousand Oaks, CA 91362 with a copy to: Mr. Jack H. White Senior Vice President & General Counsel - Verizon Telecom One Verizon Way Room VC43E010 Basking Ridge, NJ 07920-1097 Notices to the City shall be mailed to: City of Edmonds Attn: Mayor 121 5th Avenue North Edmonds, WA 98020 Seattle-3435598.2 0010932-00119 24 Packet Page 144 of 426 14.9 Entire Agreement: This Franchise and the Exhibits hereto constitute the entire agreement between Franchisee and the City, and supersede all prior or contemporaneous agreements, representations or understandings (whether written or oral) of the parties regarding the subject matter hereof. Any ordinances or parts of ordinances relating to cable service that conflict with the provisions of this Agreement are superseded by this Agreement. 14.10 Amendments: Amendments to this Franchise shall be mutually agreed to in writing by the parties. No amendment will take effect if it will impair the security set forth in Section 13, unless otherwise agreed by the parties. 14.11 Captions: The captions and headings of articles and sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 14.12 Severability: If any section, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise. 14.13 Recitals: The recitals set forth in this Agreement are incorporated into the body of this Agreement as if they had been originally set forth herein. 14.14 FTTP Network Transfer Prohibition: Under no circumstance including, without limitation, upon expiration, revocation, termination, denial of renewal of the Franchise or any other action to forbid or disallow Franchisee from providing Cable Services, shall Franchisee or its assignees be required to sell any right, title, interest, use or control of any portion of Franchisee’s FTTP Network including, without limitation, the Cable System and any capacity used for Cable Service or otherwise, to the City or any third party. Franchisee shall not be required to remove the FTTP Network or to relocate the FTTP Network or any portion thereof as a result of revocation, expiration, termination, denial of renewal or any other action to forbid or disallow Franchisee from providing Cable Services. 14.15 No Joint Venture: Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. 14.16 Independent Review: The City and Franchisee each acknowledge that they have received independent legal advice in entering into this Agreement. In the event that a dispute arises over the meaning or application of any term(s) of this Agreement, such term(s) shall not be construed by the reference to any doctrine calling for ambiguities to be construed against the drafter of the Agreement. 14.17 Venue: The venue for any dispute related to this Franchise shall be in the United States District Court for the Western District of Washington in Seattle, provided it has subject Seattle-3435598.2 0010932-00119 25 Packet Page 145 of 426 matter jurisdiction; if no jurisdiction exists, then venue shall be in the Superior Court for King County. 14.18 Attorneys’ Fees: If any action or suit arises between Franchisee and the City for breach of this Franchise, the prevailing party, either the City or Franchisee, as the case may be, shall be entitled to recover all of its reasonable attorneys’ fees, costs and expenses in connection therewith along with such other relief as the court deems proper. 14.19 Acceptance: By signing this Agreement, Franchisee accepts and agrees to abide by the Franchise and, to the extent consistent with the Franchise, the terms and conditions of Edmonds Municipal Code Chapter 4.68. Franchisee will timely provide to the City the security specified in Section 13.1 and the insurance certificates specified in Section 10.1. 14.20 Singular and Plural: Except where the context indicates otherwise, words used herein, regardless of the number specifically used, shall be deemed and construed to include any other number, singular or plural as is reasonable in the context. SIGNATURE PAGE FOLLOWS Seattle-3435598.2 0010932-00119 26 Packet Page 146 of 426 AGREED TO THIS _____ DAY OF _____________, 2008. CITY OF EDMONDS By: _______________________________ [Name, Title] Verizon Northwest Inc. By: _______________________________ Tim McCallion, President EXHIBITS Exhibit A: Initial Service Area Exhibit B: Municipal Locations and Schools to be Provided Free Cable Service Exhibit C: Remittance Form Exhibit D: Customer Service Standards Exhibit E: Performance Bond Seattle-3435598.2 0010932-00119 27 Packet Page 147 of 426 EXHIBIT A INITIAL SERVICE AREA Seattle-3435598.2 0010932-00119 28 Packet Page 148 of 426 EXHIBIT B MUNICIPAL LOCATIONS AND SCHOOLS TO BE PROVIDED FREE CABLE SERVICE Existing Buildings: City Hall-Mayor 121 5th Avenue N, Edmonds, WA City Administration 121 5th Avenue N, Edmonds, WA City Meeting Room 121 5th Avenue N, Edmonds, WA Fire Department 121 5th Avenue N, Edmonds, WA Finance Department 121 5th Avenue N, Edmonds, WA City Park Maintenance Building 600 3rd Ave, Edmonds, WA Edmonds Historical Museum 118 5th Avenue N, Edmonds, WA Edmonds Library 650 Main Street, Edmonds, WA Fire Station #16 8429 196th Street SW, Edmonds, WA Fire Station #17 275 6th Avenue N, Edmonds, WA Fire Station #20 23009 88th Avenue W, Edmonds, WA Frances Anderson Center 700 Main Street, Edmonds, WA Meadowdale Clubhouse 6801 Meadowdale Road, Edmonds WA Seattle-3435598.2 0010932-00119 29 Packet Page 149 of 426 Old Public Works 200 Dayton Street, Edmonds, WA Handicapped Access Area – City Council Chamber 250 5th Avenue N, Edmonds, WA City Council Chambers 250 5th Avenue N, Edmonds, WA Police Department 250 5th Avenue N, Edmonds, WA Organization/EG Origination Site 250 5th Avenue N, Edmonds, WA Public Works 7110 210th Street SW, Edmonds, WA Senior Center 220 Railroad Avenue, Edmonds, WA Wade James Theatre 950 Main Street, Edmonds, WA Edmonds Performing Arts Center 410 Fourth Avenue N, Edmonds, WA Yost Pool 9535 Bowdoin Way, Edmonds, WA Scriber Lake High School 23200 100th Avenue W, Edmonds, WA Sherwood Elementary School 22901 106th Avenue W, Edmonds, WA Edmonds Elementary School 1215 Olympic Avenue, Edmonds, WA Chase Lake Community School 21603 84th Avenue W, Edmonds, WA Boys & Girls Club 310 6th Avenue N, Edmonds, WA Seattle-3435598.2 0010932-00119 30 Packet Page 150 of 426 Edmonds-Woodway High School 7600 212th Street SW, Edmonds, WA Seaview Elementary School 8426 188th Street SW, Edmonds, WA Maplewood K-8 8500 200th Street SW, Edmonds, WA Woodway Elementary School 9521 240th Street SW, Edmonds, WA Westgate Elementary 9601 220th Street SW, Edmonds, WA Olympic View Water & Sewer District 23725 Edmonds Way, Edmonds, WA Port of Edmonds Administration Offices 336 Admiral Way, Edmonds, WA Edmonds Memorial Cemetery 820 15th SW, Edmonds, WA Edmonds School District 15619 56th Avenue W, Edmonds, WA Edmonds School District #15 (Meadowdale) 6505 168th Street SW, Edmonds, WA Edmonds School District #15 6th Avenue N, Edmonds, WA Madrona School 9300 236th Street, Edmonds, WA In the event that an existing building listed above is demolished and rebuilt in the same or different location in the Service Area, Franchisee will provide, subject to the terms and conditions set forth in Section 3.3, one service outlet activated for Basic Service so long as all other Cable Operators in the Franchise Area provide service at such location. Future Buildings: Franchisee will provide, subject to the terms and conditions set forth in Section 3.3 of this Franchise, one service outlet active for Basic Service at up to five (5) future public buildings in the Service Area so long as all other Cable Operators in the Franchise Area provide service to at least the same number of future locations. Seattle-3435598.2 0010932-00119 31 Packet Page 151 of 426 EXHIBIT C REMITTANCE FORM Franchise Fee Schedule/Report (Quarter and Year) City of XXXX Verizon - fGTE Washington Franchise Fee Rate: 5.00% Month 1 Month 2 Month 3 Quarter Total Monthly Recurring Cable Service Charges (e.g. Basic, Enhanced Basic, Premium and Equipment Rental) $0.00 $0.00 $0.00 $0.00 Usage Based Charges (e.g. PayPer View, Installation) $0.00 $0.00 $0.00 $0.00 Advertising $0.00 $0.00 $0.00 $0.00 Home Shopping $0.00 $0.00 $0.00 $0.00 Late Payment $0.00 $0.00 $0.00 $0.00 Other Misc. (Leased Access & Other Misc.) $0.00 $0.00 $0.00 $0.00 Franchise Fee Billed $0.00 $0.00 $0.00 $0.00 PEG Fee Billed $0.00 $0.00 $0.00 $0.00 Less: Bad Debt Total Receipts Subject to Franchise Fee Calculation $0.00 $0.00 $0.00 $0.00 Franchise Fee Due $0.00 $0.00 $0.00 $0.00 Verizon Northwest Inc. is hereby requesting that this information be treated as confidential and proprietary commercial trade secret information and financial statements and not disclosed in accordance with section XXXX and the Cable Television Franchise Agreement granted to Verizon Northwest Inc. This information is not otherwise readily ascertainable or publicly available by proper means by other persons from another source in the same configuration as provided herein, would cause substantial harm to competitive position of Verizon in the highly competitive video marketplace if disclosed, is intended to be proprietary confidential business information and is treated by Verizon as such. Seattle-3435598.2 0010932-00119 32 Packet Page 152 of 426 EXHIBIT D CUSTOMER SERVICE STANDARDS These standards shall, starting six (6) months after the Service Date, apply to Franchisee to the extent it is providing Cable Services over the Cable System in the Franchise area. For the first six (6) months after the Service Date, Franchisee shall use best efforts to comply with the Customer Service Standards provided herein; it being agreed, however, that the City will not impose liquidated damages during this first six (6) month period if Franchisee using best efforts fails to meet the Customer Service Standards. SECTION 1: DEFINITIONS A. Normal Operating Conditions: Those service conditions which are within the control of Franchisee, as defined under 47 C.F.R. § 76.309(c)(4)(ii). Those conditions which are not within the control of Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages that are not within the control of the Franchisee, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable System. B. Respond: The start of Franchisee’s investigation of a Service Interruption by receiving a Subscriber call, and opening a trouble ticket, and begin working, if required. C. Service Call: The action taken by Franchisee to correct a Service Interruption the effect of which is limited to an individual Subscriber. D. Service Interruption: The loss of picture or sound on one or more cable channels. E. Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Service Area. F. Standard Installation: Installations where the Subscriber is within one hundred fifty (150) feet of trunk or feeder lines. SECTION 2: TELEPHONE AVAILABILITY A. Franchisee shall maintain a toll-free number to receive all calls and inquiries from Subscribers in the Franchise Area and/or residents regarding Cable Service. Franchisee representatives trained and qualified to answer questions related to Cable Service in the Service Area must be available to receive reports of Service Interruptions twenty-four (24) hours a day, seven (7) days a week, all other inquiries at least forty-five (45) hours per week. Franchisee representatives shall identify themselves by name when answering this number. B. Franchisee’s telephone numbers shall be listed, with appropriate description (e.g. administration, customer service, billing, repair, etc.), in the directory published by the local Seattle-3435598.2 0010932-00119 33 Packet Page 153 of 426 telephone company or companies serving the Service Area, beginning with the next publication cycle after acceptance of this Franchise by Franchisee. C. Franchisee may use an Automated Response Unit (“ARU”) or a Voice Response Unit (“VRU”) to distribute calls. If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options. After the first tier menu (not including a foreign language rollout) has run through three times, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. Franchisee may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones. D. Under Normal Operating Conditions, calls received by the Franchisee shall be answered within thirty (30) seconds. The Franchisee shall meet this standard for ninety percent (90%) of the calls it receives at call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by the Franchisee at all call centers receiving calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after thirty (30) seconds of call waiting. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. E. Under Normal Operating Conditions, callers to the Franchisee shall receive a busy signal no more than three (3%) percent of the time during any calendar quarter. F. Upon request from the City, but in no event more than once a quarter, forty-five (45) days following the end of each quarter, the Franchisee shall report to the City the following for all call centers receiving calls from Subscribers except for temporary telephone numbers set up for national promotions: (1) Percentage of calls answered within thirty (30) seconds as set forth in Section 2.D; and (2) Percentage of time customers received a busy signal when calling the Franchisee’s service center as set forth in Section 2.E. Subject to consumer privacy requirements, underlying activity will be made available to the City for review upon reasonable request. G. At the Franchisee’s option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters one time during the term of this Agreement. Franchisee shall notify the City of such a change not less than thirty (30) days in advance. SECTION 3: INSTALLATIONS AND SERVICE APPOINTMENTS A. All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the Seattle-3435598.2 0010932-00119 34 Packet Page 154 of 426 provision of required consumer information and literature to adequately inform the Subscriber in the utilization of Franchisee-supplied equipment and Cable Service. B. The Standard Installation shall be performed within seven (7) business days after an order is placed if the Optical Network Terminal (“ONT”) is already installed on the customer’s premises. The Standard Installation shall be performed within fourteen (14) business days where there is no ONT at the time of service order. Franchisee shall meet this standard for ninety-five percent (95%) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding those requested by the customer outside of these time periods. C. The Franchisee shall provide the City with a report upon request from the City, but in no event more than once a quarter, noting the percentage of Standard Installations completed within the time periods provided in Section 3.B. Subject to consumer privacy requirements, underlying activity will be made available to the City for review upon reasonable request. D. At Franchisee’s option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters one time during the term of this Agreement. Franchisee shall notify the City of such a change not less than thirty (30) days in advance. E. Franchisee will offer Subscribers “appointment window” alternatives for arrival to perform installations, Service Calls and other activities of a maximum four (4) hours scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is deemed appropriate to begin earlier by location exception. At Franchisee’s discretion, Franchisee may offer Subscribers appointment arrival times other than these four (4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do not apply to weekends. (1) Franchisee may not cancel an appointment window with a customer after the close of business on the business day prior to the scheduled appointment. (2) If Franchisee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. F. Franchisee must provide for the pick up or drop off of equipment free of charge in one of the following manners: (i) by having a Franchisee representative going to the Subscriber’s residence, (ii) by using a mailer, or (iii) by establishing a local business office within the Franchise Area. If requested by a mobility-limited customer, the Franchisee shall arrange for pickup and/or replacement of converters or other Franchisee equipment at Subscriber’s address or by a satisfactory equivalent. Seattle-3435598.2 0010932-00119 35 Packet Page 155 of 426 SECTION 4: SERVICE INTERRUPTIONS AND OUTAGES A. Franchisee shall promptly notify the City of any Significant Outage of the Cable Service. B. Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the City and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. Notwithstanding the foregoing, Franchisee may perform modifications, repairs and upgrades to the System between 12:01 a.m. and 6 a.m. which may interrupt service, and this Section’s notice obligations respecting such possible interruptions will be satisfied by notice provided to Subscribers upon installation and in the annual Subscriber notice. C. Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber calls about Service Interruptions in the Service Area. (2) Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the City of a Cable Service problem. E. Under Normal Operating Conditions, Franchisee shall complete Service Calls within seventy-two (72) hours of the time Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. Franchisee shall meet the standard in Section E of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. Franchisee shall provide the City with a report upon request from the City, but in no event more than once a quarter, forty-five (45) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity will be made available to the City for review upon reasonable request. At the Franchisee’s option, the above measurements and reporting may be changed from calendar quarters to billing or accounting quarters one time during the term of this Agreement. Franchisee shall notify the City of such a change at least thirty (30) days in advance of any implementation. Seattle-3435598.2 0010932-00119 36 Packet Page 156 of 426 H. Under Normal Operating Conditions, Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow Franchisee to verify the problem if requested by Franchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. With respect to service issues concerning Cable Services provided to the City facilities, Franchisee shall Respond to all inquiries from the City within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions and shall diligently pursue to completion. If such repairs cannot be completed within twenty- four (24) hours, Franchisee shall notify the City in writing as to the reason(s) for the delay and provide an estimated time of repair. SECTION 5: CUSTOMER COMPLAINTS REFERRED BY THE CITY Under Normal Operating Conditions, Franchisee shall begin investigating Subscriber complaints referred by the City within seventy-two (72) hours. Franchisee shall notify the City of those matters that necessitate an excess of five (5) business days to resolve, but Franchisee must make all necessary efforts to resolve those complaints within ten (10) business days of the initial complaint. The City may require Franchisee to provide reasonable documentation to substantiate the request for additional time to resolve the problem. Franchisee shall inform the City in writing, which may be by an electronic mail message, of how and when referred complaints have been resolved within a reasonable time after resolution. For purposes of this Section, “resolve” means that Franchisee shall perform those actions, which, in the normal course of business, are necessary to (a) investigate the Customer’s complaint; (b) advise the Customer of the results of that investigation; and (c) implement and complete steps to bring resolution to the matter in question. SECTION 6: BILLING A. Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related equipment charges. Bills will comply with applicable federal and state laws, and shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. Franchisee shall, without limitation as to additional line items, be allowed to itemize as separate line items, Franchise fees, taxes and/or other Seattle-3435598.2 0010932-00119 37 Packet Page 157 of 426 governmental-imposed fees. Franchisee shall maintain records of the date and place of mailing of bills. B. Every Subscriber with a current account balance sending payment directly to Franchisee shall be given at least twenty (20) days from the date statements are mailed to the Subscriber until the payment due date. C. A specific due date shall be listed on the bill of every Subscriber whose account is current. Delinquent accounts may receive a bill which lists the due date as upon receipt; however, the current portion of that bill shall not be considered past due except in accordance with Section 6.B. above. D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved, provided that: (1) The Subscriber pays all undisputed charges; (2) The Subscriber provides notification of the dispute to Franchisee within five (5) days prior to the due date; and (3) The Subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute. (4) It shall be within Franchisee's sole discretion to determine when the dispute has been resolved. E. Under Normal Operating Conditions, Franchisee shall initiate investigation and resolution of all billing complaints received from Subscribers within five (5) business days of receipt of the complaint. Final resolution shall not be unreasonably delayed. F. Franchisee shall provide a telephone number and address clearly and prominently on the bill for Subscribers to contact Franchisee. G. Franchisee shall forward a copy of any rate-related or customer service-related billing inserts or other mailings related to Cable Service, but not promotional materials, sent to Subscribers, to the City. H. Franchisee shall provide all Subscribers with the option of paying for Cable Service by check or an automatic payment option where the amount of the bill is automatically deducted from a checking account designated by the Subscriber. Franchisee may in the future, at its discretion, permit payment by using a major credit card on a preauthorized basis. Based on credit history, at the option of Franchisee, the payment alternative may be limited. Seattle-3435598.2 0010932-00119 38 Packet Page 158 of 426 SECTION 7: DEPOSITS, REFUNDS AND CREDITS A. Franchisee may require refundable deposits from Subscribers 1) with a poor credit or poor payment history, 2) who refuse to provide credit history information to Franchisee, or 3) who rent Subscriber equipment from Franchisee, so long as such deposits are applied on a non- discriminatory basis. The deposit Franchisee may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information may not exceed an amount equal to an average Subscriber's monthly charge multiplied by six (6). The maximum deposit Franchisee may charge for Subscriber equipment is the cost of the equipment which Franchisee would need to purchase to replace the equipment rented to the Subscriber. B. Franchisee shall refund or credit the Subscriber for the amount of the deposit collected for equipment, which is unrelated to poor credit or poor payment history, after one year and provided the Subscriber has demonstrated good payment history during this period. Franchisee shall pay interest on deposits if required by law. C. Under Normal Operating Conditions, refund checks will be issued within the next available billing cycle following the resolution of the event giving rise to the refund, (e.g. equipment return and final bill payment). D. Credits for Cable Service will be issued no later than the Subscriber's next available billing cycle, following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. E. Bills shall be considered paid when appropriate payment is received by Franchisee or its authorized agent. Appropriate time considerations shall be included in Franchisee's collection procedures to assure that payments due have been received before late notices or termination notices are sent. SECTION 8: RATES, FEES AND CHARGES A. Franchisee shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance work related to Franchisee equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Franchisee equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect Franchisee's equipment (for example, a dog chew). B. Franchisee shall provide reasonable notice to Subscribers of the possible assessment of a late fee on bills or by separate notice. C. All of Franchisee’s rates and charges shall comply with applicable federal and state law. Franchisee shall maintain a complete current schedule of rates and charges for Cable Services on file with the City throughout the term of this Franchise. Seattle-3435598.2 0010932-00119 39 Packet Page 159 of 426 SECTION 9: DISCONNECTION /DENIAL OF SERVICE A. Franchisee shall not terminate Cable Service for nonpayment of a delinquent account unless Franchisee mails a notice of the delinquency and impending termination prior to the proposed final termination. The notice shall be mailed to the Subscriber to whom the Cable Service is billed. The notice of delinquency and impending termination may be part of a billing statement. B. Cable Service terminated in error must be restored without charge within twenty- four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error, a credit shall be issued to the Subscriber if the Service Interruption was reported by the Subscriber. C. Nothing in these standards shall limit the right of Franchisee to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to Franchisee's equipment, abusive and/or threatening behavior toward Franchisee's employees or representatives, or refusal to provide credit history information or refusal to allow Franchisee to validate the identity, credit history and credit worthiness via an external credit agency. D. Charges for cable service will be discontinued at the time of the requested termination of service by the Subscriber, except equipment charges may by applied until equipment has been returned. No period of notice prior to requested termination of service can be required of Subscribers by Franchisee. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service or for any Cable Service delivered after the effective date of the disconnect request, unless there is a delay in returning Franchisee equipment or early termination charges apply pursuant to the Subscriber’s service contract. If the Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Services received after the day following the date the disconnect request is received by Franchisee. For purposes of this Section, the term “disconnect” shall include Subscribers who elect to cease receiving Cable Service from Franchisee. SECTION 10: COMMUNICATIONS WITH SUBSCRIBERS A. Each employee of the Franchisee who routinely comes into contact with members of the public at their places of residence must wear a picture identification card clearly indicating his or her employment with the Franchisee. The photograph on the identification card shall prominently show the employee’s name and/or identification number. Such employee shall prominently display such identification card and shall show it to all such members of the public. Each employee of any contractor or subcontractor of the Franchisee who routinely comes into contact with members of the public at their places of residence must wear a picture identification card clearly indicating his or her name, the name of such contractor or subcontractor and the name of the Franchisee. B. All contact with a Subscriber or potential Subscriber by a Person representing Franchisee shall be conducted in a courteous manner. Seattle-3435598.2 0010932-00119 40 Packet Page 160 of 426 C. Franchisee shall send annual notices to all Subscribers informing them that any complaints or inquiries not satisfactorily handled by Franchisee may be referred to the City. A copy of the annual notice required under this Section 10.C will be given to the City at least fifteen (15) days prior to distribution to Subscribers. D. All notices identified in this Section shall be by either: (1) A separate document included with a billing statement or included on the portion of the monthly bill that is to be retained by the Subscriber; or (2) A separate electronic notification. E. Franchisee shall provide reasonable notice to Subscribers and the City of any pricing changes or additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing, any changes in Cable Services, including channel line-ups. Such notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if within the control of Franchisee. Franchisee shall provide a copy of the notice to the City including how and where the notice was given to Subscribers. F. Upon request by any Subscriber, Franchisee shall make available a parental control or lockout device to enable a Subscriber to control access to both the audio and video portions of any or all Channels. Franchisee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter. G. Franchisee shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Section 10.E., at least thirty (30) days prior to making significant changes in the information required by this Section if within the control of Franchisee: (1) Products and Cable Service offered; (2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides, installation, downgrades, late fees and other fees charged by Franchisee related to Cable Service; (3) Installation and maintenance policies including, when applicable, information regarding the Subscriber’s in-home wiring rights during the period Cable Service is being provided; (4) Channel positions of Cable Services offered on the Cable System; (5) Complaint procedures, including the name, address, and telephone number of the City, but with a notice advising the Subscriber to initially contact Franchisee about all complaints and questions; (6) Procedures for requesting Cable Service credit; Seattle-3435598.2 0010932-00119 41 Packet Page 161 of 426 (7) The availability of a parental control device; (8) Franchisee practices and procedures for protecting against invasion of privacy; and (9) The address and telephone number of Franchisee’s office to which complaints may be reported. A copy of notices required in this Section 10.G. will be given to the City at least fifteen (15) days prior to distribution to Subscribers if the reason for notice is due to a change that is within the control of Franchisee and as soon as possible if not within the control of Franchisee. H. Notices of changes in rates shall indicate the Cable Service new rates and old rates, if applicable. I. Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific channel location, and the hours of operation of the Cable Service if the Cable Service is only offered on a part-time basis. In addition, should the Channel location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such information must be included in the notice. J. Every notice of termination of Cable Service shall include the following information: (1) The name and address of the Subscriber whose account is delinquent; (2) The amount of the delinquency for all services billed; (3) The date by which payment is required in order to avoid termination of Cable Service; and (4) The telephone number for Franchisee where the Subscriber can receive additional information about their account and discuss the pending termination. K. Franchisee will comply with privacy rights of Subscribers in accordance with applicable federal and state law, including 47 U.S.C. §551. Seattle-3435598.2 0010932-00119 42 Packet Page 162 of 426 EXHIBIT E PERFORMANCE BOND Bond No. __________ KNOW ALL MEN BY THESE PRESENTS: That (name & address) (hereinafter called the Principal), and (name and address) (hereinafter called the Surety), a corporation duly organized under the laws of the State of (state), are held and firmly bound unto (name & address) (hereinafter called the Obligee), in the full and just sum of _____________ Dollars ($__________), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal and Obligee have entered into a Franchise Agreement dated________ which is hereby referred to and made a part hereof. WHEREAS, said Principal is required to perform certain obligations under said Agreement. WHEREAS, the Obligee has agreed to accept this bond as security against default by Principal of performance of its obligations under said Agreement during the time period this bond is in effect. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall perform its obligations under said Agreement, then this obligation shall be void, otherwise to remain in full force and effect, unless otherwise terminated, cancelled or expired as hereinafter provided. PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions: In the event of default by the Principal, Obligee shall deliver to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same, such notice to be delivered by certified mail to address of said Surety as stated herein. This Bond shall be effective ____________, 20___, and shall remain in full force and effect thereafter for a period of one year and will automatically extend for additional one year periods from the expiry date hereof, or any future expiration date, unless the Surety provides to the Obligee not less than sixty (60) days advance written notice of its intent not to renew this Bond or unless the Bond is earlier canceled pursuant to the following. This Bond may be canceled at any time upon sixty (60) days advance written notice from the Surety to the Obligee. Bond No. __________ Seattle-3435598.2 0010932-00119 43 Packet Page 163 of 426 Neither cancellation, termination nor refusal by Surety to extend this bond, nor inability of Principal to file a replacement bond or replacement security for its obligations under said Agreement, shall constitute a loss to the Obligee recoverable under this bond. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought or instituted and process served within one year after termination or cancellation of this bond. No right of action shall accrue on this bond for the use of any person, corporation or entity other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number of years this bond remains in force or the amount or number of claims brought against this bond. This bond is and shall be construed to be strictly one of suretyship only. If any conflict or inconsistency exists between the Surety’s obligations as described in this bond and as may be described in any underlying agreement, permit, document or contract to which this bond is related, then the terms of this bond shall supersede and prevail in all respects. This bond shall not bind the Surety unless it is accepted by the Obligee by signing below. IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed this bond effective this _____ day of _______, 2008. Principal Surety By: ___________________________ By: ___________________________________ , Attorney-in-Fact Accepted by Obligee: ___________________________________ (Signature & date above - Print Name, Title below) Seattle-3435598.2 0010932-00119 44 Packet Page 164 of 426 AM-1677 5. Closed Record Appeal: Subdivide Arbor Court Townhomes Edmonds City Council Meeting Date:07/29/2008 Submitted By:Michael Clugston Time:60 Minutes Department:Planning Type:Action Review Committee: Action:Recommend Review by Full Council Information Subject Title Closed Record Review: Appeal of the Hearing Examiner decision to deny the request by Steve Smith Development LLC, represented by Jean Morgan of Morgan Design Group, to subdivide Arbor Court, a 1.27 acre parcel developed with 35 townhomes, into 35 fee-simple townhouse parcels. The site is zoned Multiple Family Residential (RM-1.5) and is located at 23800 – 23824 Edmonds Way. (File Nos. P-08-16 and APL-08-4) Recommendation from Mayor and Staff Council to consider the appeal and either: 1. Affirm, modify or reverse the Hearing Examiner's decision to deny the subdivision; or, 2. Remand the application back to the Hearing Examiner for additional consideration or clarification, with the Council specifiying the items or issues to be considered. (Note that Staff will be present to represent the Hearing Examiner's decision; Staff may also be called upon to answer questions regarding the project staff report and reconsideration request.) Previous Council Action None. Narrative In October 2006, staff conducted a pre-application meeting with representatives for Steve Smith Development LLC (the Applicant) regarding a proposed multi-family redevelopment and formal plat subdivision at 23800 Edmonds Way using the townhouse subdivision process. The Applicant applied for design review of the project (Arbor Court) in February 2007. After a public hearing, the 35-unit project received ADB approval in June 2007. In November 2007, the Applicant applied for building permits to redevelop the site; those permits are still in the permit review process. In March 2008, the Applicant applied for a formal plat subdivision to create fee-simple lots associated with each of the 35 residential units. The formal plat review process was based on the concept of a ‘townhouse’ subdivision for multi-family developments. The townhouse review process is based on a formal staff interpretation from 2003 (Interpretation 2003-01) which was not appealed and has been in effect since that date. Since the Interpretation was issued, this process Packet Page 165 of 426 has been used several times and those formal plat subdivisions were approved by former Hearing Examiners -- as well as one that was approved by the current Hearing Examiner. For this project, staff prepared a report recommending the Hearing Examiner approve the townhouse subdivision with conditions (Exhibit 1). A public hearing on the proposed subdivision was held on May 15, 2008. The Hearing Examiner denied preliminary plat approval on May 22, 2008 (Exhibit 2). Three Requests for Reconsideration were filed in a timely manner (Exhibits 3 - 5). The Hearing Examiner took longer than the customary ten days to review and analyze the reconsideration requests but ultimately upheld the denial on June 30, 2008 (Exhibit 6). The Applicant filed an appeal of the Hearing Examiner’s decision in a timely manner on July 2, 2008 (Exhibit 7). Verbatim minutes of the May 15, 2008, public hearing are also attached (Exhibit 8). In their appeal, the Applicant is requesting the Council reverse the Hearing Examiner’s denial of the proposed 35-lot formal plat. They maintain that the plat as originally proposed (Exhibit 1), and as further clarified in their Reconsideration (Exhibit 4), meets the criteria for approval of a townhouse subdivision. In their reconsideration request, Staff also raised concerns, noting that a number of similar projects have previously been approved using the townhouse model. Staff raised these concerns and others in the City’s reconsideration request (Exhibit 5) and while the Hearing Examiner did not reverse entirely, she agreed that her understanding regarding the minimum lot area requirements for multi-family developments had been in error. That concern (minimum lot size) is no longer at issue. It is important to remember that the townhouse subdivision process exists only to create fee-simple lots in multi-family developments. The buildings the Applicant has proposed were approved by the ADB and can receive building permits as long as they meet the required building and zoning codes. As mentioned before, the proposed structures are currently being reviewed for building permits. If approved, and without the subdivision, the Applicant could then build the proposed multi-family structures and either rent them or create condominiums. The other option, as intended by the townhouse subdivision process, is to create what are in essence single-family ownership opportunities in the development rather than having a rental or condominium situation. Fiscal Impact Attachments Link: Exhibit 1: Staff Report Link: Exhibit 2: Hearing Examiner's Preliminary Plat Decision Link: Exhibit 3: Rutledge Reconsideration Request Link: Exhibit 4: Applicant's Reconsideration Request Link: Exhibit 5: City's Reconsideration Request Link: Exhibit 6: Hearing Examiner's Reconsideration Request Decision Link: Exhibit 7: Applicant's Appeal Link: Exhibit 8: Applicant's letter in support of the appeal Form Routing/Status Packet Page 166 of 426 Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 01:30 PM APRV 2 Mayor Gary Haakenson 07/24/2008 01:53 PM APRV 3 Final Approval Sandy Chase 07/24/2008 02:17 PM APRV Form Started By: Michael Clugston  Started On: 07/16/2008 02:20 PM Final Approval Date: 07/24/2008 Packet Page 167 of 426 Packet Page 168 of 426 Packet Page 169 of 426 Packet Page 170 of 426 Packet Page 171 of 426 Packet Page 172 of 426 Packet Page 173 of 426 Packet Page 174 of 426 Packet Page 175 of 426 Packet Page 176 of 426 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Public Hearing Comprehensive Plan Map Amendment at 110 Sunset Ave N Edmonds City Council Meeting Date:07/29/2008 Submitted By:Rob Chave Time:30 Minutes Department:Planning Type:Action Review Committee: Action: Information Subject Title Public Hearing on the recommendation by the Planning Board to deny a proposal to amend the Comprehensive Plan from “Downtown Mixed Commercial” to either (1) “Downtown Residential Office” or (2) “Multi Family – High Density” at 110 Sunset Ave. N. (File No. AMD-07-16) Recommendation from Mayor and Staff Previous Council Action Council asked the Planning Board to consider a proposal to change the plan designation for 110 Sunset during the 2007 plan amendment process. The Plannning Board reported back to Council in September 2007 that it preferred to take the matter up during 2008, which it has done. Narrative This is a proposal made initially by Harold Huston to change the comprehensive plan map designation for property at 110 Sunset. The property is currently designated as part of the downtown commercial area, “Downtown Mixed Commercial,” and zoned BD2. Mr. Huston asked for consideration to change the designation to “Downtown Residential Office” (which would correspond to an OR zone), or “Multi Family – High Density” (RM-1.5 or RM-2.4). The Board held a public hearing on July 9, 2008, and after consideration of the recommendation of staff (Exhibit 2) and public testimony, forwarded a unanimous recommendation to Council to deny the plan amendment proposal. The reasoning of the Planning Board is contained in the record of the hearing (Exhibit 1). Fiscal Impact Attachments Link: Exhibit 1: Planning Board Minutes Link: Exhibit 2: Planning Board Agenda Packet Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/24/2008 01:30 PM APRV 2 Mayor Gary Haakenson 07/24/2008 01:53 PM APRV 3 Final Approval Sandy Chase 07/24/2008 02:17 PM APRV Packet Page 382 of 426 Form Started By: Rob Chave  Started On: 07/24/2008 10:55 AM Final Approval Date: 07/24/2008 Packet Page 383 of 426 DRAFT Subject to August 13th Approval CITY OF EDMONDS PLANNING BOARD MINUTES July 9, 2008 Vice Chair Bowman called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 259 – 5th Avenue North. BOARD MEMBERS PRESENT Cary Guenther, Chair (arrived at 7:06 p.m.) Michael Bowman, Vice Chair John Dewhirst Judith Works Jim Young Don Henderson John Reed Philip Lovell STAFF PRESENT Duane Bowman, Development Services Director Rob Chave, Planning Division Manager Karin Noyes, Recorder READING/APPROVAL OF MINUTES BOARD MEMBER DEWHIRST MOVED THAT THE MINUTES OF JUNE 11, 2008 BE APPROVED AS SUBMITTED. BOARD MEMBER HENDERSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. BOARD MEMBER HENDERSON MOVED THAT THE MINUTES OF JUNE 18, 2008 BE APPROVED AS SUBMITTED. BOARD MEMBER DEWHIRST SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA No changes were made to the agenda. AUDIENCE COMMENTS No one in the audience expressed a desire to address the Board during this portion of the meeting. PUBLIC HEARING BY CITY TO AMEND COMPREHENSIVE PLAN FOR PROPERTY AT 110 SUNSET AVENUE NORTH FROM DOWNTOWN MIXED COMMERCIAL TO DOWNTOWN RESIDENTIAL OFFICE (FILE NUMBER AMD-07-16 Mr. Chave advised that the public hearing is regarding a proposal by Harold Huston, a resident at 111 Main Street, to change the Comprehensive Plan designation of property at 110 Sunset Avenue from Downtown Mixed Commercial to either Packet Page 384 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 2 Downtown Residential Office or Multi-Family – High Density. He further advised that the proposal was referred to the Planning Board at the request of the City Council as a follow-up to a specific request made by Mr. Huston. He recalled that Mr. Huston appeared before the Planning Board previously. While they did not recommend approval of the proposed change at that time, they did recommend to Council that the issue be taken up during the 2008 review of Comprehensive Plan amendments. He reminded the Board that the plan designations and zoning for the commercial properties in the Downtown Activity Center (including the subject property) were the subject of a significant update to the Comprehensive Plan in 2004 and 2005, and the process resulted in the current plan that was adopted in March of 2005. A follow-up update of the zoning map was completed in 2007, at which time the various BD zones were applied within the Downtown Activity Center. Mr. Chave provided a map illustrating the location of the subject property, which is currently developed with a single-family residence. He explained that the property is located within the current BD2 zone and has a similar depth as other properties that are located water ward on Sunset Avenue. He described the current zoning for the surrounding properties, as well. He provided a map from the Comprehensive Plan, showing that the subject property is located on the edge of a much larger commercial area. He explained that one unique aspect of the subject property is the single-family residential property that is located immediately to the northeast. He noted that most other commercial zones in the downtown area are actually separated from single-family residential zones by using multi-family residential zoning. However, he summarized that the subject property is part of the larger commercial center, and has been zoned and planned as such for many years. He also provided a zoning and vicinity map showing that the existing zoning is consistent with the Comprehensive Plan. The commercial zone includes the subject properties, as well as those east and west and is beginning to extend north towards the downtown area. Board Member Guenther arrived at 7:06 p.m. Mr. Chave pointed out that Mr. Huston owns property adjacent to the subject property, and he has raised concern that no transition would be required between the commercially zoned property and the single-family residential zoned property. Mr. Huston has suggested that because there is already a residential home located on the subject parcel, it might be appropriate to change the zoning to the new Downtown Residential Office designation, similar to the properties that are currently located on the west side of Sunset Avenue. Mr. Chave clarified that the Planned Residential Office land use designation and the Office/Residential zoning designation were created specifically for properties on the west side of Sunset Avenue to address unique topography and transitional challenges. These same challenges do not exist on the property located at 110 Sunset Avenue. Therefore, the language in the Comprehensive Plan and zoning code would have to be amended in order to entertain the idea of applying this zoning and land use designation to the subject property. He noted that this would end up drawing the boundary closer to Main Street than is currently found elsewhere west of 5th Avenue. All the other commercial properties along Main Street are at least as deep as the two lots at this location, and it is a concern that reducing the commercial depth from Main Street could hinder future commercial uses and activities along this important commercial street. Mr. Chave explained that when reviewing the overall plan and zoning pattern, it becomes apparent that if a transition is to be consistent with the other portions of downtown, then some type of multi-family designation could be considered for the properties north of 110 Sunset rather than for 110 Sunset itself. However, he noted there has been indication that the property owners want this change, and there is no indication that the change would be beneficial to the City or the neighborhood. At this time, the multi-family properties along the west side of 2nd Avenue North demark the westward boundary of more intensive uses, providing a step down of intensity from the more intensely developed commercial properties along 3rd and 4th Avenues. He agreed that it might be appropriate to consider the residentially zoned properties in the future, since they are sandwiched between more intense zoning on both sides. Mr. Chave recommended the Planning Board recommend denial of the proposed amendment. Board Member Henderson asked Mr. Chave to identify the differences between uses allowed in an Office/Residential (OR) zone compared to those allowed in a Multi-Family Residential Zone. Mr. Chave explained that the existing BD2 zoning does not allow residential development to occur on the street front, and the OR zone would. An OR zone would allow a multi-family residential building to be constructed as opposed to requiring mixed-use development, which is the normal Packet Page 385 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 3 development pattern for the downtown. An OR zoning designation would also restrict the height limit to 25 feet, whereas the BD2 zone would allow a height of 25 feet plus an additional 5 feet. Harold Huston, Edmonds, thanked the Board for their hard work as volunteers for the City. He explained that he initially raised the issue of changing the Comprehensive with each individual City Council Member. They appeared to all concur with his suggestion that the property was inappropriately zoned because of the size of the lot and the problems that exist. They suggested that he bring the issue before the full City Council, which he did. They offered no objections and requested that the matter be referred to the Planning Board for consideration. He said he also received favorable support from the property owners in the area. He recalled that, last year, the Board decided that all of the proposed changes for inappropriately zoned properties should come before them at one time. At that time, both of the City’s senior planners (Mr. Wilson and Mr. Bullock) agreed with his proposal. In fact, Mr. Wilson suggested the City Council establish a moratorium on the property until the Planning Board could forward a recommendation to the City Council regarding a change in zoning. Mr. Huston advised that the last time he spoke with Mr. Chave, Mr. Chave suggested he consider proposing a Multi-Family Residential (RM) zoning designation for the subject property. Mr. Chave noted that elsewhere throughout the City, RM zoning has been used as a transition between Single-Family Residential (RS) and Commercial zones. He said he indicated to Mr. Chave that he would have no problem changing the zoning to some type of RM designation, either. Mr. Huston reviewed that the subject property was originally owned by Mr. Al Dykes, and he tried to construct condominiums on the property but the City denied his proposal. The property was later sold to Mr. Bob Gregg, and he doesn’t believe the lot is feasible for condominium development, either. Mr. Huston pointed out that, as presently zoned, the current zoning would allow development to occur on the subject property clear back to the alley, which would leave a 16-foot alley and eliminate seven parking spaces behind the property. He suggested that this would clearly result in a safety issue since a significant amount of traffic uses the alley way for access. People turn into and out of the alley from Bell Street and Main Street. In addition, there are two-way turns from the commercial development and delivery trucks sit in the area for large part of the day, making it difficult for cars to get around. Mr. Huston said he conducted his own informal traffic study of the alley, particularly of the commercial traffic that uses the alley for access. The situation is tight, and there are numerous accidents. On the north side, there is only 9’4” of width, and there is also a blind spot trying to get out of the alley. Everyday, delivery trucks park in front of the café, and in front of 110 Sunset Avenue. This results in one-way traffic along the street. As a result of the recent rezone, the property across the street will be redeveloped, further adding to the problem. He said he previously recommended the City eliminate the ability make a left hand turn from this property, but the City was chosen not to do so. People who walk in this area are forced to do so on one of the busiest intersections in Edmonds. Mr. Huston said he also surveyed the available parking spaces in the area and found there is a total of 86 cars using the alley for access to and from parking. He suggested this creates a safety issue. He noted that the first two lots across the street from the subject property are zoned and developed as commercial, and they always have been zoned that way. However, the subject property is currently developed a single-family residence and has never been used for commercial. Two larger developers in the City have indicated to him that the site is not developable as currently zoned. He said he doesn’t have a problem allowing the current property owner to redevelop the site, but it would be appropriate to rezone the property to provide some type of transition similar to what was done on the west side of Sunset Avenue. He summarized that there is a significant traffic problem on this busy street, and he would like the Board to consider the proposed change to address the safety concerns. Board Member Henderson said that while he appreciates Mr. Huston’s concerns about traffic and safety associated with the alley, he questioned how the proposed amendment would address the issue. Mr. Huston explained that if the subject parcel is redeveloped according to the last plans that were proposed by Mr. Gregg, seven parking spaces along the alley would have to be eliminated. Development of the property as currently zoned would also reduce the width of the alley to 16-feet, making it difficult for cars to get around the delivery trucks that park behind the commercial building. At this time, there is sufficient width for cars to get around the trucks. Mr. Huston also pointed out that the OR and RM zoning designations would also require a setback to make the property more usable, in his opinion. Packet Page 386 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 4 Alan Young, Edmonds, said he owns the subject property at 110 Sunset Avenue. He expressed dismay that he did not receive any notification from the City until he arrived home on June 27th to find the notice of the hearing. He suggested that, as the property owner, he should have been notified of the proposed amendment that would impact his property only. He voiced concern that discussions about his property have been going on for 20 months without him even knowing. He said he does not believe the City has the right to change the zoning of his property without involving him in the discussions, and he invited staff to provide an explanation of the City’s notification requirements. Mr. Young referred to Mr. Huston’s earlier statement that he spoke with the neighbors who indicated they were in favor of the proposed change. He pointed out that Mr. Huston never spoke to him about the change, and in fact, most of the neighbors are opposed to the change, as well. Mr. Young advised that he participated in the City’s process for creating the new MPOR zone. He recalled that all of the neighbors were invited to participate in the process of creating a zone for the three lots on the west side of Sunset Avenue. Mr. Huston did not submit his request that the property at 110 Sunset Avenue be included until after the process had been completed. He suggested that Mr. Huston’s concerns did not surface until he purchased a condominium property in May of 2006. He took possession of the property on October 1, 2007, two weeks before the City Council met to make a final decision on the MPOR zoning proposal. Mr. Young suggested that the proposed amendment is not about creating a transition area. Instead, it is intended to address Mr. Huston’s concerns about the lot size and the seven parking spaces that are currently located on private property. Mr. Young said he purchased the property where the seven parking spaces are located in order to preserve his view, and he paid $1.7 million for the parcel. He suggested the proposal is more about property value than about providing an appropriate transition. He further suggested there are inaccuracies in the information submitted by Mr. Huston. He said his property is valued at $1.3 million and now Mr. Huston wants to reduce that value by changing the zoning. He emphasized that Mr. Huston purchased his property knowing full well what the zoning, height and covenants were. Mr. Chave explained that the Planning Board’s discussions last year regarding the subject parcel were informational, and they were asked if they wanted to take a look at the property. After some discussion, the Planning Board agreed they did not want to consider any changes as part of last year’s amendments, but they agreed to consider the matter again in 2008. Once the Board formally agrees to look at a proposal, the notification process is triggered. However, no specific actions were being considered as part of the 2007 discussion. He summarized that the City did not attempt to be sneak the matter by the property owner. Board Member Young inquired who owns the property at 110 Sunset Avenue. Mr. Chave answered that the property is currently owned by Alan Young. However, he clarified that the City’s code allows anyone to apply for a Comprehensive Plan amendment and there are no restrictions on who owns the subject property. While the Planning Board is not required to act favorably on a Comprehensive Plan amendment application, they must forward a recommendation on the proposal to the City Council. In this case, he noted that the proposal was referred to the Planning Board by the City Council, and the Board is obligated to make a recommendation. Board Member Lovell asked for more information about the property known as 111 Main Street. Mr. Chave explained that this property is one of the addresses located inside of the large mixed-use building to the southeast and across the alley from the subject property. Roger Hertrich, Edmonds, expressed surprise that while Alan Young was heavily involved in the Sunset Avenue issue in the past, he was not informed about the proposed Comprehensive Plan amendment until the hearing notices were sent out. He said he believes Mr. Young to be a credible witness, and he feels the application is highly irregular. He suggested that if the City Council had known the property owner was against the proposal, they would probably not have referred the amendment to the Planning Board for review. He also emphasized that neither Mr. Wilson nor Mr. Bullock are part of the City Planning Department now. Mr. Hertrich pointed out that the parking spaces referred to earlier by Mr. Huston are located on private property and always have been, even though the public has used them on occasion. He said he does not find anything that would constitute a reason for the Board to recommend approval of the proposed amendment. He referred to the findings in the Staff Report, Packet Page 387 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 5 which provide more than enough reason to recommend denial of the “spot change.” He expressed his belief that Comprehensive Plan changes should involve larger areas rather than single lots. Jack Jacobsen, Edmonds, said he received two notices of the proposed amendment because he owns two properties that are located within 200 feet of the subject site. He pointed out that if the Comprehensive Plan were amended to allow an OR zoning designation, development could occur right up to the rear property line with no setback. This would allow a developer to build right up to the alley. He expressed his belief that all of the RS zoned properties would likely change to OR or RM zoning in the future. Elton Roundhill, Edmonds, said he and his wife recently purchased Rory’s, which is located adjacent to the subject property at 100 Main Street. He said he was not aware that the existing zero setback requirement. He noted that the property line for the subject property line is located in the middle of the alleyway, and the proposed change could greatly affect the way his business currently operates. He said he and his wife are opposed to any change that would impede their existing access. Mr. Chave clarified that the alleyway must be a certain width as required by City code, but he agreed there is an additional paved area outside of the alley that is privately owned. Under both the existing and the proposed zoning, this paved portion could be redeveloped, but the alley could not. Mr. Roundhill clarified that he was referring to the access area leading to his property, and not the alleyway. Mr. Young advised that he owns the paved portion of the property along the alleyway, and he has never stopped the owners of Rory’s from using the property as an access to their commercial building. However, there is no formal agreement in place to require the access to continue. Chair Guenther reminded the Board and the public that the purpose of the hearing is to determine the appropriateness of the proposed Comprehensive Plan change, and not to discuss setback and access issues between two property owners. Board Member Young said he is embarrassed by the whole process that allows a person to take up the Board, public and staff’s time to consider a proposed Comprehensive Plan change for property that he/she doesn’t even own. He reminded the Board that this same piece of property was discussed previously as part of the City’s effort to create the Downtown Plan. Chair Guenther reminded the Board and public that the purpose of the hearing is to discuss the merits of the proposed Comprehensive Plan change. However, he agreed that it is ridiculous to allow people to propose changes for properties they do not even own. THE PUBLIC PORTION OF THE HEARING WAS CLOSED. Board Member Henderson said that if the property owner were requesting the Comprehensive Plan amendment, he would be more inclined to consider the proposal. However, he said he is not sure he could support the change either way. He summarized that since the property owner is not in support of the proposed change, he is not inclined to even consider the request. Board Member Dewhirst said he would not support the proposed Comprehensive Plan amendment. However, his concerns are not related to property ownership. He said he does not believe the proposed change is appropriate at this time. He referred to the activity and zoning patterns that currently exist in the area to the west and east of the subject property and expressed his belief that the proposed change would be a step in the wrong direction. He agreed with the staff’s finding that if a transition were needed in this area in the future, it should be on the next few parcels to the north. He summarized his belief that it would be quite a long time before any change of this type would occur. He further noted that the proposed amendment would be inconsistent with the Comprehensive Plan policies. Vice Chair Bowman said he would vote against the proposed amendment, and he was opposed to the change when it was previously presented to the Planning Board, also. Chair Guenther said he cannot support the proposed change, either. He said he sees the proposal as a type of “spot planning” that leads to “spot zoning.” He agreed with the staff’s finding that the proposal would be a step in the wrong direction. The more intense zoning should be moving towards Main Street rather than away from Main Street. He concluded that the safety concerns raised by Mr. Huston would be better addressed by the Traffic Engineer rather than the Planning Board. Packet Page 388 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 6 Board Member Works said she would not support the proposed Comprehensive Plan amendment because it would lead to “spot planning.” She suggested it would be helpful to have some discussion with the City Council about how matters of this type are referred to the Board. It would also be helpful for the City Council to consider whether or not they inadvertently gave Mr. Huston the impression that the proposed change would be appropriate and something they would support. She agreed with Chair Guenther that traffic problems should be addressed by the City’s Traffic Engineer. Board Member Lovell pointed out that while he would not be voting on the proposal, he would not be in favor of it. He referred to a comment made at the beginning of the presentation that the BD2 zone allows both residential and office uses. He noted that other than the slight difference in the height restriction, there would be very little difference to justify the proposed change. In addition, he expressed his belief that too many changes would likely occur in this area in the future to consider changing this one piece of property right now. Board Member Reed said he would not support the proposed amendment, either. He agreed with Board Member Dewhirst’s previous comments. He added that as he reviewed the Comprehensive Plan Map and the Zoning Map, he found the existing zoning and land use designation to be exactly as they should be. BOARD MEMBER DEWHIRST MOVED THAT THE BOARD FORWARD A RECOMMENDATION OF DENIAL TO THE CITY COUNCIL FOR FILE NUMBER AMD-07-16 (AN APPLICATION TO AMEND THE COMPREHENSIVE PLAN FOR PROPERTY AT 110 SUNSET AVENUE NORTH FROM MIXED COMMERCIAL TO DOWNTOWN RESIDENTIAL OFFICE) BASED ON THE REASONS STATED IN THE STAFF REPORT. HE NOTED THAT THE PROPOSED AMENDMENT WOULD NOT CONFORM TO ANY OF THE CITY COUNCIL’S RECENT ACTIONS RELATED TO LAND USE PATTERNS, ZONING PATTERNS, AND THE RECENT COMPREHENSIVE PLAN UPDATE. BOARD MEMBER WORKS SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Board Member Dewhirst suggested that the City may have a short circuit in their procedures for Comprehensive Plan Map amendments. While he understands that, by State law, anyone can request a Comprehensive Plan amendment, it would be appropriate for the City to somehow notify a property owner if his/her property is being considered for a change, even if a formal application has not been filed. It is important for a property owner to know when his/her private property is going to be discussed at a City Council or Planning Board Meeting. He suggested that staff review the notification process for these situations. THE BOARD TOOK A BREAK AT 8:05 P.M. THEY RECONVENED THE MEETING AT 8:13 P.M. PUBLIC HEARING BY CITY ON REVISIONS TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) CHAPTER 17 – PROPERTY PERFORMANCE STANDARDS (NOT INCLUDING 17.40) Mr. Bowman reminded the Board that, upon the advice of the City Attorney, the nuisance regulations were moved forward to the City Council for inclusion in the City’s Municipal Code. He explained that the purpose of this hearing is to consider the new Chapter 17.60 – Property Performance Standards. He suggested that the most controversial provision in the proposed language is related to the regulation of recreational vehicles (RV’s). He noted that the City receives complaints about RV’s on a regular basis, so staff has brought the matter to the Planning Board for inclusion in the performance standards. He advised that contrary to what some people have suggested, the proposed language found in Chapter 17.60.040 would not ban RV parking. However, it would introduce provisions to regulate the use. Mr. Bowman advised that significant changes are also proposed for Chapter 17.60.030.F. He explained that after consulting with the City Attorney, it was felt that the proposed new standards in this section would be more enforceable. He introduced Mike Theis, Code Enforcement Officer, who was present to answer the Board’s questions regarding the proposed language. The Board and staff reviewed the proposed language and made the following comments: Packet Page 389 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 7 • Chapter 17.60.010 – Proof of Compliance. Mr. Bowman explained that the proposed language would require a business or use to retain an independent, qualified testing laboratory to make an analysis of the use to determine if it is in compliance with the standards. This places the burden of proof on the property owner rather than the City. • Chapter 17.60.030.A – Noise. Board Member Henderson noted that every year when the Edmonds Rotary Club sponsors the Waterfront Festival, they cut off the music at 10 p.m. because that was their understanding of the City’s noise ordinance. The proposed language would allow the music to continue until 11:30 p.m. Mr. Bowman pointed out that there are different noise standards that apply to various areas. • Chapter 17.60.030.B – Lighting. Board Member Dewhirst noted that this section regulates glare on public streets, highways and neighboring properties, but it does not address the issue of light pollution in the sky. Mr. Bowman noted the Board previously stated concern about light pollution, and agreed that staff should come back with a proposed code amendment in the future. • Chapter 17.60.030.F – Particulate Matter. Mr. Bowman advised that the three items in this section were redrafted to make them more consistent with the existing adopted City regulations. It was noted that the term “ACC, surface mining” should be deleted from the proposed language for Item F.2. • Chapter 17.60.040 – Vehicles in Residential Zones. Mr. Bowman advised that this section was drafted in response to complaints the City constantly receives about vehicles that are parked on residential properties, including RV’s, boats, etc. Board Member Works inquired if the City’s Fire Department has reviewed the draft language to address safety issues related to the storage of RV’s. Mr. Bowman answered that they have not. Board Member Works noted that house fires tend to jump from one home to another because homes are constructed so close together. She said she would be interested in learning more from the Fire Department about issues related to safety when RV’s are parked in the side yard setbacks. Board Member Young agreed and recalled that the Board discussed side yard setbacks previously. He expressed his belief that the City should prohibit RV’s that are not used from parking in the side yard setback areas. • Chapter 17.60.040.B.1.b – Vehicles in Residential Zones. Mr. Chave suggested the term “this regulation” should be more specific as to what regulation is being referenced. • Chapter 17.60.040.C – Vehicles in Residential Zones. Board Member Dewhirst inquired why the language only encourages screening from adjacent properties rather than requiring it. Mr. Bowman answered that most people actually do screen their vehicles from adjacent properties. However, if the Board wants to make this a requirement, staff could make the change. Chair Guenther pointed out that screening can be vegetation, as well as built items. He noted that any screening over six feet in height would require a building permit. Mr. Bowman noted that, currently, this requirement would only apply to built screening. Mr. Chave pointed out that this section applies to all residential properties. If it is important that the regulations only apply to single-family properties, the language should make this clear. He noted that a multi-family residential complex could have a designated area for parking recreational vehicles, and the provisions, as currently proposed, would not allow this to occur. He suggested the Board take a closer look throughout this entire section to make it clear whether the provisions would apply to single-family residential only or to multi-family residential, as well. • Chapter 17.60.040.E.1 – Vehicles in Residential Zones. Board Member Henderson said he owns property in Edmonds, which has a parking strip located parallel to the street in front of his home. He uses the space for visitor parking. However, according to the proposed language, a parking strip that runs parallel to the street would not be allowed. Parking strips must run parallel to the driveway, instead. Board Member Lovell said he currently knows of situations where property owners have constructed improved parking spaces parallel to the street in front of their homes. These spaces are located within the setback areas. Mr. Bowman explained that the proposed language would not prohibit vehicles from parking in the setback areas. However, when parking is created parallel to the street, the vehicles can take up a large portion of the front yard and make the home less visible. Board Member Henderson said he does not think the Packet Page 390 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 8 language should limit improved parking surfaces to only those that are parallel to the driveway. If they want to prohibit RV’s from parking in front of a house, they should limit the types of vehicles that can be parked in the front setback. He suggested that improved spaces for guest parking should not be regulated by the City. Board Member Young pointed out that there are numerous neighborhoods that were annexed into the City from the County, and parking strips parallel to the street are normal and serve a very useful purpose as long as they are only for guest parking. He said he would support a provision that prohibits vehicles from parking in these areas for more than 72 hours. He noted that the City does not allow storage and other structures in the front yard, so it would not be appropriate to allow RV parking and storage, either. At the request of the Board, Mr. Bowman agreed to modify the language in this section to allow guest parking as an exception. • Chapter 17.60.040.E.2 – Vehicles in Residential Zones. Board Member Dewhirst pointed out that the development code does not define the terms “front yard,” “side yard,” and “back yard.” He questioned if this section refers to the required setback. Mr. Bowman explained that, theoretically, the proposed language would allow vehicles to park in the setback areas. However, he noted that the City does not currently allow structures to be located within the setback areas, so it may be appropriate to also prohibit vehicles such as RV’s from parking in the setback areas, as well. Board Member Dewhirst expressed particular concern about allowing RV’s to park on the property line. He pointed out that houses are being constructed closer together, and setbacks are becoming more important. Board Member Young pointed out that Item E talks about appropriately licensed and operable vehicles, but Item E.2.a makes reference to junk vehicles. Mr. Bowman agreed that Item E.2.a should be pulled from this section. Mr. Bowman referred to Item E.2.a and suggested that the Board should discuss a possible definition for the term “maintained surface.” He also noted that the reference in Item E.2.d.5 should relate back to Chapter 6 rather than Chapter 17.60.010. Board Member Young referred to Item E.2.d.2 and noted that some people purchase cars to pull parts from and use the parts to fix other cars. He asked how this language would apply to these situations. Mr. Bowman said the objective of the proposed language is to allow a person to work on one vehicle at a time. Board Member Henderson noted that the proposed language would require a person to have a large garage because cars that are being used for parts would have to be stored in a structure or be screened from view. Chair Guenther referred to Item E.2.d.10 and suggested the words “shall remain” be deleted. Board Member Reed referred to Item E.2.d, which lists several activities that can occur on properties if certain criteria could be met. He suggested and the Board agreed that the language should be changed to read, “Work, including servicing, repairing, assembling, wrecking, modifying, restoring or otherwise working on vehicles outside an enclosed structure on a property is prohibited unless it meets the following criteria:” • Chapter 17.60.050 – Habitation Uses Prohibited. Mr. Bowman recalled that the Planning Board discussed this issue previously and agreed the proposed exception would be appropriate. Mr. Bowman reminded the Board that the City Council would be reviewing the Nuisance Ordinance on July 15th. He emphasized that the Nuisance Ordinance does not include standards related to RV’s. He suggested the Board continue this hearing to July 23rd so that those individuals who show up at the City Council Meeting prepared to speak about RV parking can be directed to attend the continued Planning Board hearing before a recommendation is forwarded to the City Council. Chair Guenther pointed out that it is sometimes difficult to apply all of the proposed standards equally throughout the City. For example, large lots make it easier to hide an RV or other vehicles, while five cars parked on a small residential lot would be too much. He suggested the Board consider the option of tailoring the requirements to the different sized residential lots. Packet Page 391 of 426 DRAFT Planning Board Minutes July 9, 2008 Page 9 Board Member Young expressed concern about allowing owners of larger properties to park more vehicles on their lots, particularly if the vehicles are inoperable. He cautioned against making requirements that are based upon the size of a lot. Board Member Reed recalled that the Board spent a great deal of time in 2007 reviewing Chapter 17.60. He inquired if the current draft represents any significant changes since the chapter was reviewed previously by the Board. Mr. Bowman answered that staff did make some tweaks to address the issues raised, but no significant changes were made to the document. He summarized that the proposed language was boiled down to what staff believes would be enforceable and address issues that come up all the time. He agreed to provide the Board Members with copies of the most recent drafts of the proposed amendment. Board Member Reed asked where definitions could be found for terms used in the proposed language. He emphasized the importance of providing clear definitions. Mr. Bowman answered that staff would make sure there are adequate definitions for each of the terms used. Mr. Bowman advised that if the Board doesn’t want to regulate RV’s, they could direct staff to remove the language from the proposed amendment. When people call to complain, staff could simply them that the City doesn’t regulate RV’s in residential zones. The same is true for any of the other nuisance standards. Board Member Works inquired how many complaints the City receives about RV’s. Mr. Theis answered that staff does not keep track of the number of complaints because the City doesn’t regulate RV’s at this time. However, he estimated they receive between 60 to 70 complaints per year related to RV’s, and this is their predominant complaint. He emphasized that, at this time, there are no regulations to deal with vehicles. About the half the complaints are associated with vehicles, and the majority of them are related to junk vehicles. Larry Austin, Edmonds, said he has lived in his current home for the past 42 years. He provided pictures to illustrate on- going situations that occur in his neighborhood and noted that the proposed amendments would address all of the issues. The pictures illustrated the following concerns: • A red car is parked in the front yard of a residential property on top of shredded wood. The property owner owns a tree cutting business, and he puts the shredded tree material in his yard. The picture also showed two other cars parked on the property, and both belong to the property owner. • Chipped wood has been strewn on the ground with cars parked on top of it. • Various materials are being stored in front of a garage, making the garage impossible for the property owner to use. There is a truck and other material located in front of the garage, as well as motorcycles. • A boat is stored in the backyard. There used to be a swimming pool in the backyard, but there was no fence to keep the neighborhood children out. • A personal car is parked on the street with a business card in the window to advertise the tree service. Mr. Austin summarized that the existing situation is disturbing to him, and he has not received any results by contacting the City’s Code Enforcement Officer to issue his complaints. He said he has learned that numerous complaints have been made about the subject property, which is being used more as a storage facility than a residential home. He noted that the pictures illustrate numerous violations, and the draft language would address them all. He urged the Board to recommend approval of the draft language. Board Member Young asked if running a business in a residential zone would be addressed by the proposed language. Mr. Theis answered that this particular property owner has a home occupation permit, but the City does receive numerous complaints about the condition of the property. Missy Huff, Edmonds, referred to property located on 86th Place where two inoperable motor homes are being stored in a side yard of a residential property. The property is a corner lot. When she pulls into her neighborhood, the first thing she sees are the motor homes, and they have been there for at least three years. She summarized that the proposed performance standards are necessary to deal with situations such as this. Ms. Huff advised that she is a realtor, and she has had a house on the market across the street from a property that has vehicles stored in the side yard. The car hasn’t been used for years, and a transformer from an electrical unit is being stored Packet Page 392 of 426 Item #6a City of Edmonds Z Planning Board Meeting Date: July 9, 2008 Agenda Subject: Public Hearing on proposal to amend the Comprehensive Plan designation for property located at 110 Sunset Avenue from Downtown Mixed Commercial to either (1) Downtown Residential Office or (2) Multi Family – High Density. (File #AMD-07-16) Staff Lead / Author: Rob Chave Initiated By: ; City Council … Planning Board … City Staff ; Citizen Request … Other: Background This is a public hearing regarding a proposal by Harold Huston, a resident at 111 Main Street, to change the comprehensive plan designation of property at 110 Sunset Avenue from Downtown Mixed Commercial to either (1) Downtown Residential Office or (2) Multi Family – High Density. The site (110 Sunset) is currently occupied by a single family residence. Existing zoning of the site is BD2, which is consistent with the property’s Comprehensive Plan designation. Attached to this memo (Attachment 1) are maps showing, in order, an aerial view, two views of the current plan designations, and, finally, the zoning of the property and its vicinity. The proposal was referred to the Planning Board on the request of the City Council as a follow-up to a specific request made Mr. Harold Huston, a nearby resident. Mr. Huston appeared before the Planning Board previously (see Attachment 3 for materials from the earlier review), and the Planning Board recommended to Council that the issue be taken up during 2008 (see particularly the memorandum dated 9/27/2007 from Cary Guenther, Planning Board Chair). Attachment 2 contains an excerpt from the Land Use Element of the Comprehensive Plan which details the policy direction for the Downtown Waterfront Activity Center. The subject property – along with its surroundings – is located within the Activity Center. The plan designations and zoning for the commercial properties in the Activity Center – including 110 Sunset – were the subject of a significant update to the Comprehensive Plan in 2004-2005. This process resulted in the current plan, which was adopted in March, 2005. A Edmonds Planning Board Agenda Memo Packet Page 393 of 426 2 follow-up update of the zoning map was completed in January 2007, at which time the various BD zones were applied within the Downtown Activity Center. Analysis The purpose of this hearing is to explore the idea of whether a transition – and if so, what type of transition – should be considered for the property located at 110 Sunset. Depending on the outcome of the hearing, the Planning Board could recommend pursuing a specific change (with another, specific hearing on that proposal), or the Board could decide not to pursue any further action at this time. In the latter case, a memo to the Council explaining the Board’s position would be in order. The Planning Board’s rationale for deferring consideration of Mr. Huston’s request was based on two issues, (1) whether there might be new development initiatives that indicate a need to revisit portions of the downtown plan and zoning and (2) whether there are reasons for revisiting transitions within the downtown area. In the first case, while there has been much discussion concerning development within the Downtown Master Plan district (focusing on the Skippers and antique mall properties), there is not a clear direction regarding future development or the public role in that development. Because the updates to the Downtown Waterfront Activity Center plan are so recent (2004/2005), it is hard to make a case for re-opening the overall plan direction at this time, absent a compelling change in the development pattern. In the second case, much of downtown has a pattern of commercial uses bordered by multi family uses before the final transition is made to single family uses. The location in question here is one of a few in which commercial uses border single family zones directly. In fact, the subject property is still in residential use, even though it is planned and zoned for commercial. Given this situation, it could be argued that there is a need for some multi family zoning to help provide a “transition” between the commercial and single family development areas. The problem with changing the plan designation (and ultimately the zoning) of the subject property is two- fold. First, it would move the boundary closer to Main Street than is currently found anywhere else west of 5th Avenue. All the other commercial properties along Main Street are at least as deep as the two lots at this location, and it is a concern that reducing the commercial depth from Main Street could hinder future commercial uses and activity along this important commercial street. When you look at the overall plan and zoning pattern it is apparent that if a transition is to be consistent with the other portions of downtown, then some type of multi family designation could be considered for the properties north of 110 Sunset, rather than on 110 Sunset itself. This is would be consistent with the properties to the west and east of the subject area, on the west side of Sunset and the west side of 2nd Avenue. In fact, the properties along the west side of Sunset were just changed from single family to the new Planned Residential-Office designation and OR zone in 2005 and 2007, respectively. A concern with this approach – moving the transition northward along Sunset – would be whether the current established pattern warrants a change. There is currently no indication that the owners of those properties would like to have their properties changed, and no indication that a change would be beneficial to the city or the neighborhood. Currently, the multifamily properties along the west side of 2nd Avenue North Packet Page 394 of 426 3 demark the westward boundary of more intensive uses, providing a step-down of intensity from the more intensively developed commercial properties along 3rd and 4th Avenues. The other option would be to consider a different commercial zone for 110 Sunset, as Mr. Huston suggests. However, the Planned Residential-Office designation was a very specifically developed designation, addressing the unique topography and transitional challenges of those properties along the west side of Sunset – not the same as the situation at 110 Sunset. Again, the concern is that this could reduce the potential long-term viability of commercial uses along Main Street, and it is hard to develop a justification for making this change for just a single property. To make a change in the Comprehensive Plan, the following must be considered. 20.00.050 Findings. Amendment to the comprehensive plan may be adopted only if the following findings are made: A. The proposed amendment is consistent with the provisions of the Edmonds Comprehensive Plan and is in the public interest; B. The proposed amendment would not be detrimental to the public interest, health, safety or welfare of the city; C. The proposed amendment would maintain the appropriate balance of land uses within the city; and D. In the case of an amendment to the comprehensive policy plan map, the subject parcels are physically suitable for the requested land use designation(s) and the anticipated land use development(s), including, but not limited to, access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints. [Ord. 3076 § 1, 1996]. Conclusions and Recommendation The following is staff’s opinion on how the proposal relates to the four criteria. A. Staff is concerned that the proposal would be inconsistent with the analysis and plan amendments completed during the 2004/2005 plan update, which recently established the current plan designations downtown. B. The proposed change would not be detrimental to the public interest, health, safety or welfare of the city. C. The proposed change would not alter the overall balance of land uses within the city, but would create a unique situation at this location regarding the depth of the standard BD zoning from Main Street. A more logical change would be to examine the properties north of 110 Sunset for such a change, but staff is concerned that this is premature at this time, particularly since undertaking such changes along the east side of Sunset could create a significant change in the character of that street. D. The topography and layout of the subject parcel is suitable for the proposed use, just as it is for the current use. As discussed previously, staff is concerned that changing 110 Sunset to a more restrictive commercial land use designation or a multi family designation would create an unusual Packet Page 395 of 426 4 situation relative to the depth of the BD zone along Main Street (note that the neighboring properties to the east and west of 110 Sunset are – and will remain – designated as Downtown Mixed Commercial and zoned BD2). Based on the foregoing discussion, staff recommends not making a change to the Comprehensive Plan for the property at 110 Sunset – or the properties to the north – at this time. Attachments: 1. Vicinity Map: Aerial Vicinity Map: Comprehensive Plan; 1 inch = 200 feet Vicinity Map: Comprehensive Plan; 1 inch = 400 feet Vicinity Map: Zoning 2. Excerpt from Comprehensive Plan Land Use Element, Downtown Waterfront Activity Center 3. Previous Planning Board material Packet Page 396 of 426 2 N D A V E N A D S T D A V E S Subject Property 010020050 Feet ° Packet Page 397 of 426 2 N D A V E N S U 4 T H A JA M E S ST R O A D A V E S U N S E T A V E S 2 N 3 R D AV E N B ELL M AIN S T 3 R D A V E S 4 T H A V E S R A I L R O A D S T 2 N D A V E S Subject Property 0200400100 Feet ° Multi Family - High Density Single Family Urban 1 Downtown Master Plan Downtown Mixed Commercial Planned Residence - Office Downtown Mixed Commercial Retail Core Downtown Mixed Residential MF - Med MF - High Packet Page 398 of 426 3 R D A V E N 2 N D A V E N 6 T H A V E N S U N S E T A V E N 4 T H A V E N JAMES ST R A I L R O A D A V E 5 T H A V E N S U N S E T A V E S GLEN ST 2 N D A V E N 2 N D A V E N 3 R D A V E N CAROL WAY 3 R D A V E N BELL ST MAIN ST 6 T H A V E N D AYTON ST SATER LANE 3 R D A V E S 4 T H A V E S E D M O N D S W Y /S R 1 0 4 6 T H A V E S 5 T H A V E S WALN UT ST R A I L R O A D S T GILTNER LANE D U R B I N S T ALOHA WAY 2 N D A V E S EDM ONDS ST ALDER ST 2 N D A V E S 3 R D A V E S 4 T H A V E S 4 T H A V E S Subject Property 0 400 800200 Feet ° Multi Family - High Density Single Family Urban 1 Downtown Master Plan Public Downtown Mixed Commercial Retail CoreDowntown Mixed Residential MF - Med MF - High MF - High Public Packet Page 399 of 426 (((((((((((((( ((((((((( (((((( (((( (((((((((((( (((((( (((((((((((((( (((((((((((((((( (((((((((((((((( (((((( ((((((((( (((((((((( ((((((((((((((( (((((( (((((( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( ((((((((( ((((((((( ((((((((( ((((((((( !!!!!!!!! Brackett's Landing North 2 N D A V E N RAILRO A D S T 2 N D A V E S ± 100 050 Feet Zoning Vicinity Map File AMD-2007-16 ! ! ! !! ! ! ! ! ! ! ! ! Rezones PRD RS-6 RS-8 RS-10 RS-12 RSW-12 RS-20 RS-MP RM-3 RM-2.4 RM-1.5 RM-EW ((((((((( BD1 ((((((BD2 ((((((BD3 (((((((((BD4 ((((((((( BD5 ((((((OR BP ! ! ! ! ! ! ! ! ! ! ! !BN BC BC-EW CG CG2 CW MP1 MP2 MU ! ! ! ! ! !P OS Subject Property BD2 RM-1.5 RM-3 RM-2.4OR BC BD2 RS-6 Packet Page 400 of 426 Land Use 25 Downtown Waterfront Activity Center A. Plan Context. A number of public plans and projects have been taking shape in recent years, and these will have a profound impact on the future of the city’s downtown waterfront area. Some of these ongoing activities include: • Transportation planning and the Edmonds Crossing multimodal project which will move the existing ferry terminal at the base of Main Street to a new multimodal transportation center at Pt. Edwards. • Continued development of the city’s waterfront parks and walkways into an interconnected necklace of public spaces. • The South County Senior Center is undertaking strategic planning to look at its facilities, programs, and services. • Public access to the water and the natural beauty of the waterfront figures prominently in the Port of Edmonds’ plans, including new plazas, improved walkways and public art. Public pedestrian/bicycle access across the railroad tracks to the waterfront, in the vicinity of the south end of the marina, near Marina Beach Park, should remain a high priority. • Arts plans continue to be implemented throughout the downtown, including such projects as the Edmonds Center for the Arts, the Artworks facility, and the continued expansion of downtown festivals and events. • Edmonds Community College has expanded its downtown presence through new initiatives with the Edmonds Floral Conference Center and is working with the Edmonds Center for the Arts to enhance overall operations. B. Downtown Vision. Taken together, the goals and policies for the Downtown Waterfront Activity Center present a vision for Edmonds downtown waterfront. By actively pursuing the ferry terminal’s relocation, the City has set upon an ambitious and exciting course. It is a course that holds promise for the downtown waterfront, but it is one that will require concerted action by the entire community, including local, state and federal public officials, business groups and citizens. While the challenges presented in this effort are substantial, the possible rewards are even greater, for with its existing physical assets, future opportunities and the energy of its citizens, Edmonds has the potential to create one of the region’s most attractive and vital city centers. Components of the overall vision for the downtown waterfront area include: • The Edmonds Crossing multimodal transportation center provides convenient transportation connections for bus, ferry, rail, auto and bicycle riders and makes Edmonds an integrated node in the regional transportation system. The new terminal reduces negative impacts to downtown Edmonds while still providing a link between the terminal and downtown Edmonds. The project provides the community with varied transportation resources and an economic stimulus to the larger community. Packet Page 401 of 426 26 Land Use • Downtown is extended westward and connected to the shoreline by positive mixed-use development as well as by convenient pedestrian routes. Redevelopment of the holding lanes and SR-104 is pursued after the ferry terminal relocates to Point Edwards. • The shoreline features a full spectrum of recreational activities, park settings, marina facilities, and supporting uses. • There is a more efficient transportation system featuring commuter and passenger trains, increased bus service, pedestrian and bicycle routes, and adequate streets and parking areas. • There is a more active and vital setting for new retail, office, entertainment and associated businesses supported by both nearby residents and the larger Edmonds community, and that attracts visitors from throughout the region. • The downtown supports a mix of uses, including traditional commercial and multi family development with new mixed-use development types. Single family neighborhoods are a part of this mix of uses, and contribute to the choice of housing and character of downtown. • Opportunities for new development and redevelopment reinforce Edmonds’ attractive, small town pedestrian-oriented character. Pedestrian-scale building height limits are an important part of this quality of life, and remain in effect. • Provide incentives to encourage adaptive reuse as an alternative to redevelopment of historic structures in order to preserve these resources. • Auto traffic is rerouted to minimize impact to residential neighborhoods. C. Goals for the Downtown Waterfront Area. To achieve this vision, goals for the Downtown Waterfront Activity Center include: • Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. • Continue to plan for and implement the Edmonds Crossing multimodal transportation center at Pt. Edwards – pursuing the design, permitting, land acquisition and development of the project. The completion of Edmonds Crossing will help address the competing needs of three regional facilities (transportation, parks and open space – including the Edmonds Marsh, and the Port of Edmonds) while providing opportunities for redevelopment and linkage between downtown Edmonds and its waterfront. • Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian-oriented design elements, while protecting downtown’s identity. • Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown’s focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. Emphasize and plan for links between the retail core and these supporting areas. Packet Page 402 of 426 Land Use 27 • Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multi-family residential uses. • Develop gateway/entrance areas into downtown which serve complementary purposes (e.g. convenience shopping, community activities). • Explore alternative development opportunities in the waterfront area, such as specifically encouraging arts-related and arts-complementing uses. D. Transportation. Primary goals of the City’s Downtown Waterfront Plan include integrating the downtown core with the waterfront, improving pedestrian access and traffic circulation, and encouraging mixed-use development. Current conditions limit the city's ability to achieve these plan goals by making it difficult to move between the two areas, thereby minimizing the value of the shoreline as a public resource and amenity while adversely affecting the potential for redevelopment. A number of studies and public involvement projects have been completed to determine how to meet the variety of transportation needs that converge within Downtown Edmonds. Following an initial 1992 Ferry Relocation Feasibility Study and a visioning focus group convened by Edmonds’ Mayor in April 1992, the importance of the conflicting transportation needs culminated in the City of Edmonds, Washington State Ferries, and Community Transit signing a Memorandum of Understanding (MOU) in November 1993. The MOU called for the cooperative development of solutions to the conflicts between the City’s growth plans and ferry traffic in particular. In response to that agreement, preliminary engineering and environmental analysis of alternatives began in late 1993. In 1994, the Edmonds City Council held public hearings on the possibility of relocating the existing ferry terminal and incorporating a new terminal within a larger multimodal project. As a result of the hearings, the Council expressed support for a regional multimodal facility. The Council also approved the 1994 Edmonds Downtown Waterfront Plan which specifically supported the facility’s location at Pt. Edwards. Further environmental review and facility definition resulted in a recommendation that an alternative site (other than the existing Main Street location) should be developed as a multimodal facility serving ferry, rail, bus, pedestrian, and bicycle travel needs. Several alternative sites for the relocated ferry terminal and the proposed multimodal center were evaluated as part of the early environmental screening process. During this screening process, federal, state, regional, and local regulatory agencies—including affected Tribes— provided input regarding issues that could impact selecting reasonable alternatives. Based on this extensive screening process, two alternatives were recommended for further analysis in the Environmental Impact Statement process. A Draft Environmental Impact Statement (DEIS) was issued on February 25, 1998, and the Final EIS was issued on November 10, 2004. Pt. Edwards is the preferred alternative for a multimodal terminal site. In addition to the transportation benefits of moving the existing ferry terminal, a number of redevelopment opportunities will result within the downtown waterfront area. These range from park and public access improvements to opportunities for significant redevelopment and connections between the waterfront and downtown. Packet Page 403 of 426 28 Land Use Edmonds Crossing. Edmonds Crossing is a multimodal transportation center proposed to be constructed at Point Edwards, the former UNOCAL oil storage facility south of the Edmonds Marina. This multimodal transportation center will provide the capacity to respond to growth while providing improved opportunities for connecting various forms of travel, including rail, ferry, bus, bicycle, walking and ridesharing. The project is supported by local, regional, and state plans, including the Puget Sound Regional Council’s Destination 2030 Metropolitan Transportation and VISION 2020 plan; Washington State Ferries’ (WSF) System Plan for 1999-2018; Snohomish County’s countywide Transportation Plan; the City of Edmonds Comprehensive Plan; and the Port of Edmonds Strategic Plan and Master Plan. Edmonds Crossing will provide: • Intersection improvements at Pine Street and SR-104; • Interconnection of Amtrak service to Chicago and Vancouver, B.C., Sounder commuter rail service between Everett and Seattle, and other regional transportation modes; • Connections to the regional transit system with direct bus service to communities throughout the urban growth area; • Enhanced ability for people to rideshare, bicycle and walk to connect with travel opportunities at the multimodal center; • Improved safety and travel on Edmonds local streets and along SR-104 between the ferry terminal and I-5. • Linkage between Navy facilities at Everett and on the Kitsap peninsula. The project includes: • A ferry terminal; • A train station; Figure 9. Integration of the remaining ferry pier structure into surrounding parks will be a key public benefit and opportunity. Packet Page 404 of 426 Land Use 29 • A transit center for bus and regional transit, as well as the opportunity for riders to connect to downtown businesses via a local circulator service; • The flexibility to operate the facility to respond to changing travel demands; • Safety features including grade separation of train traffic from other modes of travel, designated vehicle parking and holding areas, and improved passenger waiting areas. Figure 10. Edmonds Crossing “preferred alternative” from the 2004 FEIS. Packet Page 405 of 426 30 Land Use While the Edmonds Crossing project will directly benefit the transportation system, the project will also provide significant benefits to downtown Edmonds. Completion of the project provides an opportunity to redevelop the existing ferry terminal facilities and the related holding lanes in the downtown area. Providing a connection from the new multimodal terminal to downtown Edmonds will potentially bring more visibility and visitors to the downtown area. E. Plan Policies and Implementation Strategy. The vision and goals for Downtown Waterfront Activity Center are designed to present a coherent vision for future development in the area. To implement this vision, a series of policies and an implementation strategy are intended to guide future public and private actions. Implementation Strategy. Key issues tied to the viability and health of the downtown waterfront area include using the Edmonds Crossing project to help resolve transportation issues, linking downtown with the waterfront, and taking advantage of redevelopment opportunities arising from emerging trends and public investments. The largest single factor affecting the downtown waterfront area is the timing and construction of the Edmonds Crossing project. Because of this, a two-phased downtown waterfront Packet Page 406 of 426 Land Use 31 redevelopment strategy is envisioned. The first phase includes actions taken before the existing ferry terminal is relocated to the Pt. Edwards site, and is intended to include actions taken to support ongoing redevelopment and arts-related improvements downtown. This phase will also set the framework for subsequent redevelopment after the terminal’s relocation. The second phase is aimed at comprehensive redevelopment to link the downtown with the waterfront, better utilize shoreline resources, increase economic viability and provide the setting for a broad range of community functions. Short Term Actions. Short term actions are those actions that can take place prior to construction of the Edmonds Crossing project, generally in the next 5-7 years. 1. Plan for the Edmonds Crossing project at Pt. Edwards which includes relocation of the existing ferry terminal. Planning should also include reuse of the current ferry terminal and related holding area. 2. Improve the existing downtown rail station between Dayton and Main Streets in order to better accommodate inter-city passenger and commuter rail service, including provisions for bus and commuter traffic as well as pedestrian connections to the waterfront and downtown. During the short term planning period, evaluate the feasibility of retaining a commuter rail presence downtown after the construction of Edmonds Crossing.. 3. Plan for future joint public/private development of the area between SR-104 and the railroad tracks. Planning activities could potentially include infrastructure planning, property acquisition, parking management, development incentives and guidelines or modifications to land use regulations (such as zoning or master planning). Although Amtrak and commuter rail service will be included as a part of the Edmonds Crossing project, the City and transit service providers should examine whether a commuter rail stop can be retained between Dayton and Main Streets in order to provide improved service and stimulate potential redevelopment of the surrounding area. 4. Upgrade secondary downtown streets for pedestrians. Implement the city’s public urban design plan and street tree plan while expanding public amenities and streetscape improvements in areas where these do not already exist. These improvements are particularly needed along Main and Dayton Streets in the area between downtown and the waterfront in order to improve pedestrian connections between downtown and the waterfront area. Pedestrian improvements should be combined with traffic improvement projects where applicable. 5. Continue to promote shoreline management and public access to the city’s beaches, parks, and walkways. 6. Continue implementing a continuous shoreline walkway (boardwalk/esplanade) from Brackett’s Landing North to Point Edwards. Work with the Port of Edmonds to integrate recreation and marina functions into the long term plan. 7. Work with the Senior Center to plan for long term needs for the senior center facilities and programs. 8. Encourage a variety of housing to be developed as part of new development and redevelopment of downtown properties. Housing should be provided to serve a diverse community, including single family homes, multi family apartments and condominiums, housing as part of mixed use developments, and housing connected with live/work developments that Packet Page 407 of 426 32 Land Use could also encourage an arts-oriented community in the downtown area. A special focus for arts- supporting live/work arrangements could be in the corridor and nearby residential areas linking downtown with the Edmonds Center for the Arts. 9. Begin improvements to mitigate ferry terminal traffic (and other traffic) increases, as envisioned in the Edmonds Crossing project and the transportation element of the comprehensive plan. 10. Develop “gateways” at key entrances to the downtown area which enhance the identity and sense of place for downtown. Gateways should signal that visitors are entering downtown Edmonds, and should include elements such as public art, landscaping, signage and directional (“way-finding”) aids. Long Term Actions. Long term actions are those actions that can take place during or after construction of the Edmonds Crossing project, generally in the next 7-20 years. 1. Complete a multi modal transportation center at Point Edwards for: • Rail (inter-city and commuter) • Ferry • Park & Ride/Auto • Bus • Pedestrian and shuttle connections to other features and amenities. 2. Complete redevelopment of the Point Edwards site consistent with an overall master plan that provides for commercial or mixed use development compatible with the Edmonds Crossing project. 3. Coordinate circulation and public parking with Port development. 4. Continue to protect and enhance existing wetlands and continue to develop supporting non-intrusive interpretive trails and exhibits. 5. Continue development of a “necklace” of shoreline parks with improvements, focusing on missing links in the park and walkway system. Retain and expand existing parks, providing linkages whenever property acquisitions or easements become available for public use. 6. Encourage the development of centralized parking facilities as part of redevelopment projects. Under the right circumstances, these types of facilities can provide an efficient mechanism for consolidating expensive parking improvements while freeing up land for more intensive and desirable uses that support local housing, commercial, and pedestrian activities. Public/private partnerships should be explored when the opportunity arises, both in private and public projects (e.g. the commuter rail station downtown). Centralized parking facilities could be built as part of a master-planned mixed-use development. 7. Redevelop the existing ferry terminal site at the base of Main Street according to a master plan after the existing ferry terminal has been relocated to Point Edwards. This is a unique location, situated in the midst of a continuous park and beach setting, and provides opportunities for public/private partnerships. Ideas to be pursued include public “festival” entertainment or activity space, visitor moorage, park and public walkways, and other uses that would encourage this as to become a destination drawing people from south along the waterfront and eastward up Packet Page 408 of 426 Land Use 33 into downtown. Redevelopment of this area should be done in a manner that is sensitive to and enhances the views down Main Street and from the adjoining parks and public areas. 8. Redevelop the area from the east side of SR-104 to the railroad tracks, from Harbor Square to Main Street, according to a mixed use master plan. This area could provide a significant opportunity for public/private partnerships. Under the right circumstances, consolidated parking or a pedestrian crossing to the waterfront could be possible as part of a redevelopment project. Every opportunity should be taken to improve the pedestrian streetscape in this area in order to encourage pedestrian activity and linkages between downtown and the waterfront. Uses developed along public streets should support pedestrian activity and include amenities such as street trees, street furniture, flowers and mini parks. Main and Dayton Streets should receive special attention for public art or art integrated into private developments to reinforce the visual arts theme for downtown. Redevelopment of this area should also take advantage of the ability to reconfigure and remove the ferry holding lanes paralleling SR-104 once the Edmonds Crossing project is developed. 9. Support redevelopment efforts that arise out of planning for the long term needs of the senior center. These plans should reinforce the center’s place in the public waterfront, linking the facility to the walkways and parks along the shoreline. 10. New development and redevelopment in the downtown waterfront area should be designed to meet overall design objectives and the intent of the various “districts” described for the downtown area. Downtown Waterfront Plan Policies. The following policies are intended to achieve the goals for the downtown waterfront area: E.1. Ensure that the downtown waterfront area continues – and builds on – its function as a key identity element for the Edmonds community. E.2. Future development along the waterfront should support the continuation and compatible design of three regional facilities: Edmonds Crossing at Pt. Edwards; the Port of Edmonds and its master plan; and the regional parks, beaches and walkways making up the public shoreline. E.3. Utilize the Point Edwards site to its best community and regional potential by developing a multimodal transit center with compatible development in the surrounding area. In addition to the regional benefits arising from its multi modal transportation function, an essential community benefit is in removing intrusive ferry traffic from the core area which serves to visually and physically separate downtown from the waterfront. E.4. Establish a Point Edwards multimodal transportation center which provides convenient transportation connections for bus, ferry, rail, auto, pedestrians and bicycle riders and makes Edmonds an integrated node in the regional transportation system. The new terminal should be planned to reduce negative impacts to downtown Edmonds – such as grade separation/safety concerns and conflicts with other regional facilities – while providing the community with unique transportation resources and an economic stimulus to the larger community. E.5. Extend Downtown westward and connect it to the shoreline by encouraging mixed-use development and pedestrian-oriented amenities and streetscape improvements, particularly along Packet Page 409 of 426 34 Land Use Dayton and Main Streets. Development in this area should draw on historical design elements found in the historic center of Edmonds to ensure an architectural tie throughout the Downtown Area. Pursue redevelopment of SR-104 and the existing holding lanes once the ferry terminal moves to Point Edwards. E.6. Enhance Edmonds’ visual identity by continuing its pedestrian-scale of downtown development, enhancing its shoreline character, and protecting and building on the strong visual quality of the “5th and Main” core. E.7. Improve traffic conditions by removing ferry traffic impacts from the downtown core. E.8. Improve and encourage economic development opportunities by providing space for local businesses and cottage industries and undertaking supporting public improvement projects. Of particular significance is the enhancement of economic development opportunities resulting from the Edmonds Crossing project and the enhancement of Edmonds as an arts and water-oriented destination. E.9. Enhance shoreline features to include a full spectrum of recreational activities, park settings, natural features (such as the Edmonds Marsh), and marina facilities. Improve public access to the shoreline and link waterfront features by establishing a continuous esplanade along the shoreline. The esplanade will be constructed over time through public improvements and Shoreline Master Program requirements placed on private development. E.10. Provide a more efficient transportation system featuring improved bus service, pedestrian and bicycle routes, and adequate streets and parking areas. E.11. Encourage a more active and vital setting for new retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, downtown commercial activity and visitors from throughout the region. E.12. Support a mix of uses downtown which includes a variety of housing, commercial, and cultural activities. E.13. Support the development and retention of significant public investments in the downtown waterfront area, including government and cultural facilities that help draw residents and visitors to downtown. E.14. Encourage opportunities for new development and redevelopment which reinforce Edmonds’ attractive, small town pedestrian oriented character. Provide incentives to encourage adaptive reuse as an alternative to redevelopment of historic structures in order to preserve these resources. These historic structures are a key component of the small town character of Edmonds and it’s economic viability. Height limits that reinforce and require pedestrian-scale development are an important part of this quality of life, and should be implemented through zoning regulations and design guidelines. E.15. Provide greater residential opportunities and personal services within the downtown, especially to accommodate the needs of a changing population. E.16. Provide for the gradual elimination of large and inadequately landscaped paved areas. Packet Page 410 of 426 Land Use 35 E.17. Provide pedestrian-oriented amenities for citizens and visitors throughout the downtown waterfront area, including such things as: • Weather protection, • Street trees and flower baskets, • Street furniture, • Public art and art integrated into private developments, • Pocket parks, • Signage and other way-finding devices, • Restrooms. E.18. Strive for the elimination of overhead wires and poles whenever possible. E.19. Coordinate new building design with old structure restoration and renovation. E.20. Develop sign regulations that support the pedestrian character of downtown, encouraging signage to assist in locating businesses and public and cultural facilities while discouraging obtrusive and garish signage which detracts from downtown pedestrian and cultural amenities. E.21. Provide lighting for streets and public areas that is designed to promote comfort, security, and aesthetic beauty. E.22. Building design should discourage automobile access and curb cuts that interfere with pedestrian activity and break up the streetscape. Encourage the use of alley entrances and courtyards to beautify the back alleys in the commercial and mixed use areas in the downtown area. Downtown Waterfront Districts. In addition to the goals and policies for the downtown waterfront area, the Comprehensive Plan Map depicts a number of districts in the downtown waterfront area. These districts are described below. Retail Core. The area immediately surrounding the fountain at 5th and Main and extending along Main Street and Fifth Avenue is considered the historic center of Edmonds and building heights shall be pedestrian in scale and compatible with the historic character of this area. To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses and the entry situated at street level. Uses are encouraged to be retail-compatible (i.e. retail or compatible service – e.g. art galleries, restaurants, real estate sales offices and similar uses that provide storefront windows and items for sale to the public that can be viewed from the street). The street front façades of buildings must provide a high percentage of transparent window area and pedestrian weather protection along public sidewalks. Design guidelines should provide for pedestrian-scale design features, differentiating the lower, commercial floor from the upper floors of the building. Buildings Packet Page 411 of 426 36 Land Use situated around the fountain square must be orientated to the fountain and its associated pedestrian area. Arts Center Corridor. The corridor along 4th Ave N between the retail core and the Edmonds Center for the Performing Arts. To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses, with commercial entries being located at street level. Building design and height shall be compatible with the goal of creating a pedestrian oriented arts corridor while providing incentives for the adaptive reuse of existing historic structures. Building entries for commercial buildings must provide pedestrian weather protection. Design guidelines should provide for pedestrian- scale design features, differentiating the lower floor from the upper floors of the building. The design of interior commercial spaces must allow for flexible commercial space, so that individual business spaces can be provided with individual doorways and pedestrian access directly to the public sidewalk. The streetscape should receive special attention, using trees, landscaping, and public art to encourage pedestrian activity. Private development projects should also be encouraged to integrate art into their building designs. Where single family homes still exist in this area, development regulations should allow for “live-work” arrangements where the house can accommodate both a business and a residence as principal uses. Uses supporting the arts center should be encouraged – such as restaurants, cafés, galleries, live/work use arrangements, and B&Bs. Downtown Mixed Commercial. To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses., with commercial entries at street level. Buildings can be built to the property line. Building heights shall be compatible with the goal of achieving pedestrian scale development. The first floor of buildings must provide pedestrian weather protection along public sidewalks. Design guidelines should provide for pedestrian-scale design features, differentiating the lower, commercial floor from the upper floors of the building. The design of interior commercial spaces must allow for flexible commercial space, so that individual business spaces can be provided with individual doorways and pedestrian access directly to the public sidewalk. When the rear of a property adjoins a residentially-designated property, floor area that is located behind commercial street frontage may be appropriate for residential use. Where single family homes still exist in this area, development regulations should allow for “live-work” arrangements where the house can accommodate both a business and a residence as principal uses. Downtown Mixed Residential. In this area, commercial uses would be allowed but not required (i.e. buildings could be entirely commercial or entirely residential, or anything in between). Height and design of buildings shall conform to the standards of the Downtown Mixed Commercial District. Buildings facing the Dayton Street corridor should provide a pedestrian- friendly streetscape, providing pedestrian amenities and differentiating the ground floor from upper building levels. Downtown Master Plan. The properties between SR-104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Rail parking area up to Main Street. This area is appropriate for design-driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. The location of existing taller buildings on the waterfront, and the site's situation at the bottom of “the Bowl,” could enable a design that provides for higher buildings outside current view corridors. Any redevelopment in this area should be oriented to the street fronts, and provide pedestrian-friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is Packet Page 412 of 426 Land Use 37 an area that provides a “first impression” of the city from railroad passengers and visitors to the waterfront. Art work, landscaping, and modulated building design should be used throughout any redevelopment project. Shoreline Commercial. The waterfront, west of the railroad tracks between the public beaches and the Port (currently zoned CW). Consistent with the City's Shoreline Master Program, this area should allow a mix of public uses, supporting commercial uses, and water-oriented and water-dependent uses. Building heights shall be compatible with the goal of achieving pedestrian scale development while providing incentives to encourage public view corridors. Roof and building forms should be an important consideration in design guidelines for this area, because of its high sensitivity and proximity to public open spaces. Redevelopment should result in singular, landmark buildings of high quality design which take advantage of the visibility and physical environment of their location, and which contribute to the unique character of the waterfront. Pedestrian amenities and weather protection must be provided for buildings located along public walkways and street fronts. Master Plan Development. The waterfront area south of Olympic Beach, including the Port of Edmonds and the Point Edwards and multi modal developments. This area is governed by master plans for the Port of Edmonds, Point Edwards, and the Edmonds Crossing project as described in an FEIS issued on November 10, 2004. These areas are also developed consistent with the City's Shoreline Master Program, as it applies. Downtown Convenience Commercial. This is the south end of 5th Ave, south of Walnut. Commercial uses would be required on the first floor, but auto-oriented uses would be permitted in addition to general retail and service uses. To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses. Weather protection would still be required, but to a lesser degree than the retail core and only when the building was adjacent to the sidewalk. Height and design of buildings shall conform to the standards of the Downtown Mixed Commercial District. When the rear of a property adjoins a residentially-designated property, floor area that is located behind the commercial street frontage may be appropriate for residential use. Planned Residential-Office. Several properties lie along the railroad on the west side of Sunset Ave between existing commercial zoning and Edmonds Street. This area is appropriate for small- scale development which provides for a mix of limited office and residential uses which provide a transition between the more intensive commercial uses along Main Street and the residential uses along Sunset Ave. Because the area of this designation is located adjacent to commercial development to the south, the railroad to the west, and is near both multiple family and single- family residential development, this area should act as a transition between theses uses. Building design for this area should be sensitive to the surrounding commercial, multiple family and single-family character. Packet Page 413 of 426 38 Land Use Downtown Design Objectives. As a companion to the districts outlined above, general design objectives are included for the downtown waterfront area. These objectives are intended to encourage high quality, well designed projects to be developed in the downtown waterfront area that reflect the values of the citizens of Edmonds. 1. SITE DESIGN The development of parking lots, pedestrian walkways and landscaping features is an integral part of how a building interacts with its site and its surrounding environment. Good design and site planning improves access by pedestrians, bicycles and automobiles, minimizes potential negative impacts to adjacent development, reinforces the character and activities within a district and builds a more cohesive and coherent physical environment. Vehicular Access and Parking a. Minimize the number of driveways (curb cuts) in order to improve pedestrian, bicycle and auto safety by reducing the number of potential points of conflict. When alleys are present, these are the preferred method of providing vehicular access to a property and should be used unless there is no reasonable alternative available. b. Design site access and circulation routes with pedestrians’ comfort and ease of access in mind. c. Provide adequate parking for each development, but keep cars from interfering with the pedestrian streetscape. d. In the Retail Core, adopt a “park and walk” policy to reinforce pedestrian safety and ease of access. Within the Retail Core, new curb cuts should be discouraged and there should be no requirement to provide on-site parking. e. Create parking lots and building service ways that are efficient and safe for both automobiles and pedestrians, but that do not disrupt the pedestrian streetscape. f. Provide safe routes for disabled people. Pedestrian Access and Connections a. Improve streetscape character to enhance pedestrian activity in downtown retail, general commercial, and residential areas. b. Improve pedestrian access from the street by locating buildings close to the street and pedestrian sidewalks, and defining the street edge. Cross walks at key intersections should be accentuated by the use of special materials, signage or paving treatments. c. In all of the retail and commercial downtown districts, pedestrian access to buildings should be maximized, enabling each retail or commercial space at street level to be directly accessed from the sidewalk. d. Encourage the use of mass transit by providing easy access to pleasant waiting areas. Building Entry Location a. Create an active, safe and lively street-edge. b. Create a pedestrian friendly environment. c. Provide outdoor active spaces at the entry to retail/commercial uses. d. Commercial building entries should be easily recognizable and oriented to the pedestrian streetscape by being located at sidewalk grade. Building Setbacks a. Provide for a human, pedestrian-friendly scale for downtown buildings. Packet Page 414 of 426 Land Use 39 b. Create a common street frontage view with enough repetition to tie each site to its neighbor. c. Provide enough space for wide, comfortable and safe pedestrian routes to encourage travel by foot. d. Create public spaces to enhance the visual attributes of the development and encourage outdoor interaction. Building/Site Identity a. Do not use repetitive, monotonous building forms and massing in large mixed use or commercial projects. b. Improve pedestrian access and way-finding by providing variety in building forms, color, materials and individuality of buildings. c. Retain a connection with the scale and character of the Downtown Edmonds through the use of similar materials, proportions, forms, masses or building elements. d. Encourage new construction to use design elements tied to historic forms or patterns found in downtown. Weather Protection a. Provide a covered walkway for pedestrians traveling along public sidewalks in downtown. b. Protect shoppers and residents from rain or snow. c. Provide a covered waiting area and walkway for pedestrians entering a building, coming from parking spaces and the public sidewalk. Lighting a. Provide adequate illumination in all areas used by pedestrians, including building entries, walkways, bus stops, parking areas, circulation areas and other open spaces to ensure a feeling of security. b. Special attention should be paid to providing adequate public lighting to encourage and support nighttime street activity and safety for pedestrians. c. Minimize potential for light glare to reflect or spill off-site. d. Create a sense of welcome and activity. Signage a. Protect the streetscape from becoming cluttered. b. Minimize distraction from the overuse of advertisement elements. c. Provide clear signage to identify each distinct property or business and to improve orientation and way-finding downtown. d. Use graphics or symbols to reduce the need to have large letters. e. Lighting of signs should be indirect or minimally backlit to display lettering and symbols or graphic design instead of broadly lighting the face of the sign. f. Signage and other way-finding methods should be employed to assist citizens and visitors in finding businesses and services. g. Signage should be given special consideration when it is consistent with or contributes to the historic character of sites on the Edmonds Register of Historic Places. Packet Page 415 of 426 40 Land Use Site Utilities, Storage, Trash and Mechanical a. Hide unsightly utility boxes, outdoor storage of equipment, supplies, garbage, recycling and composting. b. Minimize noise and odor. c. Minimize visual intrusion. d. Minimize need for access/paving to utility areas Art and Public Spaces a. Public art and amenities such as mini parks, flower baskets, street furniture, etc., should be provided as a normal part of the public streetscape. Whenever possible, these elements should be continued in the portion of the private streetscape that adjoins the public streetscape. b. Art should be integrated into the design of both public and private developments, with incentives provided to encourage these elements. c. In the Arts Center Corridor, art should be a common element of building design, with greater design flexibility provided when art is made a central feature of the design. 2. BUILDING FORM Building height and modulation guidelines are essential to create diversity in building forms, minimize shadows cast by taller buildings upon the pedestrian areas and to ensure compliance with policies in the city’s Comprehensive Plan. Protecting views from public parks and building entries as well as street views to the mountains and Puget Sound are an important part of Edmonds character and urban form. Height a. Maintain the human, pedestrian scale and character of historic Edmonds. b. Create and preserve a human scale for downtown buildings. Unless more specific provisions are contained in the descriptions for specific downtown districts, buildings shall be generally two stories in exterior appearance, design and character. However, incentives or design standards may be adopted which are consistent with the pedestrian scale of downtown Edmonds and which allow for additional height that does not impact the generally two-story pedestrian-scale appearance of the public streetscape. Note that the Downtown Master Plan district described on pages 36-37 could allow a design which provides for higher buildings outside current view corridors. c. Preserve public view corridors along east-west downtown streets – such as Main Street and Dayton Street – that afford views to the mountains and Puget Sound to the west. Massing a. Large building masses shall be avoided in the downtown waterfront activity center. Large building masses should be subdivided vertically and/or horizontally to replicate the smaller scale streetscape elements found along downtown’s pedestrian streets. b. Require human scale elements in building design that reinforce the difference between the pedestrian streetscape and the upper levels of a building. c. Use combinations of other techniques, such as roof and wall modulation or combinations of different wall materials with windows and trim, to break up apparent building masses into smaller elements. When the size or configuration of a site does not lend itself to varying building mass, these alternative techniques should be employed to obtain a pedestrian-friendly result. Packet Page 416 of 426 Land Use 41 Roof Modulation a. Use combinations of roof types and decorative elements such as parapets or architectural detailing to break up the overall massing of the roof and add interest to its shape and form. b. Create and reinforce the human scale of the building. c. Use roof forms to identify different programs or functional areas within the building. d. Provide ways for additional light to enter the building. e. Encourage alternate roof treatments that improve and add interest to building design. Features such as roof gardens, terraces, and interesting or unique architectural forms can be used to improve the view of buildings from above as well as from the streetscape. Wall Modulation a. Create a pedestrian scale appropriate to Edmonds. b. Break up large building masses and provide elements that accentuate the human scale of a facade. c. Avoid blank, monotonous and imposing building facades. d. Design the building to be compatible with the surrounding built environment. e. Encourage designs that let more light and air into the building. 3. BUILDING FAÇADE Building facade guidelines ensure that the exterior of buildings, the portion of buildings that defines the character and visual appearance of a place, is of high quality and demonstrates the strong sense of place and integrity valued by the residents of the City of Edmonds. Facade Requirements a. Improve the pedestrian environment in the Downtown retail/commercial area by differentiating the pedestrian-oriented street level of buildings from upper floors. b. Ensure diversity in design. c. Reinforce historic building patterns found in Downtown Edmonds. d. Provide a human scale streetscape, breaking up long façades into defined forms that continue a pattern of individual and distinct tenant spaces in commercial and mixed use areas. e. Improve the visual and physical character and quality of Downtown Edmonds. f. Create individual identity in buildings. Window Variety and Articulation a. Windows help define the scale and character of the building. In the retail and mixed commercial districts, building storefronts must be dominated by clear, transparent glass windows that allow and encourage pedestrians to walk past and look into the commercial space. b. Upper floors of buildings should use windows as part of the overall design to encourage rhythm and accents in the façade. Building Façade Materials A. The materials that make up the exterior facades of a building also help define the scale and style of the structure and provide variation in the facade to help reduce the bulk of larger buildings. From the foundation to the roof eaves, a variety of building materials can reduce the scale and help define a building’s style and allows the design of a building to respond to its context and client’s needs. It is particularly important to differentiate the lower, street level of a building from the upper floors that are less in the pedestrian’s line of sight. Packet Page 417 of 426 42 Land Use Accents/Colors/Trim A. Applied ornament and architectural detail, various materials and colors applied to a façade as well as various decorative trim/surrounds on doors and windows provide variation in the scale, style and appearance of every building facade. Awnings and canopies also add to the interest and pedestrian scale of downtown buildings. The objective is to encourage new development that provides: • Compatibility with the surrounding environment, • Visual interest and variety in building forms, • Reduces the visual impacts of larger building masses, • Allows identity and individuality of a project within a neighborhood. Packet Page 418 of 426 Packet Page 419 of 426 Packet Page 420 of 426 Packet Page 421 of 426 Packet Page 422 of 426 Packet Page 423 of 426 Packet Page 424 of 426 Packet Page 425 of 426 Packet Page 426 of 426