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2007.07.24 CC Agenda PacketAGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North July 24, 2007 6:45 p.m. - Executive Session Regarding a Legal Matter 7:00 p.m. - Call to Order and Flag Salute 1. Approval of Agenda 2• Consent Agenda Items A. Roll Call B. AM-1107 Approval of City Council Meeting Minutes of July 17, 2007. C. AM-1106 Approval of claim checks #97669 through #97774 for July 19, 2007 in the amount of $136,911.42. Approval of payroll direct deposits and checks #45163 through #45264 for the period of July 01, 2007 through July 15, 2007 in the amount of $891,328.14. D. AM-1099 Community Services Quarterly Report — July, 2007 E. AM-1100 Acceptance of Point Edwards public easements. F. AM-1104 Authorization to call forbids for the 95th Place West Drainage Improvements project. G. AM-1109 Authorize Mayor to sign Fire Rescue Boat Interlocal Agreement Amendment 1. H. AM-1102 Report on bids opened on July 17, 2007 for the repair of concrete surfaces at the WWTP and award to Washington Industrial Coatings, Inc. for the amount of $151,599, including sales tax. 3. (5 Min) Approval of proposed Settlement Agreement and Release. 4. AM-1103 Presentation by Washington State Ferries Terminal Engineering Director John White. (15 Min) 5. AM-1082 Edmonds Crossing Multimodal Terminal Design Agreement No. GCA 5154. (20 Min) 6. AM-1105 Presentation by the Transportation Choices Coalition. (30 Min) 7. (60 Min) Planning Board Annual Briefing. 8• Audience Comments (3 minute limit per person) 9. (15 Min) Council reports on outside committee/board meetings. 10. (5 Min) Mayor's Comments Packet Page 1 of 139 (15 Min) Council Comments 12. Adjourn Packet Page 2 of 139 AM-1107 Approve City Council Meeting Minutes 7-17-07 Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: Action: 07/24/2007 Sandy Chase City Clerk's Office Time: Consent Type: Action Information Subject Title Approval of City Council Meeting Minutes of July 17, 2007. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the minutes. Previous Council Action N/A Narrative Attached is a copy of the July 17, 2007 Draft City Council Meeting Minutes. Link: Draft Minutes 07-17-07 Fiscal Impact S ffarhmanfe Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/19/2007 11:13 AM APRV 2 Mayor Gary Haakenson 07/19/2007 11:16 AM APRV 3 Final Approval Sandy Chase 07/19/2007 11:20 AM APRV Form Started By: Sandy Started On: 07/19/2007 11:12 Chase AM Final Approval Date: 07/19/2007 No Packet Page 3 of 139 EDMONDS CITY COUNCIL DRAFT MINUTES July 17, 2007 Following a Special Meeting at 6:45 p.m. to interview a candidate for the Lodging Tax Advisory Committee, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Peggy Pritchard Olson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauri Moore, Councilmember Deanna Dawson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Al Compaan, Acting Police Chief Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Rob Chave, Planning Manager Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Bertrand Hauss, Traffic Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 26, 2007. C. APPROVAL OF CLAIM CHECKS #97251 THROUGH #97415 FOR JUNE 28, 2007 IN THE AMOUNT OF $553,924.67. APPROVAL OF #97419 THROUGH #97437 FOR JULY 3, 2007 IN THE AMOUNT OF $196,367.70. APPROVAL OF #97438 THROUGH #97668 FOR JULY 12, 2007 IN THE AMOUNT OF $446,427.64. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #45059 THROUGH #45162 FOR THE PERIOD OF JUNE 16 THROUGH JUNE 30, 2007 IN THE AMOUNT OF $840,632.63. D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM LINDA KRAMER- LIND (AMOUNT UNDETERMINED), AND MICHAEL JORDON ($4,569.26). E. SCHOOL RESOURCE OFFICER INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT. Edmonds City Council Draft Minutes July 17, 2007 Page 1 Packet Page 4 of 139 F. ORDINANCE NO.3654 — AMENDING THE PROVISIONS OF ECDC 21.40.030 HEIGHT, (C) HEIGHT EXCEPTIONS TO REPEAL SUBSECTION (1) RELATED TO A NONEXISTENT ZONE. 3. CONFIRMATION OF CITY COUNCIL APPOINTMENT OF JOE MCIALWAIN TO LODGING TAX ADVISORY COMMITTEE. Mayor Haakenson advised the Council interviewed Mr. McIalwain prior to tonight's meeting. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO APPROVE MAYOR HAAKENSON'S RECOMMENDATION TO APPOINT JOE MCIALWAIN TO THE LODGING TAX ADVISORY COMMITTEE. Councilmember Marin commented Mr. McIalwain was very qualified and had put his heart and soul into the community. MOTION CARRIED UNANIMOUSLY. 4. APPOINTMENT OF EDMONDS PUBLIC FACILITIES DISTRICT BOARD MEMBER TO FILL VACANCY. Edmonds Center for the Arts Executive Director Joe McIalwain explained two of the original members of the Edmonds Public Facilities District Board, Kay Mahaffey and Jan Conner, recently stepped down from their positions. Each played an important role of the development of the PFD and saw the project through the renovation and grand opening of the Center. The PFD accepted applications and conducted interviews of several qualified candidates and recommended the appointment of Bob Rinehart. Mr. McIalwain described Mr. Rinehart's background. Mr. Rinehart commented he came to Edmonds wanting to be a part of the community. He viewed serving on the PFD Board as an honor. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ACCEPT THE NOMINATION OF BOB RINEHART TO THE EDMONDS PUBLIC FACILITIES DISTRICT BOARD. Councilmember Moore commented Mr. Rinehart "hit the ground running" when he moved to Edmonds, was a leader in the community and was very well suited to serving on the PFD Board. MOTION CARRIED UNANIMOUSLY. 5. PUBLIC HEARING REGARDING THE PROPOSED VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY ADJACENT TO 17008 - 77TH PLACE WEST, EDMONDS. Councilmember Plunkett asked whether a vacation was a legislative action. City Attorney Scott Snyder answered yes, explaining there were certain limitations on the amount the Council could require if the vacated property was originally dedicated by the party now requesting the vacation but that was not applicable in this case. Planning Manager Rob Chave explained this was an application to vacate public right-of-way within a recently approved Planned Residential Development (PRD). The owners of Lot 7 were interested in a vacation of an area on the northern boundary of their property to allow expansion of their footprint and build a deck which they would be unable to accomplish without the vacation. He explained the public Edmonds City Council Draft Minutes July 17, 2007 Page 2 Packet Page 5 of 139 right-of-way contained two on -street parking spaces. He relayed Engineering's finding that they anticipated no potential use of this property. Mr. Chave explained the property appraisal used a very different method and arrived at a much lower valuation; typically a per square foot value was developed and applied to the property. Staff contacted the appraiser who verified it was an appropriate appraisal. Councilmember Wambolt asked who paid the cost of the appraisal. Mr. Chave answered the applicant. Councilmember Wambolt referred to the ordinance that states the maximum compensation that could be required was one half the appraised value, inquiring whether that practice was always followed. Mr. Snyder advised that was the limit under State statute. Councilmember Wambolt asked whether the Council had any latitude with regard to how the property was appraised. Mr. Snyder answered the Council would need to make a finding that the value was properly established. Mr. Chave advised staff included two other appraisals in the packet as examples. Mayor Haakenson opened the public participation portion of the public hearing. Don Wills, Edmonds, the proponent of the request, explained when staff instructed them to have the property appraised, he researched appraisers via the internet and selected one located in Bothell. With regard to the City's usual method of a square footage valuation, he pointed out the amount of land was 560 square feet, an amount commonly referred to as an uneconomic remainder. He noted the discrepancy in the valuation was due to the limited amount of land available. He inquired about the process if the Council determined their appraisal was incorrect and whether there was any ability to negotiate. Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Moore asked staff to clarify the process. Mr. Snyder answered the Council was required to make a finding that the vacation was in the public's interest. Typically there were two considerations, whether the City needed the property for another purpose and whether citizens received a reasonable benefit from the vacation. The Council was free to negotiate if they did not feel the appraisal fairly represented the fair market value of the property. Councilmember Dawson commented it appeared this was the first time this issue had arisen as appraisals were typically done in the manner Mr. Chave described. She asked whether consideration had been given to establishing a policy for future dedications regarding how appraisals would be done. Mr. Chave stated typically appraisers utilized the square footage method versus this method which resulted in a much lower value. He referred to the appraisal examples in the packet, noting the Council often reduced the property value. He agreed it may be appropriate to establish a standard appraisal methodology. Councilmember Dawson observed if the Council rejected the appraisal, the options were to require the applicant to have a second appraisal done or for the City to have their own appraisal done. If the Council wanted a second appraisal, Mr. Chave suggested the City have their own appraisal done. Councilmember Dawson asked the approximate cost of an appraisal. Mr. Chave relayed Mr. Wills' comment that the estimates they received were $400 - $1200, they paid $400 for this appraisal. Mr. Chave commented most appraisals were more expensive than that. Councilmember Dawson asked the difference between the appraisals. Mr. Chave answered appraisals of similar property ranged from $4 to $11 per square foot. He noted another concern with this appraisal was it referenced property outside the area that he did not feel was comparable. Councilmember Marin observed the applicant appeared to have followed the City's process. Edmonds City Council Draft Minutes July 17, 2007 Page 3 Packet Page 6 of 139 Mr. Wills stated the reason they were requesting the vacation was the City determined a window seat on the back of the house encroached into the setback. He noted they already removed the deck and French doors from the house and were told at final inspection for occupancy they had to remove the window seat. He explained they had approved plans for all the changes that were made and they had been inspected; however, on November 16, 2006 the Planning Department determined there was an encroachment. He noted this was the first knowledge they had of it, acknowledging the builder may have been aware. Mr. Snyder explained property was usually vacated when the City identified unusable right-of-way and wanted to eliminate the City's liability for that property and return the property to the tax rolls. What was unusual about this appraisal was, although it provides a square foot value, it used unimproved property which does not determine fair market value. He noted the unique value of the right-of-way to this property tended to skew how fair market value was determined. The Council had discretion to negotiate, determine it was not in the public's best interest to proceed, or send it back procedurally. He commented likely what would be gained by another appraisal would be lost in the price paid for the property. Mayor Haakenson commented the Wills had already paid the City $1525 for the street vacation. For Councilmember Dawson, Mr. Chave advised the initial appraisal was revised to be slightly higher at $3 per square foot for a total appraised value of $1680 and Council could require payment of half that amount. Mr. Snyder explained the Council could determine fair market value; the appraisal was to provide a basis for the public benefit. If the Council felt the value was higher, the Council could make that determination. Councilmember Dawson summarized the Council could find the property was worth more than the appraisal indicated. She noted the property owner had offered to pay $1400 and asked whether the Council could make a finding that the value was $3000 and require payment of $1400. Mr. Chave agreed that would be appropriate. Mr. Chave agreed the vacation would add value to the property and result in additional taxes for the City. Councilmember Moore referred to the applicant's indication that the plans were approved and then later an encroachment was identified. Mr. Chave recalled the building permit was approved when the plans showed it as a chimney which was allowed to encroach into the setback. When the structure was finished and inspected, it was no longer a chimney but livable space which was when the issue of encroachment arose. Councilmember Moore asked the difference between a vacation request and an encroachment permit. Mr. Chave answered the City would never allow part of a building to encroach, only things that were easily removable and would not be a hindrance should the City decide to develop the right-of-way. Mr. Snyder explained an encroachment permit was for something in the right-of-way, this was for encroachment into the setback. He noted a variance would not be permitted as it was due to the action of the owner/builder. Councilmember Wambolt pointed out this was an example of a builder putting too much home on too little land; there was no room for a deck on three sides of the home. Although the vacation was a small piece of land, 540 square feet, it represented more than 10% of the 4,792 square foot lot. He noted for tax purposes the property was appraised at $300,000 or $62.60 per square foot. This property was far more valuable to the buyer than the City and would significantly enhance the value of the property to the buyer. Mayor Haakenson remanded to Council for action. Councilmember Dawson found the vacation was in the best interest of the public. She also found based on the record that the value of the property was at least $3,000 and the property owner had offered to pay $1400. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO VACATE THE RIGHT-OF-WAY AND ACCEPT THE OFFER OF $1400 FOR THE VACATED LAND. Edmonds City Council Draft Minutes July 17, 2007 Page 4 Packet Page 7 of 139 Councilmember Wambolt spoke against the motion, finding it was not a fair return to the City and was a windfall for the property owner. He preferred to develop a fair market value using the usual method. Councilmember Dawson commented the City did not have a standard appraisal method. If the City obtained a second appraisal, the cost likely would exceed the amount the property owner would pay. She found it was not in the city's best interest to seek a second appraisal. She noted in the past the City has vacated property for substantially less than the appraised value; in one example property was appraised for $8,000 and the Council accepted payment of $1500. Councilmember Marin spoke against the motion, preferring to accept half the value determined by the appraisal due to the property owner acting in good faith. Council President Olson commented the proposed solution was win -win for the property owner and the City. Councilmember Wambolt commented this would motivate builders to continue building substandard PRDs and then wait for the City to bail them out. He pointed out this home would be far more expensive on a larger parcel. MOTION CARRIED (5-2), COUNCILMEMBERS WAMBOLT AND MARIN OPPOSED. Mayor Haakenson commented this was the first time an appraisal had been submitted using this methodology; all others had used the other method. He asked whether the Council could direct staff to require that methodology. Mr. Snyder advised staff could establish parameters for appraisals. He explained the appraisal was intended to provide a piece of evidence for the Council's decision; prior to requiring appraisals, the Council used a square footage percentage of assessed valuation. It was the consensus of the Council to have staff develop language regarding a standard appraisal practice. Mayor Haakenson urged the Wills to take action against their builder as the plans were approved for one thing and he built something else. 6. PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE PROVISIONS OF EDMONDS CITY CODE, SECTION 5.05.010, DEFINITIONS, (M) RELATED TO DOMESTIC FOWL, AND THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.35.040. Councilmember Wambolt recalled the ordinance regarding cats was precipitated by cats attacking a neighbor's quail. A question then arose why quail were not included in the definition of domestic fowl which he recalled City Attorney Scott Snyder indicated was an oversight. A decision was made to hold a public hearing to invite public comment on the addition of quail to the definition of domestic fowl. For Councilmember Dawson, Mr. Snyder stated the definition of fowl had been in the ordinance for many years. Apparently the definition was developed using the most common domestic fowl, chickens, and did not include others. Councilmember Dawson asked what change was proposed to the ordinance. Mr. Snyder explained this type of ordinance was typically directed toward animals raised for food and kept in backyard coops versus an indoor animal. The definition of poultry was domestic fowl normally raised for eggs or meat and includes chickens, turkeys, ducks and geese, an inclusive rather than exclusive list. Councilmember Moore commented on her experience working on a ranch in Texas where they raised quail, turkeys, pheasants, chuckers, other fowl used for food and hunting. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Draft Minutes July 17, 2007 Page 5 Packet Page 8 of 139 Don Kreiman, Edmonds, a biology graduate of the University of Washington, pointed out quail were not a domestic animal. He commented on property owners' ability to enjoy their property as long as they did not impact their neighbors, noting recent events involving a cat and quail was an issue between neighbors. He was concerned with Council adopting legislation that could not be enforced or would be selectively enforced. He encouraged Council not to adopt a regulation prohibiting quail because they were wild animals. Mike Mestres, Edmonds, objected to the Council spending time on what should be a neighborhood dispute. He noted problems such as drug dealers in neighborhoods were worthy of Council discussion but not quail. Roger Hertrich, Edmonds, pointed out quail were game birds regulated by the Washington Department of Fish and Game and hunting was allowed. He commented once fowl raised in a domestic situation where they were restrained in a cage/enclosure got loose, they were wild. He recommended the Council establish regulations for residents who raised domestic fowl. Ray Martin, Edmonds, advised in early July the 10 to 15 captive quail were released in their neighborhood. He described discovering quail on his property looking for food, commenting quail kept in captivity were domestic fowl and were at a severe disadvantage surviving in the wild. Mayor Haakenson closed the public participation portion of the public hearing. Councilmember Plunkett asked whether there had been any discussion when the Council decided to prohibit chickens about requiring they be confined instead. Mr. Snyder commented the cat situation was mild compared with the furor that occurred when the Council limited the number of chickens; until the public hearing the Council was unaware how many residents kept chickens. He noted the chicken issue was a zoning discussion with regard to a non -conforming use right. Councilmember Dawson commented the ordinance was not attempting to regulate wild quail but rather quail raised in a domestic situation. Mr. Snyder agreed these provisions were aimed at the number of animals a person could have on their property. Councilmember Dawson clarified the ordinance proposed quail be treated the same as chickens, ducks, etc. and residents would be prohibited from raising them for eggs or meat. Mr. Snyder agreed. She asked how many chickens a resident could keep. Mr. Chave answered under the zoning ordinance, a resident was not allowed to keep any chickens unless they were grandfathered. Mr. Snyder summarized quail would be banned as poultry kept for meat or eggs. Councilmember Dawson asked if a grandfathering provision was also proposed. Mr. Snyder advised anyone currently keeping quail as of the date the ordinance is enacted would be grandfathered under the zoning ordinance. Councilmember Dawson commented that was consistent with grandfathering chickens. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF ORDINANCE, NO.3655. Councilmember Plunkett spoke in support of the motion, particularly with the grandfathering provision. Councilmember Dawson found it appropriate not to allow residents to raise chickens in their yard and appropriate to treat quail the same as other types of poultry. Councilmember Moore commented there were areas of the code that were arcane and archaic and this was an opportunity to improve it. Councilmember Orvis spoke in favor of the motion, noting consistency was the issue. Edmonds City Council Draft Minutes July 17, 2007 Page 6 Packet Page 9 of 139 Council President Olson commented this did not appear to be a large issue to most citizens. Councilmember Plunkett commented this issue was important to someone and it was important that it be resolved. MOTION CARRIED UNANIMOUSLY. The ordinance reads as follows: ORDINANCE NO. 3655 - AMENDING THE PROVISIONS OF EDMONDS CITY CODE, SECTION 5.05.010, DEFINITIONS, (M) RELATED TO DOMESTIC FOWL, AND THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.35.040. 7. PUBLIC HEARING FOR THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2008-2013), PROPOSED RESOLUTION ADOPTING THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM, AND DIRECTING THE SAME TO BE FILED WITH THE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. Mayor Haakenson advised the City received five emails from parents of Madrona Elementary School students in support of funding for the Madrona walkway. Traffic Engineer Bertrand Hauss explained RCW 35.77.010 and RCW 36.81.121 required that each city and county update their Transportation Improvement Program (TIP) by July 31 of each year and file a copy of the adopted program with the Washington State Department of Transportation (WSDOT). The TIP document is intended as a planning tool for local, state and federally funded projects and is utilized by the State, Puget Sound Regional Council, Transportation Improvement Board and other funding agencies to develop the state-wide TIP and prioritize projects for competitive funding. It is not required to show projects that are locally funded. However, the City of Edmonds has traditionally shown all anticipated or planned projects. The first three years of the TIP are required to be financially constrained. The last three years of the TIP, however, are not. Projects must be identified on the TIP to be eligible for State or Federal grants. Mr. Hauss noted approval and adoption of the TIP did not constitute Council approval of the proposed projects, the Council would have additional opportunities to review the projects such as during the update of the Transportation element of the Comprehensive Plan, when staff presents the draft CIP for adoption, during the budget summation, when staff requests authorization to call for bids or when bids are accepted. He advised one new project, a walkway near Madrona Elementary School, was added to the TIP for construction in 2011. He advised the walkway was included in the 2002 Walkway Plan and had a good chance of receiving grant funds due to its proximity to a school as well as linking existing sidewalks to SR104. He commented this project was ranked lower than it should have been in the Walkway Plan and deserved a higher priority. He referred to emails in support of including this project in the TIP. With regard to the SR 99 International District, Mr. Hauss made a correction to the federal funding for that project, advising it was $316,000 for 2008. He relayed staffs recommendation to approve the Six Year TIP and adoption of the resolution. Councilmember Marin asked whether the Madrona walkway was included in staff s recommendation. Mr. Hauss advised it was. Councilmember Moore welcomed Mr. Hauss to the staff and thanked him for his presentation. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Draft Minutes July 17, 2007 Page 7 Packet Page 10 of 139 Roger Hertrich, Edmonds, questioned the accuracy of the cost estimates particularly due to escalating construction cost in recent years. He raised questions with several projects: • Edmonds Crossing - does not include emergency access to the waterfront. • Downtown parking - what does $20,000 per year buy? • 196th/88th - how was the $200,000 project cost determined and did it represent the true cost? • 212th & Five Corners - $810,000 shown in 2012 for a roundabout. What does a signal cost? No grant funds shown for this project. • 9th & Casper - recalled the previous Traffic Engineer deemed this the most dangerous intersection in Edmonds, yet a roundabout is proposed. Would the State allow a roundabout? • Olympic View Drive/761h - another roundabout estimated to cost $610,000. Questioned whether the majority of the Council favored roundabouts. • 76th Walkway - $900,000 cost estimate, no grants shown for this project, no engineering costs identified • Madrona Walkway - no grants shown, grants are available from Walkway to Schools program. No engineering costs shown for this project. He encouraged the Council to total the project costs and determine whether the City had adequate funding for these projects. Mayor Haakenson advised Mr. Hertrich provided only five copies of his written comments. City Attorney Scott Snyder suggested the City Clerk copy the material for the record and the remaining two Councilmembers. Councilmember Dawson advised the materials contained the same information Mr. Hertrich described in his comments. Don Kreiman, Edmonds, displayed and described several photographs of dangerous walking conditions in the neighborhood surrounding Madrona K-8. He advised funds were available for walkways from the Safe Routes to Schools program; therefore, it was important to include this project on the TIP so that it was eligible for grant funds. Mayor Haakenson closed the public participation portion of the public hearing. For Councilmember Plunkett, City Engineer Dave Gebert advised Mr. Kreiman was speaking in support of including the Madrona walkway project in the TIP. Councilmember Plunkett inquired about grants for that project. Mr. Gebert advised staff would pursue grant opportunities for that walkway project. He recalled the City applied for grants for two walkway projects last year and received a $438,000 grant for the 9th/Caspers/Puget Drive walkway; staff determined the 76th walkway did not meet the criteria. With regard to Edmonds Crossing providing emergency access to the waterfront, Community Services Director Stephen Clifton advised that would be considered during the final design permitting phase. Councilmember Plunkett inquired about the $20,000 for downtown parking citywide, non -motorized. Mr. Gebert answered there were several project categories in the CIP and TIP used to fund unanticipated small project requirements such as traffic calming, minor signal improvements, downtown parking, etc. He acknowledged there were no specifics for those funds as they were used to address unanticipated projects as they arose. With regard to the 196th/88th project, Councilmember Plunkett recalled the Council appropriated funds for review of that intersection, commenting the $200,000 in the CIP/TIP was only a placeholder pending additional evaluation. Mr. Gebert agreed in later years the cost estimates were less well defined; in many instances six years out the estimates were only planning level or placeholders. A consultant has been hired to evaluate the 196th/88t1i intersection; the $200,000 was a placeholder as the scope of the solution was refined. Councilmember Plunkett commented on the importance of identifying projects in the TIP and funding placeholders in order to qualify for grants. Mr. Gebert acknowledged the cost estimates in later years Edmonds City Council Draft Minutes July 17, 2007 Page 8 Packet Page 11 of 139 were planning level and did not become budget numbers until the Council approved the annual capital budget. Usually by that time the design and costs were fairly well refined. Councilmember Plunkett referred to $810,000 for a roundabout at Five Corners in 2012. Mr. Gebert advised he had intended to change the project title to intersection improvement as it was unknown whether a roundabout would be the best solution. He advised staff would change roundabout to intersection improvements throughout the TIP. Councilmember Plunkett asked how the cost was determined. Mr. Gebert answered the previous Traffic Engineer developed that estimate. Councilmember Plunkett inquired about the $200,000 placeholder for the 196th/88th intersection improvements versus $810,000 estimated for the Five Corners intersection improvements. Mr. Gebert answered the $200,000 was likely to be low and in 2012 $810,000 likely would not be sufficient to improve that intersection. He assured as the projects moved closer, the costs were refined. With regard to Mr. Hertrich's questions whether the Council wanted to do these projects, Councilmember Plunkett commented this was a projected plan but the Council made the ultimate decision whether to proceed with each project. Mr. Gebert agreed, using the 76th walkway project as an example, and the presentation to the Council regarding phasing, the side of the street to locate the sidewalk, etc. He anticipated a similar process for other projects on the CIP/TIP. For Councilmember Dawson, Mr. Gebert explained the first three years of the TIP must be financially constrained - projected revenues identified to fund the projects, essentially what was in the CIP. The latter three years were not financially constrained and represented somewhat of a wish list. He acknowledged there were generally more projects in the latter three years of the TIP than in the latter years of the CIP because the CIP was entirely financially constrained, thus the CIP was more realistic. Councilmember Dawson observed the projects in the first three years were more likely to be accomplished and the projects in the latter three years were a wish list to allow the City to apply for grants. Mr. Gebert answered generally yes, however, 76th/Hwy. 99 was a high priority project and there was $75,000 in 2008 for preliminary engineering to develop sufficient scope and design detail to allow the City to apply for a grant; there was approximately $1.3 million in 2010 for construction. Councilmember Dawson asked if grants could be pursued for projects where grant funds were not identified. Mr. Gebert stated the most likely grant sources were identified in the CIP and TIP; however, if staff became aware of a grant opportunity, it would be pursued. Councilmember Dawson noted there were no grants for the 75th/76th walkway project. Mr. Gebert advised staff reviewed all grant opportunities and determined it did not fit the criteria or score high enough to obtain grant funds. Assistant City Engineer Don Fiene stated the walkways that scored well for grant funding were near schools. Mr. Gebert stated grant applications were submitted for the 164th walkway and the 9th/Caspers/Puget walkway as staff was hopeful they would score well; one did and the other did not. Councilmember Moore recalled talking to Congressman Inslee's Chief of Staff who was famous for obtaining federal funds and encouraged the City to contact Congressman Inslee's office to request project funds. She assured there were obscure funds available in the federal budget that the congressional office could assist the City in obtaining. Mr. Gebert commented staff generally pursued grants via grant programs. He welcomed the Council's assistance with identifying federal funds that were not available via structured grants. Councilmember Moore encouraged the City to notify Congressman Inslee what they wanted and to allow him to determine the source. Councilmember Dawson commented the City's focus with its federal lobbyist was on high profile projects such as Edmonds Crossing. She recognized Mr. Clifton who has done an outstanding job seeking out funding alternatives for Edmonds Crossing. Councilmember Moore commented the lobbyist did not find grant sources. She reiterated Congressman Inslee's office had encouraged the City to request assistance with funding projects. Edmonds City Council Draft Minutes July 17, 2007 Page 9 Packet Page 12 of 139 Councilmember Marin pointed out Congressman Inslee's office had been approached for funding for Hwy. 99 with support from staff. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM, ADOPT RESOLUTION NO. 1149 AND AUTHORIZE RECORDING OF THE DOCUMENTS BY THE CITY CLERK. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson declared a brief recess. 8. CLOSED RECORD REVIEW ON THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE APPLICATION BY ROB MICHEL FOR A REZONE FROM RM-2.4 TO RM-1.5 FOR PROPERTY LOCATED AT 125 2ND AVENUE NORTH. (FILE NO. R-2007-15). As this was a quasi judicial matter, Mayor Haakenson asked whether any Councilmembers had any ex parte communications or conflicts to disclose. Councilmember Marin advised Mr. Michel contributed to his campaign in the past. Councilmember Plunkett advised he had received campaign contributions from the Jacobsons and from Mr. Michel. Councilmember Dawson advised Mr. Bernheim had contributed to her campaign but that would not influence her decision in this matter. Councilmember Orvis advised Mr. Bernheim had supported his current campaign and Mr. Michel had supported his campaign in the past. Councilmember Wambolt advised he received campaign contributions from the Jacobsons and from Mr. Bernheim. Councilmember Moore advised Mr. Michel had contributed to her campaign. Mayor Haakenson asked whether any parties of record objected to the participation of any Councilmember. There were no challenges voiced and Mayor Haakenson advised all Councilmembers would participate. He allotted Mr. Michel 10 minutes for his presentation. Planning Manager Rob Chave explained the Planning Board reviewed this application. He identified the subject property located at 125 2nd Avenue North on a vicinity map, explaining it was currently designated in the Comprehensive Plan as high density multi family and zoned RM-2.4. The adjoining properties are part of the downtown commercial core, single family to the west, multi family adjoining and lower density multi family further north. He displayed an aerial photograph identifying the property which was currently occupied by an older, non -conforming, 8-unit building. He explained the proposed rezone would increase the density of the property but only allow seven units. The Planning Board considered the staff report and the testimony and unanimously recommended approval. Councilmember Plunkett asked if the applicant planned to develop the site with apartments or condominiums. Mr. Chave suggested asking the applicant that question, noting the zoning controlled the number of dwelling units. Councilmember Plunkett referred to page 5, the Planning Board transcript, where Mr. Jacobson recommended rezoning the entire area to RM-1.5. He observed that had no impact on this application as Edmonds City Council Draft Minutes July 17, 2007 Page 10 Packet Page 13 of 139 that was not the applicant's request. Mr. Chave advised the City was required to respond to the application which was for this property. He noted the proposed zoning was consistent with the Comprehensive Plan. He suggested it may be appropriate for the City to study the current multi family zones as the only difference between RM-2.4 and RM-1.5 was the number of units; the setback, height, bulk requirements, etc. were the same. Councilmember Dawson recalled a reference in the record to an increase in density, commenting it was not actually an increase in density and was in fact a reduction in density. Mr. Chave answered it was an increase in density only with regard to what the zone currently permitted. Councilmember Dawson noted if the property were rezoned, there would not be an increase in density. Mr. Chave advised even if the existing building were demolished, either RM-2.4 or RM-1.5 zoning would not result in more units. Councilmember Dawson questioned the benefit if it did not result in increased density. Mr. Chave responded the assumption was a new building would be constructed and the change in zoning would allow more units than the RM-2.4 would otherwise permit. Councilmember Dawson asked whether the rezone would determine whether the building was demolished and a new building constructed. Mr. Chave was not certain; staff s understanding was the site would be redeveloped. City Attorney Scott Snyder suggested consideration be given to GMA which assumed anything non -conforming would be abated and densities in accordance with current zoning. Councilmember Dawson inquired about benefits other than an increase in density. Mr. Chave referred to testimony by Planning Board Chair Cary Guenther, an architect, who stated this building was at the end of its useful life and therefore its overall property value was less than a new building. Councilmember Dawson remarked the flipside of that argument was preservation of the existing building may provide more affordable housing. Mr. Chave referred to Mr. Guenther's statements on page 10 of the Planning Board transcript that the building was at the end of its useful life and renovation was questionable because it was had not been built to last. Councilmember Dawson asked what Mr. Guenther's opinion was based upon. Mr. Chave advised it was based on his observations when visiting the site. Applicant Rob Michel, Edmonds, advised he would allow the record to speak for itself and reserve his time for rebuttal. Mayor Haakenson invited comment from parties of record. Jack Jacobson, Edmonds, advised he lived across the alley from this building. He questioned the statement that a 50-year old building could not be saved, noting the previous owners had done nothing to the building for the past 20 years. He pointed out RM-2.4 was put in as a buffer between RS-6 and RM- 1.5 and BC. If this rezone were approved, he questioned whether the applicant could sell the property as a 7-unit site which would increase traffic and density. He recommended eliminating RM-2.4 and rezoning the area to RM-1.5. Steve Bernheim, Edmonds, displayed the vicinity and zoning map, Attachment 1 to the staff report. He referenced page 4 of the record, noting two of the reasons by Mr. Schlumberger in support of the rezone were increased sustainability and increased affordability. Although Mr. Bernheim supported those concepts, he preferred they be approached from a Comprehensive Plan point of view not on a lot -by -lot basis, particularly when in this instance eight units would be demolished and replaced with 4-5 units. He did not believe the objective of sustainability and affordability would be realized by constructing 1-2 more units that the current zoning allowed. He referred to page 45 of the record, citing an erroneous legal basis via the statement that the recent implementation of the BC zone and its elimination of a third story severely reduces the feasibility of building new residences downtown. He disagreed, noting three stories were not allowed downtown. He questioned why the Council was even considering a rezone from RM- 2.4 to RM-1.5 as there was no justification in the staff report why RM-1.5 was preferable over RM-2.4. Edmonds City Council Draft Minutes July 17, 2007 Page 11 Packet Page 14 of 139 He pointed out there was value in not increasing the density due to the increased burden that RM-1.5 zoning would have on services. He concluded the proposal did not make a substantial contribution to affordability or sustainability. Rebuttal Mr. Michel referred to Mr. Bernheim's comments regarding sustainability, noting those were not criteria upon which the rezone was judged; the criteria was as listed in the staff report. He referred to the value criteria and their explanation of how the proposal met the value criteria on page 46 of the record. He stated there was more in value to the community than affordability, such as public health, safety and welfare, aesthetics, improved safety via new systems, ADA access, etc. He noted the building was constructed 55 years ago and the structure, plumbing, electrical were in poor condition, the units were small with a poor layout, and there was no ADA access to the second floor. The building was in poor condition and it was too expensive to rehabilitate it to bring it up to the current code. He noted affordability was discussed at the Planning Board, he referred to page 9 of the record, and Mr. Chave's comment that although affordability was an issue, the City could not control the number or price of units on a site. He referred to Mr. Guenther's testimony that the building was at the end of its useful life. Councilmember Dawson asked staff to comment on the existing Comprehensive Plan designation and the zoning of the site. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO EXTEND DISCUSSION OF THIS ITEM FOR TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Chave answered the Comprehensive Plan had two classifications of multi family - low and high. The zoning classifications that correspond to high density multi family residential are RM-2.4 and RM-1.5. The Comprehensive Plan designation for this property is multi family high density. The property owner has a choice of applying for RM-2.4 or RM-1.5. Councilmember Dawson asked whether the proposed RM-1.5 was consistent with the Comprehensive Plan. Mr. Chave answered yes and unless staff could determine a reason that RM-2.4 was preferable over RM-1.5, most applicants would choose the higher density. He explained the RM-2.4 and RM-1.5 zones were created in the early 80s before the current Comprehensive Plan was adopted. When the Comprehensive Plan was updated, the multi family zones were not revisited. He noted it may be appropriate to reconsider the multi family Comprehensive Plan designations; the Planning Board has expressed interest in doing that. The Mayor's Climate Control Committee could also be involved in that effort such as determining whether there were incentives that could be offered to achieve the purposes of the Comprehensive Plan. He noted currently it was difficulty to distinguish between the two multi family zones as the height, bulk, setback, etc. were the same for both zones and the only difference was the number of units. He noted in an area where there was a solid transportation system like downtown, traffic was unlikely to be a determinant between RM-2.4 and RM-1.5. Councilmember Plunkett referred to comment that the City had failed to analyze the outcome of proceeding with RM-1.5 zoning; however, it had been analyzed because the Comprehensive Plan analyzed what zoning was suitable. Mr. Chave agreed, explaining the Comprehensive Plan considers a range of land use alternatives, zoning that would be applied, environmental impacts, etc. relative to utilities, services, density, projected population, etc. Therefore if zoning was applied consistent with the Comprehensive Plan, there should not be a need to reanalyze it. Councilmember Plunkett referred to the question why the entire area was not zoned RM-1.5. He asked whether the Council could make their decision based on what they wished the zoning would be. Mr. Snyder advised the Council was limited on this rezone to what was in the record and what had been Edmonds City Council Draft Minutes July 17, 2007 Page 12 Packet Page 15 of 139 advertised; rezoning additional property could be referred to the Planning Board. Councilmember Plunkett referred to the comment that the applicant could obtain the rezone and sell the property, asking whether the Council could consider the applicant's future actions in making a decision on the rezone. Mr. Snyder answered no unless it was germane to one of the criteria. He noted profit was only considered if it was property that remained undeveloped due to an inappropriate use category. Councilmember Dawson commented it was assumed this property would be redeveloped if it were rezoned. She commented the Council's decision may be easier if the building had already been demolished because that would eliminate the preservation issue. She acknowledged the property owner could demolish the building and then request a rezone. She suggested a future agenda item regarding how to make it easier for property owners to rehabilitate existing buildings and provide incentives for preserving existing housing. Mr. Chave answered that could also be considered by the Planning Board and Climate Control Committee when considering the multi family zones. COUNCILMEMBER MARIN, MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO UPHOLD THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REZONE APPLICATION. Councilmember Plunkett concluded the proposal met the criteria, RM-2.4 and RM-1.5 were consistent with the Comprehensive Plan, the bulk and setback requirements were identical, the use on the parcel would remain multi family which was consistent with the surrounding area, it was consistent with changes in the area, the property was economically and physically suitable, the value/public benefit met GMA, and it would replace a deteriorated 1950s with a building that meets all safety codes. Councilmember Marin acknowledged Councilmember Dawson's concerns and agreed with the need to consider housing affordability. He pointed out some buildings were built to last and others were not. He acknowledged one of the difficulties with a remodel was the requirement to bring the building up to the existing code. Councilmember Wambolt commented this was not a building with architectural features that should be preserved. It was a non -conforming building with eight units that if redeveloped would have fewer units and be consistent with the current code. MOTION CARRIED UNANIMOUSLY. 9. CLOSED RECORD REVIEW ON THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE APPLICATION BY ROB MICHEL FOR A REZONE FROM RM-2.4 TO RM-1.5 FOR PROPERTY LOCATED AT 318-320 WALNUT STREET. (FILE NO. R-07-28. As this was a quasi judicial matter, Mayor Haakenson asked whether any Councilmembers had any ex parte communication or conflicts to disclose. Councilmember Moore disclosed Mr. Michel had contributed to her campaign. Councilmember Wambolt disclosed Mr. Bernheim had contributed to his campaign. Councilmember Orvis disclosed Mr. Bernheim had contributed to his current campaign and Mr. Michel had contributed to his past campaign. Councilmember Dawson disclosed Mr. Bernheim had contributed to her campaign in the past. Councilmember Plunkett disclosed he had received campaign contributions from Mr. Michel in the past. Edmonds City Council Draft Minutes July 17, 2007 Page 13 Packet Page 16 of 139 Councilmember Marin disclosed Mr. Michel contributed to his campaign in the past. Mayor Haakenson asked whether any parties of record objected to the participation of any Councilmember. There were no challenges voiced and Mayor Haakenson advised all Councilmembers would participate. He allotted Mr. Michel 10 minutes for his presentation. Planning Manager Rob Chave advised this was a rezone from RM-2.4 to RM-1.5. He identified the site, 318-320 Walnut Street on a vicinity map, indicating the entire area was designated high density multi family in the Comprehensive Plan, was adjacent to a commercial area and was surrounded by large scale multi family development. The property around the site was zoned RM-1.5 with the exception of a property to the west zoned RM-2.4. He noted the adjacent property to the south was an older high density building with 42 units. He identified the site on an aerial map, advising there were three dwelling units on one property and two on the other for a total of five. The application would increase the potential density to a total of nine dwelling units. The applicant has completed a SEPA review and had ADB design approval for a building with 5-7 units. At the Planning Board they voiced their intent to proceed with seven units. He acknowledged the applicant could choose to redesign or sell the property. He concluded in this location there were no negative impacts of a rezone from RM-2.4 to RM-1.5. Councilmember Dawson referred to testimony regarding getting rid of substandard property and questioned what substandard property meant, noting it seemed to imply that new was better. She referred to Planning Board Chair Guenther's comment on page 7 that appeared to imply that older housing was worse and newer housing was better. Councilmember Dawson commented the only evidence of public benefit was the opinion that older housing was not as good. Mr. Chave pointed out the Planning Board found a benefit of additional dwelling units downtown to support the commercial vitality of downtown. Applicant Rob Michel, Edmonds, advised he would allow the record to speak for itself and reserve his time for rebuttal. Mayor Haakenson invited comment from parties of record. Steve Bernheim, Edmonds, commented approving the proposed zoning would reduce the diversity of housing stock. He reiterated there was no distinction between RM-2.4 and RM-1.5 and no support that a higher density was better. Although he supported higher density and the sustainability of downtown, he wanted it done for the right reasons and not lot -by -lot. He commented from a citizen's point of view, the Council was handing these property owners a benefit at no charge. He preferred the City provide incentives such as energy efficiency, sidewalks, open space, etc. in exchange for higher densities. Rebuttal Mr. Michel referred to benefits outlined in the record that included under -structure parking, access via the alley which would eliminate curb cuts on 4th and on Walnut, and increased on -street parking. Councilmember Orvis commented as currently zoned, the site could be developed with five units versus nine if zoned RM-1.5. Mr. Chave agreed, noting the applicant had an ADB and SEPA approval for up to seven units. The site was currently developed with five units. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER MARIN, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO UPHOLD THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REZONE APPLICATION. In response to Mr. Bernheim's comment regarding providing incentives for rezone, Councilmember Moore supported that concept, however, the Council could not do that on this application. She found the Edmonds City Council Draft Minutes July 17, 2007 Page 14 Packet Page 17 of 139 proposal adhered to GMA policies, met the GMA housing goals, fit within the surrounding uses, was suitable and met the value criteria. Councilmember Orvis spoke against the motion, commenting if allowing additional units on a site was required to get buildings upgraded, the entire City would be rezoned eventually which was contradictory to the changes, suitability and surrounding area criteria. Councilmember Marin spoke in favor of the motion, noting there were many requirements a developer must meet currently. He supported having the Planning Board consider the multi family zoning but cautioned against requiring sustainability as he was hesitant to mandate sustainability in private buildings. Councilmember Wambolt spoke in support of the motion. In response to Mr. Bernheim, he noted the benefit of the rezone and subsequent new construction which would be more energy efficient than the existing homes that were constructed in 1946 and 1966. Councilmember Plunkett commented in a quasi judicial hearing the Council could not consider what should be, only whether the applicant met the criteria with their proposal. He found the applicant met the criteria under the existing code, zoning and Comprehensive Plan. MOTION CARRIED (6-1), COUNCILMEMBER ORVIS OPPOSED. 10. AUDIENCE COMMENTS Roger Hertrich, Edmonds, requested the Council consider term limits for Boards and Commissions as well as the City Council and the Mayor. Council President Olson cautioned him to avoid campaign issues. Next, Mr. Hertrich commented he could not recall a Council meeting being cancelled when he was on the Council and he objected to giving the Council President that power. 11. DISCUSSION OF CITY COUNCIL RULES OF PROCEDURE INCLUDING: (1) CANCELLATION OF MEETINGS, (2) EXECUTIVE SESSIONS, (3) GOVERNMENT ACCESS CHANNEL 21, AND (4) COMMITTEE ASSIGNMENTS. Council President Olson explained these issues were discussed at the recent Council retreat. Cancellation of Meetings Council President Olson did not envision this occurring very often, noting it occurred in the past due to the loss of the Police Chief. As it was not possible to talk to each Councilmember because that was considered a rolling quorum, there needed to be a way to cancel Council meetings. Councilmember Marin was satisfied with delegating that authority to the Council President. Councilmember Plunkett agreed. Councilmember Dawson envisioned it would be a rare occurrence for the Council President to exercise his/her authority to cancel a meeting. She acknowledged two meetings were cancelled earlier this year due to Police Chief Stem's sudden illness and subsequent memorial service. She found it inappropriate to require staff and/or Council to attend a meeting under those circumstances. She remarked it was a waste of public resources to schedule a meeting if there was no business as each Councilmember was paid, some staff members were paid, etc. She concluded it was appropriate to delegate that authority to the Council President. Councilmember Moore commented the proposed method was more efficient. She noted a Council President who cancelled meetings that the Council did not want to have cancelled would answer to the Council. Edmonds City Council Draft Minutes July 17, 2007 Page 15 Packet Page 18 of 139 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ADOPT ORDINANCE NO. 3656. MOTION CARRIED UNANIMOUSLY. The ordinance reads as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE, CHAPTER 1.04 COUNCIL MEETINGS TO ADD A NEW SECTION 1.04.140 CANCELLATION OF MEETINGS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Executive Session Councilmember Plunkett advised he requested a resolution be prepared regarding Executive Sessions. He recalled during the discussions of the park in south Edmonds over the past year, there was some confusion regarding what information was and was not Executive Session, whether the Council should discuss certain issues in Executive Session and in at least one instance the confidentially of an Executive Session was broken. The intent of the resolution was to identify a way for the Council to reach a consensus regarding when to break the confidentially of an Executive Session. He advised this resolution would accomplish two purposes, 1) if a Councilmember believed an Executive Session was taking place that should not, they could propose a motion to end the Executive Session and the Council could have discussion and make a determination during the public meeting, and 2) prevent any one member from revealing information that other Councilmembers believed was protected by Executive Session. Councilmember Dawson commented the resolution did not appear to address Councilmembers questioning whether the Council should be in Executive Session; she agreed it was appropriate for Councilmembers to have the ability to question whether a topic should be discussed in Executive Session. She noted the draft resolution also addressed the dissatisfaction expressed at the retreat with the way meetings were handled, the way Councilmembers were recognized and the number of times each Councilmembers could speak. Councilmember Moore agreed the resolution did not appear to provide Councilmembers a way to question an inappropriate Executive Session. City Attorney Scott Snyder advised a Councilmember could always leave an Executive Session that they felt was inappropriate. He noted the City kept minutes of Executive Session to satisfy the public at a future date that the Council discussed the appropriate issue. He explained the Council could reach consensus in Executive Session. If the Council agreed to discuss an issue in the open meeting, they could come out of Executive Session and make a motion to have the issue placed on a future agenda and/or request information be released. In the absence of a motion, the confidence of the Executive Session would be observed. He noted the resolution did not address the appropriateness of a subject for Executive Session because that was addressed in state law. Councilmember Plunkett recalled there were Councilmembers who revealed information that the Council had agreed should not be disclosed. His intent was to develop rules so that all Councilmembers had the same understanding. Mr. Snyder agreed, noting release of confidential Executive Session information was a crime and a potential basis for forfeiture of office. The resolution was intended to establish an orderly way to decide when Executive Session privilege ended. He concluded Executive Session information remained confidential as long as the Council felt it should remain confidential. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, TO SCHEDULE APPROVAL OF RESOLUTION NO. 1150 ON A FUTURE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO EXTEND THE MEETING TEN MINUTES. MOTION CARRIED UNANIMOUSLY. Committee Assignments Council President Olson explained in the past some Council committee meetings were paid and others were not; in assigning committees, it seemed more prudent to simply pay Councilmembers for a Edmonds City Council Draft Minutes July 17, 2007 Page 16 Packet Page 19 of 139 maximum of four meetings per month. Councilmember Dawson commented there were some committees that Councilmembers attended that were not Council appointments. Council President Olson clarified it would only be official meetings of the committees to which Councilmembers were assigned. Mr. Snyder advised the Council must have a fixed compensation during their term of office. He recalled a cap on payment for meetings was instituted previously. Senior Executive Council Assistant Jana Spellman offered to email Councilmembers the list of meetings eligible for payment. Government Access Channel 21 Councilmember Plunkett asked whether the proposed policy included the Mayor. Mr. Snyder answered the policy did not apply to the Mayor. He explained the Council currently had no rule with regard to allocation of assets. With regard to the use of City facilities such as Channel 21 or a room, each Councilmember was free to use them as long as they did not violate State law. The issue arose due to a question regarding a Council meeting versus a meeting called by a Councilmember and whether there should be a distinction for the use of Channel 21 or other assets. If no change was made, all Councilmembers had access to those facilities/resources. Councilmember Plunkett preferred the policy apply to any elected official. He also preferred a majority of the Council determine whether a meeting would be publicized on Channel 21. He clarified he was not suggesting meetings Councilmembers held were anything other than constituent meetings. Councilmember Dawson agreed with Councilmember Plunkett that the Council should establish a policy regarding what information was publicized on Channel 21. Councilmember Dawson acknowledged Councilmembers frequently announced events at Council meetings that were broadcast on channel 21; those announcements could be viewed as advertisements. She recommended announcements be a legitimate use of the Council's time and not a campaign related event. Councilmember Dawson noted rules were often applied differently during campaign season such as the Mayor's newspaper column was not appearing during campaign season. She suggested the Council could establish a policy that they would not allow anyone to display information that even vaguely appeared to be a political campaign. Councilmember Moore commented this was the result of three constituent meetings she asked be advertised on Channel 21. She emphasized they were constituent meetings and not campaign meetings. She pointed out Mayor Haakenson announced his constituent meetings on Channel 21 and in Council Chambers. She viewed Channel 21 as a way for the Council to communicate with the public and encouraged Councilmembers to utilize this tool to communicate with the public but not to campaign. She commented it was advantageous to the public to learn a Councilmember would be available at a particular location to listen to their questions/concerns. She encouraged Councilmembers to have a constituent meeting to take public input regardless of whether it was an election year. She preferred the Council utilize Channel 21 to inform the public rather than being scared someone would use it to their advantage. Councilmember Plunkett assured he was equally concerned by Councilmember Moore's and Mayor Haakenson's meetings and the use of Channel 21 to advertise the meetings. Councilmember Marin commented once a Councilmember announced they were running for election, Councilmembers and the Mayor should be cautious about anything that could be construed as inappropriate use of City facilities to avoid criticism. Councilmember Plunkett preferred a more structured policy. He noted it was difficult to avoid criticism without a policy that established a bright line. Councilmember Orvis commented his Councilmember page on channel 21 containing his picture and his name gave him an advantage during the election. He suggested during campaign season the Edmonds City Council Draft Minutes July 17, 2007 Page 17 Packet Page 20 of 139 Councilmember's page be replaced by a page for each position that contained the name, picture and contact information for the incumbent as well as the challengers. He noted this would even the playing field and not give incumbent Councilmembers an advantage via their page on Channel 21. He noted this would be similar to a Channel 21voter pamphlet. He summarized this would keep the playing field level, provide information to the voters and reduce the effect of special interest. Council President Olson asked whether campaigning was allowed on Channel 21. Community Services Director Stephen Clifton disagreed with Councilmember Orvis' proposal, explaining Councilmembers' pages on Channel 21 provided a service to the public, informing them who the Councilmembers are and the committees they served on. He viewed the inclusion of an opponent's name, picture and contact information as a campaign purpose. Mr. Snyder explained the issue for the Public Disclosure Commission was whether communications or the use of city facilities was part of the normal and usual function of an office. Speaking with constituents and being accessible to the public were a fundamental part of the office; anything that facilitated communication with a Councilmember whether it was the use of the telephone, website or Channel 21, was definitely part of the normal function of the position. He envisioned a way could be determined to do what Councilmember Orvis suggested because the City was allowed to provide factual information. He was hesitant about having a link to a candidate's website. He noted a similar policy would need to be established for the City's website. Councilmember Moore commented Councilmember Orvis' idea was brilliant as it provided a public service and encouraged more people to engage in the civic process. She suggested rather than having debates between candidates, providing each candidate five minutes of air time on Channel 21. She noted this was an asset to the public and leveled the playing field. Councilmember Dawson commented many cities had video voters guides, that may be something worthwhile to explore in the future although there were issues with who did the video taping, etc. She preferred to establish a candidate page in addition to the Councilmember's page, citing Snohomish County as an example where two Councilmembers were term limited and could not run for office, yet their contact information needed to be available to the public. Councilmember Wambolt suggested scheduling further discussion regarding the use of Channel 21 on a future agenda. Although he supported a video voter's guide, Councilmember Plunkett remarked Councilmember Orvis' proposal encumbered a Councilmember's highest responsibility which was to serve the people of Edmonds. He pointed out the importance of displaying each Councilmember's page with their contact information and the committees they served on. He suggested referring this issue to the Community Outreach Committee. 12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS Community Services/Development Services Committee Councilmember Marin reported the Committee discussed plug-in hybrid cars and charging stations and directed Public Works to investigate the concept of providing a plug-in for electric vehicles including cost estimates, alternatives, experience of other jurisdictions and the possible costs of a short term lease for an electric vehicle and report back to the committee at their next meeting. A discussion on building permit application timelines was postponed to a special CS/DS Committee meeting on July 26 at 7:00 p.m. He encouraged people attending that meeting to bring suggestions. Finance Committee Councilmember Wambolt reported the Committee discussed judicial salary certification for State funding reimbursement and Judge Fair provided Committee members background information on the history of Edmonds City Council Draft Minutes July 17, 2007 Page 18 Packet Page 21 of 139 the Judge's compensation. It was the consensus of the Committee to forward a recommendation to negotiate the salary term of the contract to keep the City eligible for court improvement account funds to the full Council as a consent item. Councilmember Wambolt reported the Committee then discussed the Interlocal Agreement with Edmonds School District for the School Resource Officer which provides for a 50% salary reimbursement. Committee members recommended approval and this item was approved as Consent Agenda Item E this evening. Public Safety Committee Councilmember Dawson reported the Committee reviewed a draft graffiti ordinance. The Committee agreed some of the issues contained in the ordinance were inappropriate for Edmonds such as requiring businesses to keep graffiti implements behind the counter, not sell graffiti implements to minors, etc., but should be forwarded to the full Council for a public hearing. A public hearing will be held in August. She noted Snohomish County was hosting a graffiti summit on July 26 at 8:30 a.m. She asked Mayor Haakenson to have staff attend and encouraged any interested Councilmembers and/or the public to attend. The next item the Committee discussed was the judicial salary certification for State funding reimbursement. She explained for the City to be eligible for State reimbursement, the Municipal Court Judge must be an elected position and the salary must be equivalent to 95% of a District Court Judge's salary prorated by the number of hours worked. Raising the Municipal Court Judge's salary would result in a net financial gain to the City in 2007 but due to uncertainty with the reimbursement in the future, that may not be the case in 2008. The City Attorney confirmed the salary could be reduced if the reimbursement was not available and the Committee recommended an ordinance establishing a base salary be scheduled on a future Consent Agenda. The final item, request for a contract amendment from the City Prosecutor, was pulled from the agenda with a recommendation that staff negotiate with the City prosecutor on any contractual issues and schedule the matter on a future Committee agenda if necessary. 13. MAYOR'S COMMENTS Mayor Haakenson had no report. 14. COUNCIL COMMENTS Council President Olson wished Mayor Haakenson a belated Happy Birthday on July 14. She reminded the public of the Concerts in the Park at 3:00 - 4:00 in City Park, announcing this weekend's performer would be Merchant of Venice. Councilmember Dawson commented in response to a suggestion during audience comments regarding Boards/Commissions term limits, explaining term limits may have been eliminated due to State requirements of the LEOFFI Disability Board that requires members be Police and Fire LEOFFI members. She pointed out there were few remaining LEOFFI members who were willing to serve on this Board and there was a fairly steep learning curve. If term limits were established for that Board, the City may be unable to meet the State's requirements. With regard to other Boards/Commissions, the Council always had the ability not to renew a member. Councilmember Dawson also suggested discussion be scheduled on a future agenda regarding the Council's involvement in making appointments to Boards/Commissions rather than confirming the Mayor's selection. 15. ADJOURN With no further business, the Council meeting was adjourned at 10:56 p.m. Edmonds City Council Draft Minutes July 17, 2007 Page 19 Packet Page 22 of 139 AM-1106 2.C. Approval of Claim checks and Payroll Direct deposits and checks Edmonds City Council Meeting Date: 07/24/2007 Submitted By: Debbie Karber Submitted For: Dan Clements Time: Consent Department: Administrative Services Type: Action Review Committee: Action: Approved for Consent Agenda Information Subject Title Approval of claim checks #97669 through #97774 for July 19, 2007 in the amount of $136,911.42. Approval of payroll direct deposits and checks #45163 through #45264 for the period of July 01, 2007 through July 15, 2007 in the amount of $891,328.14. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposits and checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Link: Claim cks 07-19-07 Fiscal Impact Attarhmante Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Kathleen Junglov 07/19/2007 10:05 AM APRV 2 City Clerk Sandy Chase 07/19/2007 11:06 AM APRV 3 Mayor Gary Haakenson 07/19/2007 11:15 AM APRV 4 Final Approval Sandy Chase 07/19/2007 11:20 AM APRV Form Started By: Debbie Started On: 07/19/2007 08:53 Karber AM Final Approval Date: 07/19/2007 Packet Page 23 of 139 vchlist Voucher List Page: 1 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97669 7/17/2007 037075 SNOHOMISH COUNTY AUDITOR UB Liens sewer/storm liens 2007 sewer/storm liens 2007 001.000.250.514.300.490.00 750.00 Total : 750.00 97670 7/19/2007 061029 ABSOLUTE GRAPHIX 0707508 CAMP T-SHIRTS CAMP T-SHIRTS 001.000.640.575.530.310.00 267.35 Sales Tax 001.000.640.575.530.310.00 23.79 Total : 291.14 97671 7/19/2007 061540 ALLIED WASTE SERVICES 197-0800478 0197-000855134 FIRE STATION #20 001.000.651.519.920.470.00 84.34 197-0800897 INVOICE 0197-000855229 Public Works Facility 001.000.650.519.910.470.00 20.76 Public Works Facility 111.000.653.542.900.470.00 78.88 Public Works Facility 411.000.652.542.900.470.00 78.88 Public Works Facility 411.000.654.534.800.470.00 78.88 Public Works Facility 411.000.655.535.800.470.00 78.88 Public Works Facility 511.000.657.548.680.470.00 78.87 197-0801132 INVOICE 0197-000855300 garbage for F/S #16 001.000.651.519.920.470.00 94.02 Sales Tax 001.000.651.519.920.470.00 7.49 Page: 1 Packet Page 24 of 139 vchlist Voucher List Page: 2 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor 97671 7/19/2007 061540 ALLIED WASTE SERVICES 97672 7/19/2007 068330 AMERICAN PRINTING 97673 7/19/2007 069751 ARAMARK Invoice PO # Description/Account Amount (Continued) 197-0829729 0197-000856035 garbage for MCC 001.000.651.519.920.470.00 47.50 Sales Tax 001.000.651.519.920.470.00 5.11 Total : 653.61 42564 REMINDER CARDS-BLDG. DEPT. REMINDER CARDS-BLDG. DEPT. 001.000.620.524.100.490.00 159.00 Sales Tax 001.000.620.524.100.490.00 14.15 Total : 173.15 512-38916924 FAC MAINT UNIFORM SVC FAC MAINT UNIFORM SVC 001.000.651.519.920.240.00 33.69 Sales Tax 001.000.651.519.920.240.00 3.00 512-3906317 STORM/STREET UNIFORM SVC STORM/STREET UNIFORM SVC 111.000.653.542.900.240.00 3.24 STORM/STREET UNIFORM SVC 411.000.652.542.900.240.00 3.24 Sales Tax 111.000.653.542.900.240.00 0.29 Sales Tax 411.000.652.542.900.240.00 0.29 Page: 2 Packet Page 25 of 139 vchlist Voucher List Page: 3 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor 97673 7/19/2007 069751 ARAMARK Invoice PO # Description/Account Amount (Continued) 512-3910915 STORM/STREET UNIFORM SVC STORM/STREET UNIFORM SVC 111.000.653.542.900.240.00 3.24 STORM/STREET UNIFORM SVC 411.000.652.542.900.240.00 3.24 Sales Tax 111.000.653.542.900.240.00 0.29 Sales Tax 411.000.652.542.900.240.00 0.29 512-3912326 FAC MAINT UNIFORM SVC FAC MAINT UNIFORM SVC 001.000.651.519.920.240.00 33.69 Sales Tax 001.000.651.519.920.240.00 3.00 Page: 3 Packet Page 26 of 139 vchlist Voucher List Page: 4 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor 97673 7/19/2007 069751 ARAMARK Invoice PO # Description/Account Amount (Continued) 512-3915599 PW MATS PW MATS 001.000.650.519.910.410.00 1.38 PW MATS 411.000.652.542.900.410.00 5.24 PW MATS 111.000.653.542.900.410.00 5.24 PW MATS 411.000.654.534.800.410.00 5.24 PW MATS 411.000.655.535.800.410.00 5.24 PW MATS 511.000.657.548.680.410.00 5.26 WATER UNIFORM SVC TO CLOSE 411.000.654.534.800.240.00 30.25 Sales Tax 001.000.650.519.910.410.00 0.12 Sales Tax 411.000.652.542.900.410.00 0.47 Sales Tax 111.000.653.542.900.410.00 0.47 Sales Tax 411.000.654.534.800.410.00 0.47 Sales Tax 411.000.655.535.800.410.00 0.47 Sales Tax 511.000.657.548.680.410.00 0.47 Sales Tax 411.000.654.534.800.240.00 2.68 Page: 4 Packet Page 27 of 139 vchlist Voucher List Page: 5 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97673 7/19/2007 069751 ARAMARK (Continued) 512-3915600 STORM/STREET UNIFORM SVC STORM/STREET UNIFORM SVC 111.000.653.542.900.240.00 3.24 STORM/STREET UNIFORM SVC 411.000.652.542.900.240.00 3.24 Sales Tax 111.000.653.542.900.240.00 0.29 Sales Tax 411.000.652.542.900.240.00 0.29 Total : 157.56 97674 7/19/2007 071124 ASSOCIATED PETROLEUM 559332 PS - GAS FOR GENERATOR 46 G/ PS - GAS FOR GENERATOR 46 G/ 001.000.651.519.920.470.00 100.29 WA OIL SPILL RECOVERY TAX, Wi 001.000.651.519.920.470.00 0.85 WA STATE SERVICE FEE 001.000.651.519.920.470.00 60.00 Sales Tax 001.000.651.519.920.470.00 12.89 Total : 174.03 97675 7/19/2007 064343 AT&T 425-776-5316 PARKS FAX MODEM PARKS FAX MODEM 001.000.640.576.800.420.00 39.68 Total : 39.68 97676 7/19/2007 064343 AT&T 425-774-0944 STATION #20 FAX STATION #20 FAX 001.000.510.522.200.420.00 34.66 Total : 34.66 97677 7/19/2007 070305 AUTOMATIC FUNDS TRANSFER 41343 OUT SOURCING OF UTILITY BILLS Page: 5 Packet Page 28 of 139 vchlist Voucher List Page: 6 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97677 7/19/2007 070305 AUTOMATIC FUNDS TRANSFER (Continued) UB Outsourcing area #500 PRINTIN( 411.000.652.542.900.490.00 36.94 UB Outsourcing area #500 PRINTIN( 411.000.654.534.800.490.00 36.94 UB Outsourcing area #500 PRINTIN( 411.000.655.535.800.490.00 37.04 UB Outsourcing area #500 POSTAGI 411.000.654.534.800.420.00 110.85 UB Outsourcing area #500 POSTAGI 411.000.655.535.800.420.00 110.85 Sales Tax 411.000.652.542.900.490.00 3.29 Sales Tax 411.000.654.534.800.490.00 3.29 Sales Tax 411.000.655.535.800.490.00 3.29 Total : 342.49 97678 7/19/2007 002100 BARNARD, EARL 62 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 617.000.510.522.200.230.00 30.00 Total : 30.00 97679 7/19/2007 071767 BELL, GARY BELL0709 REFUND REFUND FOR DAMAGE DEPOSIT 001.000.000.239.200.000.00 500.00 Total : 500.00 97680 7/19/2007 069226 BHC CONSULTANTS 928 ESGA.Svcs thru 06/22/07 ESGA.Svcs thru 06/22/07 412.300.630.594.320.650.00 9,055.12 Total : 9,055.12 97681 7/19/2007 068032 BLANCH, ANN BLANCH8257 TAIJIQUAN Page: 6 Packet Page 29 of 139 vchlist Voucher List Page: 7 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97681 7/19/2007 068032 BLANCH, ANN (Continued) TAIJIQUAN #8257 001.000.640.575.540.410.00 36.00 Total : 36.00 97682 7/19/2007 003074 BNSF RAILWAY COMPANY 07071132 LEASE AGREEMENT FOR PED WA LEASE AGREEMENT FOR PED WA 111.000.653.542.310.450.00 618.00 Total : 618.00 97683 7/19/2007 002840 BRIM TRACTOR CO INC IL08773 UNIT 91 - FILTER UNIT 91 - FILTER 511.000.657.548.680.310.00 87.15 Sales Tax 511.000.657.548.680.310.00 7.32 IM08701 UNIT 91 - TUBE, BLADE ASY, WIPE UNIT 91 - TUBE, BLADE ASY, WIPE 511.000.657.548.680.310.00 213.14 Sales Tax 511.000.657.548.680.310.00 17.05 Total : 324.66 97684 7/19/2007 071766 CAMPBELL, CONNIE CAMPBELL8461 KAYAKING CLASS INTRODUCTORY KAYAKING @ MA 001.000.640.574.200.410.00 363.62 Total : 363.62 97685 7/19/2007 003255 CANINE COLLEGE CANINE8394 DOG OBEDIENCE DOG OBEDIENCE CLASS #8394 001.000.640.574.200.410.00 400.00 Total : 400.00 97686 7/19/2007 071768 CASAGRADE, MARYSE CASAGRADE0709 REFUND DAMAGE DEPOSIT REFUND 001.000.000.239.200.000.00 500.00 Total : 500.00 Page: 7 Packet Page 30 of 139 vchlist Voucher List Page: 8 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor 97687 7/19/2007 003510 CENTRAL WELDING SUPPLY 97688 7/19/2007 003510 CENTRAL WELDING SUPPLY Invoice PO # Description/Account Amount RN05071038 WATER - CYLINDER FILLS WATER - CYLINDER FILLS 411.000.654.534.800.310.00 31.00 Sales Tax 411.000.654.534.800.310.00 2.76 RN06071023 SEWER - ACETYLENE FILL CYLINE Sales Tax 411.000.655.535.800.450.00 0.69 SEWER - ACETYLENE FILL CYLINE 411.000.655.535.800.450.00 7.75 Total : 42.20 LY109089 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 32.78 Sales Tax 001.000.510.526.100.310.00 2.92 LY109332 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 30.04 Freight 001.000.510.526.100.310.00 13.50 Sales Tax 001.000.510.526.100.310.00 3.87 LY109368 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 41.53 Freight 001.000.510.526.100.310.00 13.50 Sales Tax 001.000.510.526.100.310.00 4.90 Page: 8 Packet Page 31 of 139 vchlist Voucher List Page: 9 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97688 7/19/2007 003510 CENTRAL WELDING SUPPLY (Continued) LY109369 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 20.77 Freight 001.000.510.526.100.310.00 13.50 Sales Tax 001.000.510.526.100.310.00 3.05 LY109370 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 10.38 Freight 001.000.510.526.100.310.00 13.50 Sales Tax 001.000.510.526.100.310.00 2.12 Total : 206.36 97689 7/19/2007 064341 CINGULAR WIRELESS 206-660-2168 ACCOUNT 828427736 Cell phone Gene 001.000.651.519.920.420.00 40.31 Total : 40.31 97690 7/19/2007 064341 CINGULAR WIRELESS 206-369-4557 CELL PHONE FLEET cell phone fleet 511.000.657.548.680.420.00 9.15 Total : 9.15 97691 7/19/2007 071389 COASTAL WEAR PRODUCTS LTD 6496 UNIT 55 - GUTTERBROOM UNIT 55 - GUTTERBROOM 511.000.657.548.680.310.00 1,200.00 Total : 1,200.00 97692 7/19/2007 004095 COASTWIDE LABORATORIES W1809667 FAC MAINT - MOP HEADS, TT, AIR Page: 9 Packet Page 32 of 139 vchlist Voucher List Page: 10 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor 97692 7/19/2007 004095 COASTWIDE LABORATORIES Invoice (Continued) <r>rZ. •R /iLOW1111 1TA Iu1=1:ZyI_1IEWAN91Ws] Lot 9Is] Z I & 4715630636395271 4715630649063718 97694 7/19/2007 069983 COMMERCIAL CARD SOLUTIONS 1457 PO # Description/Account Amount FAC MAINT - MOP HEADS, TT, AIR 001.000.651.519.920.310.00 2,040.51 Sales Tax 001.000.651.519.920.310.00 181.83 Freight 001.000.651.519.920.310.00 2.50 Total : 2,224.84 South County Mayor's luncheon 6/6/( South County Mayor's luncheon 6/6/( 001.000.210.513.100.490.00 19.80 Hotel accomodations (6/14 & 6/15/07 Hotel accomodations (6/14 & 6/15/07 001.000.210.513.100.430.00 164.02 Uframe it - Retirement poster for Sco 001.000.210.513.100.410.00 146.07 Uframe it - Retirement poster for Jim 111.000.653.542.900.310.00 160.28 RPNW parking - for Sno. County Citii 001.000.210.513.100.430.00 9.00 Pizza, cake & coolies for the Mayor's 001.000.210.513.100.490.00 404.27 Pizza, cake & cookies for the Mayor's 001.000.210.513.100.490.00 59.96 Building or Senior Combo. Bldg. Building or Senior Combo. Bldg. 001.000.220.516.100.440.00 25.00 Total : 988.40 AUDIO TECH BUSINESS - 1 YEAR I AUDIO TECH BUSINESS - 1 YEAR 1 001.000.650.519.910.490.00 149.00 Page: 10 Packet Page 33 of 139 vchlist Voucher List Page: 11 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97694 7/19/2007 069983 COMMERCIAL CARD SOLUTIONS (Continued) 5988 ALBERT LEE APPLIANCE - FS 16 - ALBERT LEE APPLIANCE - FS 16 - 001.000.651.519.920.310.00 826.55 GUARDIAN WA SECURITY - OLD P 001.000.651.519.920.420.00 55.00 7577 UNIT EQ11EQ - MAP*MACNEIL AU1 UNIT EQ11EQ - MAP*MACNEIL AU1 511.100.657.594.480.640.00 94.83 Total : 1,125.38 97695 7/19/2007 069983 COMMERCIAL CARD SOLUTIONS 4715630851494783 AWC Reg Moore Budget Workshop f AWC Reg Moore Budget Workshop f 001.000.110.511.100.490.00 150.00 Pen set plaque for new student rep 001.000.110.511.100.490.00 40.18 Refreshments/City Council Meetings 001.000.110.511.100.310.00 8.68 Total : 198.86 97696 7/19/2007 069983 COMMERCIAL CARD SOLUTIONS 630001918475 DAHL cell phone repair 001.000.510.522.200.420.00 57.81 630002081232 WHITE Operations supplies 001.000.510.522.200.310.00 231.94 630182276669 ALLISON Printing 001.000.510.522.200.410.00 26.68 Operations supplies 001.000.510.522.200.310.00 99.18 630280384662 LUCAS Interview Board supplies 001.000.510.522.200.310.00 39.95 Page: 11 Packet Page 34 of 139 vchlist Voucher List Page: 12 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97696 7/19/2007 069983 COMMERCIAL CARD SOLUTIONS (Continued) 630415178708 ALS TRAVEL Steinbach -Wenatchee 001.000.510.526.100.430.00 270.07 630551458112 W ESTFALL supplies-codebooks 001.000.510.522.300.310.00 1,259.55 630964429858 CO RRE I RA Operations supplies 001.000.510.522.200.310.00 404.47 Total : 2,389.65 97697 7/19/2007 069848 CRAM, KATHERINE CRAM8440 IRISH DANCE CLASSES IRISH DANCE FOR KIDS #8440 001.000.640.574.200.410.00 235.20 Total : 235.20 97698 7/19/2007 005850 CRETIN, LAWRENCE CRETIN0714 PLAZA ROOM MONITOR MONITOR FOR PLAZA ROOM AND 001.000.640.574.100.410.00 345.00 Total : 345.00 97699 7/19/2007 070862 DALTON, RYAN DALTON0625 VOLLEYBALL ATTENDANT OUTDOOR VOLLEYBALL ATTENDP 001.000.640.575.520.410.00 54.00 Total : 54.00 97700 7/19/2007 006635 DEPT OF LICENSING 6/1-6/30/07 CODE ENFORCEMENT - LICENSE CODE ENFORCEMENT - LICENSE 001.000.620.558.800.490.00 6.52 Total : 6.52 97701 7/19/2007 029900 DEPT OF RETIREMENT SYSTEMS 623166 Empl Contr Roberts/Jan - May Empl Contr Roberts/Jan - May 001.000.620.532.200.230.00 1,916.53 Total : 1,916.53 Page: 12 Packet Page 35 of 139 vchlist Voucher List Page: 13 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97702 7/19/2007 071769 DESJARDINS, DARCEL DESJARDINS0709 REFUND REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 425.00 Total : 425.00 97703 7/19/2007 007675 EDMONDS AUTO PARTS 83207 OPS SUPPLIES Hlgn Beam 001.000.510.522.200.310.00 8.82 Sales Tax 001.000.510.522.200.310.00 0.78 Total : 9.60 97704 7/19/2007 008705 EDMONDS WATER DIVISION 6-02735 PUBLIC SAFETY COMPLEX -POLICE PUBLIC SAFETY COMPLEX -POLICE 001.000.651.519.920.470.00 1,019.67 6-02736 PUBLIC SAFETY COMPLEX -FIRE LI PUBLIC SAFETY COMPLEX -FIRE LI 001.000.651.519.920.470.00 13.08 6-02737 PUBLIC SAFETY COMPLEX -FIRE PUBLIC SAFETY COMPLEX -FIRE 001.000.651.519.920.470.00 161.13 6-02738 PUBLIC SAFETY IRRIGATION PUBLIC SAFETY IRRIGATION 001.000.651.519.920.470.00 275.98 6-02825 LIBRARY & SPRINKLER LIBRARY & SPRINKLER 001.000.651.519.920.470.00 1,807.25 6-02875 ANDERSON CULTURAL CENTER (F ANDERSON CULTURAL CENTER (F 001.000.651.519.920.470.00 22.89 6-02925 ANDERSON CULTURAL CENTER ANDERSON CULTURAL CENTER 001.000.651.519.920.470.00 1,355.35 6-04127 Fire Station #16 Fire Station #16 001.000.651.519.920.470.00 522.97 Page: 13 Packet Page 36 of 139 vchlist Voucher List Page: 14 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor 97704 7/19/2007 008705 EDMONDS WATER DIVISION Invoice (Continued) 6-04128 6-05155 6-05156 �7�ZiZ.�/f F�7f��iZ�1 rZiI�Z Z:Zi P� � � xis LZ�] ►1 [�l :��1;y I � 1 ��y � /tCy :l l ► I ��iYZ:ii�Lc3 PO # Description/Account fire sprinkler-FS #16 fire sprinkler-FS #16 001.000.651.519.920.470.00 Public Works Bldg Public Works Bldg 001.000.650.519.910.470.00 Public Works Bldg 111.000.653.542.900.470.00 Public Works Bldg 411.000.654.534.800.470.00 Public Works Bldg 411.000.655.535.800.470.00 Public Works Bldg 511.000.657.548.680.470.00 Public Works Bldg 411.000.652.542.900.470.00 Public Works Fire Detector Public Works Fire Detector 001.000.650.519.910.470.00 Public Works Fire Detector 111.000.653.542.900.470.00 Public Works Fire Detector 411.000.652.542.900.470.00 Public Works Fire Detector 411.000.654.534.800.470.00 Public Works Fire Detector 411.000.655.535.800.470.00 Public Works Fire Detector 511.000.657.548.680.470.00 Total ; Canon 5870 Copier Maint (Color) - 61 Amount 13.08 111.13 422.28 422.28 422.28 422.28 422.27 1.63 6.21 6.21 6.21 6.21 6.19 7,446.58 Page: 14 Packet Page 37 of 139 vchlist Voucher List Page: 15 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice 97705 7/19/2007 008812 ELECTRONIC BUSINESS MACHINES (Continued) PO # Description/Account Amount Canon 5870 Copier Maint (Color) - 6) 001.000.610.519.700.480.00 21.00 Canon 5870 Copier Maint (Color) - 6) 001.000.220.516.100.480.00 21.00 Canon 5870 Copier Maint (Color) - 61 001.000.210.513.100.480.00 20.99 Sales Tax 001.000.610.519.700.480.00 1.87 Sales Tax 001.000.220.516.100.480.00 1.87 Sales Tax 001.000.210.513.100.480.00 1.87 Total : 68.60 97706 7/19/2007 009880 FEDEX 2-122-63455 BLDG. DELIVERY SERVICE. BLDG. DELIVERY SERVICE. 001.000.620.524.100.490.00 34.29 Total : 34.29 97707 7/19/2007 009815 FERGUSON ENTERPRISES INC 0100340 WATER INVENTORY - - WATER INVENTORY - - 411.000.000.141.140.310.00 550.52 W -CLM PC I-06-027 411.000.000.141.140.310.00 252.31 W-RESET-0.75-007 411.000.000.141.140.310.00 658.87 W-PI PECO-01-011- 411.000.000.141.140.310.00 2,151.22 W-BENDBR-0.75-010 411.000.000.141.140.310.00 111.00 Sales Tax 411.000.000.141.140.310.00 331.44 Page: 15 Packet Page 38 of 139 vchlist Voucher List Page: 16 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor 97707 7/19/2007 009815 FERGUSON ENTERPRISES INC Invoice PO # Description/Account Amount (Continued) 0104548 WATER INVENTORY - - WATER INVENTORY - - 411.000.000.141.140.310.00 65.60 W-BUSHNGBR-02-015 411.000.000.141.140.310.00 86.31 W-PIPEBR-0.75-010 411.000.000.141.140.310.00 64.65 W-BUSHNGBR-01.5-010 411.000.000.141.140.310.00 50.80 W-PIPEBR-01-010 411.000.000.141.140.310.00 63.54 W-FITCOMBR-0.75-020 411.000.000.141.140.310.00 190.94 W-VALVBR-02-010 411.000.000.141.140.310.00 401.51 W-VALVBR-0.75-020 411.000.000.141.140.310.00 305.00 W-UNIONBR-0.75-030 411.000.000.141.140.310.00 203.76 W-VALVBR-0.75-010 411.000.000.141.140.310.00 80.81 W-FITCOMBR-0.75-010 411.000.000.141.140.310.00 178.14 W-FOLOW RCI-04-010 411.000.000.141.140.310.00 235.68 W-FOLOW RCI-06-010 411.000.000.141.140.310.00 218.96 W-VALVCI-02-010 411.000.000.141.140.310.00 396.00 W-PIPEPL-0.75-012 - 100' ROLL 411.000.000.141.140.310.00 25.74 W-PIPEPL-01.5-011 411.000.000.141.140.310.00 95.36 W-PIPEPL-01.5-11 (RETURNED FC Page: 16 Packet Page 39 of 139 vchlist Voucher List Page: 17 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97707 7/19/2007 009815 FERGUSON ENTERPRISES INC (Continued) 411.000.000.141.140.310.00 190.73 W-VALVBR-01-020 411.000.000.141.140.310.00 123.69 Sales Tax 411.000.000.141.140.310.00 264.97 Total : 7,297.55 97708 7/19/2007 067042 FINAL TOUCH FINISHING KING8066 ETIQUETTE CLASSES STARTING POINT #8066 001.000.640.574.200.410.00 315.00 YOUNG LADIES & GENTLEMEN- 001.000.640.574.200.410.00 325.00 Total : 640.00 97709 7/19/2007 009835 FINANCIAL CONSULTANTS INTL 8510 UNIT 239 - DRIVERS SEAT UNIT 239 - DRIVERS SEAT 511.000.657.548.680.310.00 300.00 Sales Tax 511.000.657.548.680.310.00 25.50 Total : 325.50 97710 7/19/2007 071765 FLECK, CHRIS 2-29325 overpayment refund overpayment refund 411.000.000.233.000.000.00 60.72 Total : 60.72 97711 7/19/2007 062255 FUTUREKIDS FARLEY8201 COMPUTER CAMPS FUTUREKIDS COMPUTER CAMP- 001.000.640.574.200.410.00 2,184.00 Total : 2,184.00 97712 7/19/2007 068617 GLEISNER, BARBARA GLEISNER8264 TAIJIQUAN CLASSES TAIJIQUAN #8264 001.000.640.575.540.410.00 141.75 TAIJIQUAN #8262 001.000.640.575.540.410.00 189.00 Page: 17 Packet Page 40 of 139 vchlist Voucher List Page: 18 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97712 7/19/2007 068617 068617 GLEISNER, BARBARA (Continued) Total : 330.75 97713 7/19/2007 063137 GOODYEAR AUTO SERVICE CENTER 079746 FLEET INVENTORY - TIRES FLEET INVENTORY - TIRES 511.000.657.548.680.340.40 1,189.58 Sales Tax 511.000.657.548.680.340.40 105.87 079840 UNIT 233 - TIRE DISPOSAL FEE UNIT 233 - TIRE DISPOSAL FEE 511.000.657.548.680.310.00 16.00 Total : 1,311.45 97714 7/19/2007 012199 GRAINGER 9394257118 STREET- ELECT CONTROL PANEL STREET- ELECT CONTROL PANEL 411.000.652.542.400.310.00 1,441.62 Sales Tax 411.000.652.542.400.310.00 123.98 Total : 1,565.60 97715 7/19/2007 071391 GRAY & OSBORNE INC 07523.00-2 E7AB.196th/88th thru June E7AB.196th/88th thru June 112.200.630.595.330.650.00 6,093.18 Total : 6,093.18 97716 7/19/2007 071777 HARRIS, SHELLY HARRIS0705 REFUND REFUND 001.000.000.239.200.000.00 101.00 Total : 101.00 97717 7/19/2007 071417 HD SUPPLY WATERWORKS LTD 5449135 WATER INVENTORY - W-FITBR-0.7 WATER INVENTORY - W-FITBR-0.7 411.000.000.141.140.310.00 192.00 Sales Tax 411.000.000.141.140.310.00 16.32 Total : 208.32 97718 7/19/2007 067862 HOME DEPOT CREDIT SERVICES 1044177 STREET - BANNER MOUNTING SUI Page: 18 Packet Page 41 of 139 vchlist Voucher List Page: 19 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97718 7/19/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) STREET - BANNER MOUNTING SUI 111.000.653.542.310.310.00 30.35 Sales Tax 111.000.653.542.310.310.00 2.70 1063157 FS 20 - HINGE FS 20 - HINGE 001.000.651.519.920.310.00 7.78 Sales Tax 001.000.651.519.920.310.00 0.69 2031844 STREET- 1" 900 EL, VULT SENSOR STREET- 1" 900 EL, VULT SENSOR 111.000.653.542.630.310.00 17.96 Sales Tax 111.000.653.542.630.310.00 1.60 2076979 CITY PARK BLDG - SHOP SUPPLIE CITY PARK BLDG - SHOP SUPPLIE 001.000.651.519.920.310.00 9.96 Sales Tax 001.000.651.519.920.310.00 0.89 3046528 FAC MAINT UNIT 5 - TOOL DRAWE FAC MAINT UNIT 5 - TOOL DRAWE 001.000.651.519.920.310.00 22.31 Sales Tax 001.000.651.519.920.310.00 1.99 3047766 FAC MAINT - UNIT 79 - CLEAR CAN FAC MAINT - UNIT 79 - CLEAR CAN 001.000.651.519.920.310.00 16.72 Sales Tax 001.000.651.519.920.310.00 1.49 3085030 STADIUM - BATTERIES, BRUSHES, STADIUM - BATTERIES, BRUSHES, 001.000.651.519.920.310.00 27.18 Sales Tax 001.000.651.519.920.310.00 2.42 Page: 19 Packet Page 42 of 139 vchlist Voucher List Page: 20 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97718 7/19/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 3264027 STREET - BLUE TAPE, REBAR STREET - BLUE TAPE, REBAR 111.000.653.542.310.310.00 35.94 Sales Tax 111.000.653.542.310.310.00 3.20 36832 PS - LATHE SCREWS, BRUSHES PS - LATHE SCREWS, BRUSHES 001.000.651.519.920.310.00 8.48 Sales Tax 001.000.651.519.920.310.00 0.75 38413 FAC MAINT UNIT 5 - SUPPLIES FAC MAINT UNIT 5 - SUPPLIES 001.000.651.519.920.310.00 54.84 Sales Tax 001.000.651.519.920.310.00 4.88 4045159 PS - PEG BOARD SUPPLIES FOR PS - PEG BOARD SUPPLIES FOR 001.000.410.521.220.310.00 76.73 Sales Tax 001.000.410.521.220.310.00 6.83 4075464 SEWER - HAND TRUCK TIRES SEWER - HAND TRUCK TIRES 411.000.655.535.800.310.00 27.34 Sales Tax 411.000.655.535.800.310.00 2.43 4077934 FAC MAINT - 7" CURVED VISE FAC MAINT - 7" CURVED VISE 001.000.651.519.920.310.00 12.47 Sales Tax 001.000.651.519.920.310.00 1.11 45714 PS - PEGBOARD PROJECT - PD AF PS - PEGBOARD PROJECT - PD AF 001.000.410.521.220.310.00 13.95 Sales Tax 001.000.410.521.220.310.00 1.24 Page: 20 Packet Page 43 of 139 vchlist Voucher List Page: 21 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97718 7/19/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 48120 FAC MAINT UNIT 5 - 438-51-1 SUPPL FAC MAINT UNIT 5 - 438-51-1 SUPPL 001.000.651.519.920.310.00 17.97 Sales Tax 001.000.651.519.920.310.00 1.60 5075279 FAC MAINT - TREADLOCKER, CVS FAC MAINT - TREADLOCKER, CVS 001.000.651.519.920.310.00 6.96 Sales Tax 001.000.651.519.920.310.00 0.62 5075331 SEWER - PVC CAP, SUPPLIES SEWER - PVC CAP, SUPPLIES 411.000.655.535.800.310.00 1.94 Sales Tax 411.000.655.535.800.310.00 0.17 588895 FAC MAINT - BUG SPRAY, SUPPLII FAC MAINT - BUG SPRAY, SUPPLII 001.000.651.519.920.310.00 4.15 Sales Tax 001.000.651.519.920.310.00 0.37 6038872 FAC MAINT - 3 FT PIPE FAC MAINT - 3 FT PIPE 001.000.651.519.920.310.00 6.01 Sales Tax 001.000.651.519.920.310.00 0.53 6047389 WATER - ROUGH TOTES, 17G BO) WATER - ROUGH TOTES, 17G BO) 411.000.654.534.800.310.00 42.39 Sales Tax 411.000.654.534.800.310.00 3.77 6247980 FAC MAINT RETURNED SAME DAY FAC MAINT RETURNED SAME DAY 001.000.651.519.920.310.00 -6.01 Sales Tax 001.000.651.519.920.310.00 -0.53 Page: 21 Packet Page 44 of 139 vchlist Voucher List Page: 22 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97718 7/19/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 7038734 PS - ANGLE SLOTED PS - ANGLE SLOTED 001.000.651.519.920.310.00 16.90 Sales Tax 001.000.651.519.920.310.00 1.50 7042328 YOST POOL / PARKS - VINYL TUBE YOST POOL / PARKS - VINYL TUBE 001.000.640.576.800.310.00 28.55 Sales Tax 001.000.640.576.800.310.00 2.54 7075022 FAC MAINT - LADDER COVER FAC MAINT - LADDER COVER 001.000.651.519.920.310.00 7.47 Sales Tax 001.000.651.519.920.310.00 0.66 7583792 UNIT 91 - 48X84 ALBRSCR UNIT 91 - 48X84 ALBRSCR 511.000.657.548.680.310.00 11.49 Sales Tax 511.000.657.548.680.310.00 1.02 77275 PS - ALUM DUCT, D BOARD TAPE, PS - ALUM DUCT, D BOARD TAPE, 001.000.651.519.920.310.00 34.75 Sales Tax 001.000.651.519.920.310.00 3.09 8048377 PW - SUPPLIES PW - SUPPLIES 001.000.651.519.920.310.00 20.38 Sales Tax 001.000.651.519.920.310.00 1.81 8076165 FAC MAINT - CUSTODIAL SUPPLIE FAC MAINT - CUSTODIAL SUPPLIE 001.000.651.519.920.310.00 44.94 Sales Tax 001.000.651.519.920.310.00 4.00 Page: 22 Packet Page 45 of 139 vchlist Voucher List Page: 23 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97718 7/19/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 8562467 PS - PLUNGER, SQUEEGEE PS - PLUNGER, SQUEEGEE 001.000.651.519.920.310.00 8.67 Sales Tax 001.000.651.519.920.310.00 0.77 9042056 STREET- COUPLINGS, EL STREET- COUPLINGS, EL 111.000.653.542.630.310.00 1.11 Sales Tax 111.000.653.542.630.310.00 0.10 9098351 SR CENTER - ROOF SUPPLIES SR CENTER - ROOF SUPPLIES 001.000.651.519.920.310.00 23.91 Sales Tax 001.000.651.519.920.310.00 2.13 Total : 689.96 97719 7/19/2007 071770 HORNE, GARY HORNE0713 REFUND REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 250.00 Total : 250.00 97720 7/19/2007 060165 HWA GEOSCIENCES INC 17845 ESJA.Testing thru 06/30/07 ESJA.Testing thru 06/30/07 412.100.630.594.320.650.00 1,003.81 17860 E7FE.Testing thru 06/30/07 E7FE.Testing thru 06/30/07 412.200.630.594.320.650.00 1,546.78 Total : 2,550.59 97721 7/19/2007 071738 JANSEN, MARK JANSEN WITHDRAWN PERMIT. PROJECT N WITHDRAWN PERMIT. PROJECT N 001.000.000.257.620.000.00 224.80 Total : 224.80 Page: 23 Packet Page 46 of 139 vchlist Voucher List Page: 24 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97722 7/19/2007 068401 KING CO OFFICE OF FINANCE WRIA8-3039 INTERLOCAL AGREEMENT WATEF INTERLOCAL AGREEMENT WATEF 411.000.652.542.900.510.00 4,315.33 Total : 4,315.33 97723 7/19/2007 016600 KROESENS INC 76718 OPS UNIFORMS Hepler badges 001.000.510.522.200.310.00 181.40 Sales Tax 001.000.510.522.200.310.00 16.14 Total : 197.54 97724 7/19/2007 068431 LINN, DANA LINN0708 SIGN LANGUAGE INTERPRETER SUMMER CONCERT ASL INTERPR 117.100.640.573.100.410.00 75.00 Total : 75.00 97725 7/19/2007 071771 LOWE, KRYSTYN LOWE0713 REFUND REFUND 001.000.000.239.200.000.00 142.00 Total : 142.00 97726 7/19/2007 018760 LUNDS OFFICE ESSENTIALS 094960 PW - 1000 ENVELOPES PW - 1000 ENVELOPES 001.000.650.519.910.310.00 124.00 Sales Tax 001.000.650.519.910.310.00 11.04 Total : 135.04 97727 7/19/2007 066191 MACLEOD RECKORD 4571 ESMC.Dsn Svcs thru 06/30/07 ESMC.Dsn Svcs thru 06/30/07 125.000.640.594.750.650.00 7,934.94 Total : 7,934.94 97728 7/19/2007 019594 MARTIN, JAMES W 64 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 50.00 Page: 24 Packet Page 47 of 139 vchlist Voucher List Page: 25 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97728 7/19/2007 019594 019594 MARTIN, JAMES W (Continued) Total : 50.00 97729 7/19/2007 019920 MCCANN, MARIAN 63 LEOFF Reimbursement LEOFF Reimbursement 009.000.390.517.370.230.00 2,790.29 Total : 2,790.29 97730 7/19/2007 069285 MERCER MD, JAMES 1006-007 ALS PROF SERVICES June med prgm dir 001.000.510.526.100.410.00 1,644.75 Total : 1,644.75 97731 7/19/2007 071778 MOEN, LINDA MOEN0705 REFUND REFUND 001.000.000.239.200.000.00 323.00 Total : 323.00 97732 7/19/2007 024001 NC MACHINERY CO Z1370801 SEWER DEPT - TRACK EXCAVATC SEWER DEPT - TRACK EXCAVATC 411.000.655.535.800.450.00 680.32 Sales Tax 411.000.655.535.800.450.00 54.43 Total : 734.75 97733 7/19/2007 071772 NICKERSON, EVELYN NICKERSON0710 REFUND CLASS REFUND 001.000.000.239.200.000.00 60.00 Total : 60.00 97734 7/19/2007 024960 NORTH COAST ELECTRIC COMPANY S1573210.001 FS 17 - THERMOSTAT FS 17 - THERMOSTAT 001.000.651.519.920.310.00 20.67 Sales Tax 001.000.651.519.920.310.00 1.76 Total : 22.43 97735 7/19/2007 064215 NORTHWEST PUMP & EQUIP CO 1541844-00 SHOP - METER KIT Page: 25 Packet Page 48 of 139 vchlist 07/19/2007 9:18:01AM Voucher List City of Edmonds Page: 26 Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97735 7/19/2007 064215 NORTHWEST PUMP & EQUIP CO (Continued) SHOP - METER KIT 511.000.657.548.680.350.00 225.86 Freight 511.000.657.548.680.350.00 9.27 Sales Tax 511.000.657.548.680.350.00 20.22 Total : 255.35 97736 7/19/2007 063511 OFFICE MAX CONTRACT INC 674855 Office supplies -L. Carl Office supplies -L. Carl 001.000.210.513.100.310.00 91.67 Sales Tax 001.000.210.513.100.310.00 8.16 Total : 99.83 97737 7/19/2007 063511 OFFICE MAX CONTRACT INC 542897 PW ADMIN OFFICE SUPPLIES - SK PW ADMIN OFFICE SUPPLIES - SIC 001.000.650.519.910.310.00 17.55 SEWER JET TRUCK PRINTER CAR 411.000.655.535.800.310.00 46.03 Sales Tax 001.000.650.519.910.310.00 1.56 Sales Tax 411.000.655.535.800.310.00 4.09 Page: 26 Packet Page 49 of 139 vchlist Voucher List Page: 27 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97737 7/19/2007 063511 OFFICE MAX CONTRACT INC (Continued) 633108 PW ADMIN SUPPLIES - PENCILS, F PW ADMIN SUPPLIES - PENCILS, F 001.000.650.519.910.310.00 32.91 FAC MAINT - PRINTER INK CARTRI 001.000.651.519.920.310.00 34.38 WATER MGR - PRINTER INK CART 411.000.654.534.800.310.00 42.90 Sales Tax 001.000.650.519.910.310.00 2.93 Sales Tax 001.000.651.519.920.310.00 3.06 Sales Tax 411.000.654.534.800.310.00 3.81 Total : 189.22 97738 7/19/2007 025889 OGDEN MURPHY AND WALLACE 659679 ATTORNEY FEES FOR-JUNE Attorney Fees for June 001.000.360.515.100.410.00 14,798.04 659682 RETAINER FEES-JUNE MONTHLY RETAINER FEES 001.000.360.515.100.410.00 17,584.00 Total : 32,382.04 97739 7/19/2007 026200 OLYMPIC VIEW WATER DISTRICT 0002920 WATER FOR L/S #13 WATER FOR L/S #13 411.000.655.535.800.470.00 25.33 0021400 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 96.32 Total : 121.65 97740 7/19/2007 071402 PACIFIC NW FLOAT TRIPS PACIFICFLOAT8454 FLOAT TRIP WINE TASTING FLOAT TRIP- 001.000.640.574.200.410.00 205.70 Page: 27 Packet Page 50 of 139 vchlist Voucher List Page: 28 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97740 7/19/2007 071402 071402 PACIFIC NW FLOAT TRIPS (Continued) Total : 205.70 97741 7/19/2007 066412 PARKS & RECREATION DAYCAMP CAMPCASH0718 DAYCAMP PETTY CASH REIMBUR; DAYCAMP PETTY CASH REIMBUR.' 001.000.640.575.530.310.00 411.74 PETTY CASH REIMBURSEMENT 001.000.640.575.530.490.00 69.38 Total : 481.12 97742 7/19/2007 065787 PATRIOT DIAMOND INC 90906 STREET - SUPER PROF CONCRET STREET - SUPER PROF CONCRET 111.000.653.542.610.310.00 336.00 Freight 111.000.653.542.610.310.00 14.00 Total : 350.00 97743 7/19/2007 069944 PECK, ELIZABETH PECK8071 CHILDREN'S CLASS WIGGLES & GIGGLES #8071 001.000.640.574.200.410.00 224.00 Total : 224.00 97744 7/19/2007 029117 PORT OF EDMONDS 0003870 CITY OF EDMONDS STORMWATEF Pier Electricity for JULY 07 001.000.640.576.800.470.00 13.50 Stromwater Rent & Leasehold tax 411.000.652.542.900.510.00 472.83 Total : 486.33 97745 7/19/2007 065579 QUIKSIGN 55798 WICHERS/S-07-48 SIGN INSTALLA' WICHERS/S-07-48 SIGN INSTALLA' 001.000.620.558.600.410.11 156.00 Sales Tax 001.000.620.558.600.410.11 13.88 Total : 169.88 97746 7/19/2007 071702 RAILROAD MGMT CO III LLC 227081 LEASE AGREEMENT FOR ID #502t Page: 28 Packet Page 51 of 139 vchlist Voucher List Page: 29 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97746 7/19/2007 071702 RAILROAD MGMT CO III LLC (Continued) LEASE AGREEMENT FOR ID #502t 111.000.653.542.310.450.00 75.00 Total : 75.00 97747 7/19/2007 031500 REID MIDDLETON & ASSOC INC 706029 SMP CONSULTANT 4/21-6/29/07-PL SMP CONSULTANT 4/21-6/29/07-PL 001.000.620.558.600.490.00 8,590.92 Total : 8,590.92 97748 7/19/2007 068483 RH2 ENGINEERING INC 45333 E3JC.Svcs thru 06/24/07 E3JC.Svcs thru 06/24/07 412.100.630.594.320.650.00 2,474.70 Total : 2,474.70 97749 7/19/2007 068484 RINKER MATERIALS 9413110655 STREET - CONCRETE DUMP FEES STREET - CONCRETE DUMP FEES 111.000.653.542.310.490.00 110.30 Total : 110.30 97750 7/19/2007 071773 RYBERG, MARIA RYBERG0706 REFUND REFUND DUE TO MEDICAL REASC 001.000.000.239.200.000.00 50.00 Total : 50.00 97751 7/19/2007 069593 SAFELITE FULFILLMENT INC 00446-574213 UNIT 235 - WINDSHIELD REPLACE UNIT 235 - WINDSHIELD REPLACE 511.000.657.548.680.480.00 142.64 Total : 142.64 97752 7/19/2007 061482 SEA -WESTERN INC 117135 OPS SUPPLIES cycle bracket 001.000.510.522.200.310.00 98.00 Freight 001.000.510.522.200.310.00 7.50 Sales Tax 001.000.510.522.200.310.00 9.39 Page: 29 Packet Page 52 of 139 vchlist Voucher List Page: 30 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97752 7/19/2007 061482 061482 SEA -WESTERN INC (Continued) Total : 114.89 97753 7/19/2007 071774 SEYMOUR, MARTA SEYMOUR0709 REFUND REFUND 001.000.000.239.200.000.00 110.00 Total : 110.00 97754 7/19/2007 071776 SHULL, ERIN SHULL0706 REFUND REFUND 001.000.000.239.200.000.00 74.00 Total : 74.00 97755 7/19/2007 037375 SNO CO PUD NO 1 2400010746 LIFT STATION #10 LIFT STATION #10 411.000.655.535.800.470.00 129.68 2410016253 LIFT STATION #2 LIFT STATION #2 411.000.655.535.800.470.00 52.09 2880027277 SEAVIEW RESERVOIR SEAVIEW RESERVOIR 411.000.654.534.800.470.00 28.77 3970013581 SCHOOL FLASHING LIGHT SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 29.26 6000013000 STREET LIGHTING STREET LIGHTING 111.000.653.542.630.470.00 8,678.67 Total : 8,918.47 97756 7/19/2007 038100 SNO-KING STAMP 35416 SEWER - NO WARRANTY STAMP SEWER - NO WARRANTY STAMP 411.000.655.535.800.310.00 49.90 Sales Tax 411.000.655.535.800.310.00 4.44 Total : 54.34 97757 7/19/2007 069997 SRI TECHNOLOGIES INC 69314 E7CA.Roberts thru 07/06/07 Page: 30 Packet Page 53 of 139 vchlist Voucher List Page: 31 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97757 7/19/2007 069997 SRI TECHNOLOGIES INC (Continued) E7CA.Roberts thru 07/06/07 125.100.620.595.300.650.00 845.00 E1 DB.Roberts thru 07/06/07 125.100.620.595.300.650.00 325.00 ESJA.Roberts thru 07/06/07 412.100.630.594.320.650.00 325.00 ESMC.Roberts thru 07/06/07 125.000.640.594.750.650.00 292.50 Total : 1,787.50 97758 7/19/2007 031060 STEARNS FINANCIAL SERVICES 7079033-IN MONTHLY MAINT - JULY 07 MONTHLY MAINT - JULY 07 411.000.654.534.800.480.00 166.28 Sales Tax 411.000.654.534.800.480.00 14.81 Total : 181.09 97759 7/19/2007 040430 STONEWAY ELECTRIC SUPPLY 078880 FS 17 - ELECT SUPPLIES FS 17 - ELECT SUPPLIES 001.000.651.519.920.310.00 23.20 Sales Tax 001.000.651.519.920.310.00 2.06 081608 PS - ELECT SUPPLIES PS - ELECT SUPPLIES 001.000.651.519.920.310.00 34.17 Sales Tax 001.000.651.519.920.310.00 3.04 088065 PW - ELECT SUPPLIES PW - ELECT SUPPLIES 001.000.651.519.920.310.00 40.50 Sales Tax 001.000.651.519.920.310.00 3.60 Page: 31 Packet Page 54 of 139 vchlist Voucher List Page: 32 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97759 7/19/2007 040430 STONEWAY ELECTRIC SUPPLY (Continued) 088066 LIBRARY - ELECT SUPPLIES LIBRARY - ELECT SUPPLIES 001.000.651.519.920.310.00 35.40 Sales Tax 001.000.651.519.920.310.00 3.15 091653 MCH - ELECT SUPPLIES MCH - ELECT SUPPLIES 001.000.651.519.920.310.00 37.93 Sales Tax 001.000.651.519.920.310.00 3.38 Total : 186.43 97760 7/19/2007 065133 SUDDEN PRINTING 16961 WATER DEPT - 21 COPIES OF RH2 WATER DEPT - 21 COPIES OF RH2 411.000.654.534.800.310.00 52.50 Sales Tax 411.000.654.534.800.310.00 4.67 Total : 57.17 97761 7/19/2007 060167 TEREX UTILITIES WEST 020-82633 UNIT 101 - BOOM TEST UNIT 101 - BOOM TEST 511.000.657.548.680.480.00 175.00 Sales Tax 511.000.657.548.680.480.00 15.40 Total : 190.40 97762 7/19/2007 065710 THE CHAMBERS MULTIMEDIA 000417 INTERNET ACCESS CEMETERY INTERNET ACCESS 130.000.640.536.200.420.00 17.95 Total : 17.95 97763 7/19/2007 009350 THE DAILY HERALD COMPANY 187298 INVITATION TO BID - FAC SEISMIC INVITATION TO BID - FAC SEISMIC 116.000.651.594.190.650.00 120.96 Total : 120.96 Page: 32 Packet Page 55 of 139 vchlist Voucher List Page: 33 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97764 7/19/2007 065459 THE HERALD SUBSCRIPTION 11843419 HERALD NEWSPAPER ANNUAL DE HERALD NEWSPAPER ANNUAL DE 411.000.652.542.900.490.00 28.20 HERALD NEWSPAPER ANNUAL DE 111.000.653.542.900.490.00 28.20 HERALD NEWSPAPER ANNUAL DE 411.000.654.534.800.490.00 28.20 HERALD NEWSPAPER ANNUAL DE 411.000.655.535.800.490.00 28.20 HERALD NEWSPAPER ANNUAL DE 511.000.657.548.680.490.00 28.20 Total : 141.00 97765 7/19/2007 042800 TRI-CITIES SECURITY 13476 UNIT 101 - CAR KEYS UNIT 101 - CAR KEYS 511.000.657.548.680.310.00 12.75 Sales Tax 511.000.657.548.680.310.00 1.13 Total : 13.88 97766 7/19/2007 044960 UTILITIES UNDERGROUND LOC CTR 7069068 utility locates utility locates 411.000.654.534.800.410.00 125.99 utility locates 411.000.655.535.800.410.00 125.99 utility locates 411.000.652.542.900.410.00 126.02 Total : 378.00 97767 7/19/2007 011900 VERIZON NORTHWEST 425-744-1681 SEAVIEW PARK IRRIGATION MODI SEAVIEW PARK IRRIGATION MODI 001.000.640.576.800.420.00 45.70 425-744-1691 SIERRA PARK IRRIGATION MODE SIERRA PARK IRRIGATION MODE 001.000.640.576.800.420.00 45.09 Page: 33 Packet Page 56 of 139 vchlist Voucher List Page: 34 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97767 7/19/2007 011900 VERIZON NORTHWEST (Continued) 425-745-5055 MEADOWDALE PRESCHOOL MEADOWDALE PRESCHOOL 001.000.640.575.560.420.00 57.08 425-776-5316 GROUNDS MAINTENANCE FAX MC GROUNDS MAINTENANCE FAX MC 001.000.640.576.800.420.00 107.24 Total : 255.11 97768 7/19/2007 011900 VERIZON NORTHWEST 425-672-7132 FLEET MAINTENANCE FAX LINE FLEET MAINTENANCE FAX LINE 511.000.657.548.680.420.00 53.80 425-776-1281 LIBRARY ELEVATOR PHONE LIBRARY ELEVATOR PHONE 001.000.651.519.920.420.00 45.70 Total : 99.50 97769 7/19/2007 067865 VERIZON WIRELESS 0568039259 Mayor's cell (425) 238-1007; 7/7 - Mayor's cell (425) 238-1007; 7/7 - 001.000.210.513.100.420.00 166.06 Gary Haakenson cell (425) 367-2932 001.000.210.513.100.420.00 64.19 Total : 230.25 97770 7/19/2007 067865 VERIZON WIRELESS 206-706-3334 C/A 370106564-00002 Cell Phone Jim Stevens 001.000.651.519.920.420.00 49.96 570091643-00001 CELL PHONE -STREET LEAD CELL PHONE -STREET LEAD 111.000.653.542.900.420.00 33.92 964212899-00001 206-947-3220 cell phone water quality 411.000.654.534.800.420.00 39.32 Total : 123.20 97771 7/19/2007 045515 WABO 13772 WOOD DESIGN/FLOOD RESISTAN Page: 34 Packet Page 57 of 139 vchlist Voucher List Page: 35 07/19/2007 9:18:01AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 97771 7/19/2007 045515 WABO (Continued) WOOD DESIGN/FLOOD RESISTAN 001.000.620.524.100.490.00 144.71 Total : 144.71 97772 7/19/2007 061286 WESTERN FLUID COMPONENTS P-10392-0 UNIT 101 - FLUID UNIT 101 - FLUID 511.000.657.548.680.310.00 23.15 Sales Tax 511.000.657.548.680.310.00 2.06 Total : 25.21 97773 7/19/2007 071775 WILLIX, MARY WILLIX0710 REFUND REFUND 001.000.000.239.200.000.00 110.00 Total : 110.00 97774 7/19/2007 071159 WOODEN O SHAKESPEARE COMPANY WOODENO0722 PARK CONCERT PARK CONCERT:- 117.100.640.573.100.410.00 1,500.00 Total : 1,500.00 106 Vouchers for bank code : front Bank total : 136,911.42 106 Vouchers in this report Total vouchers : 136,911.42 Page: 35 Packet Page 58 of 139 AM-1099 2.1). Community Services Quarterly Report - July 2007 Edmonds City Council Meeting Date: 07/24/2007 Submitted By: Stephen Clifton Time: Consent Department: Community Services Type: Information Review Committee: Action: Information Subject Title Community Services Quarterly Report — July, 2007 Recommendation from Mayor and Staff Previous Council Action Narrative As requested by the City Council, this report provides an update on major projects currently worked on by Community Services Department staff. Link: Exhibit 1 Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Stephen Clifton Final Approval Date: 07/19/2007 Fiscal Impact Attachments Form Routing/Status Approved By Date Status Sandy Chase 07/18/2007 03:48 PM APRV Gary Haakenson 07/18/2007 04:48 PM APRV Sandy Chase 07/19/2007 08:55 AM APRV Started On: 07/13/2007 11:19 AM Packet Page 59 of 139 OF EDAI O City of Edmonds Community Services Department FSt. ggo Date: July 19, 2007 To: Mayor Haakenson and City Council members From: Stephen Clifton, AICP, Community Services Director Subject: Community Services Quarterly Report — July, 2007 As requested by the City Council, this report provides an update on major projects currently worked on by Community Services Department staff. I. EDMONDS CROSSING Project Description Edmonds Crossing is a regional project intended to provide a long-term solution to current operational and safety conflicts between ferry, rail, automobile, bus, and pedestrian traffic in downtown Edmonds and along State Route 104. The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Washington State Department of Transportation (WSDOT) (including Washington State Ferries [WSF]), and City of Edmonds propose to relocate the existing state ferry terminal from Main Street, in downtown Edmonds, to Pt. Edwards, south of the downtown core. In the process, a multimodal center would be established that would integrate ferry, rail, and transit services into a single complex. A realigned SR 104 from its current intersection with Pine Street would provide access. The new complex would provide an upgraded ferry terminal designed to meet the operational requirements for accommodating forecast ferry ridership demand; a new rail station designed to meet intercity passenger (Amtrak) and commuter rail (Sounder) service; a transit center that would meet local bus system and regional transit system loading requirements; facilities that allow both vehicular commuters and walk-on passengers to utilize various transportation modes; parking, drop-off areas, retail/concessionaire space, waiting areas; and a system linking these facilities to allow for the safe movement of users. Significant Activities Since April 18, 2007 • May, 2007 — Washington State ESHB 2358 passed the legislature and was signed by the Governor. The bill slows down all ferry terminal construction in the state until pre -design studies are completed (includes Edmonds Crossing). Among the many elements of a pre -design study are the following: City of Edmonds cat Community Services Packet Page 60 of 139 o Identify additional elements requested by local governments and the cost and proposed fund source, o Identify multimodal elements and the cost and proposed funding for these o Ridership demand forecasts are reconciled and recast o Operational and pricing strategies are developed and reviewed o A survey is conducted to gather data on ferry users and to help inform operational and pricing strategies o Pre -design studies are completed. Edmonds Crossing was appropriated and can spend $3.8M of state money in the 07-09 biennium for property acquisition and matching dollars towards federally appropriated funds. • May 22, 2007 - I attended a South County Chamber breakfast hosted by Snohomish County Committee for Improved Transportation (SCCIT). The purpose of the event was for South County Chamber members to hear about many of the regionally significant transportation projects, including Edmonds Crossing, planned for the South Snohomish County area. June 11, 2007 — I attended a Port of Edmonds Commission meeting to present an update on Edmonds Crossing. Please see new Section III, Sound Transit and Regional Transportation Investment District, for information on how RTID is coordinating with Sound Transit to develop a "Roads & Transit" package which is planned to be submitted to the voters in November 2007. II. SOUND TRANSIT (PHASE 1, AKA SOUND MOVE) Project Description During the past few years, Sound Transit has been implementing what is called the Sound Move Plan. One element calls for commuter rail services, otherwise known as Sounder. Commuter rail will eventually link Everett in the north with Seattle, Tacoma and Lakewood in the South, a total of 82 miles through three counties. Sounder is being implemented in three phases, one of which includes Everett to Seattle. Three commuter rail stations are planned along this corridor, i.e., Everett, Mukilteo and Edmonds. Everett -Seattle Sounder, at full operation, now calls for 8 trains per day, i.e., four round trips, and will include reverse trips. This is a reduction of two round trips from the originally proposed operational plan. Initial service will be phased in. The first roundtrip train run began in December, 2003. The Edmonds Station will be located between the existing Amtrak Station and Main Street along both sides of the Burlington Northern Santa Fe (BNSF) tracks. This station is considered as an interim facility until such time as Edmonds Crossing Packet Page 61 of 139 construction is completed. A total of $9.04 million remains of a $13.1 million lifetime budget for Edmonds Station. A total of $4.0 million has been spent to date for agency administration, preliminary engineering, temporary improvements, and property acquisition and permits. The remaining budget should be sufficient to develop final design documents, acquire platform leases and construct the interim station. The cost estimates for interim improvements range from $2.11 million to $3.05 million (based on the cost estimates at the conceptual design level). In an attempt to address future needs in the area, a culvert is proposed to be installed near the Marina Beach property beneath both BNSF Railroad tracks, concurrent with the construction of a second track. This will allow for the eventual daylighting of Willow Creek at the time the Edmonds Crossing project is constructed. Significant Activities since April 18, 2007 • June 21, 2007 — Sound Transit conducted an Edmonds Station coordination meeting which was attended by Sound Transit staff, their consultants, and City of Edmonds staff. The purpose of the meeting was to update city staff about progress on the project, review the design and construction schedule, and discuss layout and design issues. Sound Transit's consultant described the project and pointed out salient features of the current station plans, including parking lot circulation, platforms and landscaping. City staff shared their ideas and recommendations, asked and responded to questions, and described applicable code sections and requirements. III. SOUND TRANSIT 2 AND REGIONAL TRANSPORTATION INVESTMENT DISTRICT Roads and Transit RTID has been working with Sound Transit ("ST'� to develop a 'Roads & Transit" package and submit it to the voters in November, 2007. The Roads & Transit plan includes a mix of investments in highways and bridges, light- and commuter -rail, HOV lanes, park -and -ride lots, and express and local bus service. If approved by voters, Roads & Transit would make the most significant regional transportation investments since the freeway system was built 50 years ago. The current Roads & Transit draft proposal: • Includes extensions of the region's light -rail system; • Builds on the Sounder commuter rail and ST Express regional bus system that voters approved in 1996 and is in place or under construction today; and • Includes improvements to key roadways and bridges in King, Pierce and Snohomish counties. Sound Transit 2: The Next Generation Packet Page 62 of 139 With an updated study and a Long -Range Plan that accounts for new growth, Sound Transit has been working over, a three-year period, with the public, local cities and counties, elected officials, civic groups, planning groups, and their transit partners among others, to set priorities for Sound Transit II — the next set of investments in our regional mass transit system. These projects will build directly on the system that is up and running today to create more options for travel. The Sound Transit 2 plan (ST2) would expand the existing light rail system to serve three major travel corridors. The extensions would be completed by 2027 if voters accept the package this fall. Link light rail would extend from North Seattle into Snohomish County; across Lake Washington into East King County; and south of Sea- Tac Airport into Pierce County. ST2 would also improve the Sounder commuter rail system and enhance ST Express regional bus service. More specifically, improvements would add service northward to 164t" Street/Ash Way within Snohomish County from the University of Washington via Northgate, Shoreline, Mountlake Terrace and Lynnwood. To the south the system would extend through Des Moines, Federal Way and Fife to the Tacoma Dome, connecting with the existing Tacoma Link light rail system. A light rail extension across Lake Washington would serve Mercer Island, Bellevue and Redmond's Microsoft and Overlake Transit Center areas, and Downtown Redmond if sufficient funds are available. The package would be financed through a regional sales tax increase of 0.5 percent, or 5 cents on a $10 purchase. In addition to the light rail expansions, the approximately $10.9 billion (2006$) package of capital investments also includes: • Increases access to the regional transit system by adding parking and other enhancements at Sounder commuter rail and ST Express bus facilities. The plan includes improvements to the bus rapid transit system on I-405 as well as funding for a planning study on further I-405 bus rapid transit improvements as part of a future phase. • Builds a new streetcar in Downtown Seattle connecting the International District, First Hill and Capitol Hill areas. • Prioritizes extending light rail all the way into downtown Redmond, subject to securing additional funding or cost savings. The package provides up -front funding for planning, engineering and strategic property acquisition for this extension. • Prepares for potential high -capacity transit extensions in future phases by providing funds for planning studies, including: 164th Street/Ash Way to Everett; Bellevue to Issaquah; University of Washington to Redmond across SR 520; University of Washington/Ballard/Downtown Seattle; Downtown Seattle/West Seattle/Burien; Burien to Renton; and the BNSF corridor in East King County. • Authorizes a potential extension of Sounder commuter rail service to Thurston County if funding is provided by partners outside the Sound Transit District and/or a future annexation expanding the district. 4 Packet Page 63 of 139 The Sound Transit 2 plan also funds operations and maintenance of the system expansions (approximately $1.5 billion in 2006 dollars through 2027), including funding for increasing service on existing ST Express bus routes while the light rail system expands. Regional Transportation Investment District The Regional Transportation Investment District ("RTID") was created by the Legislature and charged with developing a transportation package that improves significant roadways and bridges in King, Pierce and Snohomish counties. Blueprint for Progress The Blueprint for Progress, would invest approximately $7 billion (2006$) in the most congested corridors in the central Puget Sound region. These include: I-405 between Bellevue and Renton; Mercer Street in Seattle; SR 167 near Tacoma and Puyallup, and also in Kent and Auburn; and SR 410/SR 162 in Sumner and Orting. The Blueprint for Progress would replace the earthquake -vulnerable SR 520 Bridge; improve I-5 interchanges in Everett, Seattle, Federal Way, Lakewood, and Tacoma; and address congestion in fast-growing suburban areas, such as SR 9 and the US 2 Trestle near Snohomish and Lake Stevens. Every dollar raised in each county is currently proposed to stay within that county. The Blueprint for Progress proposes to fund these road improvements using two sources: • .8 percent on the Motor Vehicle Excise Tax (MVET) or car license fee (about $80 on every $10,000 of assessed value of a vehicle). In the tri-county area, the average taxable car value will be $8,500 in 2008, when the proposed taxes would go into effect. • .1 percent local sales -and -use tax, which is 14 on every $10 purchase, or about $25 a year for the average household. The following lists activities related to Sound Transit 2 and Regional Transportation Investment District: Significant Activities Since April 18, 2007 • April, May, June and July 2007 — City staff continued to monitor and participate in activities related to Sound Transit 2 and the Regional Transportation Investment District (RTID). Regional Transportation Investment District and Sound Transit information is available via the internet at www.rtid.ora and www.soundtransit.org/st2. • April 18, 2007 — RTID and Sound Transit issued a press release announcing that the State legislature adopted HB1396. The bill modifies HB2871 by simplifying the measure, i.e., the bill will allow voters with a single question to vote on. Under the bill's framework, votes on a single Roads & Transit ballot measure will Packet Page 64 of 139 be counted once within the Sound Transit District and once within the RTID District, which extends further north into Snohomish County. The measure will take effect if it passes in both districts. The area that falls outside the Sound Transit district will only pay for the RTID projects. April 26, 2007 - The Sound Transit Board completed development of the project list for ST2. Projects of interest to Snohomish County include: • Edmonds Crossing Multimodal Terminal • Extension of light rail from the University of Washington to 1641"/Ashway with Snohomish County stations located at Mountlake Terrace, Lynnwood Transit Center, Alderwood, and Ashway • A planning study for a future extension of light rail from 164t"/Ashway to Everett Station • Mukilteo Station parking garage • 12,000 — 15,000 additional annual service hours for ST Express Buses • May 24, 2007 — Sound Transit Executive Board of Directors formally approved an expansion of the agency's transit system. May 31, 2007 — The RTID Executive Board voted 6-1 to approve sending a staff recommended package of projects to the RTID Planning Committee for its consideration on June 8. The one vote against the package came from Pierce County. The package approved by the RTID Executive Board includes the package of projects that a Snohomish County working group recommended to the Snohomish County Council. The Blueprint for Progress includes $1.534 billion ($2006) in transportation investments for Snohomish County.. Although the list adopted by the RTID Executive Board has not changed from that recommended by the County, the individual facilities have been grouped into "corridor improvements" to help communicate how the projects relate to one another. • June 8, 2007 - The Regional Transportation Investment District (RTID) Planning Committee approved a plan for major road and bridge improvements in the most congested corridors in Snohomish, King and Pierce counties. The vote was 19 to 2 in favor of the proposed package. • June 25, 2007 — King County Council voted 9-0 to place the roads portion of the three -county RTID and ST2 tax package on the November ballot. • June 27, 2007 - The Snohomish County Council voted 4-1 to place the roads portion of the three -county RTID and ST2 tax package on the November ballot. • July 11, 2007 — Snohomish County Executive Aaron Reardon signed RTID's Blueprint for Progress Package. Packet Page 65 of 139 • July 10, 2007 — The Pierce County Council voted 7-0 to place the roads portion of the three -county RTID and ST2 tax package on the November ballot IV. REGIONAL TRANSPORATION COMMISSION HB2871, referenced in Section III, also establishes a transportation governance commission with the Governor responsible for appointing citizens to what has since been named Regional Transportation Commission (RTC). The bipartisan commission was asked to evaluate how best to govern and finance transportation in Snohomish, King, Pierce, and Kitsap counties and will be responsible for providing recommendations to the 2007 legislature for reforming transportation governance in the Puget Sound region. Significant Activities Since April 18, 2007 April and May, 2007 - Washington State Senate Bill 5803 and House Bill 2101 did not pass. If approved, the bill would have created a 7-member interim regional commission to work during the 2007 interim to recommend how regional transportation governance will work in the Puget Sound region and make recommendations to the 2008 legislature. The bills will be the subject of much work during the legislative interim. V. UNOCAL SITE CLEANUP Project Description The UNOCAL property consists of an upper yard, which contained fuel storage tanks as recently as last year, and a lower yard which currently contains pipes, truck - loading racks, office buildings, etc. Additionally, petroleum contamination also exists in the soil and is floating in, and on top of, ground and surface water, resulting from more than 60 years of operation. Significant Activities since April 18, 2007 • May 1, 2007 — UNOCAL Cleanup Stakeholders meeting. Topics of discussion included planned interim clean-up actions, and process for getting an Agreed Order in place, • June 25, 2007 — Agreed Order For Remedial Action Lower Yard of Unocal Edmonds Bulk Fuel Terminal issued. Received by City of Edmonds on July 2, 2007. • July 5 — August 3, 2007 - The Washington State Department of Ecology (Ecology) invites public comment on three documents, i.e., Remedial Investigation Report, Supplemental Remedial Investigation Report, and Agreed Order for Interim Action for the UNOCAL Edmonds Bulk Fuel Terminal Site, located at 11720 Unoco Road, Edmonds, Washington. The proposed Agreed Order includes a work plan, Packet Page 66 of 139 public participation plan, SEPA checklist, and SEPA Determination of Non - significance. Unocal cleanup information is avaible via the internet at http://www.ecy.wa.gov/programs/tcp/sites/sites information. html or by calling David South at 425-649-7200. July 11, 2007 — Department of Ecology hosted a Public Meeting in the Edmonds City Hall Bracket Meeting Room as part of a continued public outreach effort to inform the public about UNOCAL cleanup activities. A presentation was given by Department of Ecology Site Manager David South which was followed by a brief question and answer session. In addition to the Department of Ecology issuing notices via delivered mail and newspapers, notification of the meeting was also placed on the City's website and Channel 21. VI. EDMONDS PUBLIC FACILITIES DISTRICT Project Description The City Council, pursuant to state law, approved the formation of the Public Facilities District (PFD) at its April 24, 2001 meeting. A PFD is a separate municipal corporation that has authority to undertake the design, construction, operation, promotion and financing of a Regional Center in the city. The Public Facilities District board consists of five members appointed by the City Council on June 19, 2001. Phase 1 renovation of the original Edmonds High School Auditorium into a first class Edmonds Center for the Arts (ECA) and multipurpose facility was completed in September of 2006. Significant Activities Since April 18, 2007 • April, May, June and July, 2007 — The Fundraising Campaign Committee continued its focus on fundraising activities. • May, 2007 — The Washington State legislative Conference Committee Report on the Capital Budget for 2007-09 provides $1M for Edmonds Center for the Arts. Funding will come from a Building for the Arts grant program. The final budget, voted on by the Senate and House, was signed by the Governor. July 16, 2007 — The Edmonds Center for the Arts issued its 2007-2008 season brochure. The 2007-2008 season represents the first full season of programming for Edmonsd Center for the Arts. , VII. SNOHOMISH COUNTY PAINE FIELD Overview On July 14, 2004, a Mead & Hunt Inc. Business Travel Survey was issued which focused on the market potential and options for Paine Field. On August 20, 2004, a Snohomish County Citizen Cabinet issued an Economic Development Final Report - Blueprint for the Economic Future of Snohomish County. Both reports put Paine Field Packet Page 67 of 139 in the regional spotlight as they highlight the possibility of using Paine Field for commercial aircraft operations, thus changing its general aviation status. Significant Activities Since April 18, 2007 • April, 2007 — A Long Term Air Transportation Study (LATS) is underway and the Governor must name a task force in July to recommend by 2009 how to address the state's future air transportation needs. There is one citizen seat on the task force from west of the mountains so an agreed upon candidate from Snohomish County could be considered for this appointment. VIII. RAILROAD QUIET ZONE Overview As discussed on a few occasions, there is an expressed desire of the City Council and Port of Edmonds to establish a quite zone along the City's shoreline. A quiet zone is a section of a rail line that contains one or more consecutive public crossings at which locomotive horns are not routinely sounded. The Federal Railroad Administration (FRA) has required horns to be sounded to warn motorists and pedestrians at public crossings nation-wide for quite some time. The FRA issued a rule on April 27, 2005, which became effective on June 24, 2005, clarifying these requirements as follows: o Requires the sounding of locomotive horn approaching every public crossing (replacing state laws) o Horn shall be sounded at least 15 sec but no more than 20 sec before a locomotive enters railroad crossing and not greater than 1/4 mile away o Sec. 229.129 defines minimum and maximum train horn decibel levels (96dB- 110dB) The FRA rule also provides exceptions where risk is minimized enabling communities to establish quiet zones by reducing the risk caused by lack of horns. Quiet Zones, and partial Quiet Zones, can now be established by a Public Authority with jurisdiction for the roadway at a crossing, provided Quiet Zones include more than one public authority (all agencies must agree and actions must be taken jointly), and Quiet Zones may be established irrespective of state law. Partial Quiet Zones are when train horns are not routinely sounded for a specified period of time, e.g., during the evening and/or nighttime hours. Local governments have two ways of creating a full or partial Quiet Zone, i.e., 1) Show that the lack of a horn does not pose a significant safety risk, and 2) Implement safety measures to reduce excess risk associated with no horn. In addition to activities conducted on this matter in the past, I have recently been in contact with Railroad Controls Limited (RCL), a railroad signal and communications company. This company serves as a resource for railroads needing help with signaling and communications. They have established contractual relationships with more than fifty railroads, including commuter rail systems, and currently maintain over Packet Page 68 of 139 2,100 highway -railroad grade crossings, warning systems and wayside signal systems. Railroad Controls Limited works closely with American Railway Engineering and Maintenance of Way Association (AREMA) and Manual on Uniform Traffic Control Devices (MUTCD) committees in the development of standards and recommended practices pertaining to Quiet Zones. RCL manufactures Automated Horn Systems (Wayside Horns) and the Exit Gate Management Systems (Four -Quadrant Gate Systems) both approved for use in creating FRA approved Quiet Zones. They also have expertise in assisting communities or consultants in the design and implementation of Quiet Zone projects. Significant Activities Since April 18, 2007 • June 26, 2007 — Railroad Controls Limited (RCL) Draft Quiet Zone Evaluation Report received by the City. The draft document is currently being reviewed by various City staff. Once RCL receives comments from the City, they will finalize the report. IX. ITEM OF INTEREST im Packet Page 69 of 139 AM-1100 Point Edwards Public Easements Edmonds City Council Meeting Date: Submitted By: Department: Review Committee: 07/24/2007 Duane Bowman Development Services Action: Approved for Consent Agenda Tnfnrm atinn Subject Title Acceptance of Point Edwards public easements. Time: Type: Recommendation from Mayor and Staff Accept the public easements and authorize the Mayor to sign the easements. Consent Action 2.E. Previous Council Action The City Council, on July 2, 2002, adopted Ordinance 3402 creating the MP -Hillside zones covering the former Unocal property. Later on July 23, 2002, the City Council passed Ordinance 3411 approving the contract rezone covering the upper hillside property, paving the way for the development that is now occurring known as the Point Edwards condominium project. Narrative As part of the approval of the Point Edwards condominium project on the former Unocal property, the applicant was required to to provide easements for public viewpoints and for a detention pond vehicle access. There are two viewpoints on Pine Street and one overlooking the Edmonds marsh. the attached easements comply with the requirements established by the Point Edwards project approval. Fiscal Impact Attachments Link: Exhibit 1 - Pine Street Overlook Esmt Link: Exhibit 2 - Pt Edwards Viewpoint Esmt Link: Exhibit 3 - Pt Edwards Utility Esmt Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Duane Bowman Final Approval Date: 07/16/2007 Form Routing/Status Approved By Date Status Sandy Chase 07/16/2007 10:57 AM APRV Gary Haakenson 07/16/2007 11:21 AM APRV Sandy Chase 07/16/2007 02:04 PM APRV Started On: 07/13/2007 03:08 PM Packet Page 70 of 139 Packet Page 71 of 139 AFTER RECORDING RETURN TO: City of Edmonds ATTN: City Clerk 121 — 5t` Avenue North Edmonds, WA 98020 Grantor: 1) Point Edwards, LLC ❑ Additional on page Grantee: 1) City of Edmonds ❑ Additional on page _ Legal Description Portion of Parcel "B", Edmonds LLA, AF No. (abbreviated): 200202145001 and correction thereto, AF No. 200204291076 ❑ Additional on Exhibit A attached Assessor's Tax Parcel 270326-001-026-00; 010226-061- Nos: 101-00 through 010226-061-306-00; 010226-065-101-00 through 010226- 065-305-00; 010226-071-101-00 through 010226-071-303-00; 010226- 075-101-00 through 010226-075- 305-00; and 010226-051-101-00 through 010226-051-316-00 Ref. Nos. of Documents Released/ or Assigned: None EASEMENT FOR PINE STREET PEDESTRIAN PUBLIC ACCESS (SCENIC OVERLOOKS) THIS EASEMENT FOR PINE STREET PEDESTRIAN PUBLIC ACCESS (S�f:ENIC OVERLOOKS) ("Easement") is entered into as of this day of -jC/V1 e 2007, by and between POINT EDWARDS, LLC, a Washington limited liability company ("Developer"), on behalf of itself and its successors and assigns ("Grantor"), and the CITY OF EDMONDS, WASHINGTON, an optional code municipal corporation ("City"), in trust for the general public ("Grantee"). PtEd.OverlookPublicEasmnt.06.2007 Packet Page 72 of 139 RECITALS A. Developer is constructing a phased multi -family residential condominium project in the City of Edmonds, Snohomish County, Washington known as Point Edwards (the "Project") encompassing certain real property legally described in that certain Condominium Declaration for the Project recorded under Snohomish County Auditor's File No. 200501120102, as amended by Amendment Nos. 1, 2, and 3 thereto, filed, respectively, under Snohomish County Auditor's File Nos. 200510050297, 200512050873, and 200612220694 (as so amended and as it hereafter may be further amended in accordance with its terms, the "Declaration"). B. Developer is entering into this Easement in the exercise of development rights expressly reserved to it as the Declarant under the Declaration. C. City has issued and, subject to compliance with all applicable laws and regulations, will in the future issue, development approvals for the Project, including final approval of a Site Improvement Permit under City Permit No. 2004-0139 (the "Site Improvement Permit"), and various building, construction, occupancy, and other approvals for the Project. D. Site improvements required to be constructed by Developer under the Site Improvement Permit include three (3) scenic overlooks on private property within the Project abutting the northern boundary of the public right-of-way for Pine Street (the "Pine Street Overlooks"). The separate areas occupied by the three Pine Street Overlooks and subject to the rights of public pedestrian access hereby granted are legally described in Exhibit A attached hereto and incorporated herein by this reference, and are shown in Exhibit B attached hereto and incorporated herein by this reference ("Overlook Easement Areas"). The Overlook Easement Areas are referred to in Exhibits A and B as, respectively, Overlook Easement Area "A", Overlook Easement Area "B", and Overlook Easement Area "C". E. The public pedestrian access rights must account for the fact that the Overlook Easement Areas are located entirely on private property in a residential development and are subject to the exercise of reasonable and appropriate controls and use restrictions as specified herein. F. Grantor intends, by this instrument, to allow for public pedestrian access to and use of the Overlook Easement Areas only for observation, viewing, and enjoying the scenic attributes of the surrounding area, without fees of any kind being charged to any public users, subject to all other terms and conditions herein specified, as contemplated under Washington's Recreational Use Statute, RCW 4.24.210, and to receive the protections afforded thereunder, namely freedom from liability for any and all unintentional injuries to such users. PtEd.OverlookPublicEasmnt.06.2007 2 Packet Page 73 of 139 G. The parties desire, by this instrument, to provide for such easements in favor of the general public for pedestrian access to the Overlook Easement Areas for the purposes specified herein and no other purposes or uses, and to set forth other agreements and covenants pertaining thereto, all subject to and in accordance with the following terms and conditions. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: AGREEMENTS 1. Grant of Public Pedestrian Access Easement. For valuable consideration, Developer, in the exercise of rights reserved under Declaration Section 24.5, hereby grants and conveys to Grantee, effective upon Grantee's issuance of final, non -conditional approval of the Site Improvement Permit and recordation of this instrument, a perpetual, irrevocable, non-exclusive easement over and upon the surface of the Pine Street Overlooks within the Overlook Easement Areas, for pedestrian access only by the general public from the abutting Pine Street right-of-way, for observation, viewing, and enjoyment of the scenic vistas, and for no other use or purpose. Grantee acknowledges and agrees that the Overlook Easement Areas and the Pine Street Overlooks are owned by, and shall remain the private property of, Grantor, subject only to the rights expressly herein granted. Grantor may install visible but discrete signage in locations in or upon the Overlook Easement Areas, and of size, style, and content acceptable to Grantor (subject to Grantee's sign regulations, as applicable) informing members of the public that they may enter upon the Overlook Easement Areas, at their own liability and risk, for the purposes specified herein including any warnings, cautions, or disclaimers deemed appropriate by Grantor ("Public Signage"). Any Public Signage may make reference to the Recreational Use Statute, RCW 4.24.210, as it may be amended. City and Grantee shall not be allowed to place, install, erect or construct any signs, fencing, structures, or other improvements anywhere within or upon the Overlook Easement Areas, or elsewhere upon Grantor's Property, pertaining to the Overlook Easement Areas. Grantee further acknowledges that this grant creates a limited pedestrian right of access only and does not constitute a dedication of the Pine Street Overlooks or the Overlook Easement Areas in whole or part for public ownership or any other purpose or use. 2. Maintenance: Indemnification. Subject to the provisions of Paragraph 3 below, Grantor shall be solely responsible for all maintenance, repair, restoration, replacement, and reconstruction of the Pine Street Overlooks from time to time, at Grantor's sole cost, and releases, indemnifies, and holds City harmless therefrom. Grantor shall have the right to seek recovery from the responsible party or parties for any cost, damage, loss, or injury attributable to the negligent or intentional misuse of the Pine Street Overlooks or any other violation of the terms and condition of this Easement. PtEd.OvertookPublicEasmnt.062007 3 Packet Page 74 of 139 3, Reserved Rights; Enforcement. Grantor reserves all rights of ownership of, access to, and use of, the Pine Street Overlooks and the Overlook Easement Areas ("Private Use"), including, without limitation, access to and use thereof by owners and occupants of units in the Project, their guests and invitees, not inconsistent with the public pedestrian access rights herein granted. Grantor may post "Private Property", "No Trespass" or "No Public Access/Entry", or similar signs to prevent the public from unauthorized entry upon any portions of Grantor's Property other than the Pine Street Overlooks within the Overlook Easement Areas. Should the use of the Pine Street Overlooks under this Easement, in Grantor's reasonable determination, pose security, safety, privacy or similar issues adversely affecting the Project or its residents, occupants or guests, Grantor shall bring such issues to City's attention and appropriate steps will be taken by Grantor and City to address and resolve them in a mutually acceptable manner, and this Easement shall be amended accordingly. Nothing in this Easement is intended, or shall be deemed, to modify or amend any provisions of the Declaration, or to expand or, except as expressly herein provided, to limit the rights, authority, or responsibilities of Developer as Dcclarant or of the Point Edwards Owners Association ("Association") thereunder. Any modification or amendment of the Declaration occurring after the effective date of this Easement shall be subject to all terms and conditions hereof 4. Limitation of Liability and Users' Assumption of Risk. By the reservation of rights and interests and the allocation of responsibilities hereunder, or the exercise or non -exercise of such reserved rights, interests, and/or responsibilities in any instance, or by any other actions taken by Grantor or by City as herein contemplated, neither Grantor nor City assumes or undertakes any liability or duty of care to members of the general public who may obtain access to any of the Overlook Easement Areas, beyond the duty that may be found to exist as a matter of public policy under applicable Washington law.. To the fullest extent allowed by law, including, without limitation, the Recreational Use Statute, RCW 4.24.210, as it may be amended, Grantor and City expressly disclaim any such liability or duty to members of the general public and such persons assume all risk and liability associated with their entry upon, access over, and use of the Overlook Easement Areas hereunder. 5. Term. This Easement and all rights granted herein shall remain in full force and effect in perpetuity, unless terminated and abandoned by City in accordance with the statutory and ordinance procedures applicable to the termination, vacation, or abandonment of a public easement, which shall, at a minimum, include 60 days' prior written notice to Grantor, in which event City shall execute and record a written instrument confirming such termination, vacation, and/or abandonment. 6. Exercise of Rights. 6.1. By City. City receives and holds the public pedestrian access rights granted herein in trust for the general public, and all of Grantee's enforcement rights and remedies hereunder shall be vested solely and exclusively in City and exercised only by PiEd.OverlookPublicEasmnt.06.1007 4 Packet Page 75 of 139 City, in the public interest. No member of the general public or other person or entity, has or may exercise any enforcement rights or remedies hereunder on behalf of Grantee. 6.2. By Grantor. Exercise and enforcement of all rights reserved by Grantor hereunder shall be vested solely and exclusively in Developer as Declarant under the Declaration until the Transition Date as therein defined, and then in the Association, on behalf of the owners of units in the Condominiums as successors in interest to such rights, in accordance with and subject to the terms and conditions of the Declaration. 7. Recordation. Upon mutual execution, Grantee shall cause this instrument to be recorded in the official Snohomish County, Washington real property records. 8. Attorneys' Fees. In the event of any default by a party hereunder, the defaulting party shall pay the non -defaulting party's costs and reasonable attorneys' fees, whether suit is instituted or not, and such costs shall include any and all court costs and filing fees, including costs on appeal from any judgment. 9. Grantor. For all purposes of this Easement, but subject to Section 6.2 above, "Grantor" shall include, but not be limited to, the Association and its members, pursuant to the Declaration, all of whom, together with Developer, are bound by all terms and conditions hereof as covenants running with the land. 10. Miscellaneous. This Easement constitutes the complete agreement between the parties with respect to the subject matter hereof, and may not be amended except in writing signed by the parties hereto with the formalities hereof. The provisions of this instrument shall be interpreted and enforced in accordance with the laws and judicial decisions of the State of Washington. IN WITNESS WHEREOF, the parties have executed this Pedestrian Public Access Easement as of the date first written above. POINT EDWARDS, LLC, a Washington limited liability company B - • rederick W. Grimm, Its Manager CITY OF EDMONDS, a Washington municipal corporation IM Gary Haakenson, Its Mayor PtEd.OverlookPublicEasmnt.06.2007 5 Packet Page 76 of 139 ACKNOWLEDGMENTS STATE OF WASHINGTON ) ss. COUNTY OF ) On this day appeared before me Frederick W. Grimm, the Manager of POINT EDWARDS, LLC, a Washington limited liability company, and stated that he is authorized to execute this instrument on behalf of said limited liability company for uses and purposes herein mentioned. %� Ied �y � 2� , 2007. 9p, T 'a 1t �'ra544�.'t� NOTARY PUBLIC in and for the State of Washington Printed Name ted N_T �42f�-T.. 3-7 �Gc -Pi J� j A��LG Residing at (-y n � w �o a,,r0. � 01 p,��© My appointment expires // /r11 l Q1PWAS ' , +. STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day appeared before me Gary Haakenson, the Mayor of THE CITY OF EDMONDS, a Washington municipal corporation, and stated that he is authorized to execute this instrument on behalf of said municipal corporation for uses and purposes herein mentioned. Dated 52007. NOTARY PUBLIC in and for the State of Washington Printed Name Residing at My appointment expires PtEd.OverlookPublacEasmnt.06.2007 G Packet Page 77 of 139 EXHIBIT "A" POINT EDWARDS PINE STREET OVERLOOK AREA EASEMENTS PAGE I OF 3 LEGAL DESCRIPTION OF OVERLOOK EASEMENT "A"; COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF GOVERNMENT LOT I IN SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON; THENCE N 88°5I' l 6"W, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 83.94 FEET; THENCE N 01 008' 14"E 132.64 FEET TO THE NORTHERLY MARGIN OF PINE STREET AND THE TRUE POINT OF BEGINNING, BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 47.81 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 79037'27'E; THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 96030'24", AN ARC DISTANCE OF 80.54 FEET; THENCE S 03045'06"W, ON A RADIAL LINE, A DISTANCE OF 9.97 FEET TO POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 37.85 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 03°45'06"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 26.40' 15, AN ARC DISTANCE OF 17.62 FEET TO THE NORTHERLY MARGIN OF PINE STREET; THENCE S 54051'46"E, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 75.54 FEET TO THE POINT OF BEGINNING. CONTAINING 1504 SQUARE FEET, MORE OR LESS. Packet Page 78 of 139 EXHIBIT "A" POINT EDWARDS PINE STREET OVERLOOK AREA EASEMENTS LEGAL DESCRIPTION OF OVERLOOK EASEMENT "B"; PAGE 2 OF 3 COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON; THENCE N 88051'46"W, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 302.08 FEET; THENCE N 01 °08' 14"E 272.38 FEET TO THE NORTHERLY MARGIN OF PINE STREET AND THE TRUE POINT OF BEGINNING, BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 49.23 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 80°04'36"E; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°29'07', AN ARC DISTANCE OF 23.62 FEET; THENCE N 52°35'29"E, ON A RADIAL LINE, A DISTANCE OF 10.1 1 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 59.34 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 52°55'29"E; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 51°09'43", AN ARC DISTANCE OF 52.99 FEET; THENCE S 01 025'46"W, ON A RADIAL LINE, A DISTANCE OF 9.94 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 49.40 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 01025'46"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19042' 16", AN ARC DISTANCE OF 16.99 FEET; THENCE S 180I6'30"E, ON A RADIAL LINE, A DISTANCE OF 9.95 FEET; THENCE S 70024'42"W 1.81 FEET TO THE NORTHERLY MARGIN OF PINE STREET; THENCE SOUTHEASTERLY, ALONG SAID NORTHERLY MARGIN, TO THE POINT OF BEGINNING. CONTAINING 1636 SQUARE FEET, MORE OR LESS. Packet Page 79 of 139 EXHIBIT "A" POINT EDWARDS PINE STREET OVERLOOK AREA EASEMENTS LEGAL DESCRIPTION OF OVERLOOK EASEMENT "C"• PAGE 3 OF 3 COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF GOVERNMENT LOT I IN SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON; THENCE N 88051'46"W, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT I, A DISTANCE OF 545.27 FEET; THENCE N 01 008' 14"E 284.15 FEET TO THE NORTHERLY MARGIN OF PINE STREET AND THE TRUE POINT OF BEGINNING, BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 41.13 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 25043'46"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 89°08' 19", AN ARC DISTANCE OF 63.98 FEET; THENCE S 65041'58"E, ON A RADIAL BEARING, A DISTANCE OF 10.08 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 31.05 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 65°41'58"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 20000'34", AN ARC DISTANCE OF 10.84 FEET TO THE NORTHERLY MARGIN OF PINE STREET; THENCE NORTHEASTERLY, ALONG SAID NORTHERLY MARGIN, TO THE POINT OF BEGINNING. CONTAINING 799 SQUARE FEET, MORE OR LESS. ALL SITUATE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF W A S HINGTON. FILE: K:OWG1200312035710VERLOOK ESMT.doc Packet Page 80 of 139 EXHIBIT "B" POINT EDWARDS PUBLIC OVERLOOK EASEMENTS N.T.S. NOOTKA HANSEN SURVEYING LAND SURVEYORS k CONSULTANTS 17420 116TH AyL 9.t, RENTON. VA $8068 TKU 426-2W-5440 EAX 425-235-02H Packet Page 81 of 139 AFTER RECORDING RETURN TO: City of Edmonds ATTN: City Clerk 121 — 5th Avenue North Edmonds, WA 98020 Grantor: 1) Point Edwards, LLC ❑ Additional on page Grantee: 1) City of Edmonds ❑ Additional on page Legal Description Portion of Parcel "B", Edmonds LLA, AF No. (abbreviated): 200202145001 and correction thereto, AF No. 200204291076 ❑Additional on Exhibit A attached Assessor's Tax Parcel 270326-001-026-00; 010226-061- Nos: 101-00 through 010226-061-306-00; 010226-065-101-00 through 010226- 065-305-00; 010226-071-101-00 through 010226-071-303-00; 010226- 075-101-00 through 010226-075- 305700; and 0 10226-05 1 -10 1 -00 through 010226-051-316-00 Ref. Nos. of Documents Released/ or None Assigned: PUBLIC FOOTPATHIVIEWPOINT EASEMENT AND AGREEMENT THIS PUBLIC FOOTPATHNIEWPOINT EASEMENT AND AGREEMENT ("Easement") is entered into as of this 201 day of J't/PiF- 2007, by and between POINT EDWARDS, LLC, a Washington limited liability company ("Developer"), on behalf of itself and its successors and assigns ("Grantor"), and the CITY OF EDMONDS, WASHINGTON, an optional code municipal corporation ("City"), in trust for the general public ("Grantee"). PtEd.Rpath-VwpointPublicEasmnt.06.2007 Packet Page 82 of 139 RECITALS A. Developer is constructing a phased multi -family residential condominium project in the City of Edmonds, Snohomish County, Washington known as Point Edwards (the "Project") encompassing certain real property legally described in that certain Condominium Declaration for the Project recorded under Snohomish County Auditor's File No. 200501120102, as amended by Amendment Nos. 1, 2, and 3 thereto, filed, respectively, under Snohomish County Auditor's File Nos. 200510050297, 200512050873, and 200612220694 (as so amended and as it hereafter may be further amended in accordance with its terms, the "Declaration"). B. Developer is entering into this Easement in the exercise of development rights expressly reserved to it as the Declarant under the Declaration. C. City has issued and, subject to compliance with all applicable requirements and regulations, will in the future issue; development approvals for the Project, including a Mitigated Determination of Non -Significance dated May 9, 2003 ("Mitigated DNS"), final approval of a Site Improvement Permit under City Permit No. 2004-0139 (the "Site Improvement Permit"), and various building, construction, occupancy, and other approvals for the Project. D. Mitigating Measure No. 4 in the Mitigated DNS and the conditions of the Site Improvement Permit require Developer to establish the right of the general public to use a footpath and viewpoint ("Improvements") being constructed by Developer as part of the Project within that portion of the Project legally described in Exhibit A attached hereto and incorporated herein by this reference and shown on Exhibit B attached hereto and incorporated herein by this reference (as described and shown, the "Easement Area'), and to provide for the potential future connection of the Easement Area to the contemplated Edmonds Crossing multi -modal project on adjoining real property to the north of the Project, to allow for possible continuation of the footpath for pedestrian public access to the shoreline ("Edmonds Crossing Connection"). E. The granting of these rights must account for the fact that the Easement Area is located entirely on private property in a residential development and is subject to the exercise of reasonable and appropriate controls and use restrictions as specified in the Declaration and herein. F. Developer/Grantor intends, by this instrument, to allow for public use of the Easement Area and the Improvements only for walking, observation, viewing and enjoying the scenic attributes of the surrounding area, without fees of any kind being charged to any public users, subject to all other terms and conditions herein specified, as contemplated under Washington's Recreational Use Statute, RCW 4.24.210, and to PtEdYtpath-VwpointPubiicEasmnt.06.2007 2 Packet Page 83 of 139 receive the protections afforded under said Statute, namely freedom from liability for any and all unintentional injuries to such users. G. The parties desire, by this instrument, to provide for such easement in favor of the general public for pedestrian access to and over the Improvements within the Easement Area, for the purposes specified herein and no other purposes or uses, to provide for the Edmonds Crossing Connection, to provide for termination of the easement and associated rights herein granted on certain conditions, including Developer's withdrawal from the Condominium of all or a portion of the Withdrawable Land (described as the "Future Right of Way" in Schedule D attached to and forming a part of the Declaration), and to set forth other agreements and covenants pertaining thereto, all subject to and in accordance with the following terms and conditions. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: AGREEMENTS 1. Grant of Easement. For valuable consideration, Developer, in the exercise of rights reserved under Declaration Section 24.5, hereby grants and conveys to Grantee, effective upon Grantee's issuance of final, non -conditional approval of the Site Improvement Permit and recordation of this instrument, a perpetual, irrevocable, non- exclusive easement over and upon the Improvements within the Easement Area, for pedestrian access only by the general public for walking, observation, viewing, and enjoyment of the scenic vistas, and for no other use or purpose. Grantee acknowledges and agrees that the Easement Area and the Improvements are owned by, and shall remain the private property of, the owners of units in the Condominium, subject only to the rights expressly herein granted. Grantor may install visible but discrete signage in locations at the entrance to, and in, along, upon, or beside the Easement Area, of size, style, and content acceptable to Grantor (subject to Grantee's sign regulations, as applicable), informing members of the public that they may enter upon the Easement Area, at their own liability and risk, for the purposes specified herein and including any warnings, cautions, or disclaimers deemed appropriate by Grantor ("Public Signage"). Any Public Signage may make reference to the Recreational Use Statute, RCW 4.24.210, as it may be amended, and to the limitation of liability and assumption of risk provisions set forth in this instrument. Neither City nor Grantee shall be allowed to place, install, erect or construct any signs, fencing, structures, or other improvements anywhere within or upon the Easement Area, or elsewhere upon property that is part of the Project, pertaining to the Easement Area or public use thereof. Grantee further acknowledges that this grant creates a limited pedestrian right of access only and does not constitute a dedication of the Improvements or the Easement Area, in whole or part, for public ownership or any other purpose or use. 2. Maintenance; Indemnification. Subject to the provisions of Paragraph 3 below, Grantor shall be solely responsible for all maintenance, repair, restoration, PtEd.Ftpath- vwpointPubl icEasmnt.06.2007 Packet Page 84 of 139 replacement, and reconstruction of the Improvements from time to time, at Grantor's sole cost, and releases, indemnifies, and holds City harmless therefrom. Grantor shall have the right to seek recovery from the responsible party or parties for any cost, damage, loss, or injury attributable to the negligent or intentional misuse of the Improvements or any other violation of the terms and conditions of this Easement. Should the public pedestrian use of the Easement Area and/or Improvements, in Grantor's reasonable determination, pose security, safety, or privacy issues adversely affecting the Project or its residents and occupants, Grantor shall bring such issues to City's attention and appropriate steps will be taken by Grantor and City to address and resolve them in a mutually acceptable manner, and will amend this Easement accordingly. 3. Reserved Rights. Grantor reserves all rights of ownership and control of, access to, and use of, the Improvements and the Easement Area ("Private Use"), including, without limitation, access to and use thereof by owners and occupants of units in the Project, their guests and invitees, not inconsistent with the public pedestrian access rights herein granted. Grantor may post "Private Property", "No Trespass", "No Public Access/Entry", or similar signs to prevent the public from unauthorized entry upon portions of the Project other than the Improvements within the Easement Area. Should the use of the Improvements under this Easement, in Grantor's reasonable determination, pose security, safety, privacy or similar issues adversely affecting the Project or its residents, occupants or guests, Grantor shall bring such issues to City's attention and appropriate steps will be taken by Grantor and City to address and resolve them in a mutually acceptable manner, and this Easement shall be amended accordingly. Nothing in this Easement is intended, or shall be deemed, to modify or amend any provisions of the Declaration, or to expand or, except as expressly herein provided, to limit the rights, authority, or responsibilities of Developer as Declarant or of the Point Edwards Owners Association ("Association") thereunder. Any modification or amendment of the Declaration occurring after the effective date of this Easement shall be subject to all terms and conditions hereof. 4. Limitation of Liability and Users' Assumption of Risk. By the reservation of rights and interests and the allocation of responsibilities hereunder, or the exercise or non -exercise of such reserved rights, interests, and/or responsibilities in any instance, or by any other actions taken by Grantor or by City as herein contemplated, neither Grantor nor City assumes or undertakes any liability or duty of care to members of the general public who may obtain access to the Easement Area, beyond the duty that may be found to exist as a matter of public policy under applicable Washington law. To the fullest extent allowed by law, including, without limitation, the Recreational Use Statute, RCW 4.24.210, as it may be amended, Grantor and City expressly disclaim any such liability or duty to Grantee/members of the general public and such persons assume all risk and liability associated with their entry upon, access over, and use of the Improvements and the Easement Area hereunder. 5. Termination. This Easement and all rights granted herein shall remain in full force and effect in perpetuity, unless terminated in a manner expressly allowed PtEd.Ftpath-VwpointPublieEasmnt.06.2007 4 Packet Page 85 of 139 hereunder. The City may terminate and abandon this Easement at any time, in its election, in accordance with the statutory and ordinance procedures applicable to the termination, vacation, or abandonment of a public easement, which shall, at a minimum, include at least 60 days' prior written notice to Grantor, in which event City shall execute and record a written instrument confirming such termination, vacation, and/or abandonment. This Easement shall terminate automatically and in its entirety, and all rights and interests of Grantee and/or City created hereunder shall expire, upon Developer's withdrawal from the Condominium of all or a portion of the Withdrawable Land, as defined in the Declaration and in the manner allowed thereunder, unless Developer, in its sole and absolute discretion, expressly waives such termination and records a continuance of this Easement. Upon any such automatic termination, Developer and City shall execute and record a written instrument confirming termination of this Easement. Upon any valid termination of this Easement, all obligations of Grantor or Developer, and all rights, entitlements, and interests of Grantee (if any) and of City, relating to the Edmonds Crossing Connection, also will terminate and be of no further force or effect. 6. Exercise of Rights. 6.1. By City. City receives and holds the pedestrian access rights granted herein in trust for the general public, and all of Grantee's enforcement rights and remedies hereunder shall be vested solely and exclusively in City and exercised only by City, in the public interest. No member of the general public or other person or entity, has or may exercise any enforcement rights or remedies hereunder on behalf of Grantee. 6.2. By Grantor. Exercise and enforcement of all rights reserved by Grantor hereunder shall be vested solely and exclusively in Developer as Declarant under the Declaration until the Transition Date as therein defined, and then in the Association, on behalf of the owners of units in the Condominium as successors in interest to such rights, in accordance with and subject to the terms and conditions of the Declaration. 7. Edmonds Crossing Connection. Upon City's written request made no later than July 31, 2012 ("Termination Date"), unless this Easement previously has been terminated in accordance with the provisions of Section 5, subject to the terms and conditions hereof, Grantor and City, by mutual agreement, in good faith, with the advice, input, and approval of the Washington State Department of Transportation ("WSDOT"), to the extent of its jurisdictional authority, shall: (a) jointly select an undeveloped area within that portion of the Project lying north of the northerly margin of the Pine Street Right -of -Way to extend the Easement Area to the boundary of the abutting real property to the north of the Project for the Edmonds Crossing Connection, and (b) establish, by easement, covenant, dedication or other mutually acceptable method, City's right to provide for public pedestrian access via the Edmonds Crossing Connection at City's sole cost and liability, including City's right to construct or install and subsequently maintain, repair, and replace, improvements for such purposes. City shall exercise its rights with PtEd.Ftpath-VwpointPublicEasmnt.06.2007 Packet Page 86 of 139 respect to the Edmonds Crossing Connection so as to minimize disruption or damage to the Project and existing or planned improvements in connection therewith, and shall promptly restore any such damage to Developer's satisfaction, at City's expense. No improvements may be constructed as part of the Edmonds Crossing Connection that obstruct or interfere with views from condominium units or other improvements constructed or to be constructed as part of the Project. Additionally, no improvements may be constructed as part of the Edmonds Crossing multi -modal project or the Edmonds Crossing Connection unless authorized by WSDOT, to the extent such authorization is required. It shall be the City's sole responsibility to work with WSDOT as may be needed to obtain such authorization, subject to all terms and conditions hereof, but Grantor will cooperate in this effort at no cost or liability to Grantor. The City's rights under this Section 7 shall expire and be of no further force or effect unless exercised in the time and manner specified, and any and all rights or entitlements under or with respect to the Edmonds Crossing Connection shall terminate and be of no further force or effect unless City has commenced site -specific planning for the Edmonds Crossing Project on or before July 31, 2012. If the City has met the requirements of this Section for the identification and establishment of the location of the Edmonds Crossing Connection, but all necessary approvals for the construction and completion of the Edmonds Crossing Connection have not been obtained and the construction thereof not commenced on or before December 31, 2012, City's rights under this Section 7 shall terminate and be of no further force or effect, Grantor's duty to allow or provide for the Edmonds Crossing Connection shall expire, and the parties shall execute and record such documentation as may be necessary to confirm the same as a matter of public record. This Easement does not, nor shall it be interpreted to, confer third -party -beneficiary status on WSDOT or any other person or entity not a party hereto, and no such person or entity shall have any enforceable right, title or interest by virtue of or under this instrument. 8. Recordation. Upon mutual execution, Grantee shall cause this instrument to be recorded in the official Snohomish County, Washington real property records. 9. Attorneys' Fees. In the event of any default by a party hereunder, the defaulting party shall pay the non -defaulting party's costs and reasonable attorneys' fees, whether suit is instituted or not, and such costs shall include any and all court costs and filing fees, including costs on appeal from any judgment. 10. Grantor. For all purposes of this Easement, but subject to Section 6.2 above, "Grantor" shall include, but not be limited to, the Association and its members, pursuant to the Declaration, all of whom, together with Developer, are bound by all terms and conditions hereof as covenants running with the land. 11. Miscellaneous. This Easement constitutes the complete agreement between the parties with respect to the subject matter hereof, and may not be amended except in writing signed by the parties hereto with the formalities hereof. The provisions PtEd.Ftpath-VwpointPublicEasmnt.06.2007 6 Packet Page 87 of 139 of this instrument shall be interpreted and enforced in accordance with the laws and judicial decisions of the State of Washington IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. POINT EDWARDS, LLC, a Washington limited liability company By Frederick W. Grimm, Its Manager CITY OF EDMONDS, a Washington municipal corporation Gary Haakenson, Its Mayor [Acknowledgements appear on following page] PtFd.Ftpath-VwpointPublicEasmnt.06.2007 7 Packet Page 88 of 139 ACKNOWLEDGMENTS STATE OF WASHINGTON ) ss. COUNTY OF N S ) On this day appeared before me Frederick W. Grimm, the Manager of POINT EDWARDS, LLC, a Washington limited liability company, and stated that he is authorized to execute this instrument on behalf of said limited liability company for uses and purposes herein mentioned. Dated -Sy N-Q- Z,0 ,2007. r u'��ft.v _o w STATE OF WASHINGTON COUNTY OF SNOHOMISH C� J NOTARY PUBLIC in and for the State of Washington Printed Name F/ tre>4 T C�fa�)lcy Residing at (-Q rl r\_ta UO) My appointment expires 10 - 0-1-- On this day appeared before me Gary Haakenson, the Mayor of THE CITY OF EDMONDS, a Washington municipal corporation, and stated that he is authorized to execute this instrument on behalf of said municipal corporation for uses and purposes herein mentioned. Dated PtEd.Ftpath-VwpointPublicEasmnt.06.2007 2007. NOTARY PUBLIC in and for the State of Washington Printed Name Residing at My appointment expires 0 Packet Page 89 of 139 EXHIBIT "A" POINT EDWARDS PUBLIC FOOTPATH & OVERLOOK EASEMENT— ON -SITE Page t of 3 LEGAL DESCRIPTION OF PUBLIC TRAIL EASEMENT AREA; AN EASEMENT 4 FEET IN WIDTH LYING 2 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL `B" OF THE CITY OF EDMONDS LOT LINE ADJUSTMENT, AS RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200202145001, AND CORRECTION THERETO RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200204291076, RECORDS OF SNOHONIISH COUNTY, WASHINGTON; THENCE N 88051'46"W, ALONG THE SOUTH LINE OF SAID PARCEL "B", A DISTANCE OF 36.52 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE N 00054'36"E 18.80 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 12.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33059'09", AN ARC DISTANCE OF T 12 FEET; THENCE N 33004'33"W 41.72 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27.01' 11", AN ARC DISTANCE OF 9.43 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 81.38 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15015'54", AN ARC DISTANCE OF 21.68 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 42.00 FEET; THENCE ALLONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°35'58", AN ARC DISTANCE OF 19.50 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 1599.41 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00-45-14", AN ARC DISTANCE OF 21.04 FEET TO A POINT OF CONTUND CURVE TO THE LEFT, HAVING A RADIUS OF 42.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 73°06'02", AN ARC DISTANCE OF 53.59 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 156.95 FEET; THENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 38°14'35", AN ARC DISTANCE OF 104.76 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 42.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22030'05", AN ARC DISTANCE OF 16.49 FEET; THENCE N 52050'04"W 17.82 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 92.50 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14-32-2V, AN ARC DISTANCE OF 23.47 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 128.96 FEET; Packet Page 90 of 139 EXHIBIT "A" POINT EDWARDS PUBLIC FOOTPATH & OVERLOOK EASEMENT -- ON -SITE Page 2 of 3 LEGAL DESCRIPTION OF PKELIC TRAIL, EASEMENT ARXA (COND THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32"28'41", AN ARC DISTANCE OF 73.10 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 106.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°45'27", AN ARC DISTANCE OF 68,00 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 99.67 FEET, THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°55'27", AN ARC DISTANCE OF 64.23 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 189.50 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 34°03'03", AN ARC DISTANCE OF 112.62 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 106.62 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 42-20-01", AN ARC DISTANCE OF 78,78 FEET TO A POINT OF COMPOUND CURVE TO THE RIGHT, HAVING A RADIUS OF 12.00 FEET, THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33053'35", AN ARC DISTANCE OF 7.I0 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 24.17 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 94-06-33", AN ARC DISTANCE OF 39.70 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 26,57 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 69059'42", AN ARC DISTANCE OF 32.46 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 23.54 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 82-30-48", AN ARC DISTANCE OF 33.90 FEET TO A POINT OF REVERSE CURVE TO TH RIGHT, HAVING A RAIDUS OF 24.62 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 73006'40", AN ARC DISTANCE OF 31.42 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 26.01 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65°06'09", AN ARC DISTANCE OF 29.55 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 18.11 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 97°33'08", AN ARC DISTANCE OF 30.83 FEET; THENCE N 06022'49"E 23.00 FEET; THENCE N 24027'20"E 7.65 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT A"; THENCE CONTINUING AS AN EASEMENT 16.00 FEET IN WITH, LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID "POINT A"; THENCE S 65038'33"E 14.05 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE; 2 Packet Page 91 of 139 EXHIBIT "A" POINT EDWARDS PUBLIC FOOTPATH & OVERLOOK EASEMENT - ON -SITE Page 3 of 3 LEGAL DESCRIPTION OF PUBLIC TRAIL EASEMENT AREA CONTINUED ALSO, AN EASEMENT I6.00 FEET IN WIDTH, LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGWNING AT SAID "POINT A"; THENCE N 65038'33"W 2.00 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE. ALL SITUATE IN THE CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF WASFUNGTON, AND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. K:OWG120031203571TRAIL ESMT.WPS 3 Packet Page 92 of 139 Noom 1 i EXHIBIT "B" POINT EDWARDS FOOTPATH & OVERLOOK EASEMENT I N COW. LOT NW 1/4, NE 1/4 N.T.S O� r� y��1 QO �07At P HANSEN SURVEYING `GE LAND SURVEYORS & CONSULTANTS 17420 116TH AVE 3.C, RKNTON, TA 980M Q TEL' 425-235-8"0 FAX 426-236-0268 Packet Page 93 of 139 Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 95020 UTILITY ACCESS EASEMENT Assessor's Property Tax Parcel Nos.: 270326-001-026-00; 010226-061 -10 1 -00 through 010226-061-306-00; 010226-065-101-00 through 010226-065-305-00; 010226-071-101-00 through 010226-071-303-00; 010226-075- 101-00 through 010226-075-305-00; and 010226-051-101-00 through 010226-051-316-00 Parcel Legal Description: Ptn Parcel B, City of Edmonds BLA Rec. No. 200202145001 Corrected by Rec. No. 200204291076 (See Exhibit A) IN CONSIDERATION of benefits to accrue to the grantor herein, the undersigned, Point Edwards Owners Association, a Washington nonprofit corporation, its successors or assigns, hereby grants to the CITY OF EDMONDS, a Municipal Corporation ("grantee"), a permanent, non-exclusive utility access easement for the purpose of conducting periodic inspections of the existing private storm drainage and detention system, as part of the utility service facilities for the Point Edwards Condominiums, across, through, and below the following described property with the rights of access to the easement at any reasonable time for the stated purpose. The utility access easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described as follows: See attached pond access easement legal description —Exhibit A, and attached pond access easement drawing —Exhibit B The grantor, its successors or assigns, shall not construct any permanent structure over, upon, or within the permanent easement, except such improvements as may be allowed under that certain Public FootpadvViewpoint Easement and Agreement between Point Edwards, LLC and grantee dated -Z4e 2007, recorded under Snohomish County Auditor's Recording No. , and retains all rights of access upon and use of the easement area not inconsistent with grantee's use rights hereunder. Grantee City of Edmonds shall be responsible for any damage or injury to persons or property attributable to its use of the herein described easement, shall fully restore, at its cost, any such damage or injury, and shall indemnify and hold harmless grantor, it members, successors and assigns, against the same and all associated costs and expenses, including but not limited to attorney's fees and court costs. DATED THIS 2 ! Q - DAY OF LP40k:�— 2007. POINT EDWARDDS'OW'NIERS ASSOCIATION By6W✓ W , Its MOW& [Acknowledgement appears on following page 2] HAMy DocumentsTtEdwards.CityoO`!dmondsUtilityAccmEasmnt.02.2007.doc Page 1 Packet Page 94 of 139 STATE OF WASHINGTON ) ti �> ) ss COUNTY OF On this�peared before me Ea'�NlrI ,I the of POINT EDWARDS OWNERS ASSOCIATION, a Washington nonprofit corporation, dnd stated that _ is authorized to execute this instrument on behalf of said corporation for the uses and purposes herein mentioned. UNDER MY HAND AND OFFICIAi, SEAL at My Commission expires HAMy DocumentsU'tEdwards.CityofEdmondsUtilityAccessEasmnt.02.2007.doc 2007 Page 2 Packet Page 95 of 139 EXHIBIT "A" POINT EDWARDS POND ACCESS EASEMENT - ON -SITE Page l of 3 LEGAL DESCRIPTION OF POND ACCESS EASEMENT AREA,• THOSE PORTIONS OF PARCEL `B" OF THE CITY OF EDMONDS LOT LINE ADJUSTMENT RECORDED UNDER SNOHOMISH COUNTY RECORDING NO.200202145001, AND CORRECTION THERETO RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200204291076, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLOWS: AN EASEMENT 15 FEET IN WIDTH, LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "B" OF THE CITY OF EDMONDS LOT LINE ADJUSTMENT RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 200202145001, AND CORRECTION THERETO RECORDED UNDER SNOHOMISH COUNTY RECORDING NO.200204291076, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE N 88-51'46"W, ALONG THE SOUTH LINE OF SAID PARCEL "B", A DISTANCE OF 31.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE N 01 °08' 14"E 23.97 FEET; THENCE N 34018'58"W 43.72 FEET; THENCE N 20000'00"W 31.83 FEET; THENCE N 09053'39"W 54.73 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 32.50 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4000P07", AN ARC DISTANCE OF 22.70 FEET; THENCE N 49054'46„W 224.73 FEET; THENCE N 52010'22"W 318.45 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 142.50 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03018'53", AN ARC DISTANCE OF 8.24 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT A"; THENCE CONTINUING ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 24025'49", AN ARC DISTANCE OF 60.76 FEET; THENCE N 79055'04"W 135.24 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A. RADIUS OF 32.50 FEET; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 78057'31", AN ARC DISTANCE OF 44.79 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 32.50 FEET; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 64047'01", AN ARC DISTANCE OF 36.75 FEET; THENCE S 85054'25"W 16.62 FEET TO A POINT ON A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 40.00 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 36°09'18"E; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 138'01'56", AN ARC DISTANCE OF 96.36 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44°17'14", AN ARC DISTANCE OF 30.92 FEET; _I_ Packet Page 96 of 139 Page 2 of 3 THENCE S 32024'37"W 11.65 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE; ALSO AN EASEMENT 15 FEET IN WIDTH, LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: BEGINNING AT SAID "POINT A", BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 92.00 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 75°04'47"E; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3900VI7", AN ARC DISTANCE OF 62.66 FEET; THENCE N 53056'30"W 44.49 FEET; THENCE N 62058'57"W 54.26 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35-01'28", AN ARC DISTANCE OF 42.79 FEET; THENCE N 27057'19"W 20.62 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°38'09", AN ARC DISTANCE OF 48.42 FEET; THENCE N 67035'28"W 18.56 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 56.46 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°37'51 AN ARC DISTANCE OF 13.43 FEET; THENCE N 53057'37"W 4.39 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 35.19 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°26'03", AN ARC DISTANCE OF 22.38 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°16'48", AN ARC DISTANCE OF 43.57 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 32.50 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 61 °26'00", AN ARC DISTANCE OF 34.85 FEET; THENCE S 54027'07"W 1.12 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 37°16'44", AN ARC DISTANCE OF 26.03 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 101.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°55'08", AN ARC DISTANCE OF 4393 FEET TO A POINT OF REVERSE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET; Packet Page 97 of 139 EXHIBIT "A" POINT EDWARDS POND ACCESS EASEMENT - ON -SITE Page 3 of 3 THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28-22,59", AN ARC DISTANCE OF 47.06 FEET TO A POINT OF REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 448.00 FEET; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°12'46", AN ARC DISTANCE OF 126.77 FEET; THENCE, ON A NON -TANGENT BEARING, S 59°44'42" W 21.78 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT B", AND THE TERMINUS OF SAID EASEMENT CENTERLINE; ALSO AN EASEMENT DESCRIBED AS FOLLOWS: COMMENCING AT SAID "POINT B"; THENCE S 30015'18"E 7.50 FEET; THENCE N 59044'42"E 10.00 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 113°45'33", AN ARC DISTANCE OF 39.71 FEET; THENCE S 06029'46"E 13.81 FEET; THENCE N 83030' 14"E 15.00 FEET; THENCE N 06029'45"W 17.14 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°43'27", AN ARC DISTANCE OF 32.37 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 440.50 FEET, AND THROUGH WHICH POINT A RADIAL LINE BEARS N 03°46'19"W; THENCE WESTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 107004'50", AN ARC DISTANCE OF 54.44 FEET; THENCE, ON A NON -TANGENT BEARING, S 59°44'42"W 10.50 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF WASHINGTON, AND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M. K:1DWG120031203571POND ACCESS ESMT.doc -3- Packet Page 98 of 139 Packet Page 99 of 139 AM-1104 Call for Bids for 95th Place West Drainage Improvements Project Edmonds City Council Meeting Date: 07/24/2007 Submitted By: Conni Curtis Submitted For: Don Fiene Time: Consent Department: Engineering Type: Action Review Committee: A rtinn Information Subject Title Authorization to call for bids for the 95th Place West Drainage Improvements project. 2.F. Recommendation from Mayor and Staff Council authorize Staff to call for bids on the 95th Place West Drainage Improvements project. Previous Council Action N/A Narrative Design of the 95th Place West Drainage Improvements project between 228th Street SW and Edmonds Way has been completed by City Staff. Upstream improvements associated with this project will be deferred to 2008. The adopted 2007 capital budget includes $760,000 for the 93rd Avenue West/96th Avenue West Storm Improvement project, which includes the 95th Place West Drainage Improvements. No files) attached. Fiscal Impact Attarhmante Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Dave Gebert 07/19/2007 07:37 AM APRV 2 Development Services Duane Bowman 07/19/2007 08:05 AM APRV 3 City Clerk Sandy Chase 07/19/2007 08:54 AM APRV 4 Mayor Gary Haakenson 07/19/2007 09:02 AM APRV 5 Final Approval Sandy Chase 07/19/2007 11:13 AM APRV Form Started By: Conni Curtis Started On: 07/19/2007 07:13 AM Final Approval Date: 07/19/2007 Packet Page 100 of 139 AM-1109 2.G. Fire Rescue Boat Interlocal Agreement Amendment 1 Edmonds City Council Meeting Date: 07/24/2007 Submitted By: Tom Tomberg Time: Consent Department: Fire Type: Action Review Committee: Public Safety Action: Approved for Consent Agenda Information Subject Title Authorize Mayor to sign Fire Rescue Boat Interlocal Agreement Amendment 1. Recommendation from Mayor and Staff Approve. Previous Council Action On September 18, 2006, Council approved the Fire -Rescue Boat Agreement with Snohomish County. Narrative The City has received $200,000 in reimbursement funds for the public safety boat from the Department of Homeland Security through the Snohomish County Department of Emergency Management who served as grant administrators. Based on the City's request, and excellent work by the Snohomish County Department of Emergency Management, we have been advised that an additional $9,000 is available to the City for reimbursement. The additional $9,000 that was spent on the boat came from $8,000 earmarked for replacement of the Police Department Zodiac boat, and $1,000 from the Fire Department Donation Fund. Authorizing the Mayor to sign Amendment 1 to the 2006 agreement permits the City to accept the $9,000 reimbursement. Fiscal Impact Fiscal Year: 2007 Revenue: 9,000 Expenditure: Fiscal Impact: Reimburses the Equipment Rental Fund 511 ($8,000), and the FIre Department Donations Fund 131 ($1,000). Attachments Link: Agreement Packet Page 101 of 139 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/19/2007 02:59 PM APRV 2 Mayor Gary Haakenson 07/19/2007 03:21 PM APRV 3 Final Approval Sandy Chase 07/20/2007 08:09 AM APRV Form Started By: Tom Started On: 07/19/2007 02:39 Tomberg PM Final Approval Date: 07/20/2007 Packet Page 102 of 139 Snohomish County Emergency Management Aaron Reardon (425) 423-7635 County Executive FAX (425) 423-9152 M/S #307 July 12, 2007 3509 - 109th St. S.W. Everett; WA 98204 Gary Haakenson, Mayor City of Edmonds Edmonds, WA 98020 RE: Fire Rescue Boat Interlocal Agreement Amendment 1 Additional .Grant funding: FFY 05 SHSGP Contract # E06-022 (CFDA 97.067) Dear Mayor Haakenson, Please find enclosed two (2) originals of the above reference agreement. The amendment will enable Snohomish County to increase the reimbursement for the Fire Rescue Boat by $9,000 (from $200,000 to $209,000). In accordance with the original Fire Rescue Boat Interlocal Section 3.1, " the County agrees to cooperate in pursuit of additional grant funds to cover such overruns". In December 2006 the Region One Council approved the reimbursement of up to $18,000 of any excess Federal Fiscal Year2005 State Homeland Security Grant Program (FFY 05 SHSGP) funding to the City of Edmonds for the Fire Rescue Boat. The FFY 05 SHSGP grant ended April 30, 2007 and the final close out reconciliation was completed on June 29, 2007. The reconciliation identified $9,000 excess funds for the City of Edmonds for the Fire Rescue Boat. Reimbursement to the City will be sent upon execution of the enclosed agreement. Please return both signed originals to at the following address: Snohomish County DEM 3509 109t" St. SW Everett, WA 98204 Ifyou have any questions or concerns, please do not hesitate to contact me at (425) 388-5072. S rely, 3tilnw Tammy Jones, HLS Regional rdinator Snohomish County Department of Emergency Management Enclosure cc: John Pennington, Director of Snohomish County DEM Packet Page 103 of 139 www.cosnohom' h.wa.us FIRE RESCUE BOAT INTERLOCAL AGREEMENT AMENDMENT 1 WHEREAS, the City of Edmonds and Snohomish County have entered into the Fire Rescue Boat Interlocal Agreement dated June 28, 2006 for acquisition of a multi -purpose fire rescue boat (the Agreement); and WHEREAS, the grant award for funding the acquisition of the fire rescue boat under FFY 05 State Homeland Security Grant Contract No. E06-022 (CFDA # 97.067) has been increased by $9,000 from $200,000 to $209,000; and WHEREAS, the City and the County wish to amend the Agreement to implement the increase in funding; NOW, THEREFORE, IT IS HERBY AGREED: Paragraph 2.3 of the Agreement is revised to read: 2.3 The County's funding obligations under this Agreement shall not exceed $209,000. 2. This amendment is retroactively effective to January 1, 2007, regardless of the date of execution. 3. All other terms and conditions of the Agreement remain in full force and effect. THIS AMENDMENT is executed by the persons signing below, who warrant that they have the authority to execute this Amendment. For the City of Edmonds: Mayor Gary Haakenson Date For Snohomish County: Aaron Reardon, County Executive Date FIRE RESCUE BOAT INTERLOCAL AGREEMENT AMENDMENT 1 Page 1 of 2 Packet Page 104 of 139 ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: IC W. Scott Snyder, City Attorney John Pennington, Director Snohomish County DEM Date APPROVED AS TO FORM: FIRE RESCUE BOAT INTERLOCAL AGREEMENT AMENDMENT 1 Gordon W. Sivle , Deputy Prosecuting Attorney Page 2 of 2 Packet Page 105 of 139 AM-1102 Repair of Concrete Surfaces at the WWTP Edmonds City Council Meeting Date: 07/24/2007 Submitted By: Steve Koho Time: Department: Wastewater Treatment Plant Type: Review Committee: Action: Approved for Consent Agenda Tnfarm ntinn Consent Action 2.11. Subiect Title Report on bids opened on July 17, 2007 for the repair of concrete surfaces at the WWTP and award to Washington Industrial Coatings, Inc. for the amount of $151,599, including sales tax. Recommendation from Mayor and Staff Authorization to award contract for the Concrete Repairs project to Washington Industrial Coatings, Inc for the amount of $151,599, including sales tax. Previous Council Action None Narrative Concrete tank covers at the Wastewater Treatment Plant (WWTP) have cracked, and allowed water to seep into the joints. This water has rusted the embedded reinforcement bars, which has caused some large pieces of concrete to fall into the tanks below. Repairs need to occur to replace the flexible joint seals, and to apply a waterproof coating to the surface of the concrete. Staff used the small works foster to obtain competitive quotes. Five firms were contacted, and three provided bids. The low bid was from Washington Industrial Coatings, Inc. The expense will be charged to Capital Fund 414, which is the dedicated improvement fund for the Treatment Plant in which other agencies pay their proportionate shares (approximately 50% of capital expenditures). Fiscal Impact Attachments Link: Concrete bid tab Form Routing/Status Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Approved By Date Status Sandy Chase 07/18/2007 03:40 PM APRV Gary Haakenson 07/18/2007 04:48 PM APRV Sandy Chase 07/19/2007 08:55 AM APRV Packet Page 106 of 139 Form Started By: Steve Started On: 07/16/2007 05:03 Koho PM Final Approval Date: 07/19/2007 Packet Page 107 of 139 Concrete repairs project BID TAB Bids opened July 24, 2007 Cascade Industries NW Long Painting Company Washington Industrial Coatings Coatings Unlimited Lundeen Simonson No Bid Received No Bid Received Subtotal $146,200 Subtotal $143,684 Subtotal $139,210 Subtotal $0 Subtotal $0 8.9 % Tax $13,012 8.9 % Tax $12,788 8.9 % Tax $12,390 8.9 % Tax $0 8.9 % Tax $0 TOTAL $159,212 TOTAL $156,472 TOTAL $151,599 TOTAL $0 TOTAL $0 Packet Page 108 of 139 AM-1103 Presentation by Washington State Ferries Edmonds City Council Meeting Date: Submitted By: Submitted For: Department: Review Committee: 07/24/2007 Stephen Clifton Washington State Ferries Community Services Time: 15 Minutes Type: Information Action: Information Subject Title Presentation by Washington State Ferries Terminal Engineering Director John White. Recommendation from Mayor and Staff Previous Council Action As mentioned within the Community Services Department July 2007 Quarterly Report, Washington State ESHB 2358 passed the legislature this past spring and was signed by the Governor. Requirements of the bill effects all planned ferry terminal construction projects in the state including Edmonds Crossing. Prior to a discussion on the agenda item related to Edmonds Crossing Multimodal Terminal Design Agreement No. GCA 5154, this agenda item has been scheduled to provide the City Council with information on changes taking place within Washington State Ferries (WSF) as a result of the bill passing. John White, WSF Terminal Engineering Director, will be providing a brief overview. Narrative No files) attached. Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Stephen Clifton Final Approval Date: 07/19/2007 Fiscal Impact AttarhmPnte Form Routing/Status Approved By Date Status Sandy Chase 07/19/2007 11:06 AM APRV Gary Haakenson 07/19/2007 11:15 AM APRV Sandy Chase 07/19/2007 11:20 AM APRV Started On: 07/18/2007 03:42 PM EN Packet Page 109 of 139 AM-1082 5. Edmonds Crossing Multimodal Terminal Design Agreement Edmonds City Council Meeting Date: 07/24/2007 Submitted By: Stephen Clifton Submitted For: Washington State Ferries Time: 20 Minutes Department: Community Services Type: Action Review Committee: Action: Information Subject Title Edmonds Crossing Multimodal Terminal Design Agreement No. GCA 5154. Recommendation from Mayor and Staff Based on WSF's commitment to provide staff and resources necessary to keep the Edmonds Crossing project moving forward and to work with the City to ensure that this happens, in addition to WSF's acknowledgment that the City continue to serve a prominent role logistically, legislatively, and in pursuing funding for the project, the Mayor and City staff recommend approval of the Edmonds Crossing Multimodal Terminal Design Agreement No. GCA 5154. Previous Council Action Narrative Based on a 1993 Memorandum of Agreement between the City, Washington State Department of Transportation, and Community Transit, the City of Edmonds served as the lead entity during the environmental review process. This process was completed in July, 2005 when the Federal Transit Administration and Federal Highway Administration signed the State Route 104 Edmonds Crossing Record of Decision. On August 22, 2006, Washington State Ferries (WSF) sent a letter (Exhibit 1) to the City of Edmonds proposing a change to the management structure for Edmonds Crossing Phase 2, i.e., final design and permitting. Specifically, instead of hiring a Program Management (PM) consultant from a private company, as originally discussed between the City and WSF, Washington State Ferries proposed to provide a majority of program management services utilizing WSF staff throughout the design and permitting process. Within the letter, WSF cites several reasons as to why they now want to take a more active role in the Edmonds Crossing project. On September 16, 2006, City of Edmonds Staff and Mayor met with WSF staff to discuss WSF's proposal. During the conversation, Washington State Ferries representatives expressed a commitment to provide the staff and resources necessary to keep the project moving forward and to work with the City to ensure that this happens. If this occurs, Washington State Ferries, City staff and the Mayor agree that the City must continue to serve a prominent role logistically, legislatively, and in pursuing funding for the project. On October 19, 2006, information related to WSF potentially assuming Phase 2 responsibilities Packet Page 110 of 139 was contained within the Community Services Quarterly Report provided to the City Council. On Jan1 January 23, 2007 representatives from WSF and the City of Edmonds Community Services Director provided an update on 2006 milestones related to Edmonds Crossing, future steps, and estimated construction costs. Information about the proposal to have WSF assume program management responsibilities for Phase 2 was also discussed. Following months of discussing, preparing, and reviewing terms of a newly proposed relationship between the City and WSF, a draft Memorandum of Agreement ("Agreement") was finalized on July 6, 2007. An attached July 6, 2007 cover letter (Exhibit 2) and associated Memorandum of Agreement (Exhibit 3) is included within the July 24, 2007 Council packet. The agreement recognizes WSF as the program manager which includes WSF providing management and engineering services to complete Phase 2 tasks for the project. The services include, but are not limited to the following: • Program Management activities • Management of consultant services • All efforts related to the design documentation process • Permit acquisition, which includes documentation development, meeting participation, and application submissions necessary to obtain all City, County, State and Federal permits • Plans, Specifications and Estimate development • Efforts to support reporting and compliance requirements for existing grants • Participation in public outreach efforts • Supporting the City of Edmonds at City functions, • Facilitating project Executive Oversight Committee (EOC) meetings and/or Technical Advisory Committee JAC) meetings • Preparation of Quarterly Progress, Interim, Annual and Final reports The Agreement also further defines what is meant by Project Management, discusses the preparation of a detailed milestone schedule, outlines the type of reports to be filed and when, payment procedures, maintenance of records, and conditions for terminating the agreement. To pay for these services, the work will utilize state appropriated and federal grant funding as cited on pages 2 and 3 of the Memorandum of Agreement. Fiscal Impact Attachments Link: Exhibit 1 Link: Exhibit 2 Link: Exhibit 3 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/18/2007 04:31 PM APRV 2 Mayor Gary Haakenson 07/18/2007 04:48 PM APRV 3 Final Approval Sandy Chase 07/19/2007 08:54 AM APRV Form Started By: Stephen Started On: 07/03/2007 04:43 Clifton PM Final Approval Date: 07/19/2007 Packet Page 111 of 139 Packet Page 112 of 139 � Washington State Tr/ Department of Transportation Douglas B. MacDonald Secretary of Transportation August 22, 2006 Stephen Clifton Community Development Department Director City of Edmonds 121 51h Avenue North Edmonds, WA 98020 Re: Edmonds Crossing Program Management Dear Stephen, Washington State Ferries 2901 3rd Avenue, Suite 500 Seattle, WA 98121-3014 206-515-3400 TTY: 1-800-833-6388 www.wsdot.wa.gov/ferries W. Michael Anderson Assistant Secretary of Marine Operations Executive Director Washington State Ferries (WSF) is proposing a change to the planned management structure for the next phase of work on the Edmonds Crossing project. We propose to eliminate the planned Program Management (PM) consultant contract, and provide a majority of those services with WSF staff throughout the design and permitting process. The small percent of the planned PM tasks not covered by WSF, would be rolled into the design consultant contract. At this time, WSF envisions the remainder of the management plan to stay intact, with the City of Edmonds soliciting for the upcoming Edmonds Crossing Design consultant contract, and remaining the lead coordinating agency and project proponent on grant and legislative actions. Attached, is a basic project organization chart outlining the proposed project management structure. In recent months, WSF has expanded its available workforce, seen changes in the level of accountability required for projects, and issued a draft Long Range Plan (2006-2030) that identifies more detailed goals associated with the Edmonds terminal. These changes have played a major role in our decision to take a more active role in the Edmonds Crossing project, and influenced the proposal to change the management structure for the project. Detailed roles and responsibilities will need to be established once the proposed change is agreed to in principal, and will ultimately dictate the content of the upcoming design consultant RFQ and contract scope. We appreciate and value the efforts made by the City of Edmonds on this project, and look forward to continuing our successful partnering relationship as we move forward into the next phase of this project. Please provide a response with any suggestions or concerns you have to our proposal. Packet Page 113 of 139 Clifton 8/22/2006 Page 2 of 2 If you should have any questions, please contact me at 206-515-3714, or Kynan Patterson at 206-515-3463. Sincerely, Nicole McIntosh, F.E. Project Management and Engineering Manager KP:kp Ene: Proposed Organization Chart 082206 cc: Gary Haakenson, City of Edmonds Mayor Kynan Patterson, WSF Edmonds Crossing Project Manager Joy Goldenberg, WSF Public Involvement G:1Pr-ojlED104W053_XL19811Desigti1D100_Proj Mgmt1D140 Cori-espondenceTdmondsPMehangelettet•082206.doe Packet Page 114 of 139 Edmonds Crossing Multimodal Terminal Proposed Organization Chart 8-22-06 Federal Transit Administration -- Consultant Design & Permits Washington City of State Ferries Edmonds Executive Management Washington State Ferries Program Management WSFIWSDOT Staff' Resources Public Involvement Geotech€kcal Tribal Liaison Environmental & Permitting Operations & Mechanical Structural, Mechanical & Electrical Packet Page 115 of 139 AM Washington State wo Department of Transportation Douglas B. MacDonald Secretary of Transportation July 6, 2007 Mr. Stephen Clifton, AICP Community Services Director CITY OF EDMONDS 121 51h Ave. North Edmonds, WA 98020 Re: Edmonds Crossing Multimodal Terminal Design Agreement No. GCA 5154 Dear Stephen: Washington State Ferries 2901 - Third Avenue, Suite 500 Seattle, WA 98121-3014 206-515-3400 TTY: 1-800-833-6388 wvvw.wsdot.wa.gov/ferries W. Michael Anderson Assistant Secretary of Marine Operations Executive Director Please find enclosed three (3) originals of the proposed Edmonds Crossing Multimodal Terminal Design Agreement No. GCA 5154, between Washington State Ferries (WSF) and the City of Edmonds (City). The Agreement is the same as the edition that I e-mailed to you on May 291h with revisions shown, and again today as a conformed edition. Under the Agreement, WSF is recognized as the program manager for the planned Edmonds Crossing Multimodal Terminal, with specific responsibility for the final design - permitting phase (i.e., the phase 2 design). Such work includes design documentation, permit acquisition and the development of plans, specifications, and estimate (PS&E) for bid packages. Such work will utilize state appropriated and federal grant funding. In consideration for WSF's design of the Edmonds Crossing Multimodal Terminal facility, the City will utilize federal funds to reimburse WSF for the maximum allowed federal reimbursable percentage of WSF's total design costs which shall not exceed $12,323,555 over the term of this Agreement unless modified by a written instrument duly executed by both parties. The remaining percentage (estimated to be 14.67% - 20%) of total design costs shall come from Washington State appropriated funds, and possibly Regional Transportation Investment District and Sound Transit, if a Roads / Transit package is approved by voters in November of 2007. Please obtain signatures on all three (3) originals of the Agreement (one for WSF, one for DOT / Olympia and one for the City) and return them to my attention at the above WSF address. (I have enclosed a 41h extra original if needed for City records.) Upon signature for WSF, I will return a fully signed original(s) to you for your file. G:1MC\FY071INTA1 EDMONDS CROSSING AGMT1002 Packet Page 116 of 139 YYaehingtan State Ferries Mr. Stephen Clifton, AICP CITY OF EDMONDS July 6, 2007 Page 2 Thank you for your cooperation in finalizing the Agreement. If you have any questions, please contact me (phone: 206.515.3601; fax: 206.515.3605; e-mail: mcguigan @wsdot.wa.gov). Sincerely, Tim McGuigan Director of Legal Services & Contracts Enclosures cc: Kynan Patterson Daryl Huntsinger Ben Dietz GA1,MC1FY071INTAN EDMONDS CROSSING AGMT1002 Packet Page 117 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EDMONDS CROSSING MULTIMODAL TERMINAL DESIGN AGREEMENT NO. GCA 5154 THIS AGREEMENT is made and entered into this day of July 2007, between WASHINGTON STATE FERRIES, a division of the Washington State Department of Transportation (hereinafter called "WSF") and the CITY OF EDMONDS, a municipal corporation organized under the laws of the State of Washington (hereinafter called the "CITY"). WITNESS THAT: WHEREAS, WSF owns and operates a ferry terminal in the City of Edmonds, in Snohomish County, State of Washington (hereinafter called the "Edmonds Ferry Terminal"), serving as the eastern terminus of the Edmonds / Kingston ferry route; and WHEREAS, pursuant to a 1993 Memorandum of Understanding entered into by the Washington State Department of Transportation, the CITY and Community Transit, these entities agreed to cooperatively participate in activities to develop an Edmonds Multimodal Transportation Center; and WHEREAS, pursuant to the Interlocal Cooperation Act, RCW 39.34, WSF and the CITY intend to jointly develop a new Edmonds Crossing Multimodal Terminal (hereinafter called the "Terminal"), which will include intercity and committer rail, public transit, and ferry service; and WHEREAS, the CITY and WSF have been the lead agencies during the environmental study phase for the Terminal; and WHEREAS, on November 10, 2004, the Federal Highway Administration, Federal Transit Administration, Washington State Department of Transportation, and the City of Edmonds issued a Final Environmental Impact Statement (FEIS) and Final 4(f) Evaluation for the SR 104, Edmonds Crossing project in the City of Edmonds, Washington; and G:IMC\FY071INTA1 EDMONDS CROSSING1001 PAGE I OF 19 _5/29/07 Packet Page 118 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Federal Transit Administration and Federal Highway Administration signed a Record of Decision for State Route 104, Edmonds Crossing on July 14 and 18, 2005 respectively; and WHEREAS, when the joint development project (hereinafter called the "Project") is completed, the new Terminal will serve as the eastern terminus of WSF's Edmonds 1 Kingston ferry route, replacing the current Edmonds Ferry Terminal; and WHEREAS, the Project will: provide significant direct operational and safety benefits to WSF; accommodate future travel growth and alleviate congestion along the SR 104 corridor by expanded vehicle, vessel and pedestrian capacity at the Terminal; integrate ferry, bus and commuter / intercity rail multimodal features; and alleviate congestion in the Edmonds downtown core area; and WHEREAS, WSF desires to undertake the remaining design, permitting, and plan development work of the Project, subject to the cost reimbursement and other provisions herein; and CITY is agreeable to WSF assuming such responsibilities; NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, the parties agree as follows: 1. PURPOSE The purpose of this Agreement is to recognize WSF as the program manager which includes the following responsibilities and work for the Project: undertake the final design -permitting phase (i.e. phase 2 design), which includes design documentation, permit acquisition and the development of plans, specifications, and estimate (PS&E) for bid packages. Such work will utilize state appropriated and federal grant funding, including funding from the following sources: G:1M C'1F; Y071I NrAI FiDMONDS CIZOSSING1001 PAGE 2 OF 19 5/29/07 Packet Page 119 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Funding Grants Available For Edmonds Crossing Project (unexpended) TEA-21 (Federal Grant): $ 3,438,933 CMAQ (Federal Grant): $ 2,500,000 FTA — 2003 Federal Appropriation: $ 3,442,875 FTA — 2004 Federal Appropriation: $ 1,941,747 FI'A — 2005 Federal Appropriation: $ 1,000,000 Washington State Appropriation (05-07) $ 456,000 y Total Available Funding: $ 12,779,555 The state has budgeted an additional $57,854,000 for this project during 2007-2017, but such amount is subject to revision at any time. 2. PROJECT DESCRIPTION 2.1 The Project will be located approximately two thirds of a mile south of WSF's current Edmonds Ferry Terminal. Upon completion, the Edmonds Crossing Multimodal Terminal will replace the current Edmonds Ferry Terminal. 2.2 Project Attributes include: A. Critically needed improvements to State Route 104 (SR-104), one of the most important and unique highways connecting the Snohomish / King County urban area with the Kitsap and Olympic peninsulas; B. An improved interconnection with one of the region's most traveled railroad corridors, providing Amtrak service to Chicago and Vancouver, B.C., and Sounder commuter rail service between Everett and Seattle; C. Connections to the regional transit system with direct bus service to communities throughout the urban area via high occupancy vehicle (HOV) lanes and bus transfer sites; G:IMC\FY071INTA1 EDMONDS CROSSING1001 PAGE 3 OF 19 5/29/07 Packet Page 120 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 D. Ability for people to rideshare, bicycle and walk to and from different transportation modes; and E. Improved safety and travel on Edmonds local streets and along SR-104 between the Terminal and Interstate 5. 2.3 Project Components include: A. A ferry terminal that meets the operational requirements for accommodating forecasted ferry ridership and adequate on -site vehicle storage that will eliminate queuing along State Route 104, thus improving arterial operations; B. A train station designed to provide for intercity passenger (AMTRAK) and commuter rail (Sounder) service while providing amenities for passenger comfort and convenience; C. A transit center that meets local bus and regional transit system requirements while providing an opportunity to connect the downtown business center with the multimodal Terminal through the use of a local circulator service; D. Facility design flexibility to respond to changing travel demands for transportation providers in the future; E. Facilities for accommodating both vehicular commuters and walk-on passengers of the available transportation modes (parking, drop-off areas, retail / concessionaire space, and waiting areas); and F. Safety features, including: grade separation of train traffic from other modes of travel; designated vehicle parking and holding areas; and safer, more convenient waiting areas for bus, train and ferry riders. G:\MCIFY0711N`rA\ EDMONDS C'ROSS]NG1001 PAGE 4 OF 19 5129/07 Packet Page 121 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3. TERM This Agreement shall commence on the date first written above, and shall expire on October 31, 2011; Provided, this Agreement may be extended for a period or periods of time to be agreed upon in advance between the Parties. Unless the Parties agree otherwise, all terms and conditions of the Agreement shall remain in full force and effect during any such extension. 4. SCOPE OF WORK 4.1 WSF will provide management and engineering services to complete the final design and permitting (Phase 2) tasks for the Project. These services include, but are not limited to the following: A. Program management activities; B. Management of consultant services, including but not limited to: issuance of Request for Qualifications, selection of consultants, and award and administration of contracts for consulting services; C. All efforts associated with the Design Documentation Process consistent with established WSDOT / WSF procedures (including the completion of a 30% design document to be used as a basis for plan development); D. Permit acquisition, which includes documentation development, meeting participation, and application submissions necessary to obtain all city, county, state, and federal permits necessary for the construction of the Project; E. PS&E development (bid documents) for the contractor bid in accordance with state and federal laws; F. Efforts to support reporting and compliance requirements for existing grants; G:1MC1FY071IN'FAl EMMONDS CROSSING1001 PAGE 5 OF 19 _5/29/07 Packet Page 122 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 G. Participation in public outreach efforts including project updates, newsletters, and open houses; H. Supporting the City of Edmonds at city functions; T. Facilitating project Executive Oversight Committee (EOC) meetings and/or Technical Advisory Committee (TAC) meetings; and J. Preparation of Quarterly Progress, Interim (as requested), Annual and Final Reports. 5. REPORTING 5.1 WSF Reports. A. WSF shall submit to the CITY a quarterly progress report. The report shall be submitted within thirty (30) calendar days following the end of each fiscal quarter. The quarterly report shall: (i) summarize the work performed over the quarter; (ii) provide an update to project schedule and status; (iii) state costs incurred by work element; and (iv) expected work to be performed during the following quarter. B. The CITY reserves the right to request an interim report during the fiscal year. Unless otherwise agreed to by the Parties, the interim report is due to the CITY within twenty one (21) calendar days following the CITY's request for an interim report. The interim report shall include: (i) a summary of work progress during the course of the fiscal quarter (ii) costs incurred in accordance with the approved scope of work and budget; and (iii) progress to date, including any problems or work delays. C. Within thirty (30) days after the conclusion of each fiscal year, WSF shall prepare and submit to the CITY an annual progress report. The annual report shall: (i) summarize work accomplished under the scope of work; (ii) identify costs incurred by work element; and (iii) identify any carryover funds. G:1MC1FY071IN`rAl EDMONDS CROSSING1001 PAGE 6 OF 19 5/29/07 Packet Page 123 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 D. At the conclusion of the design phase, WSF shall submit to the CITY a final report documenting the design of the project, including all interim and task reports. WSF shall submit five (5) copies of the final report to the CITY. E. The CITY may delay the processing of invoices until the reports required herein are delivered to the CITY. F. WSF shall maintain records to support all project costs incurred in accordance with procedures prescribed by the Washington State Auditor's Office and applicable federal funding agencies. The records shall be open to inspection by the CITY during normal business hours, and shall be retained and made available for such inspection pursuant to the Maintenance of Records article in this Agreement. Copies of such records shall be furnished to the CITY and/or the federal government upon request. 5.2 CITY Reports A. The CITY shall submit quarterly grant updates to those grantors requiring such updates. B. The CITY shall submit a semi-annual funding report detailing the status of all funding sources (including federal grant and local match funds) as well as identifying additional sources of funding being pursued by the CITY. 1. The funding status report shall include a detailed accounting of funds granted and appropriated to, and expended by, the CITY as a part of the federal and state appropriation(s) process, in addition to draw downs against grants / appropriations over the previous six (6) month period and the balance of the funds remaining. 2. The funding status report shall include a narrative summarizing the status of the project funding. G:1MC\I�Y071IN'FA\ EDMONDS C:ROSS1NG1001 PAGE 7 OF 19 5/29/07 Packet Page 124 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C. In addition to submitting to WSF a funding status report, the CITY shall provide to WSF copies of all documentation submitted to grantors pursuant to Article 5.2.1. The documentation shall be submitted to WSF concurrently with the semi-annual funding report. D. Each semi-annual funding report and grantor documentation package shall be submitted to WSF within thirty (30) calendar days following each six (6) month period. 6. PROJECT MANAGEMENT 6.1 WSF shall designate a project manager who will coordinate design phase efforts. The project manager shall be responsible for: A. Coordinating stakeholder outreach and briefings; B. Ensuring coordinated review of technical reports and analysis; C. Developing and executing agreements necessary for the work identified in the schedule; D. Managing consultant contracts to ensure satisfactory performance and completion of consultant deliverables; E. Reviewing invoices from consultants and Washington State agencies prior to submitting an invoice to the CITY; and F. Completing and submitting the deliverables identified in the schedule. G:1MC\FY0711NI'A1 17,,I)MONDS CROSSING1001 PAGE 8 OF 19 5/29/07 Packet Page 125 of 139 1 7. SCHEDULING 2 3 WSF and the CITY shall cooperatively prepare a detailed milestone schedule 4 through the entirety of the final design and permitting phase utilizing Primavera 5 P3eC. The schedule shall identify work to be performed by WSF during the design 6 phase. In developing the activities for the schedule, WSF shall consult with the 7 CITY and ensure that the schedule accurately identifies the deliverables and their 8 duration. Additionally, the schedule shall indicate activities for early procurement 9 packages, if necessary, and for phased bidding and construction. 10 11 12 8. PAYMENT 13 14 8.1 As referenced in Article I, payment for work activities related to this Agreement will 15 utilize federal and state appropriated funding. In consideration for WSF's design of 16 the Edmonds Crossing Multimodal Terminal facility, the CITY will utilize federal 17 funds to reimburse WSF for the maximum allowed federal reimbursable percentage 18 of WSF's total design costs which shall not exceed Twelve Million, Three Hundred 19 Twenty -Three Thousand, Five Hundred Fifty -Five Dollars ($12,323,555.00) over 20 the term of this Agreement unless modified by a written instrument duly executed by 21 both Parties. The remaining percentage (estimated to be 14.67% - 20%) of total 22 design costs shall come from Washington State appropriated funds, and possibly 23 Regional Transportation Investment District and Sound Transit, if a Roads / Transit 24 package is approved by voters in November of 2007. 25 26 8.2 As used in Article 8.1 herein, the term "WSF's total design costs" shall mean all of 27 WSF's expenditures for the management and engineering services to complete the 28 final design and permitting (Phase 2) tasks for the Project (e.g., WSF's weighted 29 employee wage rates; consultant costs, including labor, overhead and profit; and 30 direct costs for WSF and consultant travel, training, supplies, etc.). Such costs shall 31 not include: WSF's costs associated with right-of-way acquisition; program level 32 planning, training and process development; and other minor activities. 33 34 8.3 The maximum allowed federal reimbursable percentage contribution rate shall be 35 calculated for each billing period as a percentage of the total funds expended by WSF 36 during that billing period on the final design and permitting effort. GAMC1FY0711N`I'Al PAGE 9 OF 19 EDMONDS CROSSING1001 5/29/07 Packet Page 126 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 8.4 WSF shall provide invoices to the CITY tied directly to work / activities on the Project, but not to exceed one such invoice per month. Invoices for reimbursement shall document the amount of funds that have been expended during the total project as well as for the current billing period including, but not limited to: hours, overhead costs, work completed and similar identification of any consultant costs. To the extent possible, WSF shall tie the work identified in each invoice to Project deliverables. The CITY shall review and approve each invoice for processing within thirty (30) business days after the invoice is received. Once reimbursement is received from federal and state agencies, the CITY shall forward payment to WSF. 8.5 It is agreed that payment will not constitute agreement as to the appropriateness of any item, and that required adjustments will be made at the time of final audit by the CITY, State or Federal government. In the event that such final audit(s) indicates an overpayment, WSF agrees to refund the overpayment within ninety (90) days after receipt of an invoice from the CITY, State or Federal government. 8.6 Payments and invoices shall be sent to the following addresses, respectively: Payments to WSF: Revenue Accountant Washington State Ferries P.O. Box 3985 Seattle, WA 98124-3985 G:1M('_IFY071INTAI T DMONDS ("ROSSING1001 Invoices to the CITY: Stephen Clifton Community Services Director City of Edmonds 121 - 5"' Avenue North Edmonds, WA 98020 Packet Page 127 of 139 PAGE 10 OF 19 5/29/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 9. MAINTENANCE Or RECORDS Each party to this Agreement shall make all its books, accounts and records pertaining to this Agreement available for review and / or audit by the other Party at all reasonable times during the term of this Agreement and for six (6) years thereafter unless a longer retention is required by law; Provided, if any litigation, claim or audit is started before the end of such period, the records shall be retained until all litigation, claim or audit findings involving the records have been resolved. 10. NON-DISCRIMINATION 10.1 In the performance of this Agreement, the parties shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) and Chapter 49.60 RCW, as now or hereafter amended. The Parties shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, sexual orientation, Vietnam - Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in: A. Any terms or conditions of employment, to include taking affirmative action necessary to accomplish the objectives of this Article; and B. Offering individuals or firms the opportunity to participate in this Project through a consultant selection process (if any) in the performance of this Agreement. 10.2 In the event of either Party's non-compliance or refusal to comply with the above provisions, this Agreement may be rescinded, canceled or terminated in whole or in part, and the defaulting party declared ineligible for further agreement with the other Party. The defaulting party shall, however, be given a reasonable time in which to cure the noncompliance. G:1MC\FY071INTA1 PAGE; 11 OF 19 5/29/07 EDMONDS CROSSING1001 Packet Page 128 of 139 1 11. ASSIGNMENT 2 3 Neither- Patty shall assign, delegate or transfer this Agreement, or the rights and/or 4 obligations herein, in whole or in part, by operation of law or otherwise, without the 5 other Party's prior written approval. Such approval shall not operate to relieve the 6 requesting Party of any of its duties and obligations hereunder, unless specified by the 7 other Party in writing; nor shall such approval affect any remedies available to the 8 other Party that may arise from non-performance of the Agreement. 9 10 11 12. INDEMNIFICATION 12 13 12.1 To the maximum extent permitted by law, each Party shall defend, indemnify and 14 hold harmless the other Party and its officials and employees from all claims, 15 demands, suits, actions, and liability of any kind whatsoever, which arise out of or are 16 related to the acts or omissions of the indemnifying Party and its officials, employees, 17 agents and contractors as it relates to this Agreement. The indemnifying Party 18 specifically assumes liability for actions brought by its own employees against the 19 other Party and for that purpose the indemnifying Party specifically waives, as 20 respects the other Party only, any immunity under the Worker's Compensation Act, 21 Title 51 RCW. The indemnifying Party recognizes that this waiver was the subject of 22 mutual negotiation and is expressly entered into pursuant to the provisions of RCW 23 4.24.115, 1n the event any Party incurs attorney's fees, costs or other legal expenses 24 to enforce the provisions of this Article against another Party, all such fees, costs and 25 expenses shall be recoverable by the prevailing Party. 26 27 12.2 No liability shall attach to any of the Parties by reason of entering into this 28 Agreement except as expressly provided herein. 29 30 12.3 Both Parties agree that they will include in any contract that is related to the 31 performance of this Agreement a provision requiring the contractor to defend, 32 indemnify and hold harmless the other- Party to this Agreement against any claims 33 arising out of or related to the work of the contractor. 34 35 12.4 The provisions of this Article shall survive any termination or expiration of this 36 Agreement. G:1MC\F'Y0711N'I,AI PAGE 12 OF 19 5/29/07 1DMONDS CROSS1NG1001 Packet Page 129 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1.3. NOTICES All notices or requests required or permitted under this Agreement shall be in writing, and shall be: (i) personally delivered or sent, by certified mail, return receipt requested, postage prepaid, or by facsimile transmission; and (ii) deemed received three (3) business days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All notices. or requests shall be sent to a Party's designated Representative as identified in Exhibit "A", attached hereto and incorporated herein. i �1��77.YiZi�Yi7��.Y1� 11i� Il_[I7�I 14.1 The Parties will work collaboratively in accordance with the following steps to resolve disagreements arising from activities performed under this Agreement. 14.2 The designated Representatives, as named in Exhibit A, shall use their best efforts to resolve disputes and issues arising out of or related to this Agreement. Each designated Representative shall notify the other in writing of any problem or dispute that the designated Representative identifies for formal resolution. This written notice shall include: A. A description of the issue to be resolved; B. A description of the difference between the Parties on the issue; and C. A summary of steps taken by designated Representative to resolve the issue. 14.3 The designated Representatives shall meet within five (5) business days of receiving the written notice and attempt to resolve the dispute. 14.4 In the evcr)t the Parties' designated Representatives are unable to resolve the dispute, and that dispute is not subject to some other formal appeal process, WSF's Executive Director and the CITY's Mayor (or their respective designee who shall have full authority to resolve the dispute on their behalf within the limits of validly appropriated funds) shall confer and exercise good faith to resolve the dispute. G:\MC\FY07\INTA\ PAGE 13 OF 19 5/29/07 EDMONDS C20SS1NG1001 Packet Page 130 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 14.5. In the event WSF's Executive Director and the CITY's Mayor (or their- respective designee as defined in Article 14.4. above) are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non -binding mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall serve as the mediator, and the timeframe the Parties are willing to discuss the disputed issue(s). 14.6. Each Party shall bring to the mediation session, unless excused from doing so by the mediator, a representative from its side with full settlement authority. In addition, each Party shall bring counsel and such other persons as needed to contribute to a resolution of the dispute. The mediation process is to be considered settlement negotiations for the purpose of all state and federal rules protecting disclosures made during such conference from later discovery or use in evidence; Provided that any settlement executed by the Parties shall not be considered confidential and may be disclosed. Each Party shall pay its own costs for mediation and share equally in the cost of the mediator. The venue for the mediation shall be in Seattle, Washington, unless the Parties mutually agree in writing to a different location. 14.7. If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation process, who shall serve as mediator, or the mediation is not successful, then either Party may institute a legal action in the County of King, State of Washington, unless other venue is mutually agreed to in writing. The Parties agree that they shall have no right to seek relief in a court of law until and unless each of the above procedural steps has been exhausted. 14.8. In the event of controversy, claim, or dispute arising out of this Agreement, each Party shall be solely responsible for the payment of its own legal expenses, including but not limited to, attorneys fees and costs. G:IMCIFY471IN`I'A1 EDMONDS CROSSING1001 PAGE 14 OF 19 5/29/07 Packet Page 131 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 15. TERMINATION 15.1 Termination for Default. Either Party may terminate this Agreement, in whole or in part, in writing, if the other Party fails to fulfill any or all of its material obligations under this Agreement through no fault of the other Party; Provided that, insofar as practicable, the Party terminating the Agreement will give: A. Written notice of intent to terminate at least thirty (30) calendar days prior to the date of termination, stating the manner in which the other Party has failed to perform the obligations under this Agreement; and B. An opportunity for the other Party to cure the default within thirty (30) calendar days following receipt of the Notice of Termination. In such case, if the non -defaulting Party deems that a longer cure period is appropriate and justified, the Notice of Termination will state the time period in which cure is permitted and any other appropriate conditions. C. If the defaulting Party fails to remedy the default or the breach to the satisfaction of the other Party within the time period established in the Notice of Termination or any authorized extension thereof, this Agreement shall be deemed terminated as of the last date of the specified cure period. D. In the event of termination by default, the defaulting Party shall be obligated to compensate the other Party for all Agreement close-out costs and the portion of work which has been satisfactorily rendered to the date of termination, as determined by the non -defaulting Party. If a notice of termination for default has been issued and it is later determined for any reason that the responsible Party was not in default, then the termination shall be deemed to be a Termination for Convenience. 15.2 Termination for Convenience. This Agreement may be terminated for convenience by either Party by giving at least thirty (30) calendar days prior written notice of termination to the other Party, stating the effective date of termination. In such event, WSF shall submit invoices to the CITY for all costs payable under this Agreement G:\MC\ Y0711N'1'A1 1 DMONDS CROSSING1001 PAGE 15 OF 19 5/29/07 Packet Page 132 of 139 I and incurred prior to termination. The CITY in turn will process such invoices 2 pursuant to Article 8.3 of this Agreement. 3 4 15.3 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any 5 subsequent default. Waiver of breach of a provision of this Agreement, including 6 failure to require full and timely performance of any provision, shall not be deemed to 7 be a waiver of any other or subsequent breach and shall not be construed to be a 8 modification of the terms of this Agreement unless stated to be such in writing, 9 signed by an authorized representative, and attached to the original Agreement. 10 11 12 16, FORCE MA,JEURE 13 14 16.1 As used in this Article, a Force Majcure Event shall mean any act of God, labor 15 disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, 16 explosion, breakage or accident to machinery or equipment, any order, regulation or 17 restriction imposed by governmental, military, or lawfully established civilian 18 authorities, or any other cause beyond a Party's control including, but not limited to, 19 loss or termination of federally appropriated funding for any reason. A Force 20 Majeure Event does not include an act of negligence or intentional wrongdoing. 21 22 16.2 If a Force Majeure Event prevents Party from fulfilling any obligations under this 23 Agreement, the Party affected by the Force Majeure Event (Affected Party) shall 24 promptly notify the other Party, either in writing or via the telephone, of the existence 25 of the Force Majeure Event. The notification must specify in reasonable detail the 26 circumstances of the Force Majeure Event, its expected duration, and the steps that 27 the Affected Party is taking to mitigate the effects of the event on its performance. 28 The Affected Party shall keep the other Party informed on a continuing basis of 29 developments relating to the Force Majeure Event until the Event ends. The Affected 30 Party will be entitled to suspend or modify its performance of obligation under this 31 Agreement (other than the obligation to make payments) only to the extent that the 32 effect of the Force Majeure Event cannot be mitigated by the use of reasonable 33 efforts. The Affected Party will use reasonable efforts to resume its performance as 34 soon as possible. 35 G:1MC11--Y0711N1'A1 PAGE 16 OF 19 h"DMONDS CROSS1NG1001 5/29/07 Packet Page 133 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 17. FEDERAL CONTRACT PROVISIONS To the extent federal funds are utilized, this Agreement and all amendments or supplements shall comply with federal contract funding requirements. To the extent applicable, Federal Contract Provisions are attached hereto and incorporated herein as Exhibit "B". 18. GENERAL LEGAL PROVISIONS 18.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties relative to the subject matter herein. There are no terms, obligations, covenants or conditions other than those contained or referenced herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing. 18.2 Amendment. The Parties may amend this Agreement by a written instrument duly executed by both Parties. 18.3 Severability. If any covenant or provision in this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform to the terms and requirements of applicable law and the intent of this Agreement. 18.4 No Partnership Created., No joint relationship or partnership is formed as a result of entering into this Agreement. In performing work and services hereunder, WSI+ and its employees, agents, consultants and representatives shall be acting as agents of WSF and shall not be deemed or construed to be employees or agents of the CITY in any manner whatsoever. No employee of either Party shall hold him / herself out as, or claim to be an officer or employee of the other- Party by reason of this Agreement and shall not make any claim, demand, or application to, or for any right or privilege applicable to an officer or employee of, the other Party. Each Party shall be solely responsible for any claims for wages or compensation by its employees, agents, and G:1MCIFY071IN'rAl PAGE 17 OF 19 5/29/07 EDMONDS Cl2OSSING1001 Packet Page 134 of 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 representatives, including consultants, and shall hold the other Party harmless therefrom. 18.5 Governing Law and Venue. This Agreement shall be deemed to be made in the County of King, State of Washington, and the legal rights and obligations of WSr and the CITY shall be determined in accordance with the laws of the State of Washington. All legal actions in connection with this Agreement shall be brought in the County of King, State of Washington. 18.6 Compliance with Laws. Each Party shall comply, and to the best of its ability shall ensure, that its employees, agents, consultants and representatives comply with all federal, state, and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement. 1.8.7 Binding on Successors. All of the terms, provisions and conditions of this Agreement will be binding upon and inure to the befit of the Parties hereto and their respective successors, permitted assignees and legal representatives. G:1MC\PY07\INTA\ EDMONDS CROSSING1001 PAGE 18 OF 19 5/29/07 Packet Page 135 of 139 IN WITNESS WHEREOF, the Parties hereto, by them- duly authorized representatives, have executed this Agreement as of the day and year first written above. WASHINGTON WSF FERRIES Washington State Department of Transportation W. Michael Anderson Executive Director IMIKIIWKI U 03 11 Gary Haakenson Mayor Approved as to form for Washington State Ferries: Mark S. Lyon Assistant Attorney General Date: Approved as to form for the City of Edmonds: By: W. Scott Snyder City Attorney Date: G:IMC1FY0711NTA1 PAGE 19 OF 19 EDMONDS CROSSING1001 5/29/07 Packet Page 136 of 139 EXHIBIT A EDMONDS CROSSING MULTIMODAL TERMINAL DESIGN AGREEMENT NO. GCA 5154 REPRESENTATIVES (as of May 11, 2007) Each Party agrees that should any of this information change, WSF will update and transmit a new Exhibit to the CITY. For Agreement administration, the Parties' designated Representatives and addresses shall be as follows: WASHINGTON STATE FERRIES Project Management Attn: Kynan Patterson Edmonds Crossing Mutimodal Terminal Project Manager Washington State Ferries 2901 Third Ave. Suite 500 Seattle, Washington 98121-3014 Phone: 206.5.15.3463 Fax: 206. 515. 3740 E-mail: PatteK@wsdot.wa.gov CITY OF EDMONDS Project Management Attn.: Stephen Clifton Community Services Director City of Edmonds 121 — 5°i Avenue North Edmonds, WA 98020 Telephone: 425. 771. 0251 Fax: 425. 771. 0251 E-mail: Clifton@ci.edmonds.wa.us NOTE. The Parties may periodically update this Exhibit to reflect the Parties' updated / current contact information. Each updated Exhibit shall be attached to the Agreement and shall replace / supersede the prior Exhibit, without a formal Agreement supplement. G AM CTY071INTA1 EDMONDS CRGSSING1001 5/29/07 EXHIBIT A Packet Page 137 of 139 AM-1105 Transportation Choices Coalition Edmonds City Council Meeting Date: 07/24/2007 Submitted By: Conni Curtis Submitted For: Dave Gebert Time: 30 Minutes Department: Engineering Type: Information Review Committee: Action: Information Subject Title Presentation by the Transportation Choices Coalition. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative 6. The Transportation Choices Coalition represents a coalition of citizen groups, businesses, public agencies and concerned individuals. The group seeks to bring Washingtonians more and better transportation choices - real opportunities to take a bus, take a train, ride a bike, or walk - as well as drive alone. In November, 2006, the Transportation Choices Coalition began work on a new program they have titled "Sustainable Cities". The goal of this program was to help local governments create a more sustainable transportation system. Over the past few months they have reviewed the City of Edmonds codes and comprehensive plans, and have developed a list of Edmonds' accomplishments in the sustainable transportation sector, as well as recommended programs and actions to further the goal of sustainable transportation in Edmonds. Overall, the Transportation Choices Coalition has found that Edmonds is doing very well in sustainable transportation programs. Their recommendations for the City of Edmonds include: Increase flexibility and reduce parking requirements not only in downtown Edmonds, but also in other areas such as Edmonds Crossing and SR99 corridor. Also consider adopting maximum parking requirements in these areas. Encourage transit -oriented development and better transit service at Edmonds Crossing and within the SR99 corridor. As city becomes denser, use metered parking to better manage parking. Allow this revenue to fund neighborhood improvement projects. Adopt a complete streets ordinance. Packet Page 138 of 139 Implement a voluntary carbon contribution program. The Transportation Choices Coalition will provide a presentation to the City Council. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Dave Gebert 07/19/2007 04:41 PM APRV 2 Development Services Duane Bowman 07/19/2007 08:26 PM APRV 3 City Clerk Sandy Chase 07/20/2007 08:08 AM APRV 4 Mayor Gary Haakenson 07/20/2007 08:30 AM APRV 5 Final Approval Sandy Chase 07/20/2007 08:33 AM APRV Form Started By: Conni Curtis Started On: 07/19/2007 07:31 AM Final Approval Date: 07/20/2007 Packet Page 139 of 139