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2007.09.25 CC Agenda Packet
AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North September 25, 2007 6:00 p.m. - Reception for Candidates for the Position of Economic Development Director, and Candidate for the Position of Chief of Police, Al Compaan. 7:00 p.m. - Call to Order and Flag Salute 1. Approval of Agenda 2• Consent Agenda Items A. Roll Call B. AM-1178 Approval of City Council Meeting Minutes of September 18, 2007. C. AM-1182 Approval of claim checks #99094 through #99193 for September 20, 2007 in the amount of $443,026.77. Approval of payroll direct deposits and checks #45584 through #45647 for the period of September 1 through September 15, 2007 in the amount of $888,757.30. D. AM-1176 Acknowledge receipt of Claim for Damages from Lora Petso ($1,020.00). E. AM-1179 Approval of Findings of Fact related to the Closed Record Review held on 08/28/07 and 09/18/07 regarding the appeal of the Hearing Examiner's approval of a 27-lot Preliminary Plat (Woodway Plat) located at 23700 104th Avenue West. (Appellant: Lora Petso/Applicant: Burnstead Construction/File No. P-07-17 and PRD-07-18) F. AM-1175 Proposed Resolution waiving the City's procurement procedures in order to purchase an Asphalt Grinding Machine for the Public Works Department and authorization to purchase such equipment from Asphalt Zipper, Inc. in the amount of $79,950.00 plus applicable sales tax. G. AM-1181 Proclamation in honor of Change a Light Day, October 3, 2007. 3. AM-1177 Proclamation in honor of Arts and Humanities Month. (10 Min) 4. AM-1180 Report from the Hearing Examiner. (15 Min) 5. Audience Comments (3 minute limit per person) 6. (15 Min) Council reports on outside committeetboard meetings. 7. (5 Min) Mayor's Comments 8. (15 Min) Council Comments 9. (15 Min) Executive Session regarding a real estate matter. 10. Adjourn Packet Page 1 of 81 Packet Page 2 of 81 AM-1178 2.B. Approval of Minutes Edmonds City Council Meeting 2007 Date: 09/25/2007 Submitted By: Sandy Chase Time: Consent Department: City Clerk's Office Type: Action Review Committee: Action: Information Subject Title Approval of City Council Meeting Minutes of September 18, 2007. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Fiscal Impact S ffarhmanfe Link: 09-18-07 Draft City Council Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 09/20/2007 09:06 AM APRV 2 Mayor Gary Haakenson 09/20/2007 10:27 AM APRV 3 Final Approval Sandy Chase 09/20/2007 10:36 AM APRV Form Started By: Sandy Started On: 09/19/2007 04:23 Chase PM Final Approval Date: 09/20/2007 Packet Page 3 of 81 EDMONDS CITY COUNCIL DRAFT MINUTES September 18, 2007 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5 h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Peggy Pritchard Olson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauri Moore, Councilmember Deanna Dawson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember ALSO PRESENT Hilary Scheibert, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Al Compaan, Acting Police Chief Duane Bowman, Development Services Director Dave Gebert, City Engineer Debi Humann, Human Resources Manager Zach Lell, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, 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 SEPTEMBER 4, 2007. C. APPROVAL OF CLAIM CHECKS #98783 THROUGH #98891 FOR SEPTEMBER 6, 2007 IN THE AMOUNT OF $319,217.90 AND #98892 THROUGH #99093 FOR SEPTEMBER 13, 2007 IN THE AMOUNT OF $318,362.23. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #45490 THROUGH #45583 FOR THE PERIOD OF AUGUST 16 THROUGH AUGUST 31, 2007 IN THE AMOUNT OF $819,048.67. D. FINDINGS OF FACT REGARDING THE SEPTEMBER 4, 2007 CLOSED RECORD APPEAL OF THE HEARING EXAMINER'S DENIAL OF A SIDE YARD SETBACK VARIANCE AT 18600 SOUND VIEW PL. (APPELLANT AND APPLICANT: DR. RAYMOND BOGAERT / FILE NOS. V-2006-102 AND AP-2007-4) E. APPROVAL OF SRI TECHNOLOGIES, INC. CONTRACT FOR TEMPORARY CAPITAL PROJECTS MANAGER. Edmonds City Council Draft Minutes September 18, 2007 Page 1 Packet Page 4 of 81 F. ORDINANCE NO. 3663 — AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 18.40 GRADING AND RETAINING WALLS, AND ECDC 20.110.030 NUISANCE SECTION, TO ADD A NEW PARAGRAPH TO SPECIFY THE CITY'S REGULATION OF ROCKERIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. G. ORDINANCE NO. 3664 — AMENDING EDMONDS CITY CODE 10.25.030 RELATING TO THE SCOPE OF THE CIVIL SERVICE SYSTEM. 3. CONTINUED CITY COUNCIL DELIBERATION ON THE CLOSED RECORD REVIEW HELD ON 08/28/07 REGARDING AN APPEAL OF THE HEARING EXAMINER'S APPROVAL OF A 27-LOT PRELIMINARY PLAT (WOODWAY PLAT) LOCATED AT 23700 104TH AVENUE WEST. (APPELLANT: LORA PETSO / APPLICANT: BURNSTEAD CONSTRUCTION / FILE NO. P-07-17 AND PRD-07-18) As this was the continuation of a quasi judicial matter, under the Appearance of Fairness Doctrine, Mayor Haakenson asked whether any Councilmember had any conflicts or ex parte communications to disclose. Councilmember Plunkett advised he received four emails from Party of Record Cliff Sanderlin that he did not open, 1) dated September 7, 2007 entitled Summary of City's Park Plan for Southwest Edmonds, 2) dated September 7, 2007 entitled Summary of Edmonds Park Plan Old Woodway Elementary Property, and 3) dated September 18 entitled Be Ready at Tomorrow's City Council Meeting, and 4) dated September 18 entitled Tonight's City Council Meeting. Mayor Haakenson asked whether any parties of record had any objection to Councilmember Plunkett's participation. There were no objections voiced. Appellant Lora Petso objected to the continued participation of Councilmember Wambolt based on ex parte communications since the prior hearing via his public statement that he did not want to do the work. If he or any Councilmember had not gone to the Council office to review the material or review the transcript and find it was not complete, she requested they recuse themselves. She asked each Councilmember to state on the record whether they had reviewed the material in the Council office, the transcript or the City's ordinance regarding criteria for subdivision approval. Councilmember Wambolt responded if Ms. Petso had heard that he did not want to do the work, she did not hear him correctly. He commented on the many hours he put into studying the record including an entire Saturday morning in the Council office. He advised he would not recuse himself. Mayor Haakenson asked Councilmember Wambolt if he was able to hear this matter in an unbiased manner and Councilmember Wambolt responded he could. Mayor Haakenson asked whether the Council was under any obligation to answer any questions from parties of record as Ms. Petso requested. City Attorney Zach Lell responded no, this was a closed record proceeding that was in the deliberative stage. He recommended the Council refrain from discussions with parties of record beyond the ex parte disclosure process. Mayor Haakenson advised all Councilmembers were approved to participate in tonight's proceeding. Mr. Lell recalled at the conclusion of the meeting two weeks ago, Mr. Hertrich provided general public comment during the Audience Comment portion of the meeting. Although couched in generic terms and not mentioning any land use proposal by name, his comments could have been construed as potentially applying to this matter as they related to the conduct on the Hearing Examiner. He cautioned the Council Edmonds City Council Draft Minutes September 18, 2007 Page 2 Packet Page 5 of 81 not to consider those comments by Mr. Hertrich in their deliberations tonight. As they did not specifically relate to this proposal, he advised Mr. Hertrich's comments did not need to be disclosed as an ex parte contact. Council President Olson advised the City received a request for a continuance from Ms. Petso yesterday afternoon and an additional request today. She read Ms. Petso's request that the Council continue this matter until she had a chance to correct the alleged omissions in the transcript of the Hearing Examiner meeting. Ms. Petso's request indicated she had previously provided the Council an excerpt from the tape in which allegedly 78% of the original content was omitted from the transcript and there were other alleged errors and omissions in the transcript. Ms. Petso requested 6 to 8 weeks to review and correct the transcript. As the request was submitted after the statutory deadline, Council President Olson advised it was up to the applicant, Burnstead Construction, to determine whether they wanted to allow a continuance. Her contact with Burnstead indicated they did not. Council President Olson advised she contacted Ms. Petso and several other parties of record including Al Rutledge, Rick Miller and Claudia Bailey and left messages for Roger Hertrich, Cheryl & Kevin Clarke, John O'Leary, Carl & Susan Harrington, Georgia Gross and attempted to contact Finis Tupper but received no answer. At Councilmember Plunkett's request, Mr. Lell advised the process Council President Olson referenced was codified at ECDC 20.91.030 which allowed an appellant or parties of record to request a continuance under these circumstances but no continuance may be granted once the statutory period for the City's approval or consideration of the underlying project has passed without the consent of the applicant. As the applicant had not provided that consent, Mr. Lell advised a continuation was improper at this point. Mr. Lell requested Council President Olson clarify that the extent of her discussions today with the parties of record was limited to the specific issue of the continuance and that there was no other substantive discussion. Council President Olson agreed. Councilmember Wambolt commented Ms. Petso could also confirm his review via the number of questions he asked the City Attorney. Mr. Lell explained at the conclusion of the August 28 proceeding, City Attorney Scott Snyder requested parties of record provide record citations for objections raised during the argument portion of the closed record proceeding by September 13. He advised the City received input from parties of record Ms. Petso, Mr. Lutz on behalf of Burnstead Construction, and Ms. Marks. With regard to Ms. Marks' submission dated September 5, 2007 contained on page 030 of tonight's packet, in which she referenced the Pileated woodpecker statement from the closed record appeal, Mr. Lell advised his review of the record indicated Ms. Marks was correct and there was reference to this on page 52 of the Hearing Examiner transcript. For that reason, he suggested the Council overrule the objection. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, TO OVERRULE THE OBJECTION. MOTION CARRIED UNANIMOUSLY. With regard to Ms. Petso's submission dated September 13, 2007 contained on page 027 of tonight's packet, her first reference was to the demolition fencing and the extent to which that made site access more difficult. Mr. Lell advised this reference exists on page 43 of the Hearing Examiner transcript. For that reason he suggested the objection to including this be overruled. Edmonds City Council Draft Minutes September 18, 2007 Page 3 Packet Page 6 of 81 COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER MARIN, TO OVERRULE THE OBJECTION. MOTION CARRIED UNANIMOUSLY. Ms. Petso's next reference was the extent to which the pre -hearing site visit was required and whether it was raised before the Hearing Examiner. Mr. Lell advised that reference exists on page 71 of the Hearing Examiner transcript and he advised the Council to overrule the objection. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO OVERRULE THE OBJECTION. MOTION CARRIED UNANIMOUSLY. Ms. Petso's next reference was to the buffering which was contained on page 45 of the Hearing Examiner transcript. Mr. Lell advised the Council to overrule the objection. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MOORE, TO OVERRULE THE OBJECTION. MOTION CARRIED UNANIMOUSLY. Ms. Petso's submission then references an additional comment regarding buffering and the extent to which she asked the Hearing Examiner whether citations were necessary. Mr. Lell agreed with Ms. Petso's citation that this information was contained on page 42. He advised the Council to overrule the objection. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO OVERRULE THE OBJECTION. MOTION CARRIED UNANIMOUSLY. Mr. Lell advised Ms. Petso's final record citation, contained on page 028 of tonight's Council packet, mirrors Ms. Marks reference to the Pileated Woodpecker. He agreed with Ms. Petso's citation that this information was contained on page 52 of the Hearing Examiner's transcript. For that reason, Mr. Lell advised the Council to overrule the objection. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO OVERRULE THE OBJECTION. MOTION CARRIED UNANIMOUSLY. Mr. Lell referred to pages 025 and 026 of tonight's packet, the first two pages of Ms. Petso's letter in which she purported to insert allegedly missing transcript references for the Council's benefit. Since these were not included in the record and were an attempt to add new facts not contained in the record, Mr. Lell advised they were not properly before the Council and he advised the Council not to consider them in its deliberations. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, THAT THE COUNCIL NOT CONSIDER THIS INFORMATION IN ITS DELIBERATIONS. Councilmember Dawson asked what would be a party's remedy if there were portions of the transcript that were not properly transcribed. Mr. Lell answered to the extent the omission could be deemed to have a material affect on the substantive result reached, it would potentially be grounds for reversal on appeal. He noted the extent to which that occurred in this matter was very unclear. Councilmember Dawson clarified if Ms. Petso was correct that there were errors in the transcript, that would be another avenue to pursue via the court as the Council did not have a basis to determine whether that allegation was proper or not. Mr. Lell agreed, with the caveat that supplementing the record on appeal of a Land Use Petition Act lawsuit was governed by statute and it was not appropriate for him to venture a guess whether Ms. Petso met those standards. Councilmember Dawson summarized it was Mr. Lell's advice to the Council since they had not had an opportunity to listen to the tapes and determine Edmonds City Council Draft Minutes September 18, 2007 Page 4 Packet Page 7 of 81 whether the transcript was/was not complete, it was not appropriate to allow Ms. Petso's submissions. Mr. Lell answered unless the transcript was officially created by the City, it was not appropriate for individual parties to submit extra record evidence after the deadline where that argument occurred. He advised this was submitted on September 13, 2007 which was well past the deadline for submitting argument to the Council and clearly past the deadline for supplementing the record. Mr. Lell advised the Council was able to access the Hearing Examiner tapes but it was inappropriate for a party of record to supplement the closed record via a self-created drafting. MOTION CARRIED UNANIMOUSLY. Mr. Lell referred to the letter submitted by Gerry Lutz on behalf of the applicant, Burnstead Construction, the first contained on page 035 of tonight's packet, specifically the last two sentences of the second full paragraph in which Mr. Lutz refers to Mr. Snyder's comment that there was nothing in the record about a hearing on Friday in response to his comment about the date of the final hearing. Mr. Lutz's letter stated Burnstead had no objection to striking the date of the PRD remand hearing as being outside the record. He advised it was appropriate for the Council to strike/not consider the reference to the Friday hearing. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO STRIKE THE REFERENCE TO THE FRIDAY HEARING. MOTION CARRIED UNANIMOUSLY. Mr. Lell referred to a letter dated September 13, 2007 submitted by Mr. Lutz entitled Clarification to Objections and Additional Comments Regarding Edmonds City Council Closed Record Review of Burnstead Subdivision Approval. After reviewing this submittal, it was staff s conclusion it contained argument beyond the scope of what Mr. Snyder instructed the parties to submit and therefore should not be considered by the Council. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER MARIN, THAT THE COUNCIL NOT CONSIDER THE SEPTEMBER 13, 2007 LETTER SUBMITTED BY MR. LUTZ ENTITLED CLARIFICATION TO OBJECTIONS AND ADDITIONAL COMMENTS REGARDING EDMONDS CITY COUNCIL CLOSED RECORD REVIEW OF BURNSTEAD SUBDIVISION APPROVAL. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson remanded to Council for deliberation. He relayed Mr. Lell's reminder that the Council was not to take any additional comment and that the burden of proof was on the appellant, Ms. Petso. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO UPHOLD THE HEARING EXAMINER'S DECISION AND DIRECT THE CITY ATTORNEY TO PREPARE NECESSARY FINDINGS OF FACT. Councilmember Plunkett referred to page 15 of the Hearing Examiner's report that acknowledges all parties recognized the surrounding area had significant drainage problems. He noted the City's Code and the Southwest Drainage Plan calls for an acknowledgement of responsibility to an ongoing stormwater drainage maintenance plan, a plan that calls for a schedule, acknowledgement of responsibility and inspection schedule. The applicant and the Hearing Examiner relied solely upon inferences in the CC&R's when the Code states an acknowledgement of responsibility and a plan needs to be established with a clear affirmation of maintenance and responsibility. Councilmember Moore was troubled by the drainage issues and therefore would not support the motion. She found the Hearing Examiner made a mistake accepting the infiltration rates that were unsupported by scientific studies. She found this prevented the application from meeting the Comprehensive Plan that Edmonds City Council Draft Minutes September 18, 2007 Page 5 Packet Page 8 of 81 addresses drainage, critical areas, parks, open space, and natural vegetation. She pointed out the intent of the Comprehensive Plan was to address long term land use. She concluded if the Council upheld the Hearing Examiner's findings, the Council was missing the long term planning element in regard to drainage. Councilmember Marin observed the Council must restrict its comments to the issues in the appeal. In his study of the materials provided, he found nothing compelling to indicate the Hearing Examiner was incorrect. Councilmember Wambolt pointed out Condition of Approval #2 in the Hearing Examiner's findings addressed drainage, a condition that must be complied with before the plat was approved. Councilmember Dawson commented the difficulty was that the subdivision could not be approved as a subdivision but must be approved as a PRD. As currently phrased, the motion did not condition approval on the PRD and therefore she could not support the motion as currently stated. Councilmember Orvis commented drainage was specifically identified as an issue to be addressed for a preliminary plat. He found Ms. Petso's arguments very compelling particularly the pit data. He was also not satisfied with how things were worked around the drainage ditch. He indicated he would not support the motion. Mr. Lell commented in conferring with Development Services Director Duane Bowman, he agreed in substance with Councilmember Dawson's comments. Given the proposed configuration of the plat and the extent to which it relied on a PRD approval that had not yet been given, it was appropriate for the Council to condition approval of the plat on ultimate PRD approval. He directed the Council's attention to page 36 of the Hearing Examiner's decision, specifically Condition #1. Councilmember Marin restated his motion as follows with the approval of the second: MOVE TO CONDITION APPROVAL OF THE PRELIMINARY PLAT AND UPHOLD THE HEARING EXAMINER'S DECISION EXPRESSLY CONTINGENT UPON THE APPLICANT OBTAINING PRD APPROVAL. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT OLSON AND COUNCILMEMBERS MARIN, DAWSON, WAMBOLT IN FAVOR, AND COUNCILMEMBERS ORVIS, PLUNKETT, AND MOORE OPPOSED. 4. CLOSED RECORD REVIEW REGARDING THE PLANNING BOARD APPROVAL TO REZONE PROPERTY LOCATED AT 9521 AND 9531 EDMONDS WAY FROM MULTI -FAMILY RESIDENTIAL (RM-1.5) AND SINGLE FAMILY RESIDENTIAL (RS-8) TO COMMUNITY BUSINESS — EDMONDS WAY (BC-EW). APPLICANTS: A.D. SHAPIRO ARCHITECTS/ VALHALLA PROPERTIES / FILE NO. R-07-35 Under the Appearance of Fairness Doctrine, Mayor Haakenson asked whether any Councilmembers had any conflicts or ex parte communications to disclose. Councilmember Plunkett advised Mr. Shapiro had contributed to his campaigns in the past. Councilmember Dawson advised party of record Marko Liias had contributed to her campaign. Councilmember Moore advised Mr. Shapiro had contributed to her campaign. Mayor Haakenson asked whether any of the parties of record objected to the participation of these Councilmembers. There were no objections voiced. Mayor Haakenson advised all Councilmembers were approved for participation. Edmonds City Council Draft Minutes September 18, 2007 Page 6 Packet Page 9 of 81 Development Services Director Duane Bowman recalled in February 2007 the Council amended the ECDC to create this zone. The applicant was seeking to apply the zone to the subject property via a rezone. The Planning Board held a public hearing on the rezone request on July 25, 2007; after their deliberations, the Planning Board recommended unanimously that the City Council approve the change in the zoning. He noted the Planning Board's action and reasoning was contained in the verbatim transcript, Exhibit 1. Additional comment letters were contained in Exhibits 2 and 3 and the parties of record have been identified in Exhibit 4. He cautioned because this was a closed record review, all comments must be contained in the record. Mr. Bowman displayed an aerial vicinity map, identifying the subject property, SR 104, and the gas station/car wash, noting the subject property was located down slope from the single family developed area above. He displayed a vicinity map showing the Comprehensive Plan designation, pointing out this area including the subject properties was part of the Edmonds Way Corridor designation. He displayed a vicinity map showing the existing zoning in the area. He advised the proposed zoning was consistent with the Comprehensive Plan designation on the subject property. Applicant Tony Shapiro, A.D. Shapiro Architects, explained the proposed rezone complied with the Comprehensive Plan and zoning criteria. He identified the site adjacent to the gas station/car wash, noting the site had been vacant for many years, and was formerly operated as a gravel pit. He reviewed proposed concepts such as a mixed use building on the site with parking and retail, commercial activity at street level and potentially siting the building at the street edge. He referred to staff s recommended condition for approval that restricted vehicular access from the site at 228`h on the north end. He advised his client agreed that was an acceptable criteria, therefore, all vehicular access would be from Edmonds Way. Another condition was that the site provide egress for three parcels to the east up Edmonds Way. His client agreed that any proposal would provide access for those parcels to this site should those properties ever redevelop. He advised WSDOT and the City's Traffic Engineer stipulated that those properties would be restricted from accessing Edmonds Way. Mayor Haakenson remanded to Council for action. COUNCILMEMBER MOORE, MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE CHANGES IN ZONING, AS RECOMMENDED BY THE PLANNING BOARD. Councilmember Moore agreed with the staff report and the unanimous Planning Board opinion that the proposal met all the criteria. Councilmember Dawson agreed for the reasons stated in the record. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Dave Page, Edmonds, commented he was opposed to increasing heights downtown and had not always supported proposals made by Al Dykes with regard to redevelopment of his property. As a member of the WG33 participating in the study of potential growth and redevelopment of the old Safeway site and Harbor Square, he urged the Council to consider the proposal without any prejudice or preconceived ideas. He relayed comments from experts about small town America where seniors lose their ability to drive at 72-75 years of age but remain mobile for many more years and as a result many move into downtown areas. He referred to the Kiplinger Newsletter and their article about retirees seeking a simpler life in small towns, noting the article described a proposal very similar to the waterfront property. He Edmonds City Council Draft Minutes September 18, 2007 Page 7 Packet Page 10 of 81 concluded the redevelopment could make Edmonds a designation place. He assured he had no financial interest in the project or any connection with anyone involved. Mike Mestres, Edmonds, member of WG33, concurred with Mr. Page that this was an opportunity to create a regional center that provided livability and a revenue source. He noted with open minds, the redevelopment had the capability to unify the city and provide access to the waterfront. He recalled someone saying Edmonds did not want to be like Bellevue, however, he pointed out Bellevue had world class parks, their streets were in good condition, and they had well funded services. He concluded with 41,000 residents, Edmonds could not consider itself a bedroom community and needed strong city centers with residences and services. He urged the public to review the concepts that would be on display on October 4 in the Brackett Room of City Hall. Roger Hertrich, Edmonds, commented he attended the recent WG33 meetings and was reminded of Seaside, Oregon. Although he previously enjoyed the beach feeling at Seaside, he no longer did due to the unwelcoming environment created by the shadow on the first block from an out -of -scale timeshare constructed on one side of the street. He expressed concern with the concepts being considered by the WG33 that included buildings up to eight stories tall. He referred to uses identified on the design, primarily condominiums with very little commercial development, suggesting that condominiums did not create a destination. He commented on his recent drive down Dayton where although he could not see the water, he could feel the openness of the waterfront. He was concerned that redevelopment would result in shadows from tall buildings. He urged the Council to read Joan Blume's letter describing her concerns. He agreed Edmonds did not want to be Bellevue, noting many residents moved to Edmonds from Kirkland due to the development occurring in Kirkland. He recommended the redevelopment not benefit only Mr. Dykes and the Port. Al Rutledge, Edmonds, advised the issue of mobile home parks would arise in the future due to owners' interest in selling and rezoning their property in the next 5-10 years. He commented on the movement to get the State involved with mobile home parks. Next, he recommended Audience Comments be moved to the beginning of the agenda like it used to be to ensure staff was present and to better accommodate the public particularly at long meetings. Ray Martin, Edmonds, described a situation where a citizen's son applied for a business permit. The City typically responds within 15 days and after 20 days, the applicant's father inquired of Mayor Haakenson who responded he could send an Edmonds Police Detective to inspect the premises prior to issuing a permit. Mr. Martin asserted Mayor Haakenson responded in this manner because he disliked the applicant's father. He referred to the State Constitution regarding invasion of private affairs or owned properties which states persons shall not be disturbed in their private affairs or their home invaded without authority of law. He concluded although Mr. Tupper had not asked him to speak for him, Mr. Martin was concerned because he found this situation similar to the Totem Pole lawsuit the City was involved in several years ago. Kevin Clarke, Edmonds, commented on efforts to thank others, noting he recently complimented a person tending the City's flowers. He commented on a police officer in the parking lot of Sherwood Elementary looking into an abandoned car with a flashlight, noting that was a difficult job. He urged everyone to say thank you to those who make the community of Edmonds great. He commented on projects he had been involved in throughout the region, noting the redevelopment of the waterfront properties was a unique opportunity. He thanked the Council for their service and urged those who questioned the council's integrity to consider their own integrity. He thanked Council President Olson for her efforts to contact the parties of record. Edmonds City Council Draft Minutes September 18, 2007 Page 8 Packet Page 11 of 81 Heather Marks, Edmonds, thanked the Council for all they do, expressing her appreciation for the questioning of the Hearing Examiner's decision. Mayor Haakenson advised she could not address the Council regarding that issue because the Council had not yet finalized its decision via the adoption of Findings of Fact. Elisabeth Larman, Edmonds, expressed her appreciation for everything the Council does. She recalled Mr. McFarlane's and her inquiry to the Council about purchasing the property where the Old Milltown gazebo is located and the Council's request for further study. She reminded how important that property was and asked about the status of the purchase. Mayor Haakenson advised the Council would be provided a report next week. 6. REPORT ON CITY COUNCIL COMMITTEE MEETINGS Community Services/Development Services Committee Councilmember Marin reported the Committee discussed a charging station for plug-in hybrid cars and a site was identified in the Public Safety Building parking lot where there was existing electrical conduit and a junction box. The estimated cost for constructing the charging station is approximately $5,000 plus staff time. A suggested method to charge users was a timer similar to the system for tennis court lights. The Committee directed staff to prepare the necessary ordinance and payment method and bring it to the full Council for approval. Next staff outlined several recommendations in response to the July 26 special meeting, 1) establishing a process to share code revision language to allow citizen feedback on the code rewrite, 2) do a code change to eliminate the 28 day planning application completeness process, and 3) open the department to match City Hall hours Monday, Tuesday, Thursday and Friday with no permit applications accepted after 4:00 p.m., and on Wednesdays, the counter would be closed all day with phone calls taken and directed to voicemail and the day devoted to plan review with emphasis on overdue reviews. With regard to "subject to field inspection," staff anticipated that would have limited application but had not yet polled other cities. The final item the Committee discussed was the ECDC language regarding grading and retaining walls which was approved on tonight's Consent Agenda. Finance Committee Councilmember Orvis reported the Committee was provided an update on the broadband issue; staff is working with bond counsel with regard to financing. The Committee also reviewed a request to purchase a "zipper grinder" that allows cutting into pavement and grinds the pavement into powder that can be returned to the hole. As the grinder is not a budgeted item, it will be forwarded as a budget amendment. 7. MAYOR'S COMMENTS Mayor Haakenson commented the email exchange Mr. Tupper and he had as described by Mr. Martin was much more flowery than the reality. He explained Mr. Tupper inquired about the delay in his son's request for a business license to run a falconry business out of his home which he has been doing since he was approximately 13 years old. He offered to check on the license and found the business license was ready to be issued however, the Police Department, specifically Animal Control, had offered on their own to inspect the premises to ensure the State regulations were being adhered to. That was determined not to be necessary and the business license was issued last Friday. He advised Mr. Tupper's son and he had a good email exchange today; he was happy with the result and offered to bring his falcon to City events. 8. COUNCIL COMMENTS Council President Olson reported she attended the Everyone Gets to Play Day that included sporting events for kids, giveaways, bands, etc. That evening Main Street was closed for the Running of the Balls Edmonds City Council Draft Minutes September 18, 2007 Page 9 Packet Page 12 of 81 consisting of 5,000 tennis balls purchased for $5.00 each as a fundraiser for SnoKing Youth Club. She explained SnoKing Youth Club ensured that every child in the community had a chance to play baseball, basketball, soccer and softball regardless of demographics, income or skill level. She concluded the Running of the Balls was a very fun event and thanked Ryan Flynn who sponsored the event, noting he was trying to get into the Guinness Book of World Records. Councilmember Marin reported for many years Community Transit has supported bike to work day. He recalled attempting to use his bike and the bus to attend meetings and discovering that with only space for two bikes on the front of the bus, the rack was often full causing him to miss or be late to meetings. He explained the new Snohomish County Health Officer, who lives in Seattle and commutes to Everett, and he persuaded Community Transit to retrofit their 40-foot and articulated buses with triple bike racks as well as change their policy to allow bicycles on occasion inside the bus. He concluded this would enhance commuters' ability to use bicycles in conjunction with transit. Councilmember Wambolt thanked Ms. Larman for inquiring about the purchase of a portion of the Old Milltown property. He explained the Council determined the next step was to obtain an appraisal which the Council planned to discuss in Executive Session at the conclusion of next week's meeting. Councilmember Wambolt recalled a few meetings ago when the Council was discussing acceptance of some public areas of Pt. Edwards, he expressed concern that the sign for the pathway was not visible to the public. He expressed his thanks to Mr. Bowman and the developer for moving the sign onto Pine Street. Councilmember Moore reported on the Everyone Gets to Play Day at the Frances Anderson Center during the day, the Running of the Balls in the evening and the Barry McGuire concert following. She expressed her appreciation to Ryan Flynn for sponsoring the Running of the Balls for the second year, anticipating it would become a wonderful tradition. Student Representative Hilary Scheibert suggested the Council packet be printed double -sided. 9. ADJOURN With no further business, the Council meeting was adjourned at 8:15 p.m. Edmonds City Council Draft Minutes September 18, 2007 Page 10 Packet Page 13 of 81 AM-1182 2.C. Approval of Claim Checks and Payroll Direct Deposits and Checks Edmonds City Council Meeting 2007 Date: 09/25/2007 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 #99094 through #99193 for September 20, 2007 in the amount of $443,026.77. Approval of payroll direct deposits and checks #45584 through #45647 for the period of September 1 through September 15, 2007 in the amount of $888,757.30. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposits and checks Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Impact Fiscal Year: 2007 Revenue: Expenditure: $1,331,784.07 Fiscal Impact: Claims: $443,026.77 Payroll: $888,757.30 A t+ai-hmnn+e Link: Claim cks 9-20-07 �i Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Kathleen Junglov 09/20/2007 12:40 PM APRV 2 City Clerk Sandy Chase 09/20/2007 01:18 PM APRV 3 Mayor Gary Haakenson 09/20/2007 02:37 PM APRV 4 Final Approval Sandy Chase 09/20/2007 02:39 PM APRV Packet Page 14 of 81 Form Started By: Debbie Started On: 09/20/2007 11:09 Karber AM Final Approval Date: 09/20/2007 Packet Page 15 of 81 vchlist Voucher List Page: 1 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99094 9/20/2007 065052 AARD PEST CONTROL 244902 RODENT CONTROL RODENT CONTROL 001.000.640.576.800.480.00 92.56 Total : 92.56 99095 9/20/2007 000135 ABSCO ALARMS INC 39127 CITY HALL - 2 12V BATTERIES CITY HALL - 2 12V BATTERIES 001.000.651.519.920.310.00 37.50 Sales Tax 001.000.651.519.920.310.00 3.34 Total : 40.84 99096 9/20/2007 000850 ALDERWOOD WATER DISTRICT 8338 MONTHLY WHOLESALE WATER CI MONTHLY WHOLESALE WATER CI 411.000.654.534.800.340.00 146,295.69 Total : 146,295.69 99097 9/20/2007 060205 ALLIED BUILDING PRODUCTS CORP 9312793-00 PW - ANCHOR D/D WITH TAPE PW - ANCHOR D/D WITH TAPE 001.000.651.519.920.310.00 68.85 Sales Tax 001.000.651.519.920.310.00 6.14 9406055-00 CITY HALL - 10" IRON DRAIN CITY HALL - 10" IRON DRAIN 001.000.651.519.920.310.00 443.00 Sales Tax 001.000.651.519.920.310.00 39.43 Total : 557.42 99098 9/20/2007 061540 ALLIED WASTE SERVICES 197-0829729 INVOICE # 0197-000877829 garbage for MCC 001.000.651.519.920.470.00 48.50 Sales Tax 001.000.651.519.920.470.00 4.11 Total : 52.61 Page: 1 Packet Page 16 of 81 vchlist Voucher List Page: 2 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99099 9/20/2007 071878 ANITA ARMOUR & VINCENT HENRY 3-04425 04660-005231505-001 UTILITY REF RE: 04660-005231505-001 Utility Re' 411.000.000.233.000.000.00 66.23 Total : 66.23 99100 9/20/2007 069751 ARAMARK 512-3957656 PW MATS PW MATS 001.000.650.519.910.410.00 1.38 PW MATS 411.000.652.542.900.410.00 5.24 PW MATS 111.000.653.542.900.410.00 5.24 PW MATS 411.000.654.534.800.410.00 5.24 PW MATS 411.000.655.535.800.410.00 5.24 PW MATS 511.000.657.548.680.410.00 5.26 Sales Tax 001.000.650.519.910.410.00 0.12 Sales Tax 411.000.652.542.900.410.00 0.47 Sales Tax 111.000.653.542.900.410.00 0.47 Sales Tax 411.000.654.534.800.410.00 0.47 Sales Tax 411.000.655.535.800.410.00 0.47 Sales Tax 511.000.657.548.680.410.00 0.46 512-3959082 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: 2 Packet Page 17 of 81 vchlist Voucher List Page: 3 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99100 9/20/2007 069751 069751 ARAMARK (Continued) Total : 66.75 99101 9/20/2007 069751 ARAMARK 512-3959081 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SE 001.000.640.576.800.240.00 33.76 Sales Tax 001.000.640.576.800.240.00 3.00 Total : 36.76 99102 9/20/2007 064343 AT&T 425-774-0944 STATION #20 FAX STATION #20 FAX 001.000.510.522.200.420.00 34.66 Total : 34.66 99103 9/20/2007 065712 ATLAS SUPPLY S1+0085448 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 16.25 Freight 001.000.640.576.800.310.00 9.23 Sales Tax 001.000.640.576.800.310.00 2.27 Total : 27.75 99104 9/20/2007 001801 AUTOMATIC WILBERT VAULT CO 06-5422 BURIAL SUPPLIES BURIAL SUPPLIES: NICHOLSON 130.000.640.536.200.340.00 773.00 BURIAL SUPPLIES: BUNDY 130.000.640.536.200.340.00 358.00 BURIAL SUPPLIES: YOUNKIN 130.000.640.536.200.340.00 523.00 Total : 1,654.00 99105 9/20/2007 001835 AWARDS SERVICE INC 67702 SOFTBALL TROPHIES SUMMER LEAGUE TROPHIES 001.000.640.575.520.310.00 265.50 Sales Tax 001.000.640.575.520.310.00 23.63 Page: 3 Packet Page 18 of 81 vchlist Voucher List Page: 4 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99105 9/20/2007 001835 AWARDS SERVICE INC (Continued) 67749 TROPHY FOR SNO-KING SENIORS- 001.000.640.575.520.310.00 19.35 Sales Tax 001.000.640.575.520.310.00 1.73 67769 SOFTBALL TROPHY TROPHY- 001.000.640.575.520.310.00 8.75 Sales Tax 001.000.640.575.520.310.00 0.78 Total : 319.74 99106 9/20/2007 066891 BEACON PUBLISHING INC 5266 CLASSIFIED AD CLASSIFIED AD FOR CEMETERY 130.000.640.536.200.440.00 65.00 Total : 65.00 99107 9/20/2007 071887 BENNETT, ELIZABETH BENNETT0911 REFUND CLASS REFUND 001.000.000.239.200.000.00 98.00 Total : 98.00 99108 9/20/2007 003510 CENTRAL WELDING SUPPLY RN08071032 SEWER - ACETYLENE CYLINDER F SEWER - ACETYLENE CYLINDER F 411.000.655.535.800.450.00 7.75 Sales Tax 411.000.655.535.800.450.00 0.69 Total : 8.44 99109 9/20/2007 064840 CHAPUT, KAREN E CHAPUT8536 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #8536 001.000.640.574.200.410.00 100.80 Total : 100.80 99110 9/20/2007 066382 CINTAS CORPORATION 460717174 UNIFORMS Page: 4 Packet Page 19 of 81 vchlist Voucher List Page: 5 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99110 9/20/2007 066382 CINTAS CORPORATION (Continued) Volunteers 001.000.510.522.410.240.00 46.36 Sales Tax 001.000.510.522.410.240.00 4.12 460717175 OPS UNIFORMS Stn. 16 001.000.510.522.200.240.00 115.51 Sales Tax 001.000.510.522.200.240.00 10.28 460718209 UNIFORMS Stn. 17 - ALS 001.000.510.526.100.240.00 92.40 Stn. 17 - OPS 001.000.510.522.200.240.00 92.40 Sales Tax 001.000.510.526.100.240.00 8.22 Sales Tax 001.000.510.522.200.240.00 8.22 460718231 OPS UNIFORMS Stn. 20 001.000.510.522.200.240.00 132.66 Sales Tax 001.000.510.522.200.240.00 11.80 Total : 521.97 99111 9/20/2007 063902 CITY OF EVERETT 107002279 WATER- WATER ANALYSIS LAB W WATER- WATER ANALYSIS LAB W 411.000.654.534.800.410.00 1,894.00 Total : 1,894.00 99112 9/20/2007 019215 CITY OF LYNNWOOD 5580 INV#5580 CUST#47 EDMONDS PD PRISONER R&B FOR JULY 2007 001.000.410.523.600.510.00 7,993.58 Page: 5 Packet Page 20 of 81 vchlist Voucher List Page: 6 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99112 9/20/2007 019215 CITY OF LYNNWOOD (Continued) 5587 INV#5587 CUST#47 EDMONDS PD PRISONER R&B FOR AUGUST 200' 001.000.410.523.600.510.00 4,868.33 Total : 12,861.91 99113 9/20/2007 070231 CNR INC 11250 SEPT 07 MAINT PHONE SYSTEM Sept 07 Phone Maintenance 001.000.390.528.800.480.00 736.67 Sales Tax 001.000.390.528.800.480.00 65.56 Total : 802.23 99114 9/20/2007 004095 COASTWIDE LABORATORIES W1831442 FAC - TOWELS, WINDOW SQUEEC FAC - TOWELS, WINDOW SQUEEC 001.000.651.519.920.310.00 422.54 Freight 001.000.651.519.920.310.00 2.50 Sales Tax 001.000.651.519.920.310.00 37.83 W1831442-1 FAC - BRASS END CLIPS FAC - BRASS END CLIPS 001.000.651.519.920.310.00 0.72 Sales Tax 001.000.651.519.920.310.00 0.06 W 1833771 FAC - 20" FLOOR PADS, OVER&UN FAC - 20" FLOOR PADS, OVER&UN 001.000.651.519.920.310.00 249.56 Freight 001.000.651.519.920.310.00 2.50 Sales Tax 001.000.651.519.920.310.00 22.43 Total : 738.14 99115 9/20/2007 064369 CODE PUBLISHING CO 29081 City Code & CDC (Jennifer) Page: 6 Packet Page 21 of 81 vchlist Voucher List Page: 7 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99115 9/20/2007 064369 CODE PUBLISHING CO (Continued) City Code & CDC (Jennifer) 001.000.620.532.200.310.00 140.00 Sales Tax 001.000.620.532.200.310.00 12.46 Total : 152.46 99116 9/20/2007 069983 COMMERCIAL CARD SOLUTIONS 1025 CREDIT CARD CHARGES Record Docs. @ Sno. C. 001.000.250.514.300.490.00 771.00 Total : 771.00 99117 9/20/2007 069983 COMMERCIAL CARD SOLUTIONS 3718 DST ad on Craigslist DST ad on Craigslist 001.000.220.516.100.440.00 25.00 Gymnastics Coach ad on Craigstlist 001.000.220.516.100.440.00 25.00 Planner or Senior Planner ad on 001.000.220.516.100.440.00 25.00 Gymnastics Coach ad on Craigslist 001.000.640.574.200.440.00 25.00 5271 Retirement poster (Baker, Huh) Retirement poster (Baker, Huh) 001.000.210.513.100.410.00 352.67 Puget Sound Bus. Journal 001.000.610.519.700.490.00 176.00 5687 Mayor lunch with /Econ Dev. Dir. Mayor lunch with /Econ Dev. Dir. 001.000.210.513.100.310.00 32.50 Total : 661.17 99118 9/20/2007 069983 COMMERCIAL CARD SOLUTIONS 1033 Micro Toner/Reg Toner Page: 7 Packet Page 22 of 81 vchlist Voucher List Page: 8 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor 99118 9/20/2007 069983 COMMERCIAL CARD SOLUTIONS Invoice (Continued) 1287 4-YA 99119 9/20/2007 069983 COMMERCIAL CARD SOLUTIONS 4783 99120 9/20/2007 069983 COMMERCIAL CARD SOLUTIONS 1232 PO # Description/Account Micro Toner/Reg Toner 001.000.310.514.230.310.00 WFOA-L Cress Federal Grants Mgmi 001.000.310.514.230.490.00 WFOA-D Sharp Federal Grants Mgm 001.000.310.514.230.490.00 WSCPA-D Sharp Internal Control #1 001.000.310.514.230.490.00 1287 Black Box - Patch cords & cables 001.000.310.518.880.310.00 Office Max Dot Matrix Printer/Teleme 001.000.310.518.880.310.00 Palm Support Palm Support 001.000.310.514.100.310.00 Olives -Dynamic City Meeting 001.000.310.514.100.310.00 Total ; DVD's for Council Meetings DVD's for Council Meetings 001.000.110.511.100.310.00 Reg fee for Wambolt/Prtichard Olson 001.000.110.511.100.490.00 Total ; WHITE Amount 468.00 50.00 50.00 225.00 405.04 304.91 25.00 53.31 1,581.26 46.78 80.00 126.78 Page: 8 Packet Page 23 of 81 vchlist Voucher List Page: 9 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99120 9/20/2007 069983 COMMERCIAL CARD SOLUTIONS (Continued) protective clothing 001.000.510.522.200.250.00 115.29 straps for rescue fins 001.000.510.522.200.310.00 54.45 Chief desk chair 001.000.510.522.100.310.00 196.01 Admin BC (Ops) chair 001.000.510.522.200.310.00 196.01 ferry fare to class 001.000.510.522.400.430.00 28.90 8475 OPS SUPPLIES camera 001.000.510.522.200.310.00 196.00 8884 TRAINING MISC Personal trainer publication 001.000.510.522.400.490.00 219.00 9759 OPS MISC FETN subscriptn renewal 001.000.510.522.200.490.00 1,383.90 9858 CORREIRA postage 001.000.510.522.200.420.00 15.35 Training publications 001.000.510.522.400.490.00 890.83 Volunteers uniforms 001.000.510.522.410.240.00 282.19 Total : 3,577.93 99121 9/20/2007 062891 COOK PAGING WA 6838506 pagers -water Page: 9 Packet Page 24 of 81 vchlist Voucher List Page: 10 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99121 9/20/2007 062891 COOK PAGING WA (Continued) pagers -water 411.000.654.534.800.420.00 11.85 pagers -streets 111.000.653.542.900.420.00 7.90 pagers -storm 411.000.652.542.900.420.00 15.80 pagers-facilities- 001.000.651.519.920.420.00 25.10 Sales Tax 411.000.654.534.800.420.00 1.19 Sales Tax 111.000.653.542.900.420.00 0.80 Sales Tax 411.000.652.542.900.420.00 1.59 Sales Tax 001.000.651.519.920.420.00 2.53 Total : 66.76 99122 9/20/2007 071884 CRAIG, HELEN C 3-03591 RE: 0700431 UTILITY REFUND RE: 0700431 Utility Refund CRAIG, 411.000.000.233.000.000.00 57.15 Total : 57.15 99123 9/20/2007 061570 DAY WIRELESS SYSTEMS - 16 136078 UNIT 487 - MOTOROLA MCS 2000 UNIT 487 - MOTOROLA MCS 2000 511.000.657.548.680.480.00 383.50 Sales Tax 511.000.657.548.680.480.00 34.13 Total : 417.63 99124 9/20/2007 029900 DEPT OF RETIREMENT SYSTEMS 00631582 M STARK EXCESS COMPENSATIOI M Stark Excess Compensation Benef 001.000.310.518.880.230.00 35,049.44 Total : 35,049.44 Page: 10 Packet Page 25 of 81 vchlist Voucher List Page: 11 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99125 9/20/2007 065892 EDMONDS ARTS FESTIVAL EAFF0917 TOURISM PROMOTION AGREEMEI ARTIST STUDIO TOUR 123.000.640.573.100.410.00 750.00 Total : 750.00 99126 9/20/2007 008550 EDMONDS SCHOOL DISTRICT #15 11598 GYM RENTAL RENTAL OF LYNNWOOD HIGH SCI 001.000.640.575.520.450.00 197.98 9740 ARTIST IN RESIDENCE GRANT ARTIST IN RESIDENCE GRANT FOI 117.100.640.573.100.410.00 500.00 Total : 697.98 99127 9/20/2007 008812 ELECTRONIC BUSINESS MACHINES 027513 Canon 5870 Color copies 8/7 - 9/7/0-1 Canon 5870 Color copies 8/7 - 9/7/0-1 001.000.610.519.700.480.00 9.89 Canon 5870 Color copies 8/7 - 9/7/0-1 001.000.210.513.100.480.00 9.89 Canon 5870 Color copies 8/7 - 9/7/0-1 001.000.220.516.100.480.00 9.89 Sales Tax 001.000.610.519.700.480.00 0.88 Sales Tax 001.000.210.513.100.480.00 0.88 Sales Tax 001.000.220.516.100.480.00 0.88 Total : 32.31 99128 9/20/2007 008975 ENTENMANN ROVIN CO 0033610-IN INV#0033610-IN ACCT#0011847 ED CHIEF'S BADGE 001.000.410.521.100.310.00 81.00 Freight 001.000.410.521.100.310.00 11.36 Total : 92.36 99129 9/20/2007 071882 EUNSON, THOMAS & LELA 4-12675 RE: #00633-001238471-001 UTILITY Page: 11 Packet Page 26 of 81 vchlist Voucher List Page: 12 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99129 9/20/2007 071882 EUNSON, THOMAS & LELA (Continued) RE: #00633-001238471-001 Utility R 411.000.000.233.000.000.00 98.14 Total : 98.14 99130 9/20/2007 066378 FASTENAL COMPANY WAMOU11164 PS - HEX KEY SET, SPAN BIT, SUP PS - HEX KEY SET, SPAN BIT, SUP 001.000.651.519.920.310.00 14.68 Sales Tax 001.000.651.519.920.310.00 1.30 Total : 15.98 99131 9/20/2007 010187 FIRE ENGINEERING 2341 OPS MISC 1 yr digital & website subscrptn 001.000.510.522.200.490.00 24.95 Total : 24.95 99132 9/20/2007 071562 FORMA 4245 DESIGN SERVICES DESIGN SERVICES/SIGN PROJEC- 125.000.640.594.750.650.00 820.00 Total : 820.00 99133 9/20/2007 012199 GRAINGER 9448976515 SUPPLIES TAPE MAGNET 001.000.640.576.800.310.00 16.52 Sales Tax 001.000.640.576.800.310.00 1.47 Total : 17.99 99134 9/20/2007 010900 HD FOWLER CO INC 12187864 WATER - SNIPPERS FOR PVC PIPE WATER - SNIPPERS FOR PVC PIPE 411.000.654.534.800.350.00 105.00 WHEELER SHUT OFF TOOL 411.000.654.534.800.350.00 396.70 Sales Tax 411.000.654.534.800.350.00 44.65 Page: 12 Packet Page 27 of 81 vchlist Voucher List Page: 13 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99134 9/20/2007 010900 010900 HD FOWLER CO INC (Continued) Total : 546.35 99135 9/20/2007 067862 HOME DEPOT CREDIT SERVICES 1037354 PS LOCKERS - BOARDS PSLOCKERS-BOARDS 001.000.410.521.220.350.00 31.96 Sales Tax 001.000.410.521.220.350.00 2.84 1038851 CITY HALL - SHEET METAL, SUPPL CITY HALL - SHEET METAL, SUPPL 001.000.651.519.920.310.00 23.51 Sales Tax 001.000.651.519.920.310.00 2.09 1045937 FAC MAINT - TRUCK SUPPLIES FAC MAINT - TRUCK SUPPLIES 001.000.651.519.920.310.00 61.90 Sales Tax 001.000.651.519.920.310.00 5.51 1045998 CITY HALL - WOOD LATH, STAKE, CITY HALL - WOOD LATH, STAKE, 001.000.651.519.920.310.00 42.19 Sales Tax 001.000.651.519.920.310.00 3.75 2031163 STREET - INDUSTRIAL SUPPLIES STREET - INDUSTRIAL SUPPLIES 111.000.653.542.640.310.00 39.88 Sales Tax 111.000.653.542.640.310.00 3.55 2035723 FAC MAINT SHOP - WHEELS FAC MAINT SHOP - WHEELS 001.000.651.519.920.310.00 13.80 PLAZA RM KIT - TRAP, SUPPLIES 001.000.651.519.920.310.00 20.12 Sales Tax 001.000.651.519.920.310.00 3.02 Page: 13 Packet Page 28 of 81 vchlist Voucher List Page: 14 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99135 9/20/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 2274223 FAC MAINT SHOP - LADDER HANG FAC MAINT SHOP - LADDER HANG 001.000.651.519.920.310.00 21.99 Sales Tax 001.000.651.519.920.310.00 1.96 3032572 STREET- ABS SUPPLIES STREET- ABS SUPPLIES 111.000.653.542.640.310.00 42.96 Sales Tax 111.000.653.542.640.310.00 3.82 3045654 PW -GROMMETS PW -GROMMETS 001.000.651.519.920.310.00 1.75 Sales Tax 001.000.651.519.920.310.00 0.16 3067913 WATER - UNIT 6 - SUPPLIES WATER - UNIT 6 - SUPPLIES 411.000.654.534.800.310.00 82.76 Sales Tax 411.000.654.534.800.310.00 7.37 3069046 PW - PLUMBING SUPPLIES PW - PLUMBING SUPPLIES 001.000.651.519.920.310.00 73.84 Sales Tax 001.000.651.519.920.310.00 6.57 4036955 FAC MAINT TRUCK STOCK - HINGE FAC MAINT TRUCK STOCK - HINGE 001.000.651.519.920.310.00 5.37 Sales Tax 001.000.651.519.920.310.00 0.48 4045516 PW - PLUMBING SUPPLIES PW - PLUMBING SUPPLIES 001.000.651.519.920.310.00 23.38 Sales Tax 001.000.651.519.920.310.00 2.08 Page: 14 Packet Page 29 of 81 vchlist Voucher List Page: 15 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99135 9/20/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 4090313 WATER - PIPE SUPPLIES WATER - PIPE SUPPLIES 411.000.654.534.800.310.00 128.06 Sales Tax 411.000.654.534.800.310.00 11.40 44722 PS LOCKER RM - PAINT SUPPLIES PS LOCKER RM - PAINT SUPPLIES 001.000.410.521.220.350.00 5.27 Sales Tax 001.000.410.521.220.350.00 0.47 5035171 FS 17 - NAIL GUN AND NAILS FS 17 - NAIL GUN AND NAILS 001.000.651.519.920.310.00 47.46 Sales Tax 001.000.651.519.920.310.00 4.22 5042555 FS 20 - SINK SUPPLIES FS 20 - SINK SUPPLIES 001.000.651.519.920.310.00 72.90 Sales Tax 001.000.651.519.920.310.00 6.49 5044154 FAC MAINT UNIT 5 - DRILL BIT, KIL FAC MAINT UNIT 5 - DRILL BIT, KIL 001.000.651.519.920.310.00 32.86 Sales Tax 001.000.651.519.920.310.00 2.92 5089225 PS / COURT - PLUMBING SUPPLIE; PS / COURT - PLUMBING SUPPLIE; 001.000.651.519.920.310.00 79.19 Sales Tax 001.000.651.519.920.310.00 7.05 5566363 STREET - 3X7 PLYWOOD STREET - 3X7 PLYWOOD 111.000.653.542.640.310.00 17.90 Sales Tax 111.000.653.542.640.310.00 1.59 Page: 15 Packet Page 30 of 81 vchlist Voucher List Page: 16 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99135 9/20/2007 067862 HOME DEPOT CREDIT SERVICES (Continued) 6048601 STREET -STAPLES STREET - STAPLES 111.000.653.542.640.310.00 26.70 Sales Tax 111.000.653.542.640.310.00 2.38 7082805 CITY HALL - TANK LEVER CITY HALL - TANK LEVER 001.000.651.519.920.310.00 6.99 Sales Tax 001.000.651.519.920.310.00 0.62 8043670 FAC MAINT UNIT 95 - SUPPLIES FAC MAINT UNIT 95 - SUPPLIES 001.000.651.519.920.310.00 97.01 Sales Tax 001.000.651.519.920.310.00 8.63 81154 PS - SUPPLIES PS - SUPPLIES 001.000.651.519.920.310.00 8.29 Sales Tax 001.000.651.519.920.310.00 0.74 9044905 PS - 4" VWB CA PS-4"VWB CA 001.000.651.519.920.310.00 26.78 Sales Tax 001.000.651.519.920.310.00 2.38 9068836 CITY HALL - FAUCET REPAIR CITY HALL - FAUCET REPAIR 001.000.651.519.920.310.00 2.97 Sales Tax 001.000.651.519.920.310.00 0.26 Total : 1,130.14 99136 9/20/2007 060165 HWA GEOSCIENCES INC 18093 E7CA.Services thru 08/25/07 E7CA.Services thru 08/25/07 125.100.620.595.300.650.00 1,103.32 Page: 16 Packet Page 31 of 81 vchlist Voucher List Page: 17 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99136 9/20/2007 060165 060165 HWA GEOSCIENCES INC (Continued) Total : 1,103.32 99137 9/20/2007 065056 JOHNSON, TROY TJOHNSON0915 PLAZA ROOM MONITOR PLAZA ROOM MONITOR- 001.000.640.574.100.410.00 105.00 Total : 105.00 99138 9/20/2007 068711 LAWN EQUIPMENT SUPPLY 9007-221 LAWN EQUIPMENT MACHETE, CANE KNIFE 001.000.640.576.800.310.00 74.93 Freight 001.000.640.576.800.310.00 4.75 Sales Tax 001.000.640.576.800.310.00 7.09 Total : 86.77 99139 9/20/2007 071889 LINK COMMUNICATION INC 1858 Splice 6 strandsHwy 99 & 220th Splice 6 strandsHwy 99 & 220th 001.000.310.514.100.480.00 667.00 Sales Tax 001.000.310.514.100.480.00 58.70 Total : 725.70 99140 9/20/2007 018760 LUNDS OFFICE ESSENTIALS 095640 LOGO ENVELOPES REG CITY CLE 250-00168 Logo Envelope #10 Regular- 001.000.250.514.300.310.00 295.00 Sales Tax 001.000.250.514.300.310.00 26.26 095655 PRINT ORDER 4TH AVE PARKING 1 250-00162 Print Order:- 001.000.250.514.300.310.00 131.00 Sales Tax 001.000.250.514.300.310.00 11.66 Total : 463.92 99141 9/20/2007 066191 MACLEOD RECKORD 4637 ESMC.Services thru 08/31/07 Page: 17 Packet Page 32 of 81 vchlist Voucher List Page: 18 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99141 9/20/2007 066191 MACLEOD RECKORD (Continued) ESMC.Services thru 08/31/07 125.000.640.594.750.650.00 1,622.47 Total : 1,622.47 99142 9/20/2007 019650 MASTER POOLS OF WASHINGTON INC 45431 YOST POOL SUPPLIES GENERATOR CARTRIDGE, TEST T 001.000.640.576.800.310.00 148.88 Sales Tax 001.000.640.576.800.310.00 13.25 45487 YOST POOL SUPPLIES MERMAID FILTER LEAVES 001.000.640.576.800.310.00 550.00 Freight 001.000.640.576.800.310.00 275.00 Sales Tax 001.000.640.576.800.310.00 73.43 45504 YOST POOL SUPPLIES GAS VALVE, STRIP KWIK 001.000.640.576.800.310.00 290.62 Sales Tax 001.000.640.576.800.310.00 25.87 45673 YOST POOL SUPPLIES SILK TABS, ETC. 001.000.640.576.800.310.00 98.90 Sales Tax 001.000.640.576.800.310.00 8.80 45756 YOST POOL SUPPLIES REAGENTS, TEST TABLETS 001.000.640.576.800.310.00 36.80 Sales Tax 001.000.640.576.800.310.00 3.28 Total : 1,524.83 99143 9/20/2007 019920 MCCANN, MARIAN 79 LEOFF 1 Reimbursement Page: 18 Packet Page 33 of 81 vchlist Voucher List Page: 19 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99143 9/20/2007 019920 MCCANN, MARIAN (Continued) LEOFF 1 Reimbursement 009.000.390.517.370.290.00 465.50 Total : 465.50 99144 9/20/2007 071487 MED-TECH RESOURCE INC 30037 INV#30037 EDMONDS PD MOTOROLA XTS3000 BATTERIES 001.000.410.521.220.310.00 504.96 Freight 001.000.410.521.220.310.00 7.46 Sales Tax 001.000.410.521.220.310.00 44.94 30372 INV#30372 EDMONDS PD CASE HIGH RISK LATEX GLOVES - 001.000.410.521.220.310.00 77.60 Freight 001.000.410.521.220.310.00 11.01 Total : 645.97 99145 9/20/2007 071883 MILLER, JASON & ANN 4-40206 RE: #07-6221 UTILITY REFUND RE: #07-6221 Utility Refund MILLER, 411.000.000.233.000.000.00 74.58 Total : 74.58 99146 9/20/2007 071886 MUKHERJEE, GOUTAM MUKHERJEE8843 PET FIRST AID CLASS PET FIRST AID CLASS #8843 001.000.640.574.200.410.00 52.00 Total : 52.00 99147 9/20/2007 064570 NATIONAL SAFETY INC 0207990-IN SEWER DEPT - GX2001 NIMH BAT" SEWER DEPT - GX2001 NIMH BAT" 411.000.655.535.800.310.00 150.00 Freight 411.000.655.535.800.310.00 9.95 Sales Tax 411.000.655.535.800.310.00 14.24 Page: 19 Packet Page 34 of 81 vchlist Voucher List Page: 20 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99147 9/20/2007 064570 064570 NATIONAL SAFETY INC (Continued) Total : 174.19 99148 9/20/2007 061013 NORTHWEST CASCADE INC 0553942 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:- 001.000.640.576.800.450.00 180.29 0572544 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:- 001.000.640.576.800.450.00 98.02 0572545 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:- 001.000.640.576.800.450.00 98.02 Total : 376.33 99149 9/20/2007 063511 OFFICE MAX CONTRACT INC 696076 NEWSPAPER AD Office supplies 001.000.250.514.300.310.00 103.74 Sales Tax 001.000.250.514.300.310.00 9.22 831365 OFFICE SUPPLIES Office Supplies 001.000.250.514.300.310.00 79.13 Sales Tax 001.000.250.514.300.310.00 7.04 Total : 199.13 99150 9/20/2007 063511 OFFICE MAX CONTRACT INC 632119 PW FRONT DESK - POSTER BOAR PW FRONT DESK - POSTER BOAR 001.000.650.519.910.310.00 293.55 Sales Tax 001.000.650.519.910.310.00 26.12 689388 PW - TONER FOR SMALL PRINTEF PW - TONER FOR SMALL PRINTEF 001.000.650.519.910.310.00 258.27 Sales Tax 001.000.650.519.910.310.00 22.99 Page: 20 Packet Page 35 of 81 vchlist Voucher List Page: 21 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99150 9/20/2007 063511 OFFICE MAX CONTRACT INC (Continued) 720901 PW ADMIN - LARGE POLY ENVELC PW ADMIN - LARGE POLY ENVELC 001.000.650.519.910.310.00 50.87 STORM DESK - BUS. CARD BOOK, 411.000.652.542.900.310.00 55.23 Sales Tax 001.000.650.519.910.310.00 4.53 Sales Tax 411.000.652.542.900.310.00 4.91 Total : 716.47 99151 9/20/2007 063511 OFFICE MAX CONTRACT INC 704863 Office supplies DSD Office supplies DSD 001.000.620.558.800.310.00 379.57 Total : 379.57 99152 9/20/2007 063511 OFFICE MAX CONTRACT INC 723399 INV#723399 ACCT#520437 250POL 10 CASES BOISE X-9 PAPER 001.000.410.521.100.310.00 284.40 10 PACK OF INVISIBLE TAPE 001.000.410.521.100.310.00 22.29 POCKET MEMO BOOKS - 2 DOZEN 001.000.410.521.100.310.00 10.42 Sales Tax 001.000.410.521.100.310.00 28.22 Total : 345.33 99153 9/20/2007 063511 OFFICE MAX CONTRACT INC 466631 OFFICE SUPPLIES PAPER CLIPS, STENO PADS 001.000.640.574.100.310.00 17.65 Sales Tax 001.000.640.574.100.310.00 1.21 Total : 18.86 99154 9/20/2007 063511 OFFICE MAX CONTRACT INC 724736 Highlighters Page: 21 Packet Page 36 of 81 vchlist Voucher List Page: 22 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99154 9/20/2007 063511 OFFICE MAX CONTRACT INC (Continued) Highlighters 001.000.220.516.100.310.00 3.08 Paper - CSD, HR, MY 001.000.610.519.700.310.00 14.82 Paper - CSD, HR, MY 001.000.220.516.100.310.00 14.82 Paper - CSD, HR, MY 001.000.210.513.100.310.00 14.82 Service Charge 001.000.220.516.100.310.00 3.95 Sales Tax 001.000.220.516.100.310.00 1.59 Sales Tax 001.000.610.519.700.310.00 1.32 Sales Tax 001.000.210.513.100.310.00 1.32 Total : 55.72 99155 9/20/2007 063511 OFFICE MAX CONTRACT INC 759638 Labels, paper, rubbberbands & footre Labels, paper, rubbberbands & footre 001.000.310.514.230.310.00 83.35 Sales Tax 001.000.310.514.230.310.00 7.42 Total : 90.77 99156 9/20/2007 063511 OFFICE MAX CONTRACT INC 822702 Office supplies Council Office Office supplies Council Office 001.000.110.511.100.310.00 105.52 Total : 105.52 99157 9/20/2007 063511 OFFICE MAX CONTRACT INC 840764 ADMIN SUPPLIES office supplies 001.000.510.522.100.310.00 192.97 Sales Tax 001.000.510.522.100.310.00 17.17 Page: 22 Packet Page 37 of 81 vchlist Voucher List Page: 23 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # 99157 9/20/2007 063511 063511 OFFICE MAX CONTRACT INC (Continued) 99158 9/20/2007 026560 PACIFIC AMERICAN COMMERCIAL CO 37219 99159 9/20/2007 066339 PACIFIC OFFICE AUTOMATION 4I:S 11-M 7_\ 01240 2 2_1 I►1 a i• I slewKea I 1130 99161 9/20/2007 071783 PIGSKIN UNIFORMS 337304 .'.'Tifi[�cTil IIF-81 Description/Account Total : WATER/SEWER - CLEAN, SVC, TE; WATER/SEWER - CLEAN, SVC, TE; 411.000.654.534.800.480.00 WATER/SEWER - CLEAN, SVC, TE; 411.000.655.535.800.480.00 Sales Tax 411.000.654.534.800.480.00 Sales Tax 411.000.655.535.800.480.00 Total Copier Maint. for PW- Copier Maint. for PW- 001.000.650.519.910.480.00 COLOR COPY FEES = 489- 001.000.650.519.910.480.00 Sales Tax 001.000.650.519.910.480.00 Total PAINT SUPPLIES BASE PAINT, ETC. 001.000.640.576.800.310.00 Sales Tax 001.000.640.576.800.310.00 Total 1►DEE1iIF-10:47L[001Big:7DIEM" _\►AIW, Amount 210.14 144.23 144.23 12.84 12.83 314.13 210.90 43.52 22.64 277.06 35.35 3.14 38.49 Page: 23 Packet Page 38 of 81 vchlist Voucher List Page: 24 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99161 9/20/2007 071783 PIGSKIN UNIFORMS (Continued) K-9 JUMPSUITS 001.000.410.521.260.240.00 600.00 NAME PATCHES FOR JUMPSUITS 001.000.410.521.260.240.00 15.00 Freight 001.000.410.521.260.240.00 18.00 Sales Tax 001.000.410.521.260.240.00 51.66 Total : 684.66 99162 9/20/2007 064552 PITNEY BOWES 3833100-SP07 DM1000 MAILING SYS & DIMENSIC 250-00169 DM 1000 Mailing System and- 001.000.250.514.300.450.00 866.00 Total : 866.00 99163 9/20/2007 029117 PORT OF EDMONDS 0003870 CITY OF EDMONDS STORMWATEF Pier Electricity for AUGUST 07 001.000.640.576.800.470.00 11.66 Stromwater Rent & Leasehold tax- 411.000.652.542.900.450.00 472.83 04371 UNIT F1 B1 FUEL Fire Boat - Fuel 511.000.657.548.680.320.00 350.51 Total : 835.00 99164 9/20/2007 065105 PORT SUPPLY 3603 UNIT 16 - DELO OIL UNIT 16 - DELO OIL 511.000.657.548.680.310.00 23.58 Sales Tax 511.000.657.548.680.310.00 2.10 3848 UNIT M16 - CLIP HOLDING BRACKI UNIT M16 - CLIP HOLDING BRACKE 511.000.657.548.680.310.00 10.76 Sales Tax 511.000.657.548.680.310.00 0.96 Page: 24 Packet Page 39 of 81 vchlist Voucher List Page: 25 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99164 9/20/2007 065105 065105 PORT SUPPLY (Continued) Total : 37.40 99165 9/20/2007 066139 PREMIUM MARKETING 9/12/2007 INV DATED 9/12/07 EDMONDS PD SHARP LC-52D62U LCD TELEVISIC 001.000.410.521.400.350.00 2,750.00 King County Sales Tax 001.000.410.521.400.350.00 242.00 Total : 2,992.00 99166 9/20/2007 069685 PRO -VAC 070816-003 WADE JADE- TV EXISTING STORK/ WADE JADE- TV EXISTING STORK/ 001.000.651.519.920.480.00 876.25 Sales Tax 001.000.651.519.920.480.00 77.99 Total : 954.24 99167 9/20/2007 030780 QUIRING MONUMENTS INC 80864 INSCRIPTION SHUTTER/NICHE INSCRIPTION:- 130.000.640.536.200.340.00 79.00 80865 INSCRIPTION SHUTTER/NICHE INSCRIPTION:- 130.000.640.536.200.340.00 75.00 81339 MARKER MARKER: GIDNER 130.000.640.536.200.340.00 844.00 Total : 998.00 99168 9/20/2007 071879 RAMAY, RICHARD AND CHRISTINA 4-18025 00633-001238474-001 UB REFUND 00633-001238474-001 UB Refund Ri 411.000.000.233.000.000.00 32.43 Total : 32.43 99169 9/20/2007 071881 RAMIREZ, FRANCISCO & CYNTHIA 3-46175 RE: #20325748-408 JDJ UTILITY RE RE: #20325748-408 JDJ Utility Refur 411.000.000.233.000.000.00 55.49 Total : 55.49 Page: 25 Packet Page 40 of 81 vchlist Voucher List Page: 26 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99170 9/20/2007 068483 RH2 ENGINEERING INC 45602 E3JC.Services thru 08/26/07 E3JC.Services thru 08/26/07 412.100.630.594.320.650.00 3,852.75 Total : 3,852.75 99171 9/20/2007 065708 SCCIT 10016258 2007 Dues 2007 Dues 001.000.620.532.200.490.00 350.00 Total : 350.00 99172 9/20/2007 071888 SHAW, VICTORIA SHAW0907 REFUND REFUND FOR WRITE ON THE SOU 001.000.000.239.200.000.00 153.00 Total : 153.00 99173 9/20/2007 071880 SILVER CITY CONSTRUCTION INC 3-02765 RE: 7-0708-009 UB REFUND RE: 7-0708-009 UB Refund SILVER 411.000.000.233.000.000.00 60.09 Total : 60.09 99174 9/20/2007 036955 SKY NURSERY 265262 ASSORTED PLANTS PLANTS FOR CITYWIDE BEAUTIFI( 125.000.640.594.750.650.00 402.50 Sales Tax 125.000.640.594.750.650.00 35.82 265263 PLANTS ASSORTED PLANTS/FLOWERS 125.000.640.594.750.650.00 212.24 Sales Tax 125.000.640.594.750.650.00 18.89 Total : 669.45 99175 9/20/2007 065803 SKYHAWKS SPORTS ACADEMY 238725515 SPORTS CAMPS SKYHAWKS VOLLEYBALL, BASKET 001.000.640.575.520.410.00 13,627.79 Total : 13,627.79 Page: 26 Packet Page 41 of 81 vchlist Voucher List Page: 27 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99176 9/20/2007 037300 SNO CO FIRE CHIEFS ASSN. 282 ADMIN MISC 2008 dues 001.000.510.522.100.490.00 150.00 Total : 150.00 99177 9/20/2007 037375 SNO CO PUD NO 1 2400010746 LIFT STATION #10 LIFT STATION #10 411.000.655.535.800.470.00 127.48 2410016253 LIFT STATION #2 LIFT STATION #2 411.000.655.535.800.470.00 49.41 2880027277 SEAVIEW RESERVOIR SEAVIEW RESERVOIR 411.000.654.534.800.470.00 29.26 3350014902 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 40.63 3970013581 SCHOOL FLASHING LIGHT SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 28.28 Total : 275.06 99178 9/20/2007 037375 SNO CO PUD NO 1 2450016544 UTILITY BILLING 18500 82ND AVE W 001.000.640.576.800.470.00 68.95 3430013627 OLYMPIC BEACH FISHING PIER OLYMPIC BEACH FISHING PIER 001.000.640.576.800.470.00 382.69 3570014369 UTILITY BILLING 8030 185TH ST SW 001.000.640.576.800.470.00 123.17 5070014245 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.640.576.800.470.00 29.26 Total : 604.07 Page: 27 Packet Page 42 of 81 vchlist Voucher List Page: 28 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99179 9/20/2007 065910 SNOCOM 911 COMMUNICATIONS 402 Q4-07 Quarterly Services Q4-07 Quarterly Services 001.000.410.528.600.510.00 130,342.28 Q4-07 Quarterly Services 001.000.510.528.600.510.00 46,550.81 Q4-07 Quarterly Services 411.000.654.534.800.510.00 4,655.08 Q4-07 Quarterly Services 411.000.655.535.800.510.00 4,655.08 Total : 186,203.25 99180 9/20/2007 070677 SPRINT AUG7-SEPT6 2007 INV#AUG7-SEPT6 2007 ACCT#062C 2 DATA CARDS 001.000.410.521.220.420.00 102.64 Total : 102.64 99181 9/20/2007 039775 STATE AUDITOR'S OFFICE L66684 AUG 07 AUDIT FEES 08/07 Audit Fees 001.000.390.519.900.510.00 574.65 08/07 Audit Fees 411.000.652.542.900.510.00 23.94 08/07 Audit Fees 411.000.654.534.800.510.00 95.78 08/07 Audit Fees 411.000.655.535.800.510.00 95.78 08/07 Audit Fees 411.000.656.538.800.510.00 95.78 08/07 Audit Fees 111.000.653.543.300.510.00 23.94 08/07 Audit Fees 511.000.657.548.680.510.00 47.88 Total : 957.75 99182 9/20/2007 071575 STEROCYCLE INC 0004138860 INV#0004138860 CUST#6076358 El MINIMUM MONTHLY SERVICE FEE 001.000.410.521.910.410.00 10.36 Page: 28 Packet Page 43 of 81 vchlist 09/20/2007 11:07:31AM Voucher List City of Edmonds Page: 29 Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99182 9/20/2007 071575 071575 STEROCYCLE INC (Continued) Total : 10.36 99183 9/20/2007 040430 STONEWAY ELECTRIC SUPPLY 159404 CITY HALL - ELECT SUPPLIES FOF CITY HALL - ELECT SUPPLIES FOF 001.000.310.518.880.350.00 216.50 Sales Tax 001.000.310.518.880.350.00 19.27 164356 FISHING PIER - ELECT SUPPLIES FISHING PIER - ELECT SUPPLIES 001.000.651.519.920.310.00 518.40 Sales Tax 001.000.651.519.920.310.00 46.14 165953 FAC - ELECT SUPPLIES FAC - ELECT SUPPLIES 001.000.651.519.920.310.00 487.96 FS 20 - ELECT SUPPLIES 001.000.651.519.920.310.00 110.32 Sales Tax 001.000.651.519.920.310.00 53.25 165954 CITY PARKS BLDG - ELECT SUPPL CITY PARKS BLDG - ELECT SUPPL 001.000.651.519.920.310.00 88.35 Sales Tax 001.000.651.519.920.310.00 7.86 Total : 1,548.05 99184 9/20/2007 071577 TAYLOR, KATHLEEN 1013 Consultant Serv. 9/5 - 9/12/07 Consultant Serv. 9/5 - 9/12/07 001.000.620.558.600.410.00 1,690.00 Total : 1,690.00 99185 9/20/2007 040916 TC SPAN AMERICA 40917 UNIFORMS Page: 29 Packet Page 44 of 81 vchlist Voucher List Page: 30 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99185 9/20/2007 040916 TC SPAN AMERICA (Continued) ALS sweatshirts 001.000.510.526.100.240.00 108.00 OPS sweatshirts 001.000.510.522.200.240.00 108.00 Sales Tax 001.000.510.526.100.240.00 9.62 Sales Tax 001.000.510.522.200.240.00 9.61 Total : 235.23 99186 9/20/2007 009350 THE DAILY HERALD COMPANY 1534024 NEWSPAPER AD Shapiro/Valhalla Rezone 001.000.250.514.300.440.00 189.36 Total : 189.36 99187 9/20/2007 009350 THE DAILY HERALD COMPANY 1532614 Legal Notice - S-07-53 (McCormick) Legal Notice - S-07-53 (McCormick) 001.000.620.558.600.440.00 15.84 1532623 Legal Notice - S-07-58 (Michel) Legal Notice - S-07-58 (Michel) 001.000.620.558.600.440.00 15.84 1532624 Legal notice - S-07-57 (Michel) Legal notice - S-07-57 (Michel) 001.000.620.558.600.440.00 18.72 1532976 Legal Notice - ADB 07-61 (Michel) Legal Notice - ADB 07-61 (Michel) 001.000.620.558.600.440.00 18.72 1532979 Legal Notice AMD -07-15 City Legal Notice AMD -07-15 City 001.000.620.558.600.440.00 17.28 1533282 Legal Notice - ADU 2007-55 Wingenk Legal Notice - ADU 2007-55 Wingenk 001.000.620.558.600.440.00 16.56 Total : 102.96 Page: 30 Packet Page 45 of 81 vchlist Voucher List Page: 31 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99188 9/20/2007 068249 TRAUTMANN MAHER & ASSOCIATES 8/31/07 MEBT 2 services - through 8/31/07 MEBT 2 services - through 8/31/07 001.000.220.516.100.410.00 133.73 9/7/07 MEBT plan charges (8/16 - 8/31/07) MEBT plan charges (8/16 - 8/31/07) 001.000.220.516.100.410.00 54.00 Total : 187.73 99189 9/20/2007 011900 VERIZON NORTHWEST 425-776-1281 LIBRARY ELEVATOR PHONE LIBRARY ELEVATOR PHONE 001.000.651.519.920.420.00 45.57 425-AB9-0530 1ST & PINE CIRCUIT LINE PT EDW 1 st & Pine Circuit Line for Pt Edward: 411.000.655.535.800.420.00 40.40 Total : 85.97 99190 9/20/2007 011900 VERIZON NORTHWEST 425-744-1681 SEAVIEW PARK IRRIGATION MODI SEAVIEW PARK IRRIGATION MODI 001.000.640.576.800.420.00 45.57 425-744-1691 SIERRA PARK IRRIGATION MODE SIERRA PARK IRRIGATION MODEIN 001.000.640.576.800.420.00 44.92 425-775-1344 BEACH RANGER PHONE @ FISHIN BEACH RANGER PHONE @ FISHIN 001.000.640.574.350.420.00 54.79 425-775-2645 YOST POOL YOST POOL 001.000.640.575.510.420.00 286.15 425-776-5316 GROUNDS MAINTENANCE FAX MC GROUNDS MAINTENANCE FAX MC 001.000.640.576.800.420.00 107.24 Total : 538.67 99191 9/20/2007 067865 VERIZON WIRELESS 206-706-3334 C/A 370106564-00002 Cell Phone Jim Stevens 001.000.651.519.920.420.00 49.98 Page: 31 Packet Page 46 of 81 vchlist Voucher List Page: 32 09/20/2007 11:07:31AM City of Edmonds Bank code : front Voucher Date Vendor Invoice PO # Description/Account Amount 99191 9/20/2007 067865 VERIZON WIRELESS (Continued) 464229910-1 206-999-9374 sewer lead cell phone 411.000.655.535.800.420.00 68.05 469985965-1 425-870-0617 Cell phone -Jim Waite 411.000.655.535.800.420.00 35.76 Cell phone -Jim Waite 411.000.654.534.800.420.00 35.76 570091643-00001 CELL PHONE -STREET LEAD CELL PHONE -STREET LEAD 111.000.653.542.900.420.00 35.70 964212899-00001 206-947-3220 cell phone water quality 411.000.654.534.800.420.00 39.32 Total : 264.57 99192 9/20/2007 065035 WASHINGTON STATE PATROL 108019630 INV# 108019630 EDMONDS PD BACKGROUND CHECKS - 08/07 001.000.000.237.100.000.00 120.00 Total : 120.00 99193 9/20/2007 070796 WEED GRAAFSTRA & BENSON INC PS 4181-01 M UNIT 815 - LEGAL REVIEW FOR W UNIT 815 - LEGAL REVIEW FOR W 511.000.657.548.680.490.00 397.75 Total : 397.75 100 Vouchers for bank code : front Bank total : 443,026.77 100 Vouchers in this report Total vouchers : 443,026.77 Page: 32 Packet Page 47 of 81 AM-1176 Claim for Damages Edmonds City Council Meeting 2007 Date: Submitted By: Submitted For: Department: Review Committee: S efinn 09/25/2007 Linda Hynd Sandy Chase Time: Consent City Clerk's Office Type: Action Information Subject Title Acknowledge receipt of Claim for Damages from Lora Petso ($1,020.00). Recommendation from Mayor and Staff Acknowledge receipt of Claim for Damages. Previous Council Action Not applicable. Narrative A Claim for Damages has been received from the following individual: Lora Petso 10616 237th Place SW Edmonds, WA. ($1,020.00.) Fiscal Impact Attachments Link: Petso Claim for Damages Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 09/19/2007 01:47 PM APRV 2 Mayor Gary Haakenson 09/19/2007 02:30 PM APRV 3 Final Approval Sandy Chase 09/19/2007 02:32 PM APRV Form Started By: Linda Started On: 09/19/2007 01:26 Hynd PM Final Approval Date: 09/19/2007 2.D. Packet Page 48 of 81 IXECEIVED 1 Phone#: Passengers: Name: Address: CITY OF EDMONDS SEP 19 2007 CLAIM FOR DAMAGES- FORM E 0 tiff RK eceived by City Please take note that ��� who resides at mailin address home phone # 20,!g 5;Ilzl phone # Sri claiming damages against in the sum of $ f Z arising out of the following circumstances listed below. DATE OF OCCURRENCE: <e 9/ �. oln Ae i-- -2-r1O 7 TIME: LOCATION OF OCCURRENCE: DESCRIPTION: 1.. Describe occurrence explaining the nature of the defects or acts of negligence causing damages. (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 4 Hnacn copies of all aocumentation,relating to e�cpenses, injuries, losses, and/or estimatef for repair. CAQ d Have you submitted a claim for damages to your insurance company? Yes --X— No If so, please provide the name of the insurance company: and the policy #: * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * License Plate t Type Auto: — (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Name: Address: Driver License # Packet Page 49 of 81 * *.NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED h� being first duly sworn, depose and saythat. I am the claimant t for the above described; that I have read the above claim, know the contents thereof and believe the same to be true. State of Washington County of , X X Signature of Claimant(s) I certify that 1 know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: `] t`'1tO .. O ` Sig a ure �-- � �v� �\ M� io �1 ' �° NOTq Titl Al My appointment expires ._ -0 7 \ Co ; . ,c M LIC o�tt,�� wA SH\NA(2 t 1 i t Packet Page 50 of 81 ED A tt °mod 'l h City of Edmonds 121 5th Ave. North Edmonds, WA 98020-3163 j4C. 189� INVOICE RGP-70064 LORA PETSO 10616 237TH PLACE SW AMOUNT PAID EDMONDS, WA 98020 MAKE CHECKS PAYABLE TO THE CITY OF EDMONDS PLEASE DETACH AND RETURN WITH YOUR REMITTANCE CITY OF EDMONDS ACCOUNTING DIVISION (425) 771-0240 MISC RECEIVABLES Verbatim Transcripts for Woodway Plat Appeal (AP-07-3; P-07017) Total Amount Due: .CEIED SEP 19 2007 E➢mons ciTY CLERK 1,020.00 1,020.00 ACCOUNT NO. Petso PAYABLE UPON RECEIPT 1,020.00 Please Remit to: CITY OF EDMONDS 121 5TH AVE. NORTH EDMONDS, WA 98020-3163 Packet Page 51 of 81 AM-1179 Findings Petso Burnstead Preliminary Plat Appeal Edmonds City Council Meeting 2007 Date: Submitted By: Department: Review Committee: Action: 09/25/2007 Duane Bowman Development Services Tnfnrm atinn Time: Consent Type: 2.E. Subject Title Approval of Findings of Fact related to the Closed Record Review held on 08/28/07 and 09/18/07 regarding the appeal of the Hearing Examiner's approval of a 27-lot Preliminary Plat (Woodway Plat) located at 23700 104th Avenue West. (Appellant: Lora Petso/Applicant: Burnstead Construction/File No. P-07-17 and PRD-07-18) Recommendation from Mayor and Staff Adopt the proposed findings of fact. Previous Council Action The City Council held a closed record review on this matter on August 28, 2007 and continued their deliberations to September 18, 2007. The City Council voted to uphold the Hearing Examiner's decision and directed the City Attorney to prepare the necessary findings of fact. Narrative Attached are the draft findings of fact for consideration by the City Council. Link: Exhibit 1 - Draft Findings of Fact Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Duane Bowman Final Approval Date: 09/20/2007 Fiscal Impact AttnehmPntc Form Routing/Status Approved By Date Status Sandy Chase 09/20/2007 08:37 AM APRV Gary Haakenson 09/20/2007 10:27 AM APRV Sandy Chase 09/20/2007 10:36 AM APRV Started On: 09/20/2007 08:00 AM Packet Page 52 of 81 BEFORE THE EDMONDS CITY COUNCIL In RE the Appeal of: File Nos: P-07-17 AP-2007-0003 Lora Petso This matter came before the Edmonds City Council on August 28, 2007 as a closed - record appeal of the Hearing Examiner's underlying decision with respect to applicant Burnstead Construction Co.'s preliminary plat proposal. The City Council heard argument from the parties and continued the deliberative phase of the proceeding until September 18, 2007. FINDINGS AND CONCLUSIONS For its findings of fact and conclusions of law, the City Council hereby adopts by reference the decision of the City of Edmonds Hearing Examiner dated July 20, 2007 as fully as if set forth herein. A copy of the Hearing Examiner's decision was designated as Exhibit 2 in the record of the proceeding before the City Council. The City Council hereby makes the following additional findings and conclusions based upon the Hearing Examiner's decision and the relevant record: 1. As conditioned, the applicant's preliminary plat proposal satisfies the City's code, specifically including but not limited to the relevant criteria set forth at Chapter 20.75 ECDC. 2. As conditioned, the applicant's preliminary plat proposal satisfies the criteria enumerated in RCW 58.17.110. The proposal makes appropriate provisions for the public health, safety and general welfare, open space and recreation, drainage, streets and transportation, water and sewer utilities, schools and all other relevant concerns. 3. As conditioned, the applicant's proposal is consistent with the City's Comprehensive Plan. 4. This matter, specifically including the instant appeal, has been processed in material compliance with applicable City procedures. 5. The City Council construes Condition No. 1 (page 36) of the Hearing Examiner's decision as conditioning approval of the applicant's preliminary plat upon ultimate approval of the applicant's corrolary Planned Residential Development (PRD) application. By this reference, the City Council clarifies that approval of the applicant's plat as proposed is in fact expressly contingent upon PRD approval. DECISION {JZL673657.DOC;1/00006.900000/1 Packet Page 53 of 81 The appellant has not demonstrated that the Hearing Examiner's decision was erroneous. For the reasons set forth above and in the Hearing Examiner's July 20, 2007 decision, the City Council denies the appellant's appeal and AFFIRMS the decision of the Hearing Examiner. DONE this day of , 2007. CITY OF EDMONDS am ATTEST/AUTHENTICATED: M. Sandra S. Chase, City Clerk APPROVED AS TO FORM: an W. Scott Snyder, City Attorney Mayor Gary Haakenson {JZL673657.DOC;1/00006.900000/1 Packet Page 54 of 81 AM-1175 Asphalt Grinding Machine for the Public Works Department Edmonds City Council Meeting 2007 Date: 09/25/2007 Submitted By: Kim Karas Submitted For: Noel Miller Time: Consent Department: Public Works Type: Action Review Committee: Finance Action: Approved for Consent Agenda Information Subject Title 2.F. Proposed Resolution waiving the City's procurement procedures in order to purchase an Asphalt Grinding Machine for the Public Works Department and authorization to purchase such equipment from Asphalt Zipper, Inc. in the amount of $79,950.00 plus applicable sales tax. Recommendation from Mayor and Staff Authorize the Proposed Resolution waiving the City's procurement procedures in order to purchase an Asphalt Grinding Machine for the Public Works Department and authorize the purchase such equipment from Asphalt Zipper, Inc. in the amount of $79,950.00 plus applicable sales tax. Previous Council Action At the September 11, 2007 Finance Committee meeting, a request was reviewed from Public Works to purchase a "Zipper" grinder for use on Edmonds City streets. After reviewing safety and other rationale the Committee voted to forward this item to the full Council for their consideration. This equipment was not budgeted in the 2007-2008 budget. Narrative The Public Works Department is requesting the authorization to purchase an asphalt grinding device called a "Zipper". This machine is used for open trench work requiring the removal of the paved surface to do underground work such as storm system and water main installation and/or repairs. The machine will mount to the bucket of the front end loader as well as either of the backhoes that Public Works already has in its fleet. The Zipper pulverizes the asphalt creating a usable material suitable for road base and filling potholes in alleyways. The following points are reasons to consider allowing this expenditure: e Labor savings are significant in comparison to the current methods of saw cutting, jack hammering, hauling and disposal of the asphalt pavement. • The environmental impacts would be reduced. The ground pavement can be stockpiled and reused for a temporary trench patch. Thus the need for the use of cold mix asphalt which is now considered hazardous waste and costly to dispose of can be reduced significantly. Packet Page 55 of 81 • The equipment should significantly decrease the use of jackhammers. Jackhammers have the highest incident of back injuries than any other worker activity in Public Works. As a result, the city should anticipate a reduction in L & I premiums. Public Works estimates that the equipment would be used on average of approximately four (4) hours per week, throughout the year for drainage, water and sewer repairs and installation. This equates to five (5) full weeks per year, which results in an estimated annual savings of $17,660.00. Another savings of approximately $8,000.00 per year is realized in the elimination of the hauling and disposal of asphalt pavement and the hauling and disposal of the temporary cold mix patch material. At a total annual savings of $25,660.00, the estimated payback for the Zipper at a cost of $87,065 including sales tax is 3.4 years. Council should also be aware that this equipment is proprietary so staff will not be able to obtain quotes from other vendors. However, based upon the overall cost savings to the City, it appears to be in the public's best interest to purchase this equipment on a sole source basis. Fiscal Impact Fiscal Year: 2007 Revenue: $87,065.00 Expenditure: $87,065.00 Fiscal Impact: Utilize the Combined Utility Fund 411 End Cash Balance. Attachments Link: Sole Source Purchase Resolution Link: Asphalt Zipper Quotation & Information Link: Finance Committee Meeting Minutes 9-11-07 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 09/20/2007 11:53 AM APRV 2 Mayor Gary Haakenson 09/20/2007 11:56 AM APRV 3 Final Approval Sandy Chase 09/20/2007 01:18 PM APRV Form Started By: Kim Karas Final Approval Date: 09/20/2007 Started On: 09/19/2007 11:29 AM Packet Page 56 of 81 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DECLARING THE PURCHASE OF ASPHALT GRINDING EQUIPMENT TO BE APPROPRIATE FOR SOLE SOURCE PROCUREMENT AND APPROVING THE USE OF SUCH PROCESS. WHEREAS, the City's purchasing policies and procedures require competitive bids for procurement of goods and services exceeding $5,000 in cost, and, WHEREAS, it is prudent for the City to modernize its construction equipment, and the City has identified the Asphalt Zipper bucket -mounted portable asphalt pulverizing/recycling/ trenching machine as a necessary purchase; and; WHEREAS, such equipment has been demonstrated to provide an overall cost savings which will be realized by the City's combined utility rate payers, and WHEREAS, the City staff has recommended that from an operational standpoint, the City utilized labor savings equipment throughout the Stornnwater, Water and Sewer utilities in order to reduce the capital cost of construction, and WHEREAS, the City has diligently researched the relevant market, has identified Asphalt Zipper, Inc. as the sole regional supplier of the desired equipment, and has obtained assurances from the supplier that the equipment has been offered for sale to the City at the lowest available price, and WHEREAS, advertising for bids under these circumstances would yield no bidders and would needlessly waste the administrative and financial resources of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section I The City Council finds that the proprietary nature and exclusive availability of this asphalt grinding equipment create special market standards and conditions which justify the use of sole source procurement of this asphalt grinding equipment and that the price charged the City is consistent with the lowest price offered by the equipment vendor for other similarly situated customers. RESOLVED this day of , 2007 MAYOR, GARY HAAKENSON Resolution far Asphalt Zipper 09 ?0-07 Page] of2 Packet Page 57 of 81 ATTEST/AUTHENTICATED: CITY CLERK, SANDY S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. APPROVED AS TO FORM: City Attorney Resolution for Asphalt Zipper 09-20-07 Page 2 of Packet Page 58 of 81 C R8j n 'a C� f7� Gy,b rs�ro� O C r� sa a 's:1 n ro mA ;��� n iy ��r' c n a ra S P y, �' •' `% tv y b rn ip C i' '� .� C_: G .[❑D CW] N ,,, p p y ss sa y7 ❑' fl }� b en `< — m n 0'� d r �C 4 Cl f d .d ,t to AC .� sA rV -n P N� 'ynSG ❑ n❑ 0 N ❑a m > a © ➢ % - m CC© w _CD - tmd ❑ a n0.0 0 '7 C CL .-I0 TO � n R. M b c�a. Cps. �. In w' RD n .r Er � � Cr �. ra G p C n p O d sw .Ly-. i4 ... b to C �. C rn N. ro� R. 0 n� O" ^� N 'Cl '� r-� N r ..= O �- Z: d N (i7 M n ❑ .G= C G P `G K a '� O l7 U❑'J p Cjl O r p,,��,Y[ .e� ❑ ❑ p V. Off. ID �C Q. o n a a b b Packet Page 59 of 81 Asphalt Zipper, Inc. 310 West 700 South Pleasant Grove, UT 84062 tel: 1-888-ZIPPER-8 (947-7378), fax: 801-772-0909 PROPOSAL*!ORDER CONFIRMATION Today's Date: 9/5/2007 Customer: City of Edmonds Tel: 425-771-0235 Address: 7110 210 St, SW Fax: 425-744-6057 city, state, zip: Edmonds, WA 98026 Contact: Chuck Hiatt Inside Rep: Shane Beck Outside Rep: Bill Smvthe Qty Item Description Cost Extended 1 AZ-300 AZ-360HD Asphalt Zipper AZ-300 (up to 30" Cut), John Deere 99HP TD engine (Tier 2), Trailer, spraybar, extra bits, blocks & slide -hammer $ 79 950.00 $ 79,950.00 Z 480HL) AZ-500 bit puller (Delivery Included) t t3" cut 1 30" Cut ZL - 30 " Cutter Head Included Included a 1 t;' Extra Ctrl 2.1" Ektra Ciil 30" E'%un !-ul "b" E—,tra Cut .!8" F Ito 1 ut ILL. E3il< Ells Blocks r lr.Jks splaybar (:nick Cunrteta' Natar Options +1 Subtotal $ 79,950.00 TOTAL" $ 79e 95Q.00 All prices are in US Dollars. **Plus applicable Sales Tax** Custom Drder Deposit—: CASH FINANCE Customer Signature-, Signature indicates acceptance of Proposal' based on satisfactory performance of the Asphalt Zipper Please Initial Method of Payment Machine. Terms and Conditions 'This Proposal is a Preliminary Estimate; All prices are in US Dollars. Final Sales Price Your subject to approval by Asphalt Zipper Accounting (Proposal valid for 30 days). "Price does NOT include sales tax Initials here or GST(Canada); applicable sales tax or GST will be added to final invoice. Specifications are subject to change at acknowledge you anytime by Asphalt Zipper. Please allow a minimum of 7-14 days for all Custom Orders and Quick Connect Options (a have read and surcharge may apply to Custom Orders). -A Deposit is required for all Custom Orders; Custom Orders are subject to a accept the Terms 5% restocking fee plus any freight charges incurred. and Conditions. Packet Page 60 of 81 September 5, 2007 City of Edmonds Chuck Hiatt 7110 210 St. SW Edmonds, WA 98026 RE: Sole Source Justification for the Purchase of an Asphalt Zipper Machine Dear Mr. Hiatt: Asphalt Zipper, Inc. is the sole manufacturer of the Asphalt Zipper bucket -mounted AZ 300, AZ 360HD, AZ 480HD, AZ 480S, AZ 500 and AZ550 portable asphalt pulverizing 1 recycling / trenching machines. These unique and very capable machines are sold through our sales representatives and exclusive Independent Manufacturers Representatives direct to each customer. Because we sell "factory direct" to the customer, we are able to provide these machines to the end customer at the lowest possible price. The proprietary designs, features and manufacture of all Asphalt Zipper machines are protected by United States Patents and other patents pending to include; U.S. Patents #5388893, #7036252, #7066555 and #7144087 with other U.S. and Canadian patents pending. The vast majority of our customers report complete satisfaction with the capability and affordability of owning and operating their Asphalt Zipper machines. We would be pleased to provide additional information as needed. Sincerely, Shane Beck, Shane Beck Factory Area Manger Asphalt Zipper, Inc. 310 West 700 South, Pleasant Grove, I_ltah 84062 • 1-888-ZIPPER-8 • Fax 801-772-0909 • www.asphaltzipper.corn Packet Page 61 of 81 Asphalt Zipper - Zippers for Municipalities Page 1 of 2 FOR A FREE DEMO CALL 1-888-ZIPPER-8 (1-888-947-7378) Zippers for Municipalities Why Get One? Huge Cost & Time Savings The traditional method of removing asphalt is expensive. Costs incurred through saw cutting, chunking, removing and hauling the asphalt increase job costs and time spent on each job. The Asphalt Zipper® was designed to eliminate all of these steps. With only one run of the Zipper, asphalt is ground into one -inch minus reusable material. No money is spent on multiple machines, flag people or landfill disposal costs. The Zipper is faster and more efficient because it recycles asphalt in -place, ideal for street repairs and utility trenches. Street departments that use the Zipper report savings of 70% and more with a 300 to 400% increase in production! This is like getting a huge increase in your streets budget! "We are using it mainly for base failures in our road. When you have base failures you have something underneath the actual surface of the road itself that is giving way and you have some bad places. The way we were doing it before, the conventional way of digging out, you have trucks you have backhoe; it would take 8-10 guys four to five hours. With the Asphalt Zipper it takes three guys 45 minutes to an hour to do the same project. End results are better because compaction is better. There is no comparison. You can't afford not to have it." Jake Sones, Road Manager Lamar County, Mississippi Increased Productivity The Asphalt Zipper helps municipalities save 70% and more by lowering the cost of each job and speeding up production. The Zipper decreases costs because it eliminates the need to saw cut, chunk, remove and haul asphalt. Because the Zipper replaces the normal processes of asphalt removal, less time and less money is spent on that job When you spend less time and money on a job you have more to use on other jobs. Increase in production of 300- httl?.I¢O?a§phfaqtzipper.conihnunicipalities/ 9/19/2007 Asphalt Zipper - Zippers for Municipalities Page 2 of 2 400% are frequently reported because of the Zipper's speed. "The bids for reclamation in place are running from $1.40 or $1.60 per square yard. With the Zipper, I am doing square yard compaction and reclamation for about 60 cents a yard." Frank Shea, Superintendent of Streets, Willbraham, MA Happier Taxpayers When reclaiming heavily trafficked streets, speed is important to the citizens of the area and when citizens are happy, everyone is happy. The Asphalt Zipper allows you to get into an area and get out quickly because it cuts out all of the most time-consuming steps of the removal process. Because the asphalt is ground into such fine material, traffic can immediately drive over streets that have just been zipped. During repair, no roads are completely unusable, making the asphalt reclaiming process more convenient, creating fewer complaints and happier taxpayers. Being able to repair roads quickly is a necessity. But being able to repair roads permanently for less money is smart. Easy to Use Operating and maintaining the Zipper has been designed to be easy. Crews quickly learn to run it after receiving only an hour of demonstration and hands-on instruction. Because the Zipper is so easy to use, crews actually want to use it because it is fast and saves on labor. Many users report a significant decrease in work -related injuries because the Zipper virtually eliminates many dangerous and labor-intensive tasks such as saw cutting, jackhammering, loading and hauling. Easy to Transport The Zipper comes with a patented EZ connect system, making it possible for the Zipper to attach to the bucket of backhoes or loaders. This system makes it easy to slip the Zipper on and off quickly, freeing up the loader for other uses. Also, because of its size, it can be transported on a trailer behind a standard pick up truck. Because of this maneuverability, multiple crews can use the Zipper at many different sites. litt�.lftV.ft�pl-&Itzipper.comhnunicipalities/ 9/19/2007 FINANCE COMMITTEE MEETING MINUTES September 11, 2007 6:00 PM Present: Councihnember Icon Wambolt Couneilmember Dave Orvis Staff: Kathleen Junglov Debra Sharp Noel Miller Dan Clements Public: Martha Orvis Committee Chair Orvis called the meeting to order at 6:00 PM. Item A: Broadband UB-Date Dan Clements discussed last week's meetings with PacketFront/DynamicCity, and bond counsel frorn Foster Pepper. Of particular interest were technical discussions relating to the two main types of fiber networks: active and passive. Jeff Fishburn, Vice President for Engineering/Americas is scheduled to attend the next CTAC meeting to further review this topic. It was also reported that discussions with P acketFront/Dynami c City and bond counsel about financing a possible network also proceeded quite well. Bond counsel is researching requirements for issuing tax exempt debt for the three business cases under consideration. Iterrr B: Grinding E ui parent Purchase The Committee next reviewed a request from Public Works to purchase a "zipper" grinder for use on streets. After reviewing safety and other rationale the Committee voted to forward this item to the full Council for their consideration. This equipment was not budgeted in the 2007-08 budget. Adjour nnient The meeting was adjourned at 6:15 PM. C:iDOCUMENTS AND SL-TC[NCiSNKARA5ILDCAL SETTINGSI7'EMPORRRY INTERNET FILEStOLK6C219-11-2007 MINUTES-DDC Packet Page 64 of 81 AM-1181 Proclamation for Change a Light Day Edmonds City Council Meeting 2007 Date: Submitted By: Submitted For: Department: Review Committee: 09/25/2007 Linda Carl Gary Haakenson Mayor's Office Time: Consent Type: Information Action: Information Subject Title Proclamation in honor of Change a Light Day, October 3, 2007. Recommendation from Mayor and Staff Previous Council Action Narrative 2.G. Last year the Mayor challenged citizens to change one light in their homes to an energy -efficient bulb to help reduce energy consumption, save money, and lower the city's carbon output. This year, Change a Light Day is on October 3, and again the Mayor is bringing this issue to the citizens of Edmonds and asking that everyone pitch in by making this one small change in their homes. If every home changed just one bulb, it could mean the environmental equivalent of removing 280 cars from our roads and saving enough energy to light 5,306 homes for a year. Link: Proclamation Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Linda Carl Fiscal Impact Attnehmontc Form Routing/Status Approved By Date Status Sandy Chase 09/20/2007 10:57 AM APRV Gary Haakenson 09/20/2007 11:05 AM APRV Sandy Chase 09/20/2007 01:19 PM APRV Started On: 09/20/2007 10:48 AM Final Approval Date: 09/20/2007 Packet Page 65 of 81 lirlartamattian City of Edmonds 0 Office of the Mayer Change a Light Day October 3, 2007 Whereas, The ENERGY STARO Clixiov a Light, ChatW the World cainpaig-n is a national call -to -action from die U.S. Department of Energy, the U.S. Environmental Protection Agency, and die U.S. Department of Housing and Urban Development to encourage everyone to help cliange the world one Jiglit one energy -saving step --at a time; and Whereas, at the heart of die Change a Fight campaign is a pledge for individuals to cominit to being snore energy efficient by switching one light bulb in their liorne to an ENERGY STAR -qualified one; and Whereas, since die 2005 campaign launched with an online pledge inviting people to commit to cliarige at least one light in, their lionxe, more than 850,000 Americans have pledged to change nearly 2 million lights —and this number is growing daily; and Whereas, die City of Edmonds is cornnhitted to energy efficiency ruhd has already taken many steps to help protect our environment; energy efficiency saves consumers and businesses money, and it helps protect die environment by reducing greenhouse gas emissions and air pollution; and Whereas, if every single person in Edmonds changed one light bulb to an energy -efficient one, we would save 11,143,230 kWh of energy and 17,584,175 pounds ofgreenliouse gas emissions, which is die environmental equivalent of removing 280 cars from the road and enough energy to light 5,306 homes for a year; and Whereas, die City of Edmonds is proud to do our part in this nationwide effort by celebrating this day to promote- energy efficiency and environmental stewardship in our community. Now, therefore, I, Gary Haakenson, Mayor of the City of Edmonds, proclaiihh Wednesday, October 3, 2007 as Change a Light Day Mn Edmonds and encourage tie citizens to join me in making this pledge to changc one light bulb in their lioanes: Gary Hats nso�n, Mayor September 20, 2007 Packet Page 66 of 81 AM-1177 Proclamation for Arts & Humanities Month Edmonds City Council Meeting 2007 Date: Submitted By: Submitted For: Department: Review Committee: Action: 09/25/2007 Linda Carl Gary Haakenson Mayor's Office Information Time: 10 Minutes Type: Information Subject Title Proclamation in honor of Arts and Humanities Month. Recommendation from Mayor and Staff Previous Council Action Narrative 3. The value and importance of culture in the lives of Americans and the health of thriving communities has been celebrated for over two decades through the proclamation at national, state, and local levels of Arts and Humanities Month in October. The proclamation commemorates the efforts of millions of people in our country, including the many arts organizations and individuals in Edmonds who work to make the arts and humanities a part of everyone's life while contributing to our economic vitality and enhancing education for our youth. Edmonds is known as a community that supports the arts and many talented cultural organizations call Edmonds their home - including the Cascade Symphony, Driftwood Theater, Edmonds Arts Festival and Arts Festival Foundation, Edmonds Center for the Arts, Edmonds Historical Museum, Gallery North, and the Olympic Ballet Theatre. The City of Edmonds Arts Commission works on behalf of the City to foster the literary, performing and visual arts with such programs as the free Summer Concerts, the Write on the Sound writers' conference in October, public art and ongoing exhibits by regional artists. The proclamation is an opportunity to urge citizens to reflect on the benefits of the arts to Edmonds and the many opportunities to experience a broad array of cultural events throughout October and all year long. Following the proclamation a brief presentation will be made by the Cultural Services Manager on highlights from a recent national study on Arts and Economic Prosperity. Link: Proclamation Link: Arts & Economic Prosperity Pg 1 Link: Arts & Economic Prosperity Pjg 2 Route Seq Inbox Fiscal Impact Attachmpntc Form Routing/Status Approved By Date Status Packet Page 67 of 81 City Clerk Sandy Chase 09/19/2007 04:20 PM APRV Mayor Gary Haakenson 09/20/2007 10:27 AM APRV Final Approval Sandy Chase 09/20/2007 10:36 AM APRV Form Started By: Linda Carl Final Approval Date: 09/20/2007 Started On: 09/19/2007 04:13 PM Packet Page 68 of 81 jjrvrlamatlo� U City of Edmonds • Office of the Mayor * � Arts & Humanities Month October 2007 National Arts and Humanities WHEREAS, The arts and humanities enhance and enrich the lives of all Americans; and Month WHEREAS the month of October has been desig nated as National Arts and Humanities October Month by the U.S. Conference of Mayors, the White House, Congress, and many state and local agencies for more than two decades; and WHEREAS, the arts and humanities play a unique role in every aspect of life, including the economy, social problem -solving, job creation, education, creativity and community livability; and WHEREAS, the nonprofit arts industry strengthens our local and national economy; and WHEREAS, the City of Edmonds supports the arts through the Edmonds Arts Commission and its vital partnerships with local cultural organizations, businesses, and educational institutions; and WHEREAS, the City of Edmonds recognizes the contributions in the visual, performing, and literary arts of the numerous cultural organizations in our community. NOW, THEREFORE, I, Gary Haakenson, Mayor, do hereby proclaim October 2007 as National Arts & Humanities Month in Edmonds and call upon our citizens to participate in one of the many cultural events in Edmonds during October, including: • Stroll through town at the Third Thursday Art Walk or see an art exhibit at the Edmonds Arts Festival Gallery • Hone your literary skills at Write on the Sound writers' conference • Bring the family to "Sleepy Hollow" at the Wade James Theater on the National Night of Free Theater • Enjoy the guest cellist at the Cascade Symphony performance or experience danielandsomesuperfriends performing original dance at the Edmonds Center for the Arts • See a play by the new Edmonds Repertory Theatre • Take a walking tour of Public Art or Historic Sites • Purchase some well -loved books at the Friends of the Library book sale. Packet Page 69 of 81 In my own philanthropy and business endeavors, I have seen the critical role that the arts play in stimulating creativity and in developing vital communities. As this study indicates, the arts have a crucial impact on our economy and are an important catalyst for learning, discovery, and achievement in our country. PAUL G. ALLEN Philanthropist and Co-founder, Microsoft I AMERICANS "'ARTS RTS 1000 Vermont Avenue, NW, 6th Floor Washington, DC 20005 T 202.371.2830 F 202.371.0424 E researchPartsusa.org W www.AmericansForTheArts.org ']hefollowingnationalorganizatitlnsparttwrwifit ALer cansfartheArrstoheippubdic-andprivate-sectorleaders understand the economic and social benefits that the arts bAng to their cornmunities, states, and the nation. a 15 a Grantmakers in the Arts rJ lll1� IJnTIaTIFL C6h'FERENC! IN �I,I'll llmnY,4 .veNCoxn IItIII of $YnYf Lf GI$LnTURES I.+'�4f�4��'tt r,. F.•.,. f...,...,,., li.., MIA,Id.IR-.k:lif�li, Americans for the Arts is the nation's leading nonprofit organization for advancing the arts in America. Established in 1960, we are dedicated to representing and serving local communities and creating opportunities for every American to participate in and appreciate all forms of the arts. _tsaw om'• ii 1� ,""WMEM, r • �, ' 1. f r ' ` r _ Al The Economic Impact of Nonprofit Arts and Culture Organizations and Their Audiences Aw Packet Page 70 of 8 Economic Impact of America's Nonprofit Arts & Culture Industry America's nonprofit arts and culture industry generates $166.2 billion in economic activity every year-$63.1 billion in spending by organizations and an additional $103.1 billion in event -related spending by audiences. The national impact of this activity is significant, supporting 5.7 million jobs and generating $29.6 billion in government revenue. ECONOMIC IMPACT OF THE NONPROFIT ARTS & CULTURE INDUSTRY (expenditures by both organizations and audiences) Total Expenditures $ 166.2 billion Full -Time Equivalent Jobs 5.7 million Resident Household Income $ 104.2 billion Local Government Revenue $ 7.9 billion State Government Revenue $ 9.1 billion Federal Income Tax Revenue $ 12.6 billion There is no better indicator of the spiritual health of our city, its neighborhoods, and the larger, region than the state of the arts. The arts deepen our understanding of the human spirit, extend our capacity to comprehend the lives of others, allow as to imagine a more just and humane world. Through their diversity of feeling, their variety of form, their multiplicity of inspiration, the arts make our culture richer and more reflective. JONATHAN FANTON President, MacArthur Foundation NONPROFIT ARTS & CULTURE: A GROWTH INDUSTRY Between 2000 and 2005, the nonprofit arts and culture industry grew 24 percent, from W4 billion to $166.2 billion. Spending by organizations grew to $63.1 billion in 2005, up 19 percent from $53.2 billion in 2000. Event -related spending by their audiences boasts an even greater increase -from $80.8 billion in 2000 to $io3.i billion in 2oo5 (28 percent). GROWTH OF THE NONPROFIT ARTS & CULTURE INDUSTRY (U.S. Dollars in Billions) ORGANIZATION EXPENDITURES AUDIENCE EXPENDITURES ORGANIZATION EXPENDITURES ORGANIZATION EXPENDITURES Audience expenditure data not collected in 1992. ECONOMIC IMPACT OF NONPROFIT ARTS & CULTURE ORGANIZATIONS Nonprofit arts and culture organizations are valuable contributors to the business community. They are employers, producers, consumers, and key promoters of their cities and regions. Nonprofit arts and culture organization spending in 2oo5 was an estimated $63.1 billion. IMPACT OF NONPROFIT ARTS & CULTURE ORGANIZATIONS Total Expenditures $ 63.1 billion Full -Time Equivalent Jobs 2.6 million Resident Household Income $ 573 billion Local Government Revenue $ 2.8 billion State Government Revenue $ 3.5 billion Federal Income Tax Revenue $ 6.9 billion ECONOMIC IMPACT OF NONPROFIT ARTS & CULTURE AUDIENCES The arts and culture industry, unlike many industries, leverages a significant amount of event -related spending by its audiences. Attendance at arts events generates related commerce for local businesses such as restaurants, parking garages, hotels, and retail stores. Data collected from 94,478 attendees at a range of events reveal an average spending of $27.79 per person, per event -in addition to the cost of admission. This spending generated an estimated $io3.i billion of valuable revenue for local merchants and their communities in 2oo5. IMPACT OF NONPROFIT ARTS & CULTURE AUDIENCES Total Expenditures $ 103.1 billion Full -Time Equivalent Jobs 3.1 million Resident Household Income $ 46.9 billion Local Government Revenue $ 5.1 billion State Government Revenue $ 5.6 billion Federal Income Tax Revenue $ 5.7 billion The findings also reveal that nonlocal attendees spend twice as much as local attendees ($40.19 vs. $19.53), demonstrating that when a community attracts cultural tourists, it harnesses significant economic rewards. Across America, cities that once struggled economically are reinventing and rebuilding themselves by investing in art and culture -a proven catalyst for growth and economic prosperity. By creating- cultural hubs, nonprofit arts businesses help cities define themselves, draw tourists, and attract investment. Federal support forAmerica's nonprofit cultural organizations must go on if we hope to continue enjoying the substantial bene f its they bring. LOUISE M. SLAUGHTER U.S. House of Representatives (NY) Co -Chair, Congressional Arts Caucus Packet Page 71 of 81 AM-1180 4. Hearing Examiner Report Edmonds City Council Meeting 2007 Date: 09/25/2007 Submitted By: Diane Cunningham Submitted For: Rob Chave Time: 15 Minutes Department: Planning Type: Information Review Committee: Action: Recommend Review by Full Council Information Subject Title Report from the Hearing Examiner. Recommendation from Mayor and Staff Previous Council Action Narrative Toweill Rice Taylor, LLC became the Hearing Examiner in January 2007. They will present their annual report to the City Council at the September 25, 2007 Council meeting. (Exhibit 1). Fiscal Impact Attachments Link: Exhibit 1 Hearing Examiner Annual Report Form Routing/Status Route Seq Inbox Approved By Date Status 1 Development Services Duane Bowman 09/20/2007 10:51 AM APRV 2 City Clerk Sandy Chase 09/20/2007 10:57 AM APRV 3 Mayor Gary Haakenson 09/20/2007 11:05 AM APRV 4 Final Approval Sandy Chase 09/20/2007 01:18 PM APRV Form Started By: Diane Started On: 09/20/2007 09:41 Cunningham AM Final Approval Date: 09/20/2007 Packet Page 72 of 81 L3r-FLGILLUG1 GJl GVV I. Overview of services provided during the year to date It has been our privilege to serve as the City of Edmonds' Land Use Hearing Examiners since March of this year. Following in the footsteps of our esteemed colleague Ron McConnell has been interesting and challenging. To date, our firm has heard 14 permit applications and two appeals, averaging two cases per month. There have been two fairly complex, contentious matters since our contract began,. both of which are still subject to appeal and thus will we will not speak to them in detail. Information about the cases we have heard is provided in the attached documents: Attachment A. Case Disposition'Table Attachment B: Summary of Cases Since the beginning of our tenure, the Planning Department has faced staff turnover and unexpected absences and yet, from our perspective, has continued to process applications efficiently and effectively. Staff reports are thorough and detailed. Staff is. generally well prepared"at hearings and able to answer questions. regarding applicable code provisions and facts" :"from the file with ease. They present professionally and knowledgeably, contributing to an atmosphere of effective government in action during hearings. Their recommendations" have; with few exceptions, been consistent with our `interpretation of the facts of each case as applied to the applicable regulations.. As we'reported at a September 4, "2007 meeting with Duane Bowman and Rob Chave, it has been a pleasure to work"wth Edmonds Community Development Department. StafF: This report offers feedback on .City land use process. and on specific provisions of the Edmonds Community Development Code. LEANNA TOWEILL SHARON RICE JULIE TAYLOR (206) 300-77.04 phone (206) 295-0395 phone (425) 466-6143 phone (425) 455-0997 fax (425) 697-5154 fax (425) 313-9602 fax ItoweiII@TRThearings. cpm srce@TRThearings.com jtaylor@TRThearings.com Packet Page. 73 of 81 U. Ongoing -review of land use processes and ordinances Based on our experience applying your code to date, we offer the following recommendations for possible amendments to the Edmonds Community Development Code for Council's consideration. A. Reconsideration and Appeals Reconsideration is a process - one step short of appeal to the next body - used in many jurisdictions to allow parties of record to point out errors or omissions in hearing examiner decisions. The City's reconsideration process could be improved in the following ways. 1. Who_ May Request Reconsideration. The people listed in ECDC 20.100.010.G who may file a reconsideration are not the same people listed ECDC 20.105.040.A who may file an appeal of a hearing examiner decision. We encourage the City to consider either: a. Making these two groups identical for the convenience of the reviewing bodies in determining standing; or b. If the distinction is intentional, the City should consider allowing non -owner - Applicants and persons submitting written comments in the record to be afforded the right to reconsideration in addition to the right of appeal. 2. Time for Examiner ReMgnse. It is not clear in the code language of ECDC 20.100.010.G whether the examiner is meant to decide whether or not to reconsider within five days or to issue the decision on reconsideration within five days. From the examiner perspective, five days is not enough time to respond to every reconsideration request received.' Typical reconsideration periods run between seven and ten days, and one client jurisdiction allows 30 days for reconsideration decisions. We would urge the City to consider extending reconsideration response time to at least ten working days. 3. The Effect of Reconsideration on Agpeal Timelines. The City has historically relied on explanatory language included in its staff reports and attached to hearing examiner decisions to convey post -hearing redress rights to interested parties. These redress procedures are not established by ordinance but rather only have the. effect of "policy" We feel the City should codify the policies regarding reconsideration and appeal timelines. Relying on uncodified policies can lead to procedural grounds for appeal. We direct your attention to the following issues: a. The effect of cross requests for reconsideration (if they are allowed, or if there is a limit on the number of requests, if only one request for reconsideration may be filed at all, etc.); b. What happens if one party proceeds with appeal while other parties proceed with reconsideration; c. Whether parties can request reconsideration more than one time; and ' to some cases, it is advisable to allow other parties of record to respond to reconsideration requests. Toweill Rice Taylor LLC. Land Use Hearing Examiners Annual Report to the Edmonds City Council — 2006-2007 page 2 Packet Page 74 of 81 d. If a decision is remanded to the examiner after appeal to Council, can parties of interest request reconsideration or file appeals of the examiner's decision on remand. 4. Fee Required. When issuing our earliest decisions, we were asked to add non -ordinance based language stating that payment of appeal fees is required for timely filing. We suggest that ECDC 20.105.020 Appeal — Filing be amended to explicitly state that payment of the appeal fee is jurisdictional. Washington courts have found appeals to be untimely without payment of the appeal fee by the stated deadline where the local ordinance explicitly states payment of the appeal fee is jurisdictional.' If the City intends this policy, it should be codified. 5, Grounds for and New Evidence on Reconsideration. The ECDC should establish explicit grounds upon which reconsideration can be granted, much like criteria for approval of reconsideration. In other codes we work with, the requestor must show: error of law, error of material fact, or erroneous omission of material fact. New evidence can sometimes (rarely) be admitted on reconsideration if it was not available at time of hearing and is material. We would suggest that each party should be granted only one request for reconsideration. The examiner, on his/her discretion, may allow responses from other parties to requests for reconsideration. 6. `Examiner brief to City Council' option. We suggest that the City removes the `examiner brief to City Council' option from ECDC 20.100.020.G (2) as a potential response to reconsideration requests. Having the examiner report to City council on the decision making process is not consistent with the neutral, third party decision maker concept and could have appearance of fairness implications. 7. HeadU Examiner Rules of Procedure. Despite the authorization to promulgate miles in ECDC 20.91.020.E, it is our understanding that no hearing examiner rules of procedure have been adopted. We would like to draft rules for the City's consideration. In our experience, they explain the process fully to all participants, regardless of experience with a legal forum, and provide guidance to staff and the examiner in difficult procedural situations. 8. Direct Judicial Review. Many jurisdictions utilize the hearing examiner as the final decision maker in most or all permits and appeals, providing for judicial review under the Land Use Petition Act (LUPA). As you are no doubt aware, local elected officials who engage in quasi-judicial decision -making can be held individually liable for damages.' Direct judicial review removes political pressures of particular projects from elected officials, streamlines the land use process for maximum efficiency and predictability and, in our experience, discourages frivolous appeals. 9. Consolidated proceedings. We would recommend consolidation for permits that require both plat and related permit approval, such as the PRD and PUD provisions. Having 2 Graham Thrift Group x Pierce County. 75 Wn. App. 263 (1994). 3 Mission Springs v City of Spokane, 134 Wn.2d 947 (1998). Toweill Rice Taylor LLC, Land Use Hearing Examiners Annual Report to the Edmonds City Council — 2006-2007 page 3 Packet Page 75 of 81 bifurcated appeal processes creates the potential for procedural confusion, an atmosphere that is conducive to allegations of and/or actual due process errors. PRDs and PUDs could include preliminary plat requirements under a single permit, or the two related permits could be required by code to be consolidated and heard/decided/appealed simultaneously by the same body. NOTE: In June, Mr. Snvder provided us with a coDv of a draft revised land use code, which addresses most of the recommendations we offer above. B. Additional Suggestions 1. PRD Ordinance. As Council is no doubt aware, there have been two PRD applications since the beginning of our contract. Because appeal periods on the two PRDs have not fully run their courses, we will not speak to the issue now except to say that it is our opinion that the existing ordinance contains ambiguities. We hope to address concerns we have about the city's PRD criteria for approval before next year's annual hearing examiner report, after the appeal periods on the pending cases have run. 2. Townhome Subdivisions. On September 6, 2007, the Examiner held a hearing for a preliminary plat to subdivide real property into single-family residential lots for townhomes. In conducting the site visit before the hearing, the Examiner noted with surprise that the foundations for the townhomes were already constructed and utilities had been installed prior to approval/creation of the legal lots. At hearing, Staff testified that a "new policy" was adopted within the last couple of years due to problems with a previous development, in which the preliminary plat had to be amended after approval. This uncodified policy apparently places the risk on the developer. If for any reason the plat was not approved, the developer could have significant damages resulting from reliance on building permits issued based on an unofficial policy exemption for townhome developments if the lots were not subsequently approved. We would encourage Council to codify alternative procedures for townhome developments that would protect development interests and thereby protect the City from liability in the event that a townhome plat had to be denied. 3. Ambiguous Code Provisions. Several code provisions fail to provide adequate guidance because of the use of the phrase "and so forth," which creates ambiguities within various criteria for approval. As examples, we note the following (not an exhaustive list): ECDC 20.75.085(A)(4): The proposal shall be designed to minimize off - site impacts on drainage, views and so, forth. ECDC 21.85.030 — Recreation facilities (definition): Recreation facilities means uses such as boat or yacht clubs, swimming pools, athletic clubs, golf, and country clubs, tennis courts, and so, forth. Toweill nice Taylor LLC, Land Use Hearing Examiners Annual Report to the Edmonds City Council — 2006-2007 page 4 Packet Page 76 of 81 ECDC 20.95.010(6): A landscape plan, to scale, preferably combined with the site plan, showing all existing and proposed vegetation including vegetation to be removed, as well as fences, wails, walks and so. forth. ECDC 20.100.010C: Pre -Hearing. The hearing examiner shall review all information in the project file kept by the community services department, including the application, staff report, environmental impact statements, and so. forth... ECDC 20.91.000: Scope. The following sections set minimum standards which apply whenever a notice of development application or public hearing is required by this title. The individual portion of this title may set additional requirements, such as different periods of time, additional methods of giving notice, and so forth. 4. Park Land Dedication. ECDC 20.75.090 requires that a final plat must either (a) dedicate land, (b) pay a fee in -lieu of dedication, or (c) do both. The City is not currently authorizing dedication nor is a park impact fee being collected from developers. The policy of not enforcing existing code provisions could lead to appeals or procedural problems. TV. The Future We have offered to provide a case law/legislation update to Development Services and Planning staff. We hope to calendar this event before the end of the year, perhaps in November. Toweill Rice Taylor member Julie Ainsworth -Taylor will be taking a sabbatical from hearing examiner work for personal reasons. Ms. Taylor is not leaving the firm and will continue to work with us in administrative capacities, but for the immediate future, she will not be conducting hearings. Ms. Toweill and Ms. Rice remain available to cover all City of Edmonds land use calendars. V. In Conclusion It has been a pleasure working with Duane Bowman, Rob Chave, Diane Cunningham, Gina Coccia, Mike Clugsted, and other City staff members since the beginning of the contract. We thank the Council for the appointment to the position and for its ongoing support. We would welcome the opportunity to answer any questions. Very truly yours, TOWEILL RICE TAYLOR LLC Wy Sharon Toweill Rice Tavlor LLC. Land Use Hearing Examiners Annual Report to the Edmonds City Council — 2006-2007 page 5 Packet Page 77 of 81 Attachments A. Case disposition table B. Summary of Significant Cases Toweill Rice Taylor LLC. 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Q 0 0 0..CD CC, m CD . @' 0 CD 0 CD :g o 'm cD 0 to W ooCD .-r o .W oo CD eb oo 57 CD O � O� eo re rn. . c� CD Attachment B Summary of Cases V-2006-I50, Malott Variance: Hearing conducted March 1, 2007 by LeAnna Toweill. The request was to expand an existing legally nonconforming deck by approximately 65 square feet. The expansion area was within the rear yard setback. The request was granted with conditions. CU-2006-153, Reichler CUP: Hearing conducted March 15, 2007 by Sharon Rice. The request was for an expansion of an exiting medical clinic in a. Multiple Residential 2.4 zone. It was approved with conditions. V-2007-23, Diener Variance: Hearing conducted May 3, 2007 by Julie Ainsworth -Taylor. The request was for the reduction of the. required serest setbacks in a Multiple Residential 1.5 .zoning district at two locations -Edmonds Street and Sprague Street.. The variance was granted with mrditions_ - CU-2007-9, Na CUP:. Hearing conducted May 17, 2007 by LeAnna Toweill. The request was to expand an approved CPA office use by approximately 900 square feet. The CUP was granted with conditions_ CU-2007-10, T-Mobile CUP: Hearing conducted June 7, 2007 by Sharon Rice. The request was for a 55.5-foot tall monopole wireless communications facility in a Neighborhood Business zone. There was public comment in opposition, based primarily on impacts to views and public safety; however, the .proposal met criteria for approval. and was approved with conditions. P-2007-17/PRD-2007-1$/APL-2007-01/APL-2007-02, Woodway Plat and SEPA Appeals: Hearing conducted June 21, 2007 by Julie Ainsworth -Taylor. The matter was consolidated to review a request fora Formal Plat (Plat) and Planned Residential Development (PRD) and two . appeals of the City's SEPA Mitigated Determination of Non -Significance (MDNS). The proposal sought to construct 27 single-family residential units and associated infrastructure (roads, stormwater drainage, open space and recreational areas). on the former playgrounds of Woodway Elementary. The record. closed on June 28,:2007. The Plat was conditionally granted. The SEPA appeals were. denied. The PRD was remanded for compliance with ECDC 20.35's perimeter buffer requirements. Additionally, concern in regard to adjacent Fish and Wildlife Habitat Conservation Areas (FWHCA) required a demonstration that the functions and values of this area were being adequately protected. Subsequent to the issuance of the final decision; two Requests for Reconsideration were filed by the SEPA appellants; the requests were denied. On August 31, 2007, a remand hearing was held. The Hearing Examiner determined that adequate protection was affordedto the FWHCA but that the Applicant's proposal was non -compliant with ECDC 20.35's perimeter buffer requirements. Appeals are still pending on portions of this matter_ . CU-2007-3, Farrah's Hair Design Home Occupation permit: Hearing conducted July 5, 2007 by Sharon Rice. The request was for a home occupation permit to allow operation of a hair salon within an existing garage. in a Single -Family Residential (RS-8) zone. There was public comment in opposition to the request, based primarily on traffic and parking concerns, as. well as alleged potential adverse impacts to neighborhood aesthetics. The proposal was reviewed for compliance with parking standards and conditions were recommended to limit customer volume Toweill Rice Tailor LLC Annual Report of the Hearing Examiner September 25, 2007 Packet Page 80 of 81 Attachment B Summary of Cases in.order,to prevent an undue increase in neighborhood traffic. The proposal satisfied criteria for approval ;and was approved with conditions. V-2006-102, Bogaert Variance: Hearing conducted on July .19, 2007 by. Sharon Rice. The request was for reductions in both side yard setbacks. to allow replacement of an existing legally non -conforming (as to setbacks) structure with a new residence not in compliance with the required side yard setbacks in the underlying zoning district I in a Single -Family Residential (RS- 8) zone. The subject parcel is legally non -conforming because it is only 50 feet wade, while the RS-8 zone requires a minimum 80-foot width. The Applicant wanted to reduce side yard setbacks to accommodate a modern home designed by architects to fit harmoniously into the slopes of the subject property.. The Applicant conceded that a new residence could be built within. the 30-foot wide building envelope resulting from application of the setbacks required by the RS-8 zone, but argued that for aesthetic reasons and because the existing residence: enjoyed non -conforming setbacks, he should be granted minor reductions in side yard setbacks. There was public opposition to relocating any encroachment into the side yard setbacks because lots on both sides are also substandard (only 50 feet in width). The CDC contains provisions that require the phasing out ofnon-conforming structures, uses, and lots. The application did not satisfy variance criteria for approval and it was denied. V-20.07-47, Munro Variance: Hearing conducted on August 2, 2007 by Julie Ainsworth -Taylor. The request was for the reduction of the street setback requirement of the Single -Family Residential (RS-12) zoning district. The basis of the request stemmed from the Applicant's desire to architecturally align a new addition with an existing, non -conforming structure. The case included a history of right-of-way dedications and short platting that had created confusion in regard to the property's frontage on 174'6 Street SW. The City's Engineering Department stated that approval o€'the request would not impact future; development of the. right-of-way- The variance was granted subject to conditions, P-2007-21IPRD�-2007-20, Stanebridge Plat/PRD: Hearing conducted on August 2, 2007 by Julie Ainsworth -Taylor. At the close of hearing, the record was. left open for the submittal of necessary information that -was not provided to the examiner. The record closed on August 27, 2007. The request.was for. a Formal Plat (Plat) and Planted Residential Development (PRD) to construct 10 single-family residential structures and relatted infrastructure (reads, stormwater, open space and recreation areas). The Plat was approved with conditions. The PRD was remanded for compliance with ECUC 20.35s perimeter buffer. Conditions of approval required that the Applicant provide full and complete documents far the record. CU-2007 49,.Sunset Galleries. CUP; Hearing conducted August Id, 200'7 by LeAnna ToweilL The CUP was to authorize an antiques auction use within a portion of the Water#'ror t Antique Malt. The request was granted with conditions. NO. P-2007-50, Michel Construction Inc. Preliminary Subdivision: HearingConducted September b, 2007 by Sharon Rice. WORK IN PROGRESS on the date this report was completed Toweill Rice Taylor LLC Annual Report of the Hearing Examiner September 25, 20.07 Packet Page 81 of 81