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2008.11.03 CC Agenda Packet         AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds ______________________________________________________________ Special Monday Meeting November 3, 2008   6:45 p.m. – Executive Session regarding potential litigation. 7:00 p.m. - Call to Order and Flag Salute 1. Approval of Agenda   2. Approval of Consent Agenda Items   A. Roll Call   B.AM-1889 Approval of City Council Meeting Minutes of October 28, 2008.   C.AM-1890 Approval of claim checks #107804 through #107936 for October 30, 2008 in the amount of $237,208.30.   D.AM-1878 Acknowledge receipt of Claims for Damages from Thayer D. Cueter (estimated $1,133.62 to $2,126.56), and Brian K. Goodnight ($1,306.80).   E.AM-1877 Authorization for the Mayor to sign the Lease Agreement with the Edmonds Arts Festival Foundation.   F.AM-1887 Authorization to advertise a Request for Qualifications (RFQ) for design and construction management services for the lift station rehabilitation project.   G.AM-1885 Authorization to advertise a Request for Qualifications (RFQ) for design and construction management services for the 2009-2010 sewer replacement program.   H.AM-1881 Ordinance amending the provisions of the Edmonds Community Development Code to repeal and reenact Chapter 16.43 regarding BD - Downtown Business in order to clarify provisions regarding the BD-1 zone and the depth to which certain uses must be maintained along designated street frontages, repealing interim zoning Ordinance 3691, and fixing a time when the same shall become effective.   I.AM-1892 A Resolution Of The City Council Of The City of Edmonds, Washington, Opposing Establishment Of A Local Business And Occupation Tax On Retail Business And Professional Services.   3.AM-1879 (30 Minutes) Public hearing on a proposed amendment to Edmonds Community Development Code Chapter 18.05, Utility Wires, regarding replacement of power poles including requiring replacement poles in residential zones to be wood.   4.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record or Public Hearing.   5.AM-1886 (30 Minutes) Discussion and potential action regarding the Senior Center Lease.   6.AM-1880 (30 Minutes) Proposed Interim Zoning Ordinance regarding commercial uses in residential zones related to house rentals.   7.AM-1891 (15 Minutes) Annual report from the City Attorney.   8.AM-1884 (5 Minutes) First Reading: Ordinance amending the Edmonds City Code to enact a new Chapter 3.65, Edmonds Transportation Benefit District (TBD), establishing a TBD, specifying the boundaries for the TBD, specifying the TBD’s purpose to maintain, preserve, construct and reconstruct existing street transportation infrastructure and other City street improvements when designated on State and regional plans.  (Note: A public hearing is scheduled on 11/18/08 on this matter.)   9.AM-1882 (5 Minutes) Resolution authorizing the Mayor and staff to dispense with competitive bidding requirements in order to restore a failing roadway embankment and culvert on Talbot Road.   10.(60 Minutes)Workshop on 2009-2010 Budget.   A.AM-1888 Discussion and potential action on Council direction regarding 2009-2010 budget options.   11.(5 Minutes)Mayor's Comments   12.(15 Minutes)Council Comments   Adjourn   AM-1889 2.B. Approve 10-28-08 Draft City Council Meeting Minutes Edmonds City Council Meeting Date:11/03/2008 Submitted By:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Approval of City Council Meeting Minutes of October 28, 2008. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Fiscal Impact Attachments Link: City Council Draft Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 12:01 PM APRV 2 Mayor Gary Haakenson 10/30/2008 12:03 PM APRV 3 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Sandy Chase  Started On: 10/30/2008 11:57 AM Final Approval Date: 10/30/2008 Edmonds City Council Draft Minutes October 28, 2008 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES October 28, 2008 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Michael Plunkett, Council President Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember D. J. Wilson, Councilmember Deanna Dawson, Councilmember (arrived 7:03 p.m.) Dave Orvis, Councilmember Ron Wambolt, Councilmember ALSO PRESENT Leif Warren, Student Representative STAFF PRESENT Tom Tomberg, Fire Chief Al Compaan, Police Chief Gerry Gannon, Assistant Police Chief Jim Lawless, Assistant Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Brian McIntosh, Parks & Recreation Director Noel Miller, Public Works Director Kathleen Junglov, Finance Director Rob Chave, Planning Manager Debi Humann, Human Resources Manager Frances Chapin, Cultural Services Manager Rob English, City Engineer Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. (Councilmember Dawson was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Dawson was not present for the vote.) The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 21, 2008 C. APPROVAL OF CLAIM CHECKS #107676 THROUGH #107803 FOR OCTOBER 23, 2008 IN THE AMOUNT OF $679,188.90. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #47360 THROUGH #47394 FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH OCTOBER 15, 2008 IN THE AMOUNT OF $785,607.58 Edmonds City Council Draft Minutes October 28, 2008 Page 2 D. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MIKE AND ANNE MEIERS (AMOUNT UNDETERMINED) E. COMMUNITY SERVICES AND ECONOMIC DEVELOPMENT QUARTERLY REPORT – OCTOBER, 2008 F. LIST OF EDMONDS BUSINESSES APPLYING FOR THE RENEWAL OF THEIR WASHINGTON STATE LIQUOR LICENSES, OCTOBER 2008 G. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT NO. 2 TO THE ON-CALL AND EMERGENCY/DISASTER RESPONSE GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING SERVICES CONTRACT WITH LANDAU ASSOCIATES, INC. H. ORDINANCE AMENDING THE PROVISIONS OF SECTION 19.00.005 SECTION AMENDMENTS RELATING TO THE AMENDMENTS TO THE STATE BUILDING CODE TO EXTEND THE LIFE OF BUILDING PERMIT APPLICATIONS FROM 180 DAYS TO 360 DAYS, AND EXTENSIONS FROM 180 DAYS TO 360 DAYS 3. PROCLAMATION IN HONOR OF THE 20TH ANNIVERSARY OF THE SISTER CITY RELATIONSHIP WITH HEKINAN, JAPAN Mayor Haakenson recognized the 34-member delegation visiting from Hekinan, Japan, who arrived yesterday and will be staying in Edmonds until next Sunday. He noted this was the largest delegation to visit Edmonds in the history of their 20-year relationship as Sister Cities. He explained Mayor Negita was elected Mayor on May 1, 2008 and it was an honor for Edmonds that he chose to visit Edmonds during his first few months in office. Mayor Haakenson invited Mayor Masanobu Negita, Council Chairman Shoichi Hisada and Councilmembers Shigyuki Kuriachi, Akihisa Ikuta, and Minoro Suzuki to join him at the podium where he read a proclamation recognizing and honoring the 20th anniversary of the Sister City relationship between Edmonds and Hekinan on September 28, 2008. He presented framed proclamations in English and Japanese to Mayor Negita. Mayor Negita extended his greetings to Edmonds on behalf of the City of Hekinan. He explained he accepted an appointment as Mayor at the end of April 2008. It was his honor and great pleasure to meet the Mayor, Council and citizens and he thanked the City for the invitation. He commented on the exchange programs over the past 20 years and expressed his appreciation to the residents of Edmonds, Mayors, Councilmembers and the Sister City Commission for their efforts. This was his first visit to Edmonds and he hoped to get to know the society and climate of Edmonds. He hoped their visit would deepen the friendship between Edmonds and Hekinan and contribute to further progress and continuous exchange between the two cities. 4. AUDIENCE COMMENTS George Everett, Edmonds, explained several years ago he began attending meetings of a small group to discuss events occurring in the United States and around the world. About the same time he became interested in the events of 9/11. When he shared an article questioning the events 9/11 with the group, one member asked for proof and evidence. He recalled asking the member whether he had asked the government for proof and evidence. Mr. Everett emphasized there was no evidence to support the official story of 9/11; no proof that Osama Bin Laden and Al Qaeda was involved, that any of the 19 Arabs were on the airlines, that an airplane hit the Pentagon, that Flight 93 crashed in Pennsylvania, or that the Edmonds City Council Draft Minutes October 28, 2008 Page 3 buildings at the World Trade Center were brought down by fire. He pleaded with the American public including the City Council to ask the government for the evidence and the proof. Al Rutledge, Edmonds, thanked the 78 volunteers who assisted with the Friends of the Edmonds Library Book Sale as well as everyone who attended the book sale. Next, recognizing that none of the Councilmembers ran for office for the money, he suggested they return their salary to the City. He also recommended the Council not raise taxes, that they eliminate one Council meeting per month and, rather than lay off employees one day a month, they encourage employees to spend money at businesses in the city which would increase revenues and support local businesses. Dave Page, Edmonds, recognized times were tough and they would get tougher before they got better. He felt let down by the country’s leaders. He pointed out Snohomish County was in better shape than many other counties; 10,000 people would be moving into Snohomish County this year, and according to the Snohomish County Business Journal, Snohomish County was creating approximately 800 jobs a month. He disagreed with an article in the Everett Herald that all the jobs were service jobs, relaying his research found there were 140 aerospace plants in Snohomish County that support Boeing whose starting salaries were over $20/hour. He pointed out Boeing was the top exporter in the world, Microsoft was second, Weyerhaeuser was fifth and Starbucks was also a huge exporter. Even though Snohomish County was experiencing its highest foreclosure rates, it was only 0.5%, compared to 4% in Reno, Nevada. He assured there was a good future ahead. Roger Hertrich, Edmonds, commended the Councilmembers who expressed a desire for additional public hearings on the budget and expressed disappointment in Councilmember Wambolt’s comment that his mind was made up and in Councilmember Wilson who wanted to approve all the proposed tax increases without additional public input. He recommended the Council reduce the Mayor’s salary and expressed concern with raising utility taxes from 6% to 10%. With regard to Bob’s Gregg’s proposal, he pointed out most Councilmembers failed to recognize that their role was to protect the existing zoning and Comprehensive Plan which does not allow residential uses or expanded parking in the Commercial/Waterfront zone. He referred to a letter from Senior Center President Rose Cantwell to Mayor Haakenson and Councilmember Wambolt’s remark that he (Mr. Hertrich) must have been written the letter. Andrea Penske, Edmonds, a former Beach Ranger and now a Kindergarten teacher, pointed out how important and meaningful the Beach Ranger program is, particularly the Rangers’ interaction with people to talk about the ecosystem. She explained their pre-Kindergarten and Kindergarten students visit the beach each spring and the Kindergarten recently visited Yost Park while studying trees because the program the Parks Department offers fits well with the school curriculum. Their fifth graders recently visited the beach to learn about the ecosystems and took that knowledge with them to Camp Seymour. She summarized approximately 100 classrooms visit the beach each year as part of the Beach Ranger Program in addition to many adults and tourists. Rich Schaefer, Edmonds, commented the Council’s budget discussions mirrored previous discussions, reducing expenses rather than considering additional revenues. He referred to reductions made in the street overlay program from 30 years to 70 years, deferred maintenance and improvements to parks as well as water and sewer systems, commenting if that same approach were taken to a home, the result would be a wreck. He pointed out deferred maintenance was a false economy and the end result was higher costs in the long term. He urged the Council to spend more time considering new sources of revenue and looking into the future by taking some things off budget such as forming a Fire District. He summarized rather than continuing to pick away at expenditures, the City needed to invest in its Edmonds City Council Draft Minutes October 28, 2008 Page 4 infrastructure and in its staff. He pointed out the City must compete for its staff with other cities and the private sector; the City’s employees were doing the City a favor with regard to compensation. 5. ANNUAL REPORT FROM THE LIBRARY BOARD Library Board President Wendy Kendall reported there had been many significant activities this year related to the use and care of facilities, reaching out to other boards in the Sno-Isle Library System and reaching out to the community. She thanked Mayor Haakenson and the Council, recalling the Board recommended lobby renovations and the City responded. She described improvements such as painting, the display window and the lobby bulletin boards. She extended her thanks to Jim Stevens and the Facilities staff for their efforts and thanked Parks & Recreation Director Brian McIntosh, an invaluable adviser to the Library Board. Library Board Member Mark Ayers reported the Library Board regularly has presentations from Sno- Isle representatives about the Sno-Isle Library system and its relationship to the Edmonds Library. Terry Beck, Adult Teen Services Manager, recently described a grant-funded teen pilot program in the Sno-Isle Library system that engages teens in the development and delivery of programs that serve teens, often using unconventional means. In Monroe a program organized and run by teens resulted in teens being engaged in the library system. The project uses focus groups to measure its progress at the beginning and end of the project. Depending on continued funding, this project may come to Edmonds. Library Board Member Joanne Peterson noted during difficult economic times, individuals and families were using the public library more frequently. She described activities at the recent open house including harp music, special presentations, readings and refreshments provided by the Friends of the Edmonds Library, book giveaways and visits with Sadie, a Golden Retriever in the Reading with Rover program. Library Board Member Linda Hughes, and member of Friends of the Edmonds Library, relayed that at the Library’s booth at last summer’s Edmonds Night Out, the Friends distributed free books. She viewed the Library Board as ambassadors for the library. Managing Librarian Lesly Caplan expressed her thanks to the Library Board who advocate for the library. She explained when the economy slowed people visited the library in increasing numbers. During 2007, 236,579 people visited the Edmonds Library, checking out 412,655 items. In Edmonds 39,160 people hold library cards. The Sno-Isle Library materials budget of $4,770,000 purchased many new books and other materials. As a member of the Sno-Isle Library, Edmonds residents can visit any of the 21 Sno-Isle libraries in the system and have access to District’s full collection. She described improvements made over the past year including decreasing the amount of time to fulfill customers’ requests for materials. The library is available 24/7 at no cost to library card holders via their website, offering 101 databases as well as online electronic books and other downloadables, real-time online tutoring Brainfuse that offers homework help, access to worldwide newspapers, literature and consumer reports, medical information, and investment information. She described literacy programs at the library including storytimes for all ages, Reading with Rover, and teen programs. The Edmonds Library is an accessible election site. She thanked the City and the Library Board for their support of the library. Mayor Haakenson thanked the Library Board for everything they do. Edmonds City Council Draft Minutes October 28, 2008 Page 5 Councilmember Wambolt inquired about the residency of the 236,579 library visitors. Ms. Caplan responded they did not track the residency of visitors. Councilmember Wambolt asked how people without a library card could use the library. Ms. Caplan answered they were welcome to visit the library and use its resources but they could not check out materials and they could not access the databases from home. The library does issue a day pass to use the computers. Councilmember Wambolt remarked the Town of Woodway voted a few years ago not to participate in the Sno-Isle. Ms. Caplan relayed Woodway residents are often dismayed to learn they are unable to obtain a library card. 6. DISCUSSION AND AUTHORIZATION OF THE AQUATIC CENTER FEASIBILITY STUDY CONTRACT Parks & Recreation Director Brian McIntosh recalled on August 5 the Council authorized staff to advertise for Statements of Qualifications (SOQ) from consulting firms to perform an Aquatics Center Feasibility Study. Through a comprehensive selection process a team of staff and citizens reviewed eight SOQ's, interviewed four firms and their consultant teams, and selected one consultant and their team, NAC/Architecture, as the preferred firm. NAC and their team have extensive experience with feasibility studies throughout the country and the northwest, including Renton, Northshore, and Lynnwood. All references for this firm were positive and expressed satisfaction To help guide the decision making process for Edmonds' aquatic future, this study will provide: 1. Market analysis, economic impact, site analysis, conceptual ideas, preliminary construction costs, maintenance and operations costs and funding options. 2. Multiple opportunities for citizen involvement through public workshops. 3. An unbiased citizen survey. The fee for the study is $62,690, reimbursables (primarily travel and printing) of $10,800 for a total contract amount of $73,490. In addition, staff will secure a local independent survey firm to conduct a valid statistical survey to gauge the general support of Edmonds' citizens. The cost of the survey is estimated to be approximately $10,000. Total project cost will be $83,490 to be paid from planning funds in the Parks Improvement Fund 125. He pointed out Fund 125 was restricted to construction of parks projects including planning. This was the first step toward a solution to the aging Yost Pool and without facts it was difficult for the Council, staff and citizens to move forward with addressing this primary recreational amenity. Mr. McIntosh acknowledged the cost was considerably higher than the $60,000 that was budgeted. He explained that amount was budgeted to encourage firms responding to the SOQ to bid approximately that amount and the fee could then be negotiated. They had also hoped the consultant would be local to minimize travel expenses. The consultant team selected was one of the best in the country. He explained generally the teams were architectural firms that brought in firms aquatic experts. Of the four firms interviewed, the top three had the same consultants. He noted other cities in the area have done feasibility studies, the most recent in this region was Issaquah whose study had a very similar scope and their fee was in excess of $80,000. Mayor Haakenson asked Mr. McIntosh to describe what the study was intended to accomplish. Mr. McIntosh explained the scope of work included a project overview and initiation meetings to establish a strategy for the study, review of existing facilities including what could be done with Yost Pool or at that location, evaluating site options including the waterfront and the old Woodway High School, market analysis including the new YMCA pool and Lynnwood’s plans for a new pool, and public participation via open houses, public hearing and statistical survey. Edmonds City Council Draft Minutes October 28, 2008 Page 6 Councilmember Bernheim asked who participated on the selection committee. Mr. McIntosh responded Councilmember Wilson, Planning Board Member Phil Lowell, the Parks Maintenance Manager Rich Lindsey, Dick Van Hollenbeke and himself. Councilmember Bernheim asked whether three sites, Yost Pool, waterfront and a private acquisition, would be evaluated in the study. Mr. McIntosh answered there was not a private acquisition other than the waterfront. Two sites on Hwy. 99 were considered previously but those have since been developed with medical facilities. The three sites were Yost, a waterfront location and the old Woodway High School. Councilmember Wambolt acknowledged the expenditure would not come from the General Fund but he questioned whether this was the right time to spend the money. He anticipated following the budget discussion, the Council was likely to conclude the City needed to remain status quo and not take on new projects. He asked how a new facility would be financed. Mr. McIntosh answered the consultant would identify a number of options from no pool to a palace and it would be up to Council and staff to refine the options. The consultant will also identify funding options, all of which would require a vote of the people for a bond issue. Recognizing three of the applicants had the same subcontractors, Councilmember Wilson asked whether there were no other highly qualified consultants. Mr. McIntosh answered there appeared to be a geographic division at approximately Colorado; all the applicants except one were from west of Colorado. Councilmember Wilson noted the scope of work referred to the direct financial impacts and asked whether the feasibility study would also consider the economic impact of an aquatics center. He expected the facility would require an operational subsidy but anticipated there would also be positive impacts to the community. He asked whether property values increased in a community with an aquatics facility and the multiplier of funds spent at the pool that were then spent in the community. Mr. McIntosh answered that question was specifically asked in the interview process; the consultant is aware the City expects to be provided that information. Council President Plunkett echoed Councilmember Wilson’s request, recalling he was an early advocate of the Edmonds Center for the Arts because of the indirect economic impact of that facility that is now calculated at $2.4 million per year. His support of a pool would be based on the pool itself as an activity center and economic engine as well as the indirect impacts. Council President Plunkett asked whether the site to be considered was old Woodway or Edmonds Woodway High School, recalling both had been considered as potential sites in the past. Mr. McIntosh stated the study would consider the former Woodway High School site. Council President Plunkett observed there was no discussion about siting a pool at the Edmonds-Woodway High School site. Mr. McIntosh agreed a pool was in the early construction drawings for Edmonds-Woodway High School but that site was not a consideration in this study. COUNCILMEMBER WILSON, MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO AUTHORIZE THE MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH NAC/ARCHITECTURE TO CONDUCT AN AQUATIC CENTER FEASIBILITY STUDY. Councilmember Wambolt advised he would not support the study because the timing was not right. He questioned how a consultant would determine the impact of the new YMCA pool in the present economy. Councilmember Bernheim acknowledged there were a number of pools in the community but there were many in the community who used pools and having one in the neighborhood could be a valuable amenity Edmonds City Council Draft Minutes October 28, 2008 Page 7 particularly for the City’s aging population. He expressed concern that the cost of the study was more than previously cited. He commented the views of the enthusiastic pool supporters deserved to be heard and studied and to allow the community to intelligently determine whether a pool was needed and whether it would be an asset to the community. Councilmember Wilson commented this was an issue of what kind of city Edmonds wanted to be. In the grand scheme, $80,000 would not break the bank and those funds were already in the budget from two years ago. He pointed out the Parks Comprehensive Plan identified an aquatics center as the top priority. Doing a study did not mean the City would proceed with an aquatics center; this was an incremental step that would provide more information and allow the possibility to be considered in a holistic manner. Councilmember Wambolt pointed out just because the money was already in the budget, it did not need to be spent. An aquatics center would likely require a bond and he was doubtful that the current economy was an environment in which to request more money from taxpayers. Councilmember Wilson clarified construction of an aquatic center would require a bond; the feasibility study did not. MOTION CARRIED (6-1), COUNCILMEMBER WAMBOLT OPPOSED. 7. UPDATE ON THE HIGHWAY 99 TASK FORCE Development Services Director Duane Bowman explained the Hwy. 99 Task Force was the result of a recommendation at the 2003 Council retreat and the first meeting was held in March 2003. The Task Force is comprised of residents, property owners, up to three Councilmembers, business owners and City staff. Initially the Task Force reviewed land use in the corridor, contracted with a consultant to conduct a market analysis regarding commercial uses, contracted with Makers Architects who conducted focus groups with residents, property owners and business owners in the area and developed the Hwy. 99 Enhancement Plan which led to amendments to the Comprehensive Plan and Zoning Code. The Task Force worked on the Hwy. 99 Traffic Signal Study to determine needed improvements in the corridor. The Task Force has also been very supportive of the introduction of Bus Rapid Transit (BRT) in the corridor. There are currently three projects planned in the corridor including the redevelopment of the southeast corner of Hwy. 99 and 220th by the Behar Company. Mr. Behar purchased the property and plans to redevelop it in a manner that has the potential to change the attitude of development along Hwy. 99. Mr. Bowman explained Mr. Behar originally planned to start construction as early as 2009 but recent events have delayed the project until 2010/2011. He reviewed conceptual drawings of the Behar development that would include a mixture of retail, office and commercial uses as well as residential. The goal was to design a development where people could live and work and take advantage of BRT in the corridor; the north BRT station at 216th is a short walk from this corner. He identified the location of a plaza area with an amphitheater, underground parking, residential uses, office, and ground floor retail/commercial space. The current concept would have 137,000 square feet of retail, an anchor retail tenant of 60,000 square feet, 25,000 square feet of office space, 189,000 square feet of residential or 240 units, and 1,040 parking spaces. He noted the parking for residential was one space per dwelling unit due to access to BRT. Because of the current credit situation, Mr. Behar has not confirmed the anchor tenant and he could not begin the project until that occurred. Edmonds City Council Draft Minutes October 28, 2008 Page 8 Councilmember Dawson commented Mr. Behar had also considered a mix of market rate and affordable housing and potentially senior housing on the site. She has been coordinating with Mr. Behar and the affordable housing developers in the community; the Housing Consortium of Everett and Snohomish County was interested in partnering on the project. She noted there was potential for this to provide a benefit to the community via green development, retail space and affordable housing. Mr. Bowman advised the Task Force was reviewing an idea for transitional Transit Oriented developments along the corridor that would have frontage in the residential area. During the Code rewrite staff plans to examine parking standards along Hwy. 99 for potential code amendments in support of BRT. 8. WORKSHOP ON THE 2009-2010 BUDGET Council President Plunkett explained this was an opportunity for the Council to spend some time discussing and asking questions. There was no specific objective other than to explore, ask questions, and discuss the budget and issues such as whether to participate in studying a Regional Fire Authority (RFA), the three budget options, the possibility of a Transportation Benefit District (TBD) vote, a park levy vote, a more detailed discussion regarding expenditures, the cuts proposed by Mayor Haakenson if the Council chose not to pursue a RFA, development fees and information from Councilmember Orvis regarding the Health District. Councilmember Bernheim reviewed his budget suggestions: • The Council take a symbolic 10% cut in their salary in an effort to lead by example • Agreed with Mayor Haakenson’s proposal for the City Attorney to attend only two council meetings/month, noting the Council also needed to control their requests for legal advice • Rescind the Mayor’s salary increase • A 1% budget cut in the Police Department or $90,000/year. Misdemeanor arrests and books are up 20-40% from 3-4 years ago without any explanation and this cut would tell the Police Department it was okay not to arrest so many people. He commented the number of arrests and bookings was not necessarily a reliable indicator of public safety. • Consider reducing court security. He noted there were several Superior Courts in the State that did not have security. He agreed security was necessary when incarcerated individuals were in court but not during the traffic infraction calendar • Consider some cuts in Park programs during lean times, including even Yost Pool • Agreed with Mayor Haakenson’s proposal to delay computer upgrades and hiring of IT staff. • Discontinue the City newsletter and place the information on Channel 21 • Agreed with Mayor Haakenson’s proposal to consider cutting the DARE program for $85,000/year • Agreed with Mayor Haakenson’s proposal not to hire a Finance assistant and Clerk’s assistant • Consider freezing Planning staff in light of declining building activity • Agreed with Mayor Haakenson’s proposal to increase property tax 1% and with the increase in cable TV tax • Adopt a $20 per vehicle TBD fee • Consider keeping the fiber optic program alive due to past investments • Hire a grant specialist and provide data regarding grants the City has received • Agreed with cutting the Washington DC lobbyists and suggested also cutting the Olympia lobbyist • Keep an open mind regarding formation of a RFA, pointing out it is not a savings for the taxpayer but an accounting mechanism for the City. If a RFA were formed, it would become another line Edmonds City Council Draft Minutes October 28, 2008 Page 9 item on residents’ property tax statement similar to the Library District. Further, if a RFA were formed and the City was dissatisfied with response time, resolution would not be local. Councilmember Bernheim summarized his budget suggestions would result in more savings than tax increases, an approach he preferred the Council take. Councilmember Wambolt agreed the Council should take a 10% salary cut in 2009, noting the Council was paid $600/month so a 10% cut provided only about a $5,000 savings. He did not support cutting the Mayor’s salary, recalling letters in the Edmonds Beacon requesting the Mayor return the salary increase and suggesting the Mayor be paid $1 more than the highest paid City employee. Councilmember Wambolt pointed out if that suggestion were followed, the Mayor’s salary would need to be raised by $20,000 because even after the Mayor received the second incremental increase in July 2009, he was the sixth highest paid employee in the City. With regard to the RFA, he agreed the RFA would be a new taxing authority and would be a double tax because there would not be any savings from the City. Councilmember Wambolt referred to letters the Council received from Magic Toyota, Lynnwood Honda, Campbell Nelson Volkswagen and Lynnwood Mazda in opposition to a B&O tax because they would not be competitive with auto dealers in Shoreline and Lynnwood. He recommended the Council pass a motion that they would not consider a B&O tax until at least 2010. He also recommended the Council resolve any reduction in staff tonight, recalling in Mayor Haakenson’s proposals a reduction of three new positions, three vacant positions and 7½ existing positions. Assuring he was not advocating any reduction in staff, he pointed out in order to realize the savings Mayor Haakenson described, the positions would need to be eliminated now due to the 60 day notice requirement. Council President Plunkett did not support reducing police costs by not making arrests. He favored arresting every bad person as soon as possible even if it cost more. He was uncertain how Councilmember Bernheim would determine who should be and who should not be arrested when much of it was determined by statute. He suggested Councilmembers describe cuts they were interested in pursuing, provide them in writing to Councilmembers and then on December 3, a Councilmember could move the budget and Councilmembers could propose amendments. Councilmember Orvis remarked although he was interested in considering cuts to the budget, it was unlikely he would support cuts in the Police Department. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT THE COUNCIL CEASE ANY FURTHER DISCUSSION REGARDING THE POSSIBILITY OF A B&O TAX UNTIL 2010 AT THE EARLIEST. Council President Plunkett asked whether the motion was intended to prevent a Councilmember from discussing or asking questions about a B&O tax. Councilmember Wambolt clarified his intent was to assure the auto dealers that the possibility of a B&O would not be discussed until 2010 at the earliest. Councilmember Dawson commented a Councilmember could talk about anything; there clearly were not four Councilmembers who supported a B&O tax. She recalled a B&O tax has been identified as a potential revenue source every year and no Councilmember has ever said it was a good idea. She did not support a B&O tax, finding it a bad idea for Edmonds now and in the foreseeable future. She noted it may not even be lawful to pass a motion precluding the Council in the next year from discussing or voting on an issue; an ordinance would likely be required. Although it was a Councilmember’s right to discuss anything he/she chose, she assured the auto dealers did not have anything to worry about because there were not four Councilmembers who supported a B&O tax. Edmonds City Council Draft Minutes October 28, 2008 Page 10 Councilmember Wilson acknowledged if the Council approved the motion they could always change their mind in the future. He supported the motion to make it clear the Council did not support a B&O tax. Otherwise staff may be asked to do research on an issue that a majority of the Council did not support. Council President Plunkett asked if the intent of the motion was that staff should not respond to a Councilmember’s questions about a B&O tax. Councilmember Wilson responded any Councilmember could ask questions of staff and staff must prioritize those requests. If the Council expressed that there were not four votes in favor of a B&O tax, it would be appropriate for staff to respond that they would address the Council’s priorities first. Councilmember Dawson suggested rather than a motion that appeared to limit a Councilmember’s ability to discuss a topic, the Council adopt a resolution at a future meeting expressing the Council’s view that a B&O tax was not an appropriate revenue source for the City. A resolution would send a strong message to the community and require action by a future Council if they were to decide to enact a B&O tax. Council President Plunkett expressed support for a resolution affirming the Council’s position regarding a B&O tax. COUNCILMEMBER WAMBOLT WITHDREW HIS MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember Dawson offered to work with Community Services/Economic Development Director Stephen Clifton to develop a resolution for Council consideration. Councilmember Orvis commented although he did not support a B&O tax, he respected Councilmember Bernheim’s right to try to convince him otherwise. Councilmember Wilson referred to the small Economic Development budget on page 27, explaining some downtown merchants had approached him regarding the formation of a Local Improvement District or Business Improvement District that would allow downtown businesses to tax themselves via property taxes to promote downtown commerce. The Chamber of Commerce plans to discuss this at their upcoming retreat. He relayed the problem was that some businesses get a free ride and do not contribute to marketing efforts. He acknowledged the creation of a Business Improvement District would require a vote. If the Chamber supports this idea, he may suggest including $40,000 - $50,000 in the budget for an election. He noted those funds would only be used for the cost of an election and not marketing. He also questioned whether the $7,300 in the budget to promote Edmonds was enough in light of the upcoming Winter Olympics and the down economy. Council President Plunkett asked for a white paper regarding what a Business Improvement District would do and where the $40,000-$50,000 would come from. Councilmember Wilson responded the Business Improvement District could generate funds for marketing and/or for capital projects such as the decorative streetlights on Main between 5th & 6th. Council President Plunkett clarified instead of a voluntary contribution businesses currently make toward advertising, if businesses voted to be part of the District, they would be assessed a tax. Councilmember Wilson responded the businesses could be assessed via their business license or property taxes which would be passed on in the form of increased rents. Council President Plunkett asked Mr. Clifton to provide his opinion regarding this suggestion. Edmonds City Council Draft Minutes October 28, 2008 Page 11 Council President Plunkett recalled in the past, Councilmembers forwarded proposed amendments to City Clerk Sandy Chase who compiled a list of amendments. Councilmembers with amendments would also provide all documentation to the Council and after a motion was made to approve the budget at the December 2 meeting, Councilmember would then make motions to amend the budget. Councilmember Dawson recalled typically Councilmembers would be aware of potential amendments well in advance and there would be debate/discussion/workshop on the concepts in advance of approval of the budget so that amendments were simply voted up or down at the meeting when the budget was approved. In order for the preliminary budget proposed by the Mayor to become the Council’s budget, the Council must make a motion to approve the budget followed by amendments made by Councilmembers. She suggested having a robust discussion on November 21, regarding potential amendments and then on December 2, a motion could be made to approve the budget and amendments made on both revenue and revenue ideas. She recommended Councilmembers distribute amendments in writing weeks in advance of the December 2 meeting. Mayor Haakenson pointed out the only discussion regarding the budget on the extended agenda was November 2 and the public hearing on November 18. Councilmember Dawson suggested scheduling time to discuss the budget and potential amendments on every meeting agenda between now and December 2. She also suggested scheduling another budget workshop where all ideas could be discussed. Council President Plunkett proposed scheduling a 1 hour workshop on November 3, a 30 minute workshop on November 18, a 2 hour workshop on the November 25 agenda, and adoption of the budget on December 2. Councilmember Wambolt suggested the Council also review the budget cuts proposed by Mayor Haakenson. Council President Plunkett commented the cuts identified by Mayor Haakenson were if the Council decided not to pursue an RFA which was Option 2. He suggested the Council discuss which option they wanted to pursue. Councilmember Wambolt commented these were options to build the ending cash balance and had nothing to do with the RFA. The purpose of the cuts Mayor Haakenson identified was to build the ending cash balance which was reduced by $2 million in 2007 and $3 million in 2008. Council President Plunkett pointed out in Option 3, the proposed cuts could be considered throughout next year based on whether the Council decided to pursue a RFA. Councilmember Wambolt responded Option 3 pushed out cuts from 2009 and 2010 but they were not related to the RFA. He suggested consideration be given to whether to hire new IT staff when they may need to be cut in 2010. Councilmember Wambolt expressed support for Option 2. For Councilmember Wilson, Finance Director Kathleen Junglov advised the Council must submit the property tax ordinance to the Snohomish County Auditor by November 30. Council President Plunkett advised the property tax ordinance was scheduled for public hearing and action on November 18. Councilmember Wilson suggested moving the budget now, tabling it at the end of each meeting and taking it off the table at each meeting to allow Councilmembers to make amendments throughout the next six weeks. Council President Plunkett agreed that was an option. In his experience, the Council worked though the process, moved the budget and then made amendments. Councilmember Dawson pointed out the formation of an RFA or implementation of some other major revenue source or cut to the General Fund budget had everything to do with the ending cash balance. It Edmonds City Council Draft Minutes October 28, 2008 Page 12 would be irresponsible for the Council to pass a biennial budget that took the ending fund balance to the proposed level unless there was a plan to proceed with a major revenue source or major cut to the General Fund budget. Either the Council had to agree to make substantial cuts to the budget or commit to the idea of a levy or formation of a RFA. The Council did not need to commit to whether it would be a parks levy, general levy lid lift or RFA, but the Council must continue to consider the ending fund balance. The Council also needed to decide whether to pursue the cuts Mayor Haakenson proposed as well as consider whether there were other cuts or additions to the budget. She suggested any new programs suggested by a Councilmember be accompanied by a corresponding cut; similarly if Councilmembers were not comfortable with a revenue source included in the Mayor’s budget, they identify an expenditure reduction. With regard to the three budget options, Mayor Haakenson explained the preliminary budget included new revenues in 2009 and the specter of an RFA that would save budget cuts 2-3 years in the future. The Council asked for an alternative, budget cuts in lieu of an RFA, which he presented in Option 2. He suggested the Council consider Option 3 which was approval of all the 2009 proposed revenue sources with budget cuts planned for 2010 and 2011. He explained the new revenue sources and the budget cuts planned in 2010 and 2011 rather than 2009 and 2010 resulted in an ending cash balance in 2012 of over $2 million and $1.5 million in 2013. Option 3 also gave the Council the entire year of 2009 to study where a RFA was something the Council was interested in pursuing, or whether a levy lid lift or park levy was an appropriate new revenue stream. He noted a new revenue stream was necessary or the budget cuts in 2010 and 2011 would be required. Councilmember Wilson explained Option 3 raised revenues in 2009 and put off the 2009 cuts proposed by Mayor Haakenson until 2010 and put off 2010 cuts until 2011. Via Option 3, the Council would be affirming they planned to cut all the economic development funds, Yost Pool, the Beach Ranger program, etc. in 2010 and that they expected to determine during 2009 how not to make those cuts. He acknowledged the Council did not have a great deal of time during the next six weeks to decide what to do but he was uncomfortable with putting off big decisions. To Mayor Haakenson’s point that the end cash balance was pretty good in 2012, he emphasized that was only by adopting the proposed cuts which would essentially close 31 neighborhood parks, close Yost Pool, eliminate the Beach Ranger Program and cut economic development. He summarized a good ending cash balance in 2012 could only be achieved by raising taxes and making draconian cuts. The Council owed it to themselves and the citizens to do more than simply delay cuts. He commented the Council could approve a single year budget; however, if the Council wanted to adopt a 2-year budget, they should have a plan. Although he did not attend the October 16 RFA meeting, Councilmember Wilson relayed that he has asked a number of questions and was uncertain a RFA would be approved by the public, particularly when it was doubtful the Council would campaign strongly for it. Because the Edmonds Fire Department provided such good service, had outside funding from contracts with Woodway and Esperance and were very efficient, Edmonds taxpayers paid less for fire services than any other jurisdiction, $1.20/$1000 AV. Shoreline pays $2.00/$1000 AV and Fire District 1 pays $1.50/$1000 AV. If the City entered into a new RFA, the voters would be asked to support at least $1.20 but likely much more. Even if there was a commensurate decrease in the budget, the City would have to ask the voters to approve funding for an RFA of at least $1.20/$1000 AV. If the Council waited for an RFA to fail and cuts had not been made, the cuts proposed by Mayor Haakenson would be required unless another funding source was identified. Edmonds City Council Draft Minutes October 28, 2008 Page 13 Councilmember Wilson recommended the Council consider a parks levy or general levy lid lift that the Council would campaign for because they believed in the services the City provided. He summarized Option 3 only deferred decisions. Mayor Haakenson asked if a levy lid lift or parks levy could be accomplished by the time the budget needed to be approved. Councilmember Wilson agreed it could not but the Council could plan for that similar to the EMS levy. Mayor Haakenson commented it was doubtful a vote on a levy lid lift, parks levy or a RFA would happen in the next few months, pointing out no one had a good understanding of a RFA because it had not yet been studied. One of the tasks before the Council tonight was to decide whether they wanted to study a RFA. He was open to whatever budget the Council chose to approve but anticipated even with a levy lid lift or park levy, cuts would still be required. Councilmember Wilson acknowledged that not everyone knew all the details regarding an RFA but some Councilmembers knew some of the details about a RFA and a parks levy. He suggested if the Council did not make decisions now, it was at great risk and detriment to the City and its citizens. Council President Plunkett asked Councilmembers to indicate whether they were interested in studying a RFA, noting committees were being formed and the City would need to assign participants, Councilmember Dawson expressed support for investigating further study of a RFA. She recommended the decision regarding whether to form a RFA not be financial but whether better fire and EMS service could be provided to the community via a RFA with cost a secondary consideration. She noted determining what other jurisdictions were interested in partnering on a RFA was an important component of the decision process. Fire Chief Tomberg commented he did not know whether he would vote for a RFA either, assuming it came to the ballot. He explained interested jurisdictions would form a Planning Committee; by statute, three elected officials from each interested jurisdiction must serve on the Planning Committee. If 5-6 jurisdictions participate, the Committee would be 15-18 members. He anticipated they would select an Executive Committee, hire a consultant and conduct a study which would take several months. At any time during the process, if a jurisdiction’s three representatives chose to withdraw, they need only provide 30 days notice. He anticipated the Executive Committee would study the issue and when the study was completed, the Planning Committee would reconvene and decide whether to take it to their City Councils. The City Council would then decide whether to take it to the voters. In the meantime the study would be available to the public and a very transparent process. Chief Tomberg explained the RFA was passed in 2004 and outlined in RCW 52.26. The legislature established RFA to give communities like Edmonds and the surrounding area an opportunity to consider a different way of providing fire service in a consortium-type government with taxing authority. He summarized the City had nothing to lose by taking a look and encouraged the Council to appoint three members to serve on the Planning Committee. Councilmember Orvis agreed this was an idea that had some possibility and was worth considering but he was not ready to endorse it. COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, THAT THE COUNCIL SEND THREE REPRESENTATIVES TO THE PLANNING COMMITTEE TO STUDY A RFA. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO APPOINT MAYOR HAAKENSON AND COUNCILMEMBERS WAMBOLT AND WILSON TO THE COMMITTEE. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes October 28, 2008 Page 14 Council President Plunkett expressed support for Option 3, which would allow the Council to pass a fiscally prudent, balanced budget and commit to making the necessary decisions over the coming year. Councilmember Wambolt read a description of Option 3 provided to Council President Plunkett by Ms. Junglov: the options include all the new revenue sources and a phased approach to cuts. Cuts included in 2009 are the new FTEs proposed for Human Resources and IT will not be hired, vacant positions in the Finance Department and Clerk’s office will not be filled, and the vacant Crime Prevention Officer position will be eliminated. Additional cuts in 2010 include the City Attorney attending only two Council meetings per month and eliminating economic development funding, the fiber optic project, the DARE program, a Planner position, an Engineering Tech positions, and closing Yost Pool. The final cut would occur in 2011 with a reduction of $500,000 in the parks maintenance budget. Council President Plunkett reiterated Option 3 delayed the cuts for one year. Councilmember Wilson advised he could not support Option 3. In his opinion, the problems with Option 3 were employees were likely to begin looking for other jobs and he disagreed with a adopting a budget with a plan to make cuts in the future unless new funding sources were be identified. He noted another option would be to adopt all the 2009 new revenues sources, make no cuts in 2009 or 2010 and, instead of enacting a RFA, approve a parks levy. Councilmember Dawson recalled the Council had agreed they would not vote on the revenue options until after the November 18 public hearing. All the options assume the proposed revenue options were adopted. If the Council did not adopt all the proposed revenue sources, there would need to be deeper cuts this year or in the future or a dangerously low fund balance. She was interested to learn where in the budget other cuts could be made, pointing out the Council needed to establish their own priorities with regard to what they wanted to fund, which new revenue sources they wanted to adopt, including other sources such as a parks levy, a levy lid lift, or a RFA. She noted the cuts Mayor Haakenson proposed in Option 2 and 3 were radical, basically shutting down the Parks Department unless another revenue stream was approved by the voters. She suggested Councilmembers identify additional revenue streams and additional cuts. Councilmember Wambolt agreed it was not a good idea to identify people the city planned to lay off in the future, such as was done in Option 3, because affected staff members were likely to leave the City. He supported Option 2, possibly with alternate expenditure cuts such as Councilmember Bernheim proposed. Councilmember Orvis commented the Council simply needed to decide on the baseline budget and make amendments. Councilmember Wilson suggested forming a work group to consider an alternate revenue option, such as a parks levy or general levy lid lift. He acknowledged he was uncertain whether enough could be raised by a parks levy when the parks budget is $1.2 million; a general levy lid lift may be necessary. He envisioned going to the voters with something that covered a significant portion of the parks maintenance budget and included funds for sidewalks and possibly began the process of rebuilding the senior center. Councilmember Dawson agreed with forming a committee to consider a full range of options and a plan to place something on the ballot, whether it was a RFA, parks levy, a levy lid lift or a larger TBD. She suggested there be some overlap between this committee and the RFA committee. She noted an aquatics center should also be part of the discussion, envisioning the public may support funding for parks or Edmonds City Council Draft Minutes October 28, 2008 Page 15 transportation. She also suggested the revenue options be the primary topic for the next Council retreat, recognizing the Council would need to go to the voters for approval of some type of revenue option. Councilmember Bernheim agreed with Councilmember Dawson’s suggestion and in general supported accelerating cuts that four or more Councilmembers agreed upon. He agreed with Councilmembers Dawson and Wilson that a parks, transportation or environmental savings levy would need to be taken to the voters. Councilmember Wilson reminded that the survey conducted as part of the Parks Comprehensive Plan indicated voters’ willingness to pay $1.05 - $1.20/$1000 AV for parks related activities. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO ESTABLISH A WORK GROUP COMPRISED OF 2-3 COUNCILMEMBERS THAT IS TASKED WITH EXPLORING A PARKS LEVY AND/OR PROPERTY TAX LID LIFT THAT INCLUDES AT LEAST THE PARKS DIRECTOR AND FINANCE DIRECTOR. Mayor Haakenson pointed out the RFA study would likely take the greater part of 2009 and asked the timeline for the parks levy discussion. Councilmember Wilson envisioned weekly or biweekly meetings to develop information that could be presented to the Council by December 2. Council President Plunkett suggested this work group consider all potential revenue sources including a voter-approved TBD. Councilmember Wilson envisioned the work group would discuss a parks or property tax levy lid lift and the TBD would be adopted at the $20 level via Council action. Councilmember Bernheim envisioned a vote would occur in two years. He recommended the work group also consider a larger voter-approved TBD, any progressive environmental conservation issue that might require the expenditure of City funds, as well as funding for sidewalks/bike paths. Councilmember Dawson agreed the work group should consider a broad range of options. She suggested the Council may be ready to put a measure on the November 2009 ballot. She was concerned with waiting for two years when the Council would be adopting another biennial budget. She suggested the Council include election costs in the biennial budget and asked Ms. Chase to identify election dates in 2009. Councilmember Wilson commented if the bond were on the November 2009 ballot and it failed, the Council would be tasked with making a significant number of cuts quickly. He suggested placing a bond on the August or earlier election. He urged the Council to be ambitious about developing a plan, promote it to the voters and get it passed as early as May. Ms. Chase advised for the May 19 election, the resolution calling for the election must be submitted by March 27. If the Council chose to go to the voters with a parks levy in May, Mayor Haakenson suggested the Council may as well not participate in discussions regarding the RFA because there would not be any answers by May 2009. Councilmember Wilson pointed out one of the challenges with a RFA was answering voters who would want the amount approved for an RFA return via City property taxes. He acknowledged it may be necessary to do both a parks levy/property tax levy lid lift and a RFA, but it was a much bigger risk to take all of 2009 to make that decision. Councilmember Wambolt commented it was doubtful citizens would pass a parks levy or property tax levy lid lift in May and it would be a waste of time and money to put it on the ballot. He recommended making some of the proposed cuts, considering the revenue sources and proceeding with the study of a RFA. Edmonds City Council Draft Minutes October 28, 2008 Page 16 COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Wilson restated his motion as follows: FORM A WORK GROUP TASKED WITH FINDING NEW REVENUE SOURCES, SUCH AS A PARKS LEVY, TBD, PROPERTY TAX LID LIFT, ETC., IN PLACE OF OR IN ADDITION TO A RFA. Councilmember Dawson clarified the motion did not obligate the Council to an election date, only to consider revenue sources and whether there would be public support. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, THAT COUNCILMEMBERS DAWSON, BERNHEIM AND HE SERVE ON THE COMMITTEE. Councilmember Dawson commented she did not have time to meet twice a week between now and December 2 due to her involvement in Snohomish County’s budget process. Councilmember Wilson suggested she could participate via identifying resources and not necessarily attend meetings. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson noted this motion should have been made at the Council retreat in February or this summer as all the revenue options were presented to the Council at those meetings. Councilmember Orvis explained he was participating on a task force at the Snohomish Health District that was tasked with identifying budget cuts. The task force set a goal of $1.7 million in cuts which relies on a loan from Snohomish County. He identified three cuts being considered: 1) Disease Investigator - $68,000 2) Child Care Health Program - $547,000 3) First Step Home Visits - $400,000 (matching grants) Councilmember Dawson thanked Councilmember Orvis for the work he was doing at the Snohomish Health District. Councilmember Orvis noted the above options would result in cutting disease control more than it should be cut or cutting programs that affect children’s health. He proposed asking the Council to provide $80,000 to the Snohomish County Health District, explaining if all cities participated at $2 per capita, a total of $734,000 could be raised. Mayor Haakenson asked how many other cities had agreed to fund the Snohomish Health District at a level of $2 per capita. Councilmember Orvis agreed Edmonds would be the first. Councilmember Orvis described options for the $80,000 in the City’s budget including the use of ending cash, delaying implementation of decision packages by one quarter, or implementing the cuts recommended if the RFA were not formed. Mayor Haakenson assured there were no decision packages in the 2009-2010 budget. Councilmember Orvis offered to work on options for funding the $80,000. Edmonds City Council Draft Minutes October 28, 2008 Page 17 Councilmember Dawson asked whether other cities had expressed an opinion regarding whether they would support this and if there was discussion regarding an Interlocal Agreement between cities to provide this funding. Councilmember Orvis answered some members have expressed interest and other have said they were not interested. There was no way to force cities to participate at any certain level; they would need to voluntarily participate. Mayor Haakenson commented the Health District’s financial issues have been discussed at several recent mayors’ meetings and none of the mayors were supportive of this plan. Councilmember Dawson pointed out it was the legislative bodies of cities who determine what would be included in the budget. She asked Councilmember Orvis to report whether any other cities were willing to provide funds to the Health District. 9. COUNCIL REPORTS ON OUTSIDE COMMITTEE/BOARD MEETINGS Councilmember Wambolt reported the October 13 Port meeting included discussion regarding redesign of the Port operations office to improve efficiency. The meeting also included a workshop on their 2009 budget and Commissioners requested the Port Director make further cuts. The Port plans to hold one more budget workshop. The Port signed a 14-month contract beginning January 1, 2009 with Sound Transit to lease parking spaces during construction. The Skippers property is also being rented for parking. The Port made a decision not to raise their property tax levy which currently generates approximately $400,000. He noted the hotel at Harbor Square was now a Best Western. Councilmember Orvis provided a list of cuts under consideration at the Health District; the goal was $1.7 million in cuts and the proposed cuts total only $1.3 million. He reviewed proposed cuts in administration, communicable disease, vaccine preventable disease clinic, healthy communities, tobacco, environmental health small system water support, and mosquito monitor for West Nile Virus. His goal in 2009 was to ensure the next legislative session enabled Health Districts to ask the voters for funding. Councilmember Bernheim reported the Snohomish County Tomorrow meeting included a discussion of the Cascadia Eastside Rail Project that would operate light-weight diesel powered trains on existing rail lines between Snohomish, Bellevue and Renton with a walking path next to the tracks. It was also announced at the meeting that long-term growth projections for Snohomish County have been lowered by 30,000 for 2025 due to growth in King and Pierce Counties. 10. MAYOR'S COMMENTS Mayor Haakenson had no report. 11. COUNCIL COMMENTS Council President Plunkett commented the Council had gotten a good start on their budget discussions tonight. He encouraged Councilmembers to bring their amendments to Council meetings, cautioning that amendments posed to the Council without advance explanation were less likely to succeed. He also recommended the Council choose a baseline budget. Councilmember Wilson agreed tonight’s discussion was very engaging, one of the best the Council had had. Councilmember Wambolt commented in the last few days a significant amount of time was wasted by a citizen seeking a minor amendment to the minutes of the last Council meeting. The citizen first approached him and when he did not like his answer, he sought Councilmember Bernheim’s assistance. Edmonds City Council Draft Minutes October 28, 2008 Page 18 Councilmember Wambolt reminded that the Council minutes were summary minutes and not verbatim. In the future he suggested citizens only propose amendments to the minutes that had some substance. In response to Mr. Hertrich’s assertion that his mind was made up and he did not want any further public hearings, Councilmember Wambolt clarified he said that only about the 1% increase in the property tax levy. In response to Mr. Hertrich’s statement that 3-story buildings were his favorite thing in the BD zone, Councilmember Wambolt clarified he supported a 30-foot height and had unsuccessfully introduced a motion that would have limited buildings to two stories. With regard to Mr. Hertrich’s comment about Ms. Cantwell’s letter, Councilmember Wambolt assured he did not say that Mr. Hertrich had written the letter. He encouraged Mr. Hertrich to present facts to the Council during public comment. Councilmember Bernheim expressed his support for funding the Health District. He displayed his utility bill, highlighting a 60% reduction in his family’s natural gas consumption in October 2008 as compared to October 2007, cuts he believed everyone would need to make soon. He urged the Council to take a leadership role and to take pride in achieving reductions in energy use, driving less, etc., and urged the community to strive for real and substantial savings in energy. With regard to the proposed increase in utility taxes, Student Representative Warren suggested identifying other sources of revenue. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:35 p.m. AM-1890 2.C. Approval of Claim Checks Edmonds City Council Meeting Date:11/03/2008 Submitted By:Debbie Karber Time:Consent Department:Administrative Services Type:Action Review Committee: Action:Approved for Consent Agenda Information Subject Title Approval of claim checks #107804 through #107936 for October 30, 2008 in the amount of $237,208.30. Recommendation from Mayor and Staff Approval of claim checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2008 Revenue: Expenditure:$237,208.30 Fiscal Impact: Claims: $237,208.30 Attachments Link: Claim cks 10-30-08 Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Kathleen Junglov 10/30/2008 12:51 PM APRV 2 City Clerk Sandy Chase 10/30/2008 02:21 PM APRV 3 Mayor Gary Haakenson 10/30/2008 02:43 PM APRV 4 Final Approval Sandy Chase 10/30/2008 02:54 PM APRV Form Started By: Debbie Karber  Started On: 10/30/2008 12:37 PM Final Approval Date: 10/30/2008 10/30/2008 Voucher List City of Edmonds 1 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107804 10/30/2008 071177 ADVANTAGE BUILDING SERVICES 08-533 JANITORIAL JANITORIAL 411.000.656.538.800.410.23 334.00 FLOOR MAINTENANCE08-534 FLOOR MAINTENANCE 411.000.656.538.800.410.23 273.33 Total :607.33 107805 10/30/2008 065568 ALLWATER INC 101608046 COEWASTE DRINKING WATER 411.000.656.538.800.310.11 27.85 Sales Tax 411.000.656.538.800.310.11 0.98 Total :28.83 107806 10/30/2008 068330 AMERICAN PRINTING 43515 Masters for Bldg Div Masters for Bldg Div 001.000.620.524.100.490.00 419.27 Bld Div Reminder Cards43516 Bld Div Reminder Cards 001.000.620.524.100.490.00 212.36 Stop Work Posters - for Bld Div43517 Stop Work Posters - for Bld Div 001.000.620.524.100.490.00 53.36 Total :684.99 107807 10/30/2008 069751 ARAMARK 655-3906987 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 34.04 Sales Tax 001.000.640.576.800.240.00 3.03 Total :37.07 107808 10/30/2008 069751 ARAMARK 655-3900412 STREET/STORM - UNIFORM SVC 1Page: 10/30/2008 Voucher List City of Edmonds 2 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107808 10/30/2008 (Continued)069751 ARAMARK STREET/STORM - UNIFORM SVC 111.000.653.542.900.240.00 3.51 STREET/STORM - UNIFORM SVC 411.000.652.542.900.240.00 3.51 Sales Tax 111.000.653.542.900.240.00 0.31 Sales Tax 411.000.652.542.900.240.00 0.31 FLEET UNIFORM SVC655-3900413 FLEET UNIFORM SVC 511.000.657.548.680.240.00 19.50 Sales Tax 511.000.657.548.680.240.00 1.74 FAC MAINT UNIFORM SVC655-3906988 FAC MAINT UNIFORM SVC 001.000.651.519.920.240.00 40.44 Sales Tax 001.000.651.519.920.240.00 3.60 2Page: 10/30/2008 Voucher List City of Edmonds 3 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107808 10/30/2008 (Continued)069751 ARAMARK PW MATS655-3911610 PW MATS 001.000.650.519.910.410.00 1.75 PW MATS 111.000.653.542.900.410.00 6.65 PW MATS 411.000.652.542.900.410.00 6.65 PW MATS 411.000.654.534.800.410.00 6.65 PW MATS 411.000.655.535.800.410.00 6.65 PW MATS 511.000.657.548.680.410.00 6.65 Sales Tax 001.000.650.519.910.410.00 0.16 Sales Tax 111.000.653.542.900.410.00 0.59 Sales Tax 411.000.652.542.900.410.00 0.59 Sales Tax 411.000.654.534.800.410.00 0.59 Sales Tax 411.000.655.535.800.410.00 0.59 Sales Tax 511.000.657.548.680.410.00 0.60 STREET/STORM UNIFORM SVC655-3911612 STREET/STORM UNIFORM SVC 111.000.653.542.900.240.00 3.51 STREET/STORM UNIFORM SVC 411.000.652.542.900.240.00 3.51 Sales Tax 111.000.653.542.900.240.00 0.31 Sales Tax 411.000.652.542.900.240.00 0.31 3Page: 10/30/2008 Voucher List City of Edmonds 4 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :118.6810780810/30/2008 069751 069751 ARAMARK 107809 10/30/2008 069751 ARAMARK 655-3906990 18386001 UNIFORMS 411.000.656.538.800.240.00 95.61 Sales Tax 411.000.656.538.800.240.00 8.51 Total :104.12 107810 10/30/2008 067398 ARGO INTERNATIONAL SI-51968 C-1100002 DIAPHRAGM 411.000.656.538.800.310.21 112.20 Freight 411.000.656.538.800.310.21 15.27 Sales Tax 411.000.656.538.800.310.21 11.42 Total :138.89 107811 10/30/2008 071120 ASHLAND SPECIALTY CHEMICALS 2500068288 113009/0702 POLYMER 411.000.656.538.800.310.51 1,152.00 Total :1,152.00 107812 10/30/2008 064343 AT&T 425-771-0152 STATION #16 FAX STATION #16 FAX 001.000.510.522.200.420.00 35.30 Total :35.30 107813 10/30/2008 064807 ATS AUTOMATION INC 037373 alerton system-PW~ alerton system-PW~ 001.000.651.519.920.480.00 66.20 Sales Tax 001.000.651.519.920.480.00 5.89 Total :72.09 107814 10/30/2008 070305 AUTOMATIC FUNDS TRANSFER 47568 OUT SOURCING OF UTILITY BILLS 4Page: 10/30/2008 Voucher List City of Edmonds 5 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107814 10/30/2008 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #400 PRINTING 411.000.652.542.900.490.00 124.43 UB Outsourcing area #400 PRINTING 411.000.654.534.800.490.00 124.43 UB Outsourcing area #400 PRINTING 411.000.655.535.800.490.00 124.81 UB Outsourcing area #400 POSTAGE 411.000.654.534.800.420.00 387.61 UB Outsourcing area #400 POSTAGE 411.000.655.535.800.420.00 387.60 Sales Tax 411.000.652.542.900.490.00 11.20 Sales Tax 411.000.654.534.800.490.00 11.20 Sales Tax 411.000.655.535.800.490.00 11.23 Total :1,182.51 107815 10/30/2008 063408 BARTELS & STOUT INC 1108119A C-MOUNT ADAPTER C-MOUNT ADAPTER 411.000.656.538.800.310.21 626.00 Freight 411.000.656.538.800.310.21 18.00 Sales Tax 411.000.656.538.800.310.21 57.31 Total :701.31 107816 10/30/2008 002500 BLUMENTHAL UNIFORM CO INC 704839 INV#704839 DRINKWINE/EDMONDS PD SERVICE BARS/DRINKWINE 001.000.410.521.220.240.00 11.70 Sales Tax 001.000.410.521.220.240.00 1.04 5Page: 10/30/2008 Voucher List City of Edmonds 6 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107816 10/30/2008 (Continued)002500 BLUMENTHAL UNIFORM CO INC INV#704841 SMITH/EDMONDS PD704841 SERVICE BARS/SMITH 001.000.410.521.220.240.00 7.80 Sales Tax 001.000.410.521.220.240.00 0.69 Total :21.23 107817 10/30/2008 071434 BRUNETTE, SISSEL BRUNETTE10092 PRENATAL FITNESS PRENATAL FITNESS 001.000.640.575.540.410.00 154.00 Total :154.00 107818 10/30/2008 071942 CAMPBELL, JULANN CAMPBELL1039 OIL PAINTING CLASSES OIL PAINTING #10039 001.000.640.574.200.410.00 739.20 OIL PAINTING #10040 001.000.640.574.200.410.00 616.00 Total :1,355.20 107819 10/30/2008 071816 CARLSON, JESSICA CARLSON10017 ART FOR KIDZ ART FOR KIDZ - ADVENTURES IN DRAWING 001.000.640.574.200.410.00 390.60 Total :390.60 107820 10/30/2008 003320 CASCADE MACHINERY & ELECTRIC 342710 LS 1 - PUMP REPAIR LS 1 - PUMP REPAIR 411.000.655.535.800.480.00 3,196.42 Sales Tax 411.000.655.535.800.480.00 287.68 Total :3,484.10 107821 10/30/2008 068484 CEMEX / RINKER MATERIALS 9416165929 STORM - DUMP FEES STORM - DUMP FEES 411.000.652.542.320.490.00 188.25 6Page: 10/30/2008 Voucher List City of Edmonds 7 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107821 10/30/2008 (Continued)068484 CEMEX / RINKER MATERIALS STREET - 3RD & JAMES SIDEWALK REPAIR -9416165930 STREET - 3RD & JAMES SIDEWALK REPAIR - 111.000.653.542.610.310.00 978.25 Sales Tax 111.000.653.542.610.310.00 87.06 Total :1,253.56 107822 10/30/2008 064840 CHAPUT, KAREN E CHAPUT9949 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #9949 001.000.640.574.200.410.00 185.50 Total :185.50 107823 10/30/2008 003710 CHEVRON AND TEXACO BUSINESS 7898305185 ACCT#7898305185 - EDMONDS FUEL CHARGES/NACR UNIT 104.000.410.521.210.320.00 175.67 Total :175.67 107824 10/30/2008 066382 CINTAS CORPORATION 460272876 UNIFORMS Volunteers 001.000.510.522.410.240.00 20.00 Sales Tax 001.000.510.522.410.240.00 1.78 OPS UNIFORMS460272877 Stn. 16 001.000.510.522.200.240.00 107.08 Sales Tax 001.000.510.522.200.240.00 9.53 7Page: 10/30/2008 Voucher List City of Edmonds 8 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107824 10/30/2008 (Continued)066382 CINTAS CORPORATION UNIFORMS460274081 Stn. 17 - ALS 001.000.510.526.100.240.00 112.27 Stn. 17 - OPS 001.000.510.522.200.240.00 112.27 Sales Tax 001.000.510.526.100.240.00 10.00 Sales Tax 001.000.510.522.200.240.00 9.99 OPS UNIFORMS460274106 Stn. 20 001.000.510.522.200.240.00 125.56 Sales Tax 001.000.510.522.200.240.00 11.17 Total :519.65 107825 10/30/2008 069947 CITRIX SYSTENS INC 90787485 Xen Server Maint 6 users 9/30/08-9/30/09 Xen Server Maint 6 users 9/30/08-9/30/09 001.000.310.518.880.480.00 2,400.00 Sales Tax 001.000.310.518.880.480.00 213.60 Total :2,613.60 107826 10/30/2008 019215 CITY OF LYNNWOOD SWAT AMMO SWAT AMMO REIMBURSEMENT/EDMONDS SWAT AMMO REIMBURSEMENT 001.000.410.521.230.310.00 3,506.23 Total :3,506.23 107827 10/30/2008 071389 COASTAL WEAR PRODUCTS INC 568 UNITS 55 & 138 - TUBE BROOMS, UNITS 55 & 138 - TUBE BROOMS, 511.000.657.548.680.310.00 1,735.60 Sales Tax 511.000.657.548.680.310.00 154.47 Total :1,890.07 8Page: 10/30/2008 Voucher List City of Edmonds 9 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107828 10/30/2008 004095 COASTWIDE LABORATORIES W1980333 FAC - MATS FAC - MATS 001.000.651.519.920.350.00 519.51 Sales Tax 001.000.651.519.920.350.00 46.24 FAC - CLIPS FOR MATSW1980333-1 FAC - CLIPS FOR MATS 001.000.651.519.920.310.00 10.27 Sales Tax 001.000.651.519.920.310.00 0.91 FAC - VERSAMATIC SUPPLIESW1986130 FAC - VERSAMATIC SUPPLIES 001.000.651.519.920.310.00 236.91 Sales Tax 001.000.651.519.920.310.00 21.08 FAC MAINT - TT, BIGFOLDS, KIT ROLLW1986452 FAC MAINT - TT, BIGFOLDS, KIT ROLL 001.000.651.519.920.310.00 348.30 Sales Tax 001.000.651.519.920.310.00 31.00 FAC MAINT - DISP GLOVES, SPONGES,W1988293 FAC MAINT - DISP GLOVES, SPONGES, 001.000.651.519.920.310.00 919.94 Sales Tax 001.000.651.519.920.310.00 81.87 Total :2,216.03 107829 10/30/2008 064369 CODE PUBLISHING CO 31613 Edmonds City Code (English) Edmonds City Code (English) 001.000.620.532.200.490.00 160.00 Sales Tax 001.000.620.532.200.490.00 14.24 Total :174.24 107830 10/30/2008 069983 COMMERCIAL CARD SOLUTIONS 2276 #2276 - GANNON 9Page: 10/30/2008 Voucher List City of Edmonds 10 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107830 10/30/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS LODGING/GANNON/FBINNA TRAINING~ 001.000.410.521.400.430.00 71.31 FUEL/GANNON/FBINNA TRAINING~ 001.000.410.521.400.430.00 30.01 FOOD/GANNON/TAC MEETING 9/17/08 001.000.410.521.100.310.00 22.80 CREDIT ON BILLING 09/09/08 - GANNON2276 POWER ADAPTER/RETURN 001.000.410.521.210.310.00 -124.60 #2276- GANNON2276 MEAL/GANNON 001.000.410.521.400.430.00 13.84 LATE CHARGE 001.000.410.521.100.490.00 2.89 10Page: 10/30/2008 Voucher List City of Edmonds 11 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107830 10/30/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS #8272 - EDMONDS8272 MEAL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 9.86 FUEL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 74.23 MEAL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 90.01 MEAL/EVOC TRAINING FROLAND~ 001.000.410.521.400.430.00 16.51 MEAL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 181.38 FUEL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 44.52 MEAL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 28.72 FUEL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 27.73 MEA/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 26.55 MEAL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 20.14 FUEL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 37.95 MEAL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 84.53 FUEL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 23.16 MEAL/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 18.86 LODGING/EVOC TRAINING/FROLAND~ 001.000.410.521.400.430.00 1,033.92 CANON A2000IS & 750GB HARD DRIVE~ 001.000.410.521.310.310.00 457.36 MAILROON SCALE/CHROME SHELVING 11Page: 10/30/2008 Voucher List City of Edmonds 12 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107830 10/30/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS 001.000.410.521.910.310.00 273.51 HAND CART & HALOGEN LAMP~ 001.000.410.521.910.310.00 370.12 #8298 - BARD8298 AIRFAIR/ IN CUSTODY/MACHADO~ 001.000.410.521.400.430.00 260.50 LODGING/IN CUSTODY/MACHARO~ 001.000.410.521.400.430.00 73.03 REGISTRATION/MACHADO/~ 001.000.410.521.400.490.00 595.00 ENGRAVING BADGE/LASER LIGHT 001.000.410.521.100.310.00 6.75 PBT GAS TO CERTIFY 001.000.410.521.310.310.00 185.00 FUEL/WSLET CONF/BARD~ 001.000.410.521.400.430.00 44.00 MEAL/WSLET CONF/BARD~ 001.000.410.521.400.430.00 56.15 LODGING/WSLET CONF/BARD~ 001.000.410.521.400.430.00 78.59 ACTIVE SHOOTER MANUAL PRINTING 001.000.410.521.400.350.00 2,457.40 #9237 LAWLESS9237 LATE CHARGE ON ACCOUNT 001.000.410.521.100.490.00 1.41 12Page: 10/30/2008 Voucher List City of Edmonds 13 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107830 10/30/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS #9821 - EDMONDS9821 LODGING/WSP-ACCESS/GREENE~ 001.000.410.521.400.430.00 88.00 MEAL/WSP-ACCESS/GREENE~ 001.000.410.521.400.430.00 38.81 MEAL/SWP-ACCESS/GREENE~ 001.000.410.521.400.430.00 5.10 LODGING/ WSP-ACCESS/GREENE~ 001.000.410.521.400.430.00 88.00 MEAL/WSP-ACCESS/GREENE~ 001.000.410.521.400.430.00 12.25 MEAL/GANG WORKSHOP/POFF~ 001.000.410.521.400.430.00 11.60 MEAL.GANG WORKSHOP/POFF~ 001.000.410.521.400.430.00 17.25 FUEL/GANG WORKSHOP/POFF~ 001.000.410.521.400.430.00 47.06 LODGING/GANG WORKSHOP/POFF~ 001.000.410.521.400.430.00 153.76 Total :7,054.97 107831 10/30/2008 069983 COMMERCIAL CARD SOLUTIONS 4715630649063718 Computer Support Tech, #08-45 ad Computer Support Tech, #08-45 ad 001.000.220.516.100.440.00 25.00 Total :25.00 107832 10/30/2008 069983 COMMERCIAL CARD SOLUTIONS 2425 CREDIT CARD TRANSACTIONS 13Page: 10/30/2008 Voucher List City of Edmonds 14 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107832 10/30/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS BIRD FEST SUPPLIES 001.000.240.513.110.310.00 10.85 PARK MAINTENANCE MAGAZINE SUBSCRIPTION 001.000.640.576.800.490.00 30.00 CLIFF EDWARDS CONFERENCE TRAVEL 130.000.640.536.200.430.00 398.04 MEADOWDALE PRESCHOOL 001.000.640.575.560.310.00 330.78 WHIFFLE BALLS 001.000.640.575.520.310.00 5.43 ARTS COMMISSION 117.100.640.573.100.490.00 14.71 SIGN AND BROCHURE HOLDERS 117.100.640.573.100.310.00 43.11 MEADOWDALE PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 195.31 4TH AVE CORRIDOR PROJECT 132.000.640.594.760.310.00 57.08 MEADOWDALE PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 131.42 BOOK DISPLAY 001.000.640.574.200.310.00 87.61 ART COMMISSION SUPPLIES 117.100.640.573.100.310.00 21.98 LUNCH FOR WRITERS CONFERENCE 117.100.640.573.100.310.00 1,280.57 GYMNASTICS TEAM REGISTRATION 001.000.640.575.550.490.00 125.00 WRITE ON THE SOUND LUNCHES 117.100.640.573.100.310.00 17.98 BOOKS FOR WAITING AREA 001.000.640.574.200.310.00 18.88 GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 243.34 14Page: 10/30/2008 Voucher List City of Edmonds 15 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107832 10/30/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS CREDIT CARD TRANSACTIONS2994 CATERING FOR FRIENDSHIP DINNER 623.200.210.557.210.490.00 1,000.00 SISTER CITY WRAPPING PAPER 623.200.210.557.210.490.00 13.00 JUICE/SISTER CITY 623.200.210.557.210.490.00 8.49 SISTER CITY COLOR COPIES 623.200.210.557.210.490.00 60.41 SISTER CITY HALLOWEEN DELEGATION 623.200.210.557.210.490.00 127.48 Total :4,221.47 107833 10/30/2008 069983 COMMERCIAL CARD SOLUTIONS 1287 GetNet~Print Server for Parks Dept 15Page: 10/30/2008 Voucher List City of Edmonds 16 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107833 10/30/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS GetNet~Print Server for Parks Dept 001.000.640.574.100.310.00 36.80 ComputerStop~Maint Repair Parts 001.000.310.518.880.310.00 245.22 Office Max~Card Reader 001.000.310.518.880.350.00 22.86 Sno Co~Parking C Nelson 001.000.310.518.880.430.00 2.00 BlackberryDen~Data Charging Cable 001.000.310.518.880.310.00 37.70 IceWeb~Portal Subscription & Verizon 001.000.310.518.880.490.00 64.85 Amazon~Ditigal USB 001.000.310.518.880.350.00 254.48 Costco.com~XGA Projector 117.100.640.573.100.350.00 620.72 Office Max~Printing/Fire Dept 001.000.510.522.200.490.00 97.54 MyOtherBrother~Registration C Nelson 001.000.310.518.880.490.00 250.00 IceWeb~Portal Subscription 001.000.310.518.880.490.00 29.95 Total :1,662.12 107834 10/30/2008 072513 CONATY, LEANNE CONATY10020 ART WITH LEANNE CONATY ART WITH LEANNE #10020 001.000.640.574.200.410.00 308.00 Total :308.00 107835 10/30/2008 069848 CRAM, KATHERINE CRAM10168 IRISH DANCE CLASSES 16Page: 10/30/2008 Voucher List City of Edmonds 17 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107835 10/30/2008 (Continued)069848 CRAM, KATHERINE IRISH DANCE FOR KIDS #10168 001.000.640.574.200.410.00 243.95 IRISH DANCE 13+ #10163 001.000.640.574.200.410.00 224.00 IRISH DANCE 13+ #10160 001.000.640.574.200.410.00 210.00 IRISH DANCE FOR KIDS # 10180 001.000.640.574.200.410.00 73.50 Total :751.45 107836 10/30/2008 066368 CRYSTAL AND SIERRA SPRINGS 1008 2989771 INV#2989771 5374044 EDMONDS PD COOLER RENTAL/DRINKING WATER 001.000.410.521.100.310.00 62.36 Total :62.36 107837 10/30/2008 072525 CT SALES, INC 62288-08 REBAR REBAR 001.000.640.576.800.310.00 110.00 Sales Tax 001.000.640.576.800.310.00 8.36 Total :118.36 107838 10/30/2008 005965 CUES INC 295869 SEWER - SCREW SET, SPINDLE SPROCKETS, SEWER - SCREW SET, SPINDLE SPROCKETS, 411.000.655.535.800.310.00 130.20 Freight 411.000.655.535.800.310.00 5.14 Sales Tax 411.000.655.535.800.310.00 11.78 Total :147.12 107839 10/30/2008 006200 DAILY JOURNAL OF COMMERCE 3209822 E8FD.RFQ Storm Comp Plan Update E8FD.RFQ Storm Comp Plan Update 412.200.630.594.320.650.00 553.80 17Page: 10/30/2008 Voucher List City of Edmonds 18 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107839 10/30/2008 (Continued)006200 DAILY JOURNAL OF COMMERCE E8FD.Revised Storm Comp Plan RFQ ad3209943 E8FD.Revised Storm Comp Plan RFQ ad 412.200.630.594.320.650.00 99.45 Total :653.25 107840 10/30/2008 047450 DEPT OF INFORMATION SERVICES 2008090128 CUSTOMER ID# D200-0 Scan Services for September-08 001.000.390.528.800.420.00 295.03 Total :295.03 107841 10/30/2008 064531 DINES, JEANNIE 08-2927 MINUTE TAKING 10/21 Council Minutes 001.000.250.514.300.410.00 372.00 Total :372.00 107842 10/30/2008 069605 EAGLE EYE CONSULTING ENGINEERS 2008052 2008052 Prof Serv for Bld Div - Stoulil, 001.000.620.524.100.410.00 4,060.52 Total :4,060.52 107843 10/30/2008 007675 EDMONDS AUTO PARTS 1774 SUPPLIES GREASE CARTRIDGE 130.000.640.536.500.310.00 45.00 Sales Tax 130.000.640.536.500.310.00 4.01 Total :49.01 107844 10/30/2008 007675 EDMONDS AUTO PARTS 1984 TRAINING SUPPLIES speaker wire for auto extrictn 001.000.510.522.400.310.00 5.99 Sales Tax 001.000.510.522.400.310.00 0.53 Total :6.52 107845 10/30/2008 008705 EDMONDS WATER DIVISION 1-02125 CITY PARK SPRINKLER METER 18Page: 10/30/2008 Voucher List City of Edmonds 19 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107845 10/30/2008 (Continued)008705 EDMONDS WATER DIVISION CITY PARK SPRINKLER METER 001.000.640.576.800.470.00 52.25 CORNER PLANTER ON 5TH1-16130 CORNER PLANTER ON 5TH 001.000.640.576.800.470.00 77.77 PINE STREE PLAYFIELD1-19950 PINE STREE PLAYFIELD 001.000.640.576.800.470.00 43.19 Total :173.21 107846 10/30/2008 008705 EDMONDS WATER DIVISION 2-26950 LIFT STATION #3 LIFT STATION #3 411.000.655.535.800.470.00 45.09 Total :45.09 107847 10/30/2008 047407 EMPLOYMENT SECURITY DEPT Q3-08 ES REF # 945133-10 7 Q3-08 Unemployment Insurance 001.000.390.517.780.230.00 391.70 Total :391.70 107848 10/30/2008 072523 FAST HEATING AND AIR Ref000194491 LI Refund Cst #00212476 LI Refund Cst #00212476 001.000.000.257.310.000.00 25.00 Total :25.00 107849 10/30/2008 009880 FEDEX 2-965-20544 E8FA.Fedex contract to Otak E8FA.Fedex contract to Otak 412.200.630.594.320.650.00 23.20 Total :23.20 107850 10/30/2008 066590 FELIX LLC, ROBERT W FELIX9906 STOP SMOKING WITH HYPNOSIS STOP SMOKING WITH HYPNOSIS~ 001.000.640.574.200.410.00 189.00 Total :189.00 107851 10/30/2008 009815 FERGUSON ENTERPRISES INC 1289882 PROJECT SUPPLIES 19Page: 10/30/2008 Voucher List City of Edmonds 20 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107851 10/30/2008 (Continued)009815 FERGUSON ENTERPRISES INC PROJECT SUPPLIES 116.000.651.519.920.310.00 110.00 Sales Tax 116.000.651.519.920.310.00 9.79 PROJECT SUPPLIES1339195 PROJECT SUPPLIES 116.000.651.519.920.310.00 135.01 Freight 116.000.651.519.920.310.00 5.08 Sales Tax 116.000.651.519.920.310.00 12.46 LF 10 - WATER SYSTEM REPAIR SUPPLIES1340832 LF 10 - WATER SYSTEM REPAIR SUPPLIES 411.000.655.535.800.310.00 39.78 Sales Tax 411.000.655.535.800.310.00 3.54 Total :315.66 107852 10/30/2008 009815 FERGUSON ENTERPRISES INC 1339999 17983 PIPE 411.000.656.538.800.310.21 275.48 Sales Tax 411.000.656.538.800.310.21 24.52 179831339999-1 VALVES 411.000.656.538.800.310.21 122.80 Freight 411.000.656.538.800.310.21 15.97 Sales Tax 411.000.656.538.800.310.21 12.35 179831340012 PVC 411.000.656.538.800.310.21 69.50 Sales Tax 411.000.656.538.800.310.21 6.19 20Page: 10/30/2008 Voucher List City of Edmonds 21 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107852 10/30/2008 (Continued)009815 FERGUSON ENTERPRISES INC 179831344220 SEAL KIT 411.000.656.538.800.310.21 89.58 Freight 411.000.656.538.800.310.21 14.87 Sales Tax 411.000.656.538.800.310.21 9.29 Total :640.55 107853 10/30/2008 010187 FIRE ENGINEERING 510-1028 OPS MISC MC dig mag & web 001.000.510.522.200.490.00 24.95 Total :24.95 107854 10/30/2008 070271 FIRST STATES INVESTORS 5200 221781 TENANT #101706 4TH AVE PARKING LOT RENT 11/08 4th Avenue Parking Lot Rent 001.000.390.519.900.450.00 300.00 Total :300.00 107855 10/30/2008 071562 FORMA 4307 E6MA.Welcome & Street Sign Design E6MA.Welcome & Street Sign Design 129.000.240.595.700.650.00 2,820.00 Total :2,820.00 107856 10/30/2008 010665 FOSTER PEPPER PLLC 901211 Fiber Optics Proj Legal Fees Fiber Optics Proj Legal Fees 001.000.310.518.870.410.00 487.50 Total :487.50 107857 10/30/2008 071945 GILL-ROSE, SUE ROSE9920 BEGINNING DRAWING BEGINNING DRAWING #9920 001.000.640.574.200.410.00 246.40 BEGINNING/INTERMEDIATE WATERCOLOR #9923 001.000.640.574.200.410.00 308.00 Total :554.40 21Page: 10/30/2008 Voucher List City of Edmonds 22 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107858 10/30/2008 018495 GLACIER NORTHWEST 90595055 STREET - CONCRETE STREET - CONCRETE 111.000.653.542.610.310.00 418.95 Sales Tax 111.000.653.542.610.310.00 37.71 STREET - CONCRETE90595056 STREET - CONCRETE 111.000.653.542.610.310.00 884.00 Sales Tax 111.000.653.542.610.310.00 79.56 Total :1,420.22 107859 10/30/2008 068617 GLEISNER, BARBARA GLEISNER10002 TAI CHI CLASSES TAI CHI #10002 001.000.640.575.540.410.00 283.50 QIGONG #10007 001.000.640.575.540.410.00 283.50 TAI CHI #10000 001.000.640.575.540.410.00 1,086.75 QIGONG #10009 001.000.640.575.540.410.00 519.75 TAI CHI #10004 001.000.640.575.540.410.00 614.25 Total :2,787.75 107860 10/30/2008 072515 GOOGLE INC 531533 INTERNET ANTI-VIRUS & SPAM MAINT FEE 09/08 Internet Anti-Virus & Spam Maint 001.000.310.518.880.480.00 573.57 Total :573.57 107861 10/30/2008 012199 GRAINGER 9752809948 LIBRARY - FAN MOTOR LIBRARY - FAN MOTOR 001.000.651.519.920.310.00 109.72 Sales Tax 001.000.651.519.920.310.00 9.76 22Page: 10/30/2008 Voucher List City of Edmonds 23 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107861 10/30/2008 (Continued)012199 GRAINGER FS 16 - ACCESS DOOR9759135263 FS 16 - ACCESS DOOR 001.000.651.519.920.310.00 56.97 Sales Tax 001.000.651.519.920.310.00 5.07 PW - VARIABLE PITCH SHEAVE9759163729 PW - VARIABLE PITCH SHEAVE 001.000.651.519.920.310.00 68.44 Sales Tax 001.000.651.519.920.310.00 6.09 Total :256.05 107862 10/30/2008 065684 GREENMUN, AARON Greenmun GREENMUN REPLACEMENT CK FOR DIRECT DEP Replace $100.00 direct deposit that was 001.000.410.521.210.110.00 100.00 Total :100.00 107863 10/30/2008 060985 HARRINGTON INDUSTRIAL PLASTICS 007A1294 036570 VALVE BALL CHECK 411.000.656.538.800.310.21 117.30 Freight 411.000.656.538.800.310.21 18.66 Sales Tax 411.000.656.538.800.310.21 12.10 Total :148.06 107864 10/30/2008 006030 HDR ENGINEERING INC 54997-H E4GA.Services thru 09/27/08 E4GA.Services thru 09/27/08 412.300.630.594.320.410.00 20,144.20 E7AC.Services thru 09/27/0856747-H E7AC.Services thru 09/27/08 112.200.630.595.440.410.00 2,603.86 Total :22,748.06 107865 10/30/2008 071368 HEFFERAN, BRIGITTE HEFFERAN10072 CALLIGRAPHY CLASSES 23Page: 10/30/2008 Voucher List City of Edmonds 24 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107865 10/30/2008 (Continued)071368 HEFFERAN, BRIGITTE BEGINNING COPPERPLATE #10072 001.000.640.574.200.410.00 840.00 BEGINNING COPPERPLATE #10073 001.000.640.574.200.410.00 577.50 Total :1,417.50 107866 10/30/2008 062899 HUFF, ARIELE HUFF10077 ONLINE WRITING WRITE ABOUT YORU LIFE: ONLINE~ 001.000.640.574.200.410.00 128.80 Total :128.80 107867 10/30/2008 072041 IBS INCORPORATED 415846-1 FLEET SHOP - DRILL BIT FLEET SHOP - DRILL BIT 511.000.657.548.680.311.00 8.70 Freight 511.000.657.548.680.311.00 7.09 Sales Tax 511.000.657.548.680.311.00 1.41 Total :17.20 107868 10/30/2008 070864 IDEARC MEDIA CORP 360002228227 C/A 360000657091 09/08 Basic e-commerce hosting 001.000.390.528.800.420.00 34.95 C/A 360000764828360002240014 09/08 Web Server Hosting for Internet 001.000.390.528.800.420.00 34.95 Total :69.90 107869 10/30/2008 070042 IKON FINANCIAL SERVICES 77691816 INV#77691816 EDMONDS PD RENT BILLINGS 10/13/08 TO 11/12/08 001.000.410.521.100.450.00 821.73 ADDITIONAL IMAGES 001.000.410.521.100.450.00 185.70 Sales Tax 001.000.410.521.100.450.00 89.67 24Page: 10/30/2008 Voucher List City of Edmonds 25 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,097.1010786910/30/2008 070042 070042 IKON FINANCIAL SERVICES 107870 10/30/2008 070042 IKON FINANCIAL SERVICES 77743343 COPIER LEASE COPIER LEASE~ 001.000.640.574.100.450.00 436.18 Total :436.18 107871 10/30/2008 071634 INTEGRA TELECOM 010494746 C/A 010494746 PR1-1 City Phone Service 001.000.390.528.800.420.00 815.71 C/A 010494746010494746 PR1-1 City Phone Service 001.000.390.528.800.420.00 830.39 C/A 010495174010495174 PR1-2 City Phone Service 001.000.390.528.800.420.00 913.83 Total :2,559.93 107872 10/30/2008 014940 INTERSTATE ALL BATTERY CENTER 110430462 UNIT 485 - BATTERIES UNIT 485 - BATTERIES 511.000.657.548.680.310.00 147.90 Sales Tax 511.000.657.548.680.310.00 13.16 FLEET - RETURN INVENTORY STOCK BATTERY110430506 FLEET - RETURN INVENTORY STOCK BATTERY 511.000.657.548.680.340.40 -53.95 Sales Tax 511.000.657.548.680.340.40 -4.80 FLEET - BATTERY INVENTORY110430508 FLEET - BATTERY INVENTORY 511.000.657.548.680.340.40 69.95 Sales Tax 511.000.657.548.680.340.40 6.23 Total :178.49 107873 10/30/2008 065056 JOHNSON, TROY TJOHNSON1026 PLAZA ROOM MONITOR 25Page: 10/30/2008 Voucher List City of Edmonds 26 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107873 10/30/2008 (Continued)065056 JOHNSON, TROY PLAZA ROOM MONITOR~ 001.000.640.574.100.410.00 105.00 Total :105.00 107874 10/30/2008 072199 JONES & STOKES ASSOCIATES INC 0056828 E7AD.Services thru 09/30/08 E7AD.Services thru 09/30/08 112.200.630.595.440.410.00 7,609.46 E7AD.Services thru 08/31/080057248 E7AD.Services thru 08/31/08 112.200.630.595.440.410.00 11,618.65 Total :19,228.11 107875 10/30/2008 069343 KRAZAN & ASSOCIATES INC 980280-14718 E8GC.Survey for BNSF Double Track E8GC.Survey for BNSF Double Track 412.100.630.594.320.410.00 500.00 E8GC.Survey for BNSF Double Track 412.200.630.594.320.410.00 500.00 E8GC.Survey for BNSF Double Track 412.300.630.594.320.410.00 500.00 Total :1,500.00 107876 10/30/2008 016850 KUKER RANKEN INC 343802-001 12" Engineering Triangular Scale 12" Engineering Triangular Scale 001.000.620.558.800.310.00 11.90 4" Engineering Triangular Scale 001.000.620.558.800.310.00 8.95 Sales Tax 001.000.620.558.800.310.00 1.86 Total :22.71 107877 10/30/2008 017050 KWICK'N KLEEN CAR WASH 091108-01 INV#091108-01 EDMONDS PD 34 BASIC CAR WASHES/AUG 2008 001.000.410.521.220.480.00 85.34 1 VAN WASH/ AUG 2008 001.000.410.521.220.480.00 5.01 26Page: 10/30/2008 Voucher List City of Edmonds 27 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107877 10/30/2008 (Continued)017050 KWICK'N KLEEN CAR WASH INV#10162008-1 EDMONDS PD10162008-1 56 BASIC CAR WASHES/SEPT 2008 001.000.410.521.220.480.00 140.56 1 VAN WASH/ SPET 2008 001.000.410.521.220.480.00 5.01 Total :235.92 107878 10/30/2008 017135 LANDAU ASSOCIATES INC 0023853 Geotech Review Blackbourn Ret Wall Geotech Review Blackbourn Ret Wall 001.000.620.524.100.410.00 5,982.30 Total :5,982.30 107879 10/30/2008 017135 LANDAU ASSOCIATES INC 0023824 E6DA.162nd Street Park Peer Review E6DA.162nd Street Park Peer Review 125.000.640.594.750.410.00 1,492.50 Total :1,492.50 107880 10/30/2008 070478 LANE COMMUNICATIONS INC 580 FIBER & DUCT WORK FOR STEVENS HOSPITAL Design Eng & Contractor Forman for330-00336 001.000.390.528.800.420.00 623.73 King County Sales Tax 001.000.390.528.800.420.00 55.51 Total :679.24 107881 10/30/2008 018760 LUNDS OFFICE ESSENTIALS 099472 OFFICE SUPPLIES Printing letterhead 001.000.250.514.300.310.00 490.00 Sales Tax 001.000.250.514.300.310.00 43.61 27Page: 10/30/2008 Voucher List City of Edmonds 28 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107881 10/30/2008 (Continued)018760 LUNDS OFFICE ESSENTIALS BUSINESS CARDS FOR COURT & POLICE DEPT099487 Business Cards~250-00210 001.000.230.512.501.310.00 44.16 Sharon R. Diehl250-00210 001.000.410.521.110.310.00 19.16 Justin D. Lee250-00210 001.000.410.521.220.310.00 19.16 Sales Tax 001.000.230.512.501.310.00 3.93 Sales Tax 001.000.410.521.110.310.00 1.71 Sales Tax 001.000.410.521.220.310.00 1.70 Total :623.43 107882 10/30/2008 018760 LUNDS OFFICE ESSENTIALS 099473 Letterhead for Eng Div. Letterhead for Eng Div. 001.000.620.558.800.310.00 261.36 Total :261.36 107883 10/30/2008 018950 LYNNWOOD AUTO PARTS INC 563437 SEWER - TV TRUCK BEARINGS SEWER - TV TRUCK BEARINGS 411.000.655.535.800.310.00 107.96 Sales Tax 411.000.655.535.800.310.00 9.61 Total :117.57 107884 10/30/2008 066719 MCKENZIE & ADAMS INC 0071575 SUPPLIES BOOTS, JACKETS, OVERALLS 001.000.640.576.800.310.00 125.10 Sales Tax 001.000.640.576.800.310.00 11.14 Total :136.24 107885 10/30/2008 020039 MCMASTER-CARR SUPPLY CO 13783278 123106800 28Page: 10/30/2008 Voucher List City of Edmonds 29 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107885 10/30/2008 (Continued)020039 MCMASTER-CARR SUPPLY CO HOSE/TUBE FITTING 411.000.656.538.800.310.21 47.20 Freight 411.000.656.538.800.310.21 5.28 Total :52.48 107886 10/30/2008 063773 MICROFLEX 00018123 TAX AUDIT PROGRAM THRU 9/30/08 Tax Audit Program thru 9/30/08 001.000.310.514.230.410.00 405.83 Total :405.83 107887 10/30/2008 072522 MILLER, DAVID & VALERIE 3-33950 RE: #30012473-319 UTILITY REFUND RE: #30012473-319 Utility Refund 411.000.000.233.000.000.00 77.88 Total :77.88 107888 10/30/2008 066395 MYERS TIRE SUPPLY COMPANY 82308658 FLEET SHOP - WORK GLOVES, PATCH FLEET SHOP - WORK GLOVES, PATCH 511.000.657.548.680.311.00 176.35 Freight 511.000.657.548.680.311.00 19.17 Sales Tax 511.000.657.548.680.311.00 17.41 Total :212.93 107889 10/30/2008 064570 NATIONAL SAFETY INC 0236301-IN WATER/SEWER - LG,XLG HVY DTY NTRLE WATER/SEWER - LG,XLG HVY DTY NTRLE 411.000.654.534.800.310.00 198.75 WATER/SEWER - LG,XLG HVY DTY NTRLE 411.000.655.535.800.310.00 198.75 Sales Tax 411.000.654.534.800.310.00 17.69 Sales Tax 411.000.655.535.800.310.00 17.69 Total :432.88 29Page: 10/30/2008 Voucher List City of Edmonds 30 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107890 10/30/2008 024302 NELSON PETROLEUM 0385532-IN FLEET - FILTER INVENTORY FLEET - FILTER INVENTORY 511.000.657.548.680.340.40 37.86 Sales Tax 511.000.657.548.680.340.40 3.37 Total :41.23 107891 10/30/2008 065315 NEWCOMB, TRACY NEWCOMB9963 FUN FACTORY CLASSES MINI ME FUN FACTORY #9963 001.000.640.574.200.410.00 525.00 FUN FACTORY #9959 001.000.640.574.200.410.00 763.00 FUN FACTORY #9960 001.000.640.574.200.410.00 819.00 Total :2,107.00 107892 10/30/2008 061013 NORTHWEST CASCADE INC 0835782 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:~ 001.000.640.576.800.450.00 92.20 HONEY BUCKET RENTAL0835783 HONEY BUCKET RENTAL:~ 001.000.640.576.800.450.00 98.02 Total :190.22 107893 10/30/2008 072116 NORTHWESTERN CONSTRUCTION PAYMENT #9 FAC SEISMIC STRUCTURE RETROFIT PROJECT FAC SEISMIC STRUCTURE RETROFIT PROJECT 116.000.651.594.190.650.00 3,863.00 Total :3,863.00 107894 10/30/2008 063511 OFFICE MAX INC 011706 INV#011706 EDMONDS PD 30Page: 10/30/2008 Voucher List City of Edmonds 31 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107894 10/30/2008 (Continued)063511 OFFICE MAX INC ROLL PAP,KRAFTRL#40,24x1K 001.000.410.521.910.310.00 54.96 ENV, CD/DVD SLEEVES, 250 PER BOX 001.000.410.521.910.310.00 150.16 MULTI USE COPY PAPER 001.000.410.521.100.310.00 352.20 MEMO BOOKS/PATROL SUPPLY 001.000.410.521.220.310.00 11.04 PEN, BALL FLEXIGRIP F BK 001.000.410.521.220.310.00 9.60 PEN, BALL FLEXIGRIP M BE 001.000.410.521.220.310.00 7.33 PEN, FLEXIGRP RETRACTIBLE BK 001.000.410.521.220.310.00 8.28 Sales Tax 001.000.410.521.910.310.00 18.25 Sales Tax 001.000.410.521.100.310.00 31.34 Sales Tax 001.000.410.521.220.310.00 3.23 INV#011933 EDMONDS PD011933 FELLOWS SHREDDER 001.000.410.521.100.310.00 149.99 Sales Tax 001.000.410.521.100.310.00 13.35 Total :809.73 107895 10/30/2008 063511 OFFICE MAX INC 104322 Copy paper 31Page: 10/30/2008 Voucher List City of Edmonds 32 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107895 10/30/2008 (Continued)063511 OFFICE MAX INC Copy paper 001.000.610.519.700.310.00 26.53 Copy paper 001.000.220.516.100.310.00 26.52 Copy paper 001.000.210.513.100.310.00 26.51 Office supplies - HR 001.000.220.516.100.310.00 16.25 Sales Tax 001.000.610.519.700.310.00 2.36 Sales Tax 001.000.220.516.100.310.00 3.81 Sales Tax 001.000.210.513.100.310.00 2.36 Total :104.34 107896 10/30/2008 063511 OFFICE MAX INC 055747 PW ADMIN - SUPPLIES, SHARPENERS PW ADMIN - SUPPLIES, SHARPENERS 001.000.650.519.910.310.00 12.42 Sales Tax 001.000.650.519.910.310.00 1.11 PW ADMIN SUPPLIES - SCISSORS055955 PW ADMIN SUPPLIES - SCISSORS 001.000.650.519.910.310.00 6.92 Sales Tax 001.000.650.519.910.310.00 0.62 32Page: 10/30/2008 Voucher List City of Edmonds 33 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107896 10/30/2008 (Continued)063511 OFFICE MAX INC PW ADMIN 2009 CAL'S84890020 PW ADMIN 2009 CAL'S 001.000.650.519.910.310.00 133.37 STREET/STORM - 2009 CAL'S 411.000.652.542.900.310.00 23.99 STREET/STORM - 2009 CAL'S 111.000.653.542.900.310.00 23.98 WATER/SEWER - 2009 CAL'S 411.000.654.534.800.310.00 12.95 WATER/SEWER - 2009 CAL'S 411.000.655.535.800.310.00 12.95 Sales Tax 001.000.650.519.910.310.00 11.87 Sales Tax 411.000.652.542.900.310.00 2.14 Sales Tax 111.000.653.542.900.310.00 2.13 Sales Tax 411.000.654.534.800.310.00 1.15 Sales Tax 411.000.655.535.800.310.00 1.15 PW ADMIN - 2009 CAL909578 PW ADMIN - 2009 CAL 001.000.650.519.910.310.00 45.11 Sales Tax 001.000.650.519.910.310.00 4.01 33Page: 10/30/2008 Voucher List City of Edmonds 34 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107896 10/30/2008 (Continued)063511 OFFICE MAX INC STREET/STORM - 2009 CAL'S913096 STREET/STORM - 2009 CAL'S 111.000.653.542.900.310.00 19.19 STREET/STORM - 2009 CAL'S 411.000.652.542.900.310.00 19.19 Sales Tax 111.000.653.542.900.310.00 1.71 Sales Tax 411.000.652.542.900.310.00 1.70 WATER/SEWER - 2009 CAL920808 WATER/SEWER - 2009 CAL 411.000.654.534.800.310.00 11.12 WATER/SEWER - 2009 CAL 411.000.655.535.800.310.00 11.12 Sales Tax 411.000.654.534.800.310.00 0.99 Sales Tax 411.000.655.535.800.310.00 0.99 PW - INK FOR HP959259 PW - INK FOR HP 001.000.650.519.910.310.00 109.02 Sales Tax 001.000.650.519.910.310.00 9.71 PW ADMIN - 2009 CAL959381 PW ADMIN - 2009 CAL 001.000.650.519.910.310.00 36.05 Sales Tax 001.000.650.519.910.310.00 3.20 Total :519.86 107897 10/30/2008 063511 OFFICE MAX INC 104386 Office Supplies DSD Office Supplies DSD 001.000.620.558.800.310.00 313.87 Total :313.87 34Page: 10/30/2008 Voucher List City of Edmonds 35 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107898 10/30/2008 025889 OGDEN MURPHY AND WALLACE 670279 September 08 Legal Fees September 08 Legal Fees 001.000.360.515.100.410.00 11,972.57 RETAINER FEES670285 September 08 retainer fees 001.000.360.515.100.410.00 20,100.05 Total :32,072.62 107899 10/30/2008 025889 OGDEN MURPHY AND WALLACE 670285 Prof Serv- Leg Attorney Fees 9/2008 Prof Serv- Leg Attorney Fees 9/2008 001.000.110.511.100.410.00 7,387.90 Total :7,387.90 107900 10/30/2008 072272 OTNESS, JOANNE OTNESS1024 WRITE ON THE SOUND REIMBURSEMENT REIMBURSEMENT FOR WRITE ON THE SOUND 117.100.640.573.100.310.00 363.15 Total :363.15 107901 10/30/2008 002203 OWEN EQUIPMENT COMPANY 00050813 UNIT 55 - RUBBER MOUNT UNIT 55 - RUBBER MOUNT 511.000.657.548.680.310.00 33.68 Freight 511.000.657.548.680.310.00 9.66 Sales Tax 511.000.657.548.680.310.00 3.86 Total :47.20 107902 10/30/2008 027060 PACIFIC TOPSOILS 317901 STORM - DUMP FEES STORM - DUMP FEES 411.000.652.542.320.490.00 113.00 STORM - DUMP FEES317907 STORM - DUMP FEES 411.000.652.542.320.490.00 113.00 STORM DUMP FEES320144 STORM DUMP FEES 411.000.652.542.320.490.00 180.80 35Page: 10/30/2008 Voucher List City of Edmonds 36 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107902 10/30/2008 (Continued)027060 PACIFIC TOPSOILS STORM DUMP FEES320161 STORM DUMP FEES 411.000.652.542.320.490.00 180.80 STORM DUMP FEES320170 STORM DUMP FEES 411.000.652.542.320.490.00 180.80 STORM DUMP FEES320179 STORM DUMP FEES 411.000.652.542.320.490.00 180.80 STORM - DUMP FEES73514 STORM - DUMP FEES 411.000.652.542.320.490.00 96.00 STORM DUMP FEES75087 STORM DUMP FEES 411.000.652.542.320.490.00 216.00 STORM - DUMP FEES75115 STORM - DUMP FEES 411.000.652.542.320.490.00 160.80 STORM DUMP FEES75146 STORM DUMP FEES 411.000.652.542.320.490.00 201.00 STORM DUMP FEES75156 STORM DUMP FEES 411.000.652.542.320.490.00 216.00 STORM DUMP FEES75164 STORM DUMP FEES 411.000.652.542.320.490.00 216.00 STORM DUMP FEES75729 STORM DUMP FEES 411.000.652.542.320.490.00 172.80 Total :2,227.80 107903 10/30/2008 066817 PANASONIC DIGITAL DOCUMENT COM 010660110 COPIER CONTRACT 36Page: 10/30/2008 Voucher List City of Edmonds 37 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107903 10/30/2008 (Continued)066817 PANASONIC DIGITAL DOCUMENT COM COPIER CONTRACT 411.000.656.538.800.450.41 145.22 Sales Tax 411.000.656.538.800.450.41 12.60 Total :157.82 107904 10/30/2008 070091 PARROTT, CHERYL PARROTT10083 STAINED GLASS SNOWFLAKES STAINED GLASS SNOWFLAKES~ 001.000.640.574.200.410.00 70.00 Total :70.00 107905 10/30/2008 069944 PECK, ELIZABETH PECK9911 PILATES PILATES STRETCH & SCULPT #9911 001.000.640.575.540.410.00 476.00 Total :476.00 107906 10/30/2008 008350 PETTY CASH - PARKS & REC PCASH1028 PETTY CASH REIMBURSEMENT WRITE ON THE SOUND SUPPLIES 117.100.640.573.100.310.00 77.99 FERRY FARE FOR HIKING TRIP 001.000.640.574.350.430.00 8.60 WRITE ON THE SOUND SUPPLIES 117.100.640.573.100.310.00 10.92 GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 40.71 PARKING/DOWNTOWN SEATTLE @ SVR 001.000.640.574.100.430.00 10.00 WALL CLOCK FOR GYMNASTICS ROOM 001.000.640.575.550.310.00 9.22 SISTER CITY RIBBON, ETC. 623.200.210.557.210.490.00 3.63 BEST BOOK SUPPLIES 117.100.640.573.100.310.00 3.80 Total :164.87 37Page: 10/30/2008 Voucher List City of Edmonds 38 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107907 10/30/2008 071911 PROTZ, MARGARET PROTZ10102 FELDENKRAIS CLASSES FINDING FLEXIBILITY~ 001.000.640.575.540.410.00 337.40 Total :337.40 107908 10/30/2008 046900 PUGET SOUND ENERGY 7918807004 YOST POOL YOST POOL 001.000.640.576.800.470.00 3,453.11 Total :3,453.11 107909 10/30/2008 046900 PUGET SOUND ENERGY 0101874006 LIBRARY LIBRARY 001.000.651.519.920.470.00 299.06 PARK & BUILDING MAINTENANCE SHOP0230757007 PARK & BUILDING MAINTENANCE SHOP 001.000.651.519.920.470.00 195.51 LIFT STATION #71916766007 LIFT STATION #7 411.000.655.535.800.470.00 57.52 PUBLIC SAFETY-POLICE,CRT & COUNCIL2753166004 PUBLIC SAFETY-POLICE,CRT & COUNCEL 001.000.651.519.920.470.00 463.35 Public Works2776365005 Public Works 001.000.650.519.910.470.00 11.64 Public Works 111.000.653.542.900.470.00 44.25 Public Works 411.000.654.534.800.470.00 44.25 Public Works 411.000.655.535.800.470.00 44.25 Public Works 511.000.657.548.680.470.00 44.25 Public Works 411.000.652.542.900.470.00 44.23 38Page: 10/30/2008 Voucher List City of Edmonds 39 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107909 10/30/2008 (Continued)046900 PUGET SOUND ENERGY LIFT STATION #132986629000 LIFT STATION #13 411.000.655.535.800.470.00 83.92 FLEET5903085008 Fleet 7110 210th St SW 511.000.657.548.680.470.00 336.83 PUBLIC SAFETY-FIRE STATION6439566008 PUBLIC SAFETY-FIRE STATION 001.000.651.519.920.470.00 539.05 ANDERSON CENTER6490327001 ANDERSON CENTER 001.000.651.519.920.470.00 1,373.58 LIFT STATION #88851908007 LIFT STATION #8 411.000.655.535.800.470.00 54.94 FIRE STATION #209919661109 FIRE STATION #20 001.000.651.519.920.470.00 58.95 Total :3,695.58 107910 10/30/2008 046900 PUGET SOUND ENERGY 084-904-700-6 WWTP PUGET SOUND ENERGY WWTP PUGET SOUND ENERGY 411.000.656.538.800.472.63 465.85 Total :465.85 107911 10/30/2008 062657 REGIONAL DISPOSAL COMPANY 000654 STORM STREET SWEEPING DUMP FEES STORM STREET SWEEPING DUMP FEES 411.000.652.542.320.490.00 541.15 Total :541.15 107912 10/30/2008 068483 RH2 ENGINEERING INC 48532 E3JC.Services thru 09/28/08 E3JC.Services thru 09/28/08 412.100.630.594.320.410.00 10,120.25 Total :10,120.25 107913 10/30/2008 072254 RIVER OAKS COMMUNICATIONS CORP 102008 COMCAST CABLE FRANCHISE CONSORTIUM 39Page: 10/30/2008 Voucher List City of Edmonds 40 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107913 10/30/2008 (Continued)072254 RIVER OAKS COMMUNICATIONS CORP Comcast Cable Franchise consortium 001.000.610.519.700.410.00 1,963.50 Total :1,963.50 107914 10/30/2008 066964 SEATTLE AUTOMOTIVE DIST INC 03-952071 UNIT 998 - W PUMP KIT UNIT 998 - W PUMP KIT 511.000.657.548.680.310.00 54.88 Sales Tax 511.000.657.548.680.310.00 4.88 FLEET INVENTORY - PAD03-952623 FLEET INVENTORY - PAD 511.000.657.548.680.340.40 49.89 Sales Tax 511.000.657.548.680.340.40 4.44 UNIT 58 - BRAKE REPAIR SUPPLIES03-952989 UNIT 58 - BRAKE REPAIR SUPPLIES 511.000.657.548.680.310.00 169.79 Sales Tax 511.000.657.548.680.310.00 15.11 UNIT 58 - W PUMP KIT03-953071 UNIT 58 - W PUMP KIT 511.000.657.548.680.310.00 61.98 Sales Tax 511.000.657.548.680.310.00 5.52 FLEET INVENTORY - PADS03-953207 FLEET INVENTORY - PADS 511.000.657.548.680.340.40 149.67 Sales Tax 511.000.657.548.680.340.40 13.32 FLEET INVENTORY - PADS03-953209 FLEET INVENTORY - PADS 511.000.657.548.680.340.40 99.78 Sales Tax 511.000.657.548.680.340.40 8.88 40Page: 10/30/2008 Voucher List City of Edmonds 41 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107914 10/30/2008 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC RETURN SWITCHES05-282949 RETURN SWITCHES 511.000.657.548.680.310.00 -50.64 CORE FEES 511.000.657.548.680.310.00 -23.00 Sales Tax 511.000.657.548.680.310.00 -6.55 Total :557.95 107915 10/30/2008 068489 SIRENNET.COM 0086898-IN UNIT EQ41WQ - SCENE LIGHTS, FLANGE UNIT EQ41WQ - SCENE LIGHTS, FLANGE 511.100.657.594.480.640.00 566.20 UNIT EQ41WQ - SHORT LED ARROW BOARD0086971-IN UNIT EQ41WQ - SHORT LED ARROW BOARD 511.100.657.594.480.640.00 1,643.96 RETURNED HARLEY WINDSHIELD LIGHT ARRAY79130A-CM RETURNED HARLEY WINDSHIELD LIGHT ARRAY 511.000.657.548.680.310.00 -717.21 RETURNED LINK CONTROL HEAD80801A-CM RETURNED LINK CONTROL HEAD 511.000.657.548.680.310.00 -602.00 Total :890.95 107916 10/30/2008 036950 SIX ROBBLEES INC 1-647993 UNIT EQ41WQ - CAMERA KIT UNIT EQ41WQ - CAMERA KIT 511.100.657.594.480.640.00 539.00 Sales Tax 511.100.657.594.480.640.00 47.97 Total :586.97 107917 10/30/2008 036955 SKY NURSERY 271631 FLOWER PROGRAM SUPPLIES FLOWER PROGRAM SUPPLIES 001.000.640.576.810.310.00 42.42 Sales Tax 001.000.640.576.810.310.00 3.82 41Page: 10/30/2008 Voucher List City of Edmonds 42 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107917 10/30/2008 (Continued)036955 SKY NURSERY FLOWER PROGRAM SUPPLIES271632 FLOWER PROGRAM SUPPLIES 001.000.640.576.810.310.00 53.94 Sales Tax 001.000.640.576.810.310.00 4.85 Total :105.03 107918 10/30/2008 037375 SNO CO PUD NO 1 112-000-511-9 22000 84TH AVE W Traffic Signal 220th St SW & 84th Ave W 111.000.653.542.640.470.00 63.54 STREET LIGHT2060015456 STREET LIGHT 111.000.653.542.640.470.00 28.77 BEACON LIGHT CROSS WALK2180017895 BEACON LIGHT CROSS WALK 111.000.653.542.640.470.00 31.62 SIGNAL LIGHT2900012432 SIGNAL LIGHT 111.000.653.542.640.470.00 29.26 LIFT STATION #32960019335 LIFT STATION #3 411.000.655.535.800.470.00 114.10 SIGNAL LIGHT3630019994 SIGNAL LIGHT 111.000.653.542.640.470.00 42.55 Ballinger Lift Station 7403 Ballinger3900430020 Ballinger Lift Station 7403 Ballinger 411.000.655.535.800.470.00 29.26 STREET LIGHT4220016176 STREET LIGHT 111.000.653.542.630.470.00 39.08 STREET LIGHT4430018418 STREET LIGHT 111.000.653.542.640.470.00 38.59 42Page: 10/30/2008 Voucher List City of Edmonds 43 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107918 10/30/2008 (Continued)037375 SNO CO PUD NO 1 FIRE STATION #204650022645 FIRE STATION #20 001.000.651.519.920.470.00 695.04 Lift Station #6 100 Pine St4670302498 Lift Station #6 100 Pine St 411.000.655.535.800.470.00 174.50 STREET LIGHT4860014960 STREET LIGHT 111.000.653.542.640.470.00 37.16 SIGNAL LIGHT5450010938 SIGNAL LIGHT 111.000.653.542.640.470.00 89.63 SIGNAL LIGHT5450011118 SIGNAL LIGHT 111.000.653.542.640.470.00 92.06 Total :1,505.16 107919 10/30/2008 072520 SNYDER, BROOKE SNYDER10131 SCRAPBOOKING CLASS YOU CAN SCRAPBOOK!~ 001.000.640.574.200.410.00 19.50 Total :19.50 107920 10/30/2008 070677 SPRINT 502779811-010 DATA CARDS - EDMONDS PD SEPTEMBER 7 THRU OCTOBER 6, 2008 001.000.410.521.220.420.00 169.97 Total :169.97 107921 10/30/2008 072524 SPRUCE ELEMENTARY SPRUCE1023 REFUNDABLE DAMAGE DEPOSIT REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 200.00 Total :200.00 107922 10/30/2008 069997 SRI TECHNOLOGIES INC 89789 E5GA.Roberts thru 10/11/08 43Page: 10/30/2008 Voucher List City of Edmonds 44 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107922 10/30/2008 (Continued)069997 SRI TECHNOLOGIES INC E5GA.Roberts thru 10/11/08 412.300.630.594.320.650.00 227.50 E5MC.Roberts thru 10/11/08 125.000.640.594.750.650.00 1,852.50 E4GA.Roberts thru 10/11/08 412.300.630.594.320.650.00 227.50 E8CA.Roberts thru 10/11/08 112.200.630.595.330.650.00 877.50 E5MC.Roberts thru 10/18/0890007 E5MC.Roberts thru 10/18/08 125.000.640.594.750.650.00 715.00 E4GA.Roberts thru 10/18/08 412.300.630.594.320.650.00 390.00 E5GA.Roberts thru 10/18/08 412.300.630.594.320.650.00 65.00 E8CA.Roberts thru 10/18/08 112.200.630.595.330.650.00 195.00 E3JB.Roberts thru 10/18/08 412.100.630.594.320.650.00 65.00 Total :4,615.00 107923 10/30/2008 009400 STELLAR INDUSTRIAL SUPPLY INC 2751519 STREET - FLOOR DRY STREET - FLOOR DRY 111.000.653.542.310.310.00 349.30 Sales Tax 111.000.653.542.310.310.00 31.09 Total :380.39 107924 10/30/2008 040430 STONEWAY ELECTRIC SUPPLY 1648881 FAC MAINT - ELECT SUPPLIES FAC MAINT - ELECT SUPPLIES 001.000.651.519.920.310.00 69.22 Sales Tax 001.000.651.519.920.310.00 6.16 44Page: 10/30/2008 Voucher List City of Edmonds 45 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107924 10/30/2008 (Continued)040430 STONEWAY ELECTRIC SUPPLY FAC - ELECT SUPPLIES1655809 FAC - ELECT SUPPLIES 001.000.651.519.920.310.00 272.36 Sales Tax 001.000.651.519.920.310.00 24.24 CITY HALL - ELECT SUPPLIES1655810 CITY HALL - ELECT SUPPLIES 001.000.651.519.920.310.00 424.20 Freight 001.000.651.519.920.310.00 6.24 Sales Tax 001.000.651.519.920.310.00 38.31 Total :840.73 107925 10/30/2008 065459 THE HERALD SUBSCRIPTION 10015985 PW ADMIN - SUBSCRIPTION~ PW ADMIN - SUBSCRIPTION~ 001.000.650.519.910.490.00 162.00 Total :162.00 107926 10/30/2008 011900 VERIZON NORTHWEST 425-AB8-1176 CITY PARK T1 LINE City Park T1 Line 9/16-10/16/08 001.000.310.518.880.420.00 414.98 POLICE T1 LINE425-AB8-2844 Police T1 Line 9/10-10/10/08 001.000.310.518.880.420.00 380.81 POLICE T1 LINE425-AB8-2844 Police T1 Line 10/10-11/10/08 001.000.310.518.880.420.00 375.18 DEDICATED LINE FS #17 TO SNOCOM425-DH0-0667 Dedicated Line FS #17 to Snocom 001.000.310.518.880.420.00 1,042.46 Total :2,213.43 107927 10/30/2008 011900 VERIZON NORTHWEST 425-206-8379 MEADOWDALE COMMUNITY CLUB-SCAN ALARM 45Page: 10/30/2008 Voucher List City of Edmonds 46 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107927 10/30/2008 (Continued)011900 VERIZON NORTHWEST MEADOWDALE COMMUNITY CLUB-SCAN ALARM 001.000.651.519.920.420.00 14.93 TELEMETRY STATIONS425-712-0417 TELEMETRY STATIONS 411.000.654.534.800.420.00 28.29 TELEMETRY STATIONS 411.000.655.535.800.420.00 28.28 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES425-712-8251 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 001.000.650.519.910.420.00 14.16 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 111.000.653.542.900.420.00 70.78 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.654.534.800.420.00 58.04 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.655.535.800.420.00 58.04 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 511.000.657.548.680.420.00 82.11 PUBLIC SAFETY FIRE ALARM425-775-2455 PUBLIC SAFETY FIRE ALARM 001.000.651.519.920.420.00 49.53 Total :404.16 107928 10/30/2008 011900 VERIZON NORTHWEST 425-NW4-3726 FRAME RELAY FOR FS #20 & SNOCOM FRAME RELAY FOR FS #20 & SNOCOM 001.000.510.528.600.420.00 247.00 Total :247.00 107929 10/30/2008 047455 WA ST DEPT OF TRANSPORTATION RE-313-ATB-81014036R ED CROSSING WSDOT PREL ENG & DESIGN Ed Crossing WSDOT prel engineering & 113.000.610.547.200.410.00 27,037.52 Total :27,037.52 107930 10/30/2008 047455 WA ST DEPT OF TRANSPORTATION 49570 Local Agency Guidelines Manual 46Page: 10/30/2008 Voucher List City of Edmonds 47 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107930 10/30/2008 (Continued)047455 WA ST DEPT OF TRANSPORTATION Local Agency Guidelines Manual 001.000.620.532.200.490.00 150.00 Sales Tax 001.000.620.532.200.490.00 13.35 Total :163.35 107931 10/30/2008 045515 WABO 17283 Plans Examiner ad, #08-47 Plans Examiner ad, #08-47 001.000.620.524.100.440.00 50.00 Total :50.00 107932 10/30/2008 072115 WASHINGTON TRUST BANK RETAINAGE PMT 9 RETAINAGE PMT # 9 RETAINAGE PMT # 9 116.000.651.594.190.650.00 185.90 Total :185.90 107933 10/30/2008 047665 WATER ENVIRONMENT FEDERATION 2000407669 NATIONAL DUES~ NATIONAL DUES~ 411.000.655.535.800.490.00 107.00 Total :107.00 107934 10/30/2008 065936 WESSPUR INC IN-59669 UNIT 32 - CHIPPER KNIVES UNIT 32 - CHIPPER KNIVES 511.000.657.548.680.310.00 116.00 Freight 511.000.657.548.680.310.00 9.24 Sales Tax 511.000.657.548.680.310.00 11.15 Total :136.39 107935 10/30/2008 049208 WESTERN EQUIP DIST INC 575252 UNIT 118 - FUEL FILTERS 47Page: 10/30/2008 Voucher List City of Edmonds 48 1:29:36PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107935 10/30/2008 (Continued)049208 WESTERN EQUIP DIST INC UNIT 118 - FUEL FILTERS 511.000.657.548.680.310.00 38.94 Freight 511.000.657.548.680.310.00 7.91 Sales Tax 511.000.657.548.680.310.00 4.17 Total :51.02 107936 10/30/2008 070432 ZACHOR & THOMAS PS INC 804 OCTOBER-08 Monthly Retainer 001.000.360.515.230.410.00 11,000.00 Total :11,000.00 Bank total :237,208.30133 Vouchers for bank code :front 237,208.30Total vouchers :Vouchers in this report133 48Page: AM-1878 2.D. Claim for Damages Edmonds City Council Meeting Date:11/03/2008 Submitted By:Linda Hynd Submitted For:Sandy Chase Time:Consent Department:City Clerk's Office Type: Review Committee: Action: Information Subject Title Acknowledge receipt of Claims for Damages from Thayer D. Cueter (estimated $1,133.62 to $2,126.56), and Brian K. Goodnight ($1,306.80). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Claims for Damages have been received from the following individuals: Thayer D. Cueter 602 3rd Avenue North Edmonds, WA 98020 (Estimated $1,133.62 to $2,126.56) Brian K. Goodnight 737 Aloha Edmonds, WA 98020 ($1,306.80) Fiscal Impact Attachments Link: Cueter Claim for Damages Link: Goodnight Claim.pdf Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 06:49 AM APRV 2 Mayor Gary Haakenson 10/30/2008 07:16 AM APRV 3 Final Approval Sandy Chase 10/30/2008 12:01 PM APRV Form Started By: Linda Hynd  Started On: 10/28/2008 01:06 PM Final Approval Date: 10/30/2008 AM-1877 2.E. Lease Agreement with Edmonds Arts Festival Foundation Edmonds City Council Meeting Date:11/03/2008 Submitted By:Sandy Chase Submitted For:Mayor Haakenson Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Authorization for the Mayor to sign the Lease Agreement with the Edmonds Arts Festival Foundation. Recommendation from Mayor and Staff It is recommended that the City Council authorize the Mayor to sign the Lease Agreement. Previous Council Action Narrative The Edmonds Arts Festival Foundation (EAFF) has leased space at the former Public Works Building located at Dayton and 2nd Avenue since 2003. The EAFF leases the three northerly garage bays. On September 15, 2008, the Foundation was notified by the City of its intent to terminate the 2003 lease agreement and to enter into a new lease effective January 1, 2009. The 2003 lease contained language associated with tenant improvements that were built in 2003. The new lease has removed that language and also increased the monthly rental from $500.00 to $550.00. The EAFF is agreeable to the changes and has signed the new lease. Fiscal Impact Attachments Link: Lease Agreement Link: Exhibits A & B to Lease Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/28/2008 10:55 AM APRV 2 Mayor Gary Haakenson 10/28/2008 12:42 PM APRV 3 Final Approval Sandy Chase 10/30/2008 06:49 AM APRV Form Started By: Sandy Chase  Started On: 10/28/2008 10:01 AM Final Approval Date: 10/30/2008 AM-1887 2.F. Authorization to Advertise RFQ for Lift Station Rehabilitation Design Edmonds City Council Meeting Date:11/03/2008 Submitted By:Conni Curtis Submitted For:Robert English Time:Consent Department:Engineering Type:Action Review Committee: Action: Information Subject Title Authorization to advertise a Request for Qualifications (RFQ) for design and construction management services for the lift station rehabilitation project. Recommendation from Mayor and Staff Council authorize staff to advertise a request for qualifications (RFQ) for design and construction management servcies for the lift station rehabilitation project. Previous Council Action None. Narrative The 2006 Sanitary Sewer Comprehensive Plan identified the need to refurbish and upgrade several existing sewer lift (pump) stations as part of the City’s 6-year Capital Improvement Program. The existing mechanical and electrical equipment that operate these stations are obsolete and need to be replaced to reduce maintenance costs and prevent pump failures. The piping and ventilation will also be upgraded to improve the operation of the lift stations The work to be performed by the consultant will consist of providing design and construction management services, with emphasis on the following elements: 1) Electrical; 2) System Analysis and Sizing; 3) Mechanical; 4) Ventilation; and 5) Operations and Maintenance. The design and construction costs related to this RFQ will be paid for by the City's sewer utility fund. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Robert English 10/30/2008 10:40 AM APRV 2 Public Works Noel Miller 10/30/2008 12:36 PM APRV 3 City Clerk Sandy Chase 10/30/2008 12:37 PM APRV 4 Mayor Gary Haakenson 10/30/2008 12:39 PM APRV 5 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV 5 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Conni Curtis  Started On: 10/30/2008 08:30 AM Final Approval Date: 10/30/2008 AM-1885 2.G. Authorization to Advertise RFQ for 2009-2010 Sewer Replacement Program Design Edmonds City Council Meeting Date:11/03/2008 Submitted By:Conni Curtis Submitted For:Robert English Time:Consent Department:Engineering Type:Action Review Committee: Action: Information Subject Title Authorization to advertise a Request for Qualifications (RFQ) for design and construction management services for the 2009-2010 sewer replacement program. Recommendation from Mayor and Staff Council authorize staff to advertise a RFQ for design and construction management services for the 2009-2010 Sewer Replacement Program. Previous Council Action None. Narrative There are five sewer main improvement projects that need to be constructed to improve the operation and maintenance of the City’s sewer system. These projects were identified in the 2006 Sanitary Sewer Comprehensive Plan and have been adopted in the City’s 6-year Capital Improvement Program. Two of the five projects will improve capacity and the other projects will replace sections of sewer main that have settled and become significant maintenance problems. The work to be performed by the consultant will consist of providing design services, including preparing cost estimates, plans, specifications and bid documents, with the option of construction management, as needed. The design and construction costs related to this RFQ will be paid from the City's sewer utility fund. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Robert English 10/30/2008 11:37 AM APRV 2 Public Works Noel Miller 10/30/2008 12:35 PM APRV 3 City Clerk Sandy Chase 10/30/2008 12:37 PM APRV 4 Mayor Gary Haakenson 10/30/2008 12:39 PM APRV 5 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV 5 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Conni Curtis  Started On: 10/30/2008 07:39 AM Final Approval Date: 10/30/2008 AM-1881 2.H. Ordinance: Repeal and Reenact Chapter 16.43 BD - Downtown Business Edmonds City Council Meeting Date:11/03/2008 Submitted By:Diane Cunningham Submitted For:Rob Chave Time:Consent Department:Planning Type:Action Review Committee: Action:Approved for Consent Agenda Information Subject Title Ordinance amending the provisions of the Edmonds Community Development Code to repeal and reenact Chapter 16.43 regarding BD - Downtown Business in order to clarify provisions regarding the BD-1 zone and the depth to which certain uses must be maintained along designated street frontages, repealing interim zoning Ordinance 3691, and fixing a time when the same shall become effective. Recommendation from Mayor and Staff Approve the proposed ordinance (Exhibit 1). Previous Council Action Council approved interim zoning Ordinance #3691 on July 22, 2008, clarifying how the ground floor rules applied within the downtown BD1 zone. On October 21, 2008 Council directed the City Attorney to prepare an ordinance to implement the Planning Board's recommendation. (See Exhibit 1). Narrative The City Council held a public hearing on October 21, 2008, on the Planning Board's recommendation clarifying amendments to the Downtown Business - BD zones, aimed primarily at clarifying the ground floor requirements pertaining to the BD1 zone. The City Attorney has prepared an ordinance to implement the Council's action (Exhibit 1). Fiscal Impact Attachments Link: Exhibit 1: Proposed Ordinance Link: Exhibit 2: City Council Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 10:43 AM APRV 2 Mayor Gary Haakenson 10/30/2008 12:03 PM APRV 3 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Diane Cunningham  Started On: 10/29/2008 01:30 PM Final Approval Date: 10/30/2008 {WSS709157.DOC;1/00006.900000/} - 1 - 0006.90000 WSS/gjz 10/27/08 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO REPEAL AND REENACT CHAPTER 16.43 REGARDING BD - DOWNTOWN BUSINESS IN ORDER TO CLARIFY PROVISIONS REGARDING THE BD-1 ZONE AND THE DEPTH TO WHICH CERTAIN USES MUST BE MAINTAINED ALONG DESIGNATED STREET FRONTAGES, REPEALING INTERIM ZONING ORDINANCE 3691, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council enacted interim zoning ordinance 3691 in order to address the issue of the depth to which certain uses must be maintained along street frontages in the BD-1 zone; and WHEREAS, based upon a recommendation of its Planning Board, and hearings before the Planning Board and the City Council, the City Council deems it to be in the public interest to amend the provisions of Chapter 16.43 in order to clarify that ground floor uses must be maintained within the designated street front for properties within the BD-1 zone to a depth of thirty (30) feet, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 16.43 BD - Downtown Business is hereby amended by the repeal of the existing Chapter 16.43 and the reenactment of a new chapter to read as shown on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Section 2. Interim zoning ordinance 3691 is hereby repealed. {WSS709157.DOC;1/00006.900000/} - 2 - Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS709157.DOC;1/00006.900000/}- 3 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO REPEAL AND REENACT CHAPTER 16.43 REGARDING BD - DOWNTOWN BUSINESS IN ORDER TO CLARIFY PROVISIONS REGARDING THE BD-1 ZONE AND THE DEPTH TO WHICH CERTAIN USES MUST BE MAINTAINED ALONG DESIGNATED STREET FRONTAGES, REPEALING INTERIM ZONING ORDINANCE 3691, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2008. CITY CLERK, SANDRA S. CHASE Exhibit A Chapter 16.43 BD – DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC. A. Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian-oriented design elements, while protecting downtown's identity. C. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown's focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. D. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multifamily residential uses. [Ord. 3624 § 1, 2007]. 16.43.010 Subdistricts. The “downtown business” zone is subdivided into five distinct subdistricts, each intended to implement specific aspects of the comprehensive plan that pertain to the Downtown Waterfront Activity Center. Each subdistrict contains its own unique mix of uses and zoning regulations, as described in this chapter. The five subdistricts are: BD1 – Downtown Retail Core; ECDC 16.43 Page 2 Planning Board Recommendation BD2 – Downtown Mixed Commercial; BD3 – Downtown Convenience Commercial; BD4 – Downtown Mixed Residential; BD5 – Downtown Arts Corridor. [Ord. 3624 § 1, 2007]. 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A Offices A A A A A Service uses A A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on-site retail outlet open to the public A A A A A Automobile sales and service X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C A A A X Printing, publishing and binding establishments C A A A C Community-oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code A A A A A Residential Uses Single-family dwelling A A A A A Multiple dwelling unit(s) A A A A A Other Uses Bus stop shelters A A A A A ECDC 16.43 Page 3 Planning Board Recommendation Permitted Uses BD1 BD2 BD3 BD4 BD5 Churches, subject to the requirements of ECDC 17.100.020 A A A A A Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R) A A A A A Local public facilities subject to the requirements of ECDC 17.100.050 C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A Off-street parking and loading areas to serve a permitted use B B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B B B B X Commercial parking lots C C C C X Wholesale uses X X C X X Hotels and motels A A A A A Amusement establishments C C C C C Auction businesses, excluding vehicle or livestock auctions C C C C C Drive-in businesses C C A C X Laboratories X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X C X X Day-care centers C C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X C C A X Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C Outdoor storage, incidental to a permitted use D D D D D ECDC 16.43 Page 4 Planning Board Recommendation Permitted Uses BD1 BD2 BD3 BD4 BD5 Aircraft landings as regulated by Chapter 4.80 ECC D D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use, shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. [Ord. 3624 § 1, 2007]. ECDC 16.43 Page 5 Planning Board Recommendation 16.43.030 Site development standards. A. Table 16.43-2. Sub District Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback1 Minimum Rear Setback1 Maximum Height2 Minimum Height of Ground Floor within the Designated Street-Front4 BD15 0 0 0 0 0 25' 15' BD25 0 0 0 0 0 25' 12' BD35 0 0 0 0 0 25' 12' BD43,5 0 0 0 0 0 25' 12' BD55 0 0 0 0 0 25' 12' 1 The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. 2 Specific provisions regarding building heights are contained in EDCD 16.43.030(C). 3 Within the BD4 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 60 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g., an entirely residential building is proposed), then the building setbacks listed for the RM-1.5 zone shall apply. See ECDC 16.43.030(B)(8) for further details. 4 “Minimum height of ground floor within the designated street-front” means the vertical distance from top to top of the successive finished floor surfaces for that portion of the ground floor located within the designated street front (see ECDC 16.43.030(B)); and, if the ground floor is the only floor above street grade, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. “Floor finish” is the exposed floor surface, including coverings applied over a finished floor, and includes, but is not limited to, wood, vinyl flooring, wall-to-wall carpet, and concrete, as illustrated in Figure 16.43-1. Figure 16.43-1 shows a ground floor height of 15 feet; note that the “finished” ceiling height is only approximately 11 feet in this example. 5 Site development standards for single-family dwellings are the same as those specified for the RS-6 zone. ECDC 16.43 Page 6 Planning Board Recommendation Map 16.43-1: Designated Street Front for Properties in the BD1 Zone ECDC 16.43 Page 7 Planning Board Recommendation Figure 16.43-1: Ground Floor Height Measurement B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. For all BD zones, the ground floor is considered to be that floor of a building which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the designated street front of the building (this is normally the adjacent sidewalk). For the purposes of this section, the ground “floor” is considered to be the sum of the floor planes which, in combination, run the full extent of the building and are closest in elevation to one another. For the purposes of this Chapter, the definition of “ground floor” contained in ECDC 21.35.017 does not apply. 2. Designated street front. Map 16.43-1 shows the designated street front for all properties lying within the BD1 zone, which is 30 feet measured perpendicular to the indicated street front of the building lot. For all other BD zones, the designated street front is established as the first 60 feet of the lot measured perpendicular to any street right-of-way, excluding alleys. ECDC 16.43 Page 8 Planning Board Recommendation 3. The minimum height of the ground floor within the designated street front. The minimum height of the ground floor specified in Table 16.43-2 only applies to the height of the ground floor located within the designated street front established in ECDC 16.43.030(B)(2). 4. Access to commercial uses within the designated street front. When a commercial use is located on the ground floor within a designated street front as defined in ECDC 16.43.030(B)(2), the elevation of the ground floor and associated entry shall be within seven inches of the grade level of the adjoining sidewalk. “Grade” shall be as measured at the entry location. Portions of the ground floor outside the designated street front of the building need not comply with the access requirements specified in this section. 5. When the designated street front of a building is on a slope which does not allow both the elevation of the entry and ground floor within the designated street front to be entirely within seven inches of the grade level of the sidewalk, as specified in ECDC 16.43.030(B)(4), the portion of the ground floor of the building located within the designated street front may be designed so that either: a. The entry is located within seven inches of the grade of the adjacent sidewalk, and the commercial portion of the ground floor located within the designated street front is within seven inches of the grade level of the entry; or b. The building may be broken up into multiple frontages, so that each entry/ground floor combination is within seven inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of determining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the BD5 zone, the primary entry shall always be on 4th Avenue. 6. Within the BD1 zone, development on the ground floor shall consist of only commercial uses, except that parking may be located on the ground floor so long as it is not located within the designated street front. 7. Within the BD2 and BD3 zones, development on the ground floor shall consist of only commercial uses within the designated street front. Any permitted use may be located on the ground floor outside of the designated street front. 8. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and BD3 zones in subsection (B)(7) of this section. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in subsection (B)(7) of this section, then the building setbacks listed for the RM-1.5 zone shall apply. In the case where RM-1.5 setbacks are required, the required street setback shall be landscaped and ECDC 16.43 Page 9 Planning Board Recommendation no fence or wall in the setback shall be over four feet in height above sidewalk grade unless it is at least 50 percent open, such as in a lattice pattern. 9. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in subsection (B)(7) of this section. When development of the ground floor does not conform to these requirements, then development within the BD5 zone shall meet the following requirements: a. The building shall be oriented to 4th Avenue. “Orientation to 4th Avenue” shall mean that: i. At least one building entry shall face 4th Avenue. ii. If the building is located adjacent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e., ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on- site. i. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable building occupants to use portion(s) of their space for a commercial or art/fabrication use. Live/work space means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household. The live/work space shall be designed so that a commercial or fabrication or home occupation use can be established within the space. ECDC 16.43 Page 10 Planning Board Recommendation Figure 16.43-2: BD5 Development Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. 10. Exceptions and Clarifications. The regulations for the ground floor contained in subsections (B)(1) through (9) of this section apply with the following exceptions or clarifications. a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single- family use is the only permitted primary use located on the property. c. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25 percent. Permitted uses may occupy an existing space regardless of whether that space meets the ground floor requirements for height. d. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement within the designated street front (e.g., when the first 30 feet of a building is within a designated street front in the BD1 zone, parking may not be located within that 30 feet). e. For properties within the BD2 or BD3 zone which have less than 90 feet of depth measured from the street front, parking may be located in the rearmost 30 feet of the property, even if a portion of the parking extends into the first 60 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. f. Within the BD2, BD3 and BD4 zones, if the first 60 feet of the building as measured perpendicular to the street consists only of commercial uses and permitted ECDC 16.43 Page 11 Planning Board Recommendation secondary uses, then permitted multiple-family residential unit(s) may be located behind the commercial uses. g. Within the BD1 zone, ground floor windows parallel to street lot lines shall be transparent and unobstructed by curtains, blinds, or other window coverings intended to obscure the interior from public view from the sidewalk. h. Within the BD1 zone, each commercial space located on the ground floor within the designated street front shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. 1. The basic height limit is 25 feet (see definition of “height” detailed in ECDC 21.40.030). 2. Step-Back Rules. The following rules apply when calculating the maximum building height for any building in the specified zone(s) (see Figures 16.43-3 and 16.43-4 for illustrated examples). a. Within the BD2, BD3, or BD4 zones, an additional five feet of building height, not to exceed 30 feet, may be obtained if the building is designed to meet all of the following conditions: i. A building step-back is provided within 15 feet of any street front. Within the 15-foot step-back, the maximum building height is the lesser of 25 feet above grade at the property line (e.g., normally the back of the sidewalk) or 30 feet above the “average level” as defined in ECDC 21.40.030. For corner lots, a 15- foot step-back is required along both street fronts. If a building located on a corner lot has insufficient lot width (i.e., less than 40 feet of lot width) to enable it to provide the required step-back on both street fronts, then the step-back may be waived facing the secondary street. This waiver may not be granted for building step-backs required from Fifth Avenue, Dayton Street, or Main Street. ii. A 15-foot step-back is provided from the property line opposite the street front. Within the 15-foot step-back, the maximum building height is the lesser of 25 feet above grade or 30 feet above the “average level” as defined in ECDC 21.40.030. For corner lots for which a 15-foot step-back is required on more than one street front, there is no 15-foot step-back required from the property line opposite each street front. For the purpose of determining step-back requirements, alleys are not considered to be streets. iii. A building setback, in which the entire building is set back from the property line, may be substituted on a foot-for-foot basis for the required building step- back. For example, a five-foot building setback can be combined with a 10-foot building step-back to meet the 15-foot step-back requirement. ECDC 16.43 Page 12 Planning Board Recommendation b. Within the BD1 zone, building height may be a maximum of 30 feet in order to provide for a minimum height of 15 feet for the ground floor. The allowable building height is measured from the “average level” as defined in ECDC 21.40.030. ECDC 16.43 Page 13 Planning Board Recommendation 3. Within the BD5 zone, the maximum height may be increased to 30 feet if the building meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof are at least six-in-12 and the roof includes architectural features, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. b. If the building does not make use of a pitched roof system as described in subsection (C)(3)(a) of this section, step-backs shall be required the same as for the BD2 zone, as described in ECDC 16.43.030(C)(2). 4. Height Exceptions. In addition to the height exceptions listed in ECDC 21.40.030, the following architectural features are allowed to extend above the height limits specified in this chapter. a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of five feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or facade of the building. The decorative architectural element shall not cover more than five percent of the roof area of the building. b. Roof or deck railings may extend a maximum of 42 inches above the specified height limit within any building step-back required under ECDC 16.43.030(C)(2); provided, that the railing is constructed so that it has the appearance of being transparent. An example meeting this condition would be a railing that is comprised of glass panels. D. Off-Street Parking and Access Requirements. The parking regulations included here apply specifically within the BD zone. Whenever there are conflicts between the requirements of this chapter and the provisions contained in Chapter 17.50 ECDC, Off- Street Parking Regulations, the provisions of this chapter shall apply. 1. Within the BD1 zone, no new curb cuts are permitted along 5th Avenue or Main Street. 2. No parking is required for any commercial floor area of permitted uses located within the BD1, BD2, BD4, and BD5 zones. 3. No parking is required for any floor area in any building with a total building footprint of less than 4,800 square feet. ECDC 16.43 Page 14 Planning Board Recommendation E. Open Space Requirements. 1. For buildings on lots larger than 12,000 square feet or having an overall building width of more than 120 feet (as measured parallel to the street lot line), at least five percent of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10 percent. Open space shall be provided adjacent to the street front (street lot line). Such open space may be provided as any combination of: a. Outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); b. Public plaza or sidewalk that is accessible to the public; c. Landscaping which includes a seating area that is accessible to the public. 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75 percent of the depth of the open space, measured relative to the street (i.e., width is measured parallel to the street lot line, while depth is measured perpendicular to the street lot line). ECDC 16.43 Page 15 Planning Board Recommendation F. Historic Buildings. The exceptions contained in this section apply only to buildings listed on the Edmonds register of historic buildings. 1. If a certificate of appropriateness is issued by the Edmonds historic preservation commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be processed as a staff decision, notice required, as provided for in ECDC 20.95.050. a. Building step-backs required under subsection (C)(2) of this section. b. Open space required under subsection (E) of this section. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds register of historic buildings. Note that additional parking exceptions involving building expansion, remodeling or restoration may also apply, as detailed in ECDC 17.50.070(C). ECDC 16.43 Page 16 Planning Board Recommendation 3. Within the BD5 zone, if a building listed on the Edmonds register of historic buildings is retained on-site, no off-street parking is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the city shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is maintained in its historic form and appearance so long as the additional building(s) obtaining the parking benefit exist on the property. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R-zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in residential use. I. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. J. Satellite Television Antennas. In accordance with the limitations established by the Federal Communications Commission, satellite television antennae greater than two meters in diameter shall be reviewed in accordance with the provisions of ECDC 16.20.050. [Ord. 3624 § 1, 2007]. 16.43.035 Design Standards - BD1 Zone. Design standards for the BD1 zone are contained in ECDC 22.43. 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; ECDC 16.43 Page 17 Planning Board Recommendation 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3624 § 1, 2007]. AM-1892 2.I. Resolution Opposing Establishment Of A Local Business And Occupation Tax On Retail Business And Professional Services Edmonds City Council Meeting Date:11/03/2008 Submitted By:Stephen Clifton Submitted For:Deanna Dawson Time:Consent Department:Community Services Type:Action Review Committee: Action: Information Subject Title A Resolution Of The City Council Of The City of Edmonds, Washington, Opposing Establishment Of A Local Business And Occupation Tax On Retail Business And Professional Services. Recommendation from Mayor and Staff Previous Council Action Narrative During the October 28, 2008 City Council 2009 - 2010 Budget Workshop, the City Council requested the preparation of a resolution opposing the establishment of the business and occupation tax on retail business and professional services. Fiscal Impact Attachments Link: Exhibit 1 - Resolution Opposing Establishment of a Business and Occupation Tax on Retail Business and Professional Services Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 10/31/2008 08:08 AM APRV 2 Mayor Gary Haakenson 10/31/2008 08:30 AM APRV 3 Final Approval Linda Hynd 10/31/2008 08:45 AM APRV Form Started By: Stephen Clifton  Started On: 10/31/2008 07:34 AM Final Approval Date: 10/31/2008 00006.90000 WSS/gjz 10/29/2008` RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, OPPOSING ESTABLISHMENT OF A LOCAL BUSINESS AND OCCUPATION TAX ON RETAIL BUSINESS AND PROFESSIONAL SERVICES. WHEREAS, the State of Washington currently collects a State business and occupation tax, and WHEREAS, taxes are one of the most important factors influencing business location decisions, and WHEREAS, most cities adjacent to, and within the immediate vicinity of, Edmonds currently do not collect a local business and occupation tax, and WHEREAS, a Business and Occupation tax could serve to make existing businesses in Edmonds less competitive, and dissuade new businesses from locating in the City of Edmonds; and WHEREAS, a Business and Occupation tax, as a gross receipts tax, unfairly places significant tax burdens on start-up businesses, and therefore frustrates job creation, business prosperity, and economic development; and WHEREAS, the Edmonds City Council wants to retain the City’s relative competitive position to other nearby cities, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: {WSS709458.DOC;1/00006.900000/} - 1 - {WSS709458.DOC;1/00006.900000/} - 2 - Section 1. The City Council affirms its opposition to, and will not establish, a Business and Occupation Tax on retail business and professions as a part of the 2009-2010 budget process. This resolution does not apply to taxes imposed on utilities. RESOLVED this ___ day of ________________, 2008. APPROVED: COUNCIL PRESIDENT, MICHAEL PLUNKETT ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. AM-1879 3. Utility Poles in Residential Zones Edmonds City Council Meeting Date:11/03/2008 Submitted By:Duane Bowman Time:30 Minutes Department:Development Services Type:Action Review Committee: Action: Information Subject Title Public hearing on a proposed amendment to Edmonds Community Development Code Chapter 18.05, Utility Wires, regarding replacement of power poles including requiring replacement poles in residential zones to be wood. Recommendation from Mayor and Staff Adopt the proposed ordinance. Previous Council Action The CS/DS Committee reviewed this matter at their October 14, 2008 meeting. The CS/DS Committee recommended that the draft language be forwarded to the City Council for approval and that staff draft possible language to address the concerns raised by the Snohomish County PUD. Narrative Recently, a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in the 8300 block of 188th St. S.W. The power pole was replaced due to the addition of wireless antennas being added by T-Mobile. Because these are considered micro-cells, no public notice was required to be given regarding the permit. The surrounding residents became quite upset when they discovered the construction of the replacement pole was a large steel, industrial type pole and not the normal wooden poles found throughout the neighborhood. While it is too late to anything about this specific pole, it does seem appropriate to rethink our current regulations to prevent this from occurring in the future. Exhibit 2 is a draft of proposed language changes for Chapter 18.05 which will address a lot of the concerns raised by citizens. The draft language requires replacement poles in single family residential zones to be wooden. Further, conduit is required to be painted to match the pole. Lastly, when a wireless antenna is proposed to be added to a power pole, a neighborhood informational meeting is required to be held prior to installation and approval of the City. Snohomish County PUD has raised concerns over the restriction of just using wood replacement poles in residential zones and asked that the city consider allowing other options. The CS/DS Committee supported wood replacement poles but directed staff to draft possible language requiring a public hearing should another material be considered for use in replacing a power pole. The City Attorney re-drafted to include additional amendments and requires wood poles unless specific evidence can be provided to allow an alternative material. There is not a public hearing requirement since it would be difficult to prove an alternative material is needed. Fiscal Impact Attachments Link: Exhibit 1 - CS/DS Minutes 101408 Link: Exhibit 2 - Draft Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 02:21 PM APRV 2 Mayor Gary Haakenson 10/30/2008 02:43 PM APRV 3 Final Approval Sandy Chase 10/30/2008 02:54 PM APRV Form Started By: Duane Bowman  Started On: 10/29/2008 10:05 AM Final Approval Date: 10/30/2008 M I N U T E S Community Service/Development Services Committee Meeting October 10, 2008 Elected Officials Present: Staff Present: Peggy Pritchard-Olson, Chair Duane Bowman, Dev. Services Director D.J. Wilson, Councilmember Michael Plunkett, Council President Gary Haakenson, Mayor Rob Chave, Planning Manager Rob English, City Engineer Noel Miller, Public Works Director The committee convened at 6:05 p.m. A. Development regulations relating to the fiber optic network. Duane Bowman, Development Services Director, introduced this topic. This subject was brought during a presentation by Rick Jenness on the city’s fiber optic program. He noted that in order to mandate a program of installation of conduit for fiber optic on private property, the city would need to develop program to give basis for the requirement. He described some alternatives where the city could set standards for its city projects, a voluntary program or a program of the city paying for conduit for a developer to install. Noel Miller noted that the city still would have to identify a funding source for purchasing conduit. Rick Jenness indicated that he didn’t believe the cost to be that high. He noted that for a developer it could actually be cheaper to install conduit and prevent future disruptions when communications providers decide to install service. Mayor Haakenson pointed out that the fiber optic program will not be going forward at this time and maybe voluntary installation would be the best case scenario. Peggy Olson concurred that a voluntary program would work. Council member Wilson noted that this is probably something that should be considered during next year’s capital improvement program (CIP) discussion. ACTION: Staff will continue to refine ideas and come back to the committee during the CIP process next year. B. Discussion on Community Sustainability Element of the Comprehensive Plan. Rob Chave introduced the topic. He described the current work on the sustainability element noting that the format for the new element would be done to fit with the growth management act (GMA) format of goals and then policies. He noted that the new element would be overarching with specific detail within existing plan elements and cited an example of policies in the sustainability element on housing with more specifics with the housing element. This new element would drive more strategic planning and policy review to guide use of city resources and programs. Council member Wilson thought it would be a good idea to have a preamble at the start of the element stating this. He asked about the timeframe to complete the work on the element. Rob Chave indicated that some portions of the work could be completed in two years with the complete element in the range of five to seven years. ACTION: Staff will bring back refinements to the draft language for review at the November CS/DS meeting. CS/DS Committee Minutes October 14, 2008 Page 2 2 C. Review possible amendments to ECDC Chapter 18.05, Utility Wires, regarding replacement power poles. Duane Bowman, Development Services Director, introduced the topic. This matter came to the attention of the city based upon an incident in the Seaview area when a PUD transmission pole was replaced with a steel pole as part of the addition of a wireless micro cell on top of the new pole. He reviewed the draft language and highlighted two key revisions. First, a neighborhood informational meeting would be required before a permit for a replacement pole with wireless antenna attached could be issued. Second, replaced poles in residential neighborhoods would have to be wood. Mr. Bowman distributed an email from a representative from the Snohomish County PUD which raised a concern about the draft language. They were concerned about the requirement to solely use wood poles in residential neighborhoods. Mayor Haakenson stated that he did not believe that this was a major concern and that wood was the proper material for power poles in residential neighborhoods. Council member Wilson and Olson agreed. Mr. Bowman indicated that he could draft some language to address the concern raised by the PUD which would require a public hearing if they wanted some a material other than wood. ACTION: The CS/DS committee recommended the draft language be forwarded to the City Council for approval and that staff draft possible language to address the concerns raised by the PUD D. Discussion on commercial uses in residential zones related to house rentals. Duane Bowman, Development Services Director, introduced the topic. This matter came to the attention of the city based upon incidents related to the rental of a large house in the Talbot Park area for weddings, conferences, parties etc. The house is available to rent by the day, week, or month. The residents in the neighborhood have complained about increased traffic and noise. Staff believes that the code needs to be amended to address this issue. Mr. Bowman distributed a draft interim zoning ordinance that would amend Chapter 16.20.010of the Edmonds Community Development Code (ECDC) to restrict rental of a house to not less than thirty days. He noted that the city could pick the timeframe (a week or month(s)). Council member Wilson expressed concern about the ordinance and could not support such an ordinance. He noted that this could potentially impact other residences that are available to rent in the community. He asked if staff researched the impact of the ordinance on other property owners. Mr. Bowman indicated that staff had not done any research. ACTION: The CS/DS committee recommended the draft interim ordinance be presented to the City Council with a timeline to do a code amendment following the normal code amendment process. Staff was also requested to do research to see if this proposed ordinance would impact other properties. The Committee meeting adjourned at 7:10 p.m. 0006.90000 WSS/gjz 10/28/08 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 18.05 UTILITY WIRES IN ORDER TO ADD A NEW SECTION 18.05.030(B)(4) AND (5) PROHIBITING THE USE OF METAL POLES OR TOWERS IN RESIDENTIAL NEIGHBORHOODS AND PROVIDING FOR INFORMATIONAL MEETINGS AND ADDING A NEW SECTION 18.05.060 REQUIRING THE COORDINATION OF FACILITY REPLACEMENT WITHIN A REASONABLE PERIOD OF TIME, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, utility facilities are a fact of life in urbanized areas; and WHEREAS, however, the use of tall metal poles or towers in place of standard wood poles in single-family residential neighborhoods can create an aesthetic blight; and WHEREAS, the failure of utilities to timely relocate their lines to new poles can result in aesthetic blight by leaving portions of poles suspended in mid air or large bundles or swags of utility lines hanging from poles; and WHEREAS, the practice of severing a portion of a pole and leaving it suspended in mid air could in certain situations such as a storm, pose a threat to the public use of sidewalks and streets; and WHEREAS, as an exercise of police powers, the City Council deems it to be in the public interest to amend the provisions of its utility pole provisions in order to better regulate pole replacement and require coordination of facilities in a timely fashion, NOW, THEREFORE, {WSS709278.DOC;1/00006.900000/} - 1 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC 18.05.030 Design standards, paragraph (B) Above ground utilities is hereby amended by the addition of a new subsections (4) and (5) relating to use of metal poles in residential zones and to wireless facilities to read as follows: 18.05.050 Design standards. . . . B. Above ground utilities. . . . 4. No metal pole or tower shall be utilized in a single-family residential zone unless required in order to comply with the provisions of the State Electrical Code. Wooden poles of height and type generally in use in the surrounding residential neighborhood shall be utilized unless prohibited by the State Electrical Code. Conduit placed upon the pole to serve the wireless facility shall be of a color closely matching the ole. 5. At least ten (10) days prior to installation of a wireless facility on or atop a pole in a residential neighborhood, either the utility that owns the pole or the utility installing the wireless facility shall host an informational meeting for all property owners within three hundred (300) feet of the pole. Notice shall be provided in writing, deposited in the US mail, postage paid five (5) business days prior to the informational meeting. Failure to provide the notice and/or host the informational meeting shall be a civil infraction punishable by a fine of up to Two Hundred Fifty Dollars ($250). Section 2. Chapter 18.05. Utility wires is hereby amended by the addition of a new Section 18.05.060 Coordination of facility replacement. 18.05.060 Coordination of facility replacement. When a pole, tower or other facility (“Facility” is replaced, the owner of the Facility shall have a reasonable amount of time, not to exceed thirty (30) days to coordinate transfer of all existing utility lines, transformers, and equipment to the new pole. The {WSS709278.DOC;1/00006.900000/} - 2 - owner of the Facility shall provide written notice to transfer such utility lines, transformers and equipment to the new pole to other utilities using the pole. Written notice shall be provided to each utility utilizing the pole by placement in the U.S. mail, postage prepaid on or before the date the pole is to be replaced. The notice shall include the date of pole replacement and the City’s requirement that transfer of facilities be completed within thirty (30) days. Failure to relocate a utility line, transformer or other equipment to the new Facility within thirty (30) days shall be a civil infraction punishable by a fine of up to $200 per day. Each and every day which the utility fails to relocate its utility lines, transformers and/or equipment to the new pole shall be a separate violation. Failure to provide written notice as provided above shall be a civil violation punishable by a fine of up to Two Hundred Dollars ($200). Each day which notice is not give after pole replacement shall be a separate violation. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS709278.DOC;1/00006.900000/} - 3 - {WSS709278.DOC;1/00006.900000/}- 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 18.05 UTILITY WIRES IN ORDER TO ADD A NEW SECTION 18.05.030(B)(4) AND (5) PROHIBITING THE USE OF METAL POLES OR TOWERS IN RESIDENTIAL NEIGHBORHOODS AND PROVIDING FOR INFORMATIONAL MEETINGS AND ADDING A NEW SECTION 18.05.060 REQUIRING THE COORDINATION OF FACILITY REPLACEMENT WITHIN A REASONABLE PERIOD OF TIME, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2008. CITY CLERK, SANDRA S. CHASE AM-1886 5. Discussion and Potential Action Regarding the Senior Center Lease Edmonds City Council Meeting Date:11/03/2008 Submitted By:Jana Spellman Submitted For:Council President Michael Plunkett Time:30 Minutes Department:City Council Type:Action Review Committee: Action: Information Subject Title Discussion and potential action regarding the Senior Center Lease. Recommendation from Mayor and Staff Previous Council Action A discussion and review of the Senior Center Lease took place during the September 16, 2008 Council Meeting. Council President Plunkett moved, seconded by Councilmember Wambolt to renegotiate the lease with the Senior Center and send notice regarding renegotiating the lease. Motion carried unanimously. The Senior Center Lease was discussed again at the October 7, 2008 Council Meeting with the Council passing a motion to move forward with the South County Senior Center Activity Report and Overview, the 2009 Lease Agreement for potential approval and the 2009 Recreational Services Agreement for potential approval. The Council came to a consensus that the Senior Center be allowed to suggest revisions to the lease before final adoption by the Council. The Senior Center Board has empowered two Board representatives to attend the meeting, be available for discussion, and are authorized to speak on behalf of Senior Center Board in an effort to finalize the lease. It is anticipated that these two Board representatives will attend the meeting. Narrative Discussion and potential action regarding the 2009 Senior Center Lease. Exhibit 1: October 7, 2008 Council Minutes Exhibit 2: Revised 2009 Senior Center Lease Agreement Exhibit 3: 2009 Recreation Services Agreement Exhibit 4: J. Logic Model for 2007-2010 Grant Cycle from South County Senior Center Fiscal Impact Attachments Link: Exhibit 1 10-7-08 Council Min Link: Exhibit 2 Rev Sr. Center Lease Agreement Link: Exhibit 3 2009 Recreation Services Agreement Link: Exhibit 4 SCSC Logic Model. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 10:48 AM APRV 2 Mayor Gary Haakenson 10/30/2008 12:03 PM APRV 3 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Jana Spellman  Started On: 10/30/2008 08:09 AM Final Approval Date: 10/30/2008 LEASE THIS LEASE, made in triplicate this _____ day of _____________, 2008, by and between the CITY OF EDMONDS, WASHINGTON, a municipal corporation, as Lessor, and SOUTH COUNTY SENIOR CENTER, INC., a non-profit organization organized under the laws of the State of Washington, as Lessee, WITNESSETH: 1. The Lessor does hereby lease to the Lessee, and Lessee does hereby lease from the Lessor, those certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the SOUTH COUNTY SENIOR CENTER, located at 220 Railroad Avenue, Edmonds, and described as set forth in Exhibit A hereto, which exhibit is hereby incorporated by reference as though set forth in full. 2. Purpose. The subject property is to be used as a neighborhood facility pursuant to HUD File No. NFP-WA-10-19-1001; and for recreational, education services and functions of the City of Edmonds (the "City") as set forth below in Paragraph 11(B). Business or activities including use of such facility for fund raising and revenue producing purposes to meet the mission of the South County Senior Center may be undertaken on the premises only with the written consent of the Lessor. 3. Term. This lease shall be for a term of ten (10) years commencing on the 1 day of January, 2009, and ending on the 31 day of December, 2019. The term of this lease shall be automatically renewable for two (2) additional terms of five (5) consecutive calendar year periods, commencing January 1, 2020, for a total of twenty (20) years from the effective date of this agreement. In order to accommodate a pending CTED grant application, the initial term may be adjusted by vote of the City Council of the Lessor to provide the real estate interest necessary to support the CTED grant’s requirements. So long as the premises are being used as represented and in accordance with neighborhood facility application to HUD File No. NFP-WA-10-19-1001 and subsequent grant agreements, renewal shall be automatic unless either party provides written notice of its intent to terminate the lease by November 1 of the tenth year of the original agreement. Written notice of intent to terminate in order to renegotiate the terms of the lease may be provided in the same manner and shall be considered a notice to terminate. In addition to any other obligation set forth herein, the Lessee shall, pursuant to applicable regulations of the Department of Housing and Urban Development as promulgated and applicable to neighborhood facility, provide to Lessor an annual report of Lessee's budget and certification that Lessee's program(s) conforms with the representations made to the Department of Housing and Urban Development and in accordance with applicable regulations in respect to neighborhood facilities. In addition, the Lessee shall provide the programs and services required by annual funding agreements with the City, which are incorporated by this reference as fully as if herein set forth. The annual funding agreement for 2009 is attached hereto as Exhibit B and incorporated by this reference. 3.1 Termination. This Lease may be terminated for cause by either party for failure to comply with the terms of this Lease on the City’s annual funding agreements. (See Exhibit B and 3 above). A party shall provide ten (10) days written notice of breach. If the Exhibit 2 {WSS706663.DOC;1/00006.900000/} 1 of 7 breaching party fails to cure the breach within ten (10) days, the non-breaching party may then terminate this agreement. 3.2 Non-waiver. Failure to strictly enforce any provision of this Lease shall not waive the provision nor bar either party from strict enforcement of any term of the Lease. 4. Rental. Lessee covenants and agrees to pay the Lessor an annual rental of Ten Dollars ($10.00) in lawful money of the United States. That said rental money shall be payable on or before the first day of each annual rental period at the offices of the Lessor. 5. Maintenance and Repairs. A. Lessee shall be responsible for all utility charges, including heat, lights, garbage, water and sewer which are attributable to Lessee's use of said premises. B. Lessor shall be responsible for maintenance and clean up all exterior areas of the premises. C. Lessee shall be responsible for and pay the cost of all repairs and maintenance up to $500 per occasion. Any amount over and above such $500 shall be funded by the Lessor. Lessee shall give notice in writing to Lessor of necessary repairs and shall so notify Lessor immediately of the need for repairs and shall block off or prevent entry by the public into such areas as may be in need of repair. Lessee shall not permit any lien or encumbrance of any nature upon said property or premises and has no authority to contract for or on behalf of Lessor for goods, services, labor or materials of any nature or for any purpose and shall not hold itself out to any person, firm or corporation as having such authority. The sums to be paid by Lessee under this section for necessary maintenance and repairs shall be subject to automatic readjustment at the anniversary of each five-year renewal period to make appropriate increases or decreases in the amount to be paid by Lessee to adequately reflect the increase or decrease in the cost of the necessary maintenance and repairs, taking into account inflationary factors. Unless notice of termination or notice of intent to renegotiate is provided on or before November 1 of the fifth year of the renewal term, the Five Hundred Dollar deductible amount herein provided for shall be automatically increased or decreased by the cumulative change in the CPI-U for the Seattle-Tacoma area for the preceding five (5) year period. D. Lessor shall provide public liability insurance for said premises in an amount not less than one million per occurrence and five million in the aggregate naming the Lessee as an additional named insured, and policies of general liability and automobile liability providing full coverage for its programs. Lessee further agrees to indemnify and hold Lessor, its officers, agents and employees harmless from any and all claims not otherwise insured under this paragraph arising out of Lessee's activities and programs conducted on or about said premises unless such claims arise solely from the negligence of Lessor. To; but only to, the extent necessary to enforce this promise, the Lessee agrees to waive its immunity as created under RCW Title 51, relating to the workers compensation provision. {WSS706663.DOC;1/00006.900000/} 2 of 7 6. Relocation. A. In the event that this lease is terminated by the Lessor, it will assist with efforts, subject to the legislative discretion of the City of Edmonds, to relocate or rebuild the Senior Center within a reasonable period of time to a comparable alternative location which meets the letter and spirit of the South County Senior Center's purpose and activities and complies with the obligations of the underlying HUD grant and conforms to the City's Comprehensive Plan and other zoning regulations. In the event, the City elects, in its sole discretion, to renovate or reconstruct the premises, the City will use its best efforts to provide in comparable alternative location as provided above. B. Nothing herein shall be interpreted to limit the legislative discretion of the City of Edmonds nor to require the Lessor to displace other tenants or activities in order to accommodate the Lessee's operations. 7. Risk of Loss. The Lessor has been in control of the leased premises for a period in excess of twenty (20) years and has in that time become fully informed of the condition of the premises and all defects therein, if any. No defect which could potentially be hazardous to persons or property has been brought to the attention of the Lessor by the Lessees or its agents. All personal property on said leased premises shall be at the risk of the Lessee, Lessor or Lessor's agents shall not be liable for any damage, either to persons or property, sustained by Lessee, its employees, or others, caused by any defects now in said premises or hereafter occurring therein, or due to the building in which the leased premises are situate, or any part of appurtenance thereof, or any equipment, furniture or fixtures becoming out of repair, or caused by the bursting or leaking of water, gas, sewer or steam pipes, or from any act or neglect of employees, or any other persons, or due to the happening of any accident from whatsoever cause in and about said building. Lessee agrees to defend and hold Lessor harmless from any and all claims for damages suffered or alleged to be suffered in or about the leased premises by any person, firm or corporation which are not otherwise covered by the insurance to be paid by Lessee as set forth in Paragraph 5(D) hereinabove. 8. Lawful Use. The Lessee covenants and agrees that the premises shall be at all times kept and used in accordance with the laws of the State of Washington and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules and regulations of health officers, fire marshals, building inspectors, or other appropriate officers at the sole cost and expense of the Lessee. The Lessee will permit no waste, damage or injury to the premises, and at Lessee's own cost and expense will keep all drainage pipes free and open and will protect water, heating and other pipes so that they will not freeze or become clogged, and will repair all leaks, and will also repair all damages caused by leaks or by reason of Lessee's failure to protect and keep free, open and unfrozen any of the pipes and plumbing. Lessee shall be responsible for the removal of ice and snow from the pedestrian areas in and about said premises. Lessee shall be liable, subject to the dollar limitations set forth in Paragraph 5(C) hereinabove, for each occurrence. 9. Alterations or Improvements. The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, fixtures or affixed equipment located or to be located on the premises subject to this lease without the prior written consent of the Lessor. {WSS706663.DOC;1/00006.900000/} 3 of 7 10. Liens. Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished or other obligations incurred by the Lessee to be placed on said premises and agrees to indemnify, hold Lessor harmless and pay any and all costs incurred by Lessor in removing said liens or encumbrances, including reasonable attorney's fees. 11. Assignment and Use. A. Lessee shall not without the written consent of the Lessor or Lessor's agent, let or sublet on a permanent basis the whole or any part of the subject premises, nor assign this lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this lease is its personal acceptance of South County Senior Center, Inc. as Lessee. B. The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual or legal entity other than the reasonable and necessary use by the Lessee, without the written prior permission of the Lessor. The parties acknowledge that subject to Paragraph 2 the Lessee may carry on various rental activities to supplement its activities and raise funds for its programs and purposes. C. It is expressly agreed and understood that Lessor shall have the right to use portions of the leased premises at such times and in such areas as do not conflict with the regular activities and programs of Lessee. 12. Fire and Other Casualty. In the event the premises are destroyed or damaged by fire, earthquake or other casualty to such an extent as to render the same untenantable in whole or in a substantial part thereof, and after the happening of any such contingency, the Lessee shall give Lessor or Lessor's agents immediate notice thereof. It shall be optional with the Lessor to rebuild or repair the same in accordance with the underlying HUD Grant. Lessor shall have not more than sixty (60) days after date of such notification, to notify the Lessee in writing of Lessor's intentions to rebuild or repair said premises, or the part so damaged as aforesaid, and if Lessor elects to rebuild or repair said premises, Lessor shall prosecute the work of such rebuilding or repairing in accordance with the exercise of discretion of its City Council. 13. Notices and Rent Payments. All rental payments shall be paid at the business office on or before the first day of each year at the Edmonds Civic Center, 250 Fifth Avenue North, Edmonds, WA, 98020. All notices required by this lease or breaches thereof shall be sent by certified or registered mail to the Lessor at the address set forth above, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 200 Railroad Avenue, Edmonds, Washington, and delivery of all such notices shall be conclusively presumed to be effective upon such posting in the United States mail, postage prepaid. 14. Default and Re-Entry. If Lessee shall violate or default in any of the covenants and agreements herein contained, then the Lessor may cancel this lease upon giving the notice required by law, and re-enter said premises. {WSS706663.DOC;1/00006.900000/} 4 of 7 15. Costs and Attorney Fees. If by reason of any default on the part of the Lessee in the performance of any of the provisions of this lease, it becomes necessary for the Lessor to employ an attorney, the Lessee agrees to pay all costs, expenses and reasonable attorney's fees expended or incurred by the Lessor in connection therewith, if the court hearing the matter determines in its discretion that Lessor should be entitled to reimbursement for said fees, costs and expenses. The amount to be paid by Lessee in such event shall be determined by the court. Lessee shall also be entitled to its reasonable attorney's fees in the event it shall prevail in any lawsuit to enforce its rights under this agreement. 16. Non-Waiver of Breach. The failure of the Lessor to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreements, but the same shall be and remain in full force and effect. 17. Removal of Lessee's Property. In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 18. Warranty of Non-Profit Status. Lessee warrants they are legally and properly organized under the laws of the State of Washington for non-profit corporations and that the representatives of Lessee signing this lease are legally authorized to sign and bind Lessee accordingly. DATED this ______ day of ___________________, 2008. CITY OF EDMONDS: SOUTH COUNTY SENIOR CENTER, INC. By: Gary Haakenson, Mayor Title: ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: ____________________________ W. Scott Snyder STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) {WSS706663.DOC;1/00006.900000/} 5 of 7 I certify that I know or have satisfactory evidence that GARY HAAKENSON is the person who appeared before me, and said person acknowledged that she was authorized to execute the instrument and acknowledged it as Mayor of the City of Edmonds to be the free and voluntary act and deed of such party for the uses and purposes mentioned in this instrument. DATED: _________________________ (Signature) (Print Name) NOTARY PUBLIC My appointment expires: STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that ____________________________ is the person who appeared before me, and said person acknowledged that he/she was authorized to execute the instrument and acknowledged it as ___________________ of the South County Senior Center, Inc. to be the free and voluntary act and deed of such party for the uses and purposes mentioned in this instrument. DATED: _________________________ (Signature) (Print Name) NOTARY PUBLIC My appointment expires: {WSS706663.DOC;1/00006.900000/} 6 of 7 {WSS706663.DOC;1/00006.900000/} EXHIBIT A The following is a legal description of the property for the City of Edmonds Neighborhood Facility known as Senior Citizens Center: Parcel A Beginning at the intersection of the Westerly line of the Great Northern Railway Right-of-way with the South line of Government Lot 2, Section 23, Township 27 North, Range 3 East, W.M., Thence Northeasterly on the said right-of-way line 450 feet; thence North 49° West 95.67 feet, more or less, to the Government meander line; thence South 51°23′ West on said meander line 288.33 feet to the True Point of Beginning of this description; thence from said point of beginning run North 51° 23; East along the Government meander line 288.33 feet; thence North 47°32′ West 319.63 feet to the inner harbor line, thence South 45°00′ West on the inner harbor line 250.13 feet to the most northerly corner of the land conveyed to S.T. Engebretsen and Bertha Engebretsen, his wife, as deed filed for record under Snohomish County Auditor’s file No. 1087092; thence along the Northeasterly line of said Engebretsen land South 38°37′ East 287.94 feet to the point of beginning. Parcel B Commencing at a point on the West line of Seattle and Montana Railway Right-of-way (now Great Northern Railway) at its intersection with South line of Government Lot 2, Section 23, Township 27 North, Range 3 East, W.M., thence in a northerly direction along West line of said right-of-way 150 feet to true point of beginning; thence continue in a northerly direction along said Westerly line of said right-of-way 300 feet; thence Northwesterly at right angles from the Westerly line of said Railway Right-of-way to Government meander line of the waters of Puget Sound; thence in a Southwesterly direction along said meander line to a point at right angles from the point of beginning, thence southeasterly to the point of beginning. RECREATIONAL SERVICES AGREEMENT 2009 BETWEEN THE CITY OF EDMONDS, WASHINGTON AND THE SOUTH COUNTY SENIOR CENTER The following is an agreement between the CITY OF EDMONDS, Washington (hereinafter referred to as the "City"), a municipal corporation, and the SOUTH COUNTY SENIOR CENTER, INC. (hereinafter referred to as the "SCSC"), a non-profit organization organized under the laws of the State of Washington. WITNESSETH: 1. Consideration: Funding. The City agrees to pay SCSC for the calendar year 2009 the sum of _____________________ ($__________) in equal installments of _______ thousand dollars ($__________) on or before the fifteenth of each month. 2. Consideration: Programs. That in consideration of said funds, SCSC agrees to provide and augment the recreational activities of the City to provide recreational and social service programs for senior citizens of Edmonds. The parties agree that it is to the mutual benefit of both signators hereto to have SCSC plan and program said recreational and social service activities for senior citizens of Edmonds rather than the City establishing a separate recreational program of its own due to the economies and efficiencies that may be achieved by such mutual cooperation between the parties. All programs of SCSC shall be available to eligible Edmonds citizens at the same cost, if any, or at a reduced rate below that, to which such programs are available to the general senior population. The programs to be provided are set forth on the attached Exhibit A, incorporated by this reference as if herein set forth. [SCSC TO PROVIDE EXHIBIT A FOR COUNCIL REVIEW.] 3. Use of Funds: SCSC agrees that the funds to be received pursuant to this agreement shall be exclusively for the purpose of providing recreational or social service programs as set forth in Exhibit A or to help fund recreation classes and social service programs for senior citizens of Edmonds for the calendar year 2009. Any funds not so used shall be refunded to the City and the failure to utilize the funds for the purposes enumerated herein shall be grounds for termination of this agreement without notice by the City. 4. Audit; Reporting. SCSC shall account for the expenditures of all funds received by it from the City on an annual or more frequent basis and shall provide a statement in the form prescribed by the City through its Finance Director, or other authorized official, to evidence the nature and manner of expenditures of these funds to provide the City with sufficient substantiation that these funds have been used for the purposes enumerated. In addition, SCSC shall provide an annual report to the City Council in September 2009, detailing its program for 2009 and any changes, improvements, and enhancements as well as pending grant proposals. SCSC shall maintain its financial records in accordance with generally accepted accounting practice and shall make such records available for inspection during normal business hours by Exhibit 3 {WSS706623.DOC;1/00006.900000/} 1 of 3 the City, the State Auditor or the designee(s) thereof. In the event SCSC expends any of these funds for purposes other than enumerated, and such expenditures are deemed to be a violation of the provisions of the Constitution or the laws of the State of Washington, the City may, at its alternative, discontinue all further payments hereunder and/or seek restitution of those sums which have been unconstitutionally expended by SCSC. 5. Indemnity. SCSC agrees to protect, indemnify and save the City, its officers, agents and employees harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands and causes of action of every kind and character arising directly or indirectly or in any way incident to, in connection with, or arising out of or under the terms of this Agreement, caused by the fault of SCSC, its agents, employees, representatives or subcontractors. SCSC specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by his employees or subcontractors and waives any immunity that SCSC may have under that title with respect to the City. SCSC further agrees to fully indemnify the City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This section shall not apply to damages or claims resulting from the sole negligence of the City, in which event the laws of the State of Washington shall govern the parties' respective liabilities. 6. Insurance. SCSC shall secure and maintain in full force and effect during performance of all work pursuant to this agreement a policy of comprehensive general liability insurance providing coverage of at least $1,000,000 per occurrence and $3,000,000 aggregate for personal injury; $250,000 per occurrence and aggregate for property damage. Such policy shall list the City as a named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this document. 7. Independent Contractor Status. SCSC shall be and is an independent contractor and nothing herein shall be interpreted to create an employment relationship between the City and SCSC with any employee of either the city or SCSC with respect to the other party to this agreement. SCSC agrees to hold harmless and indemnify the City from any and all employee- related costs arising from or out of a claim by any of its employees against the City for wages, costs or benefits relating to such employee's employment by SCSC. 8. Use Records. SCSC agrees to maintain current records containing the residence addresses of the persons who utilize the services during the calendar year of the contract and provide a year-end report on total number of Edmonds' residents accessing services and the true and actual numbers of service hours provided to all clientele. 9. Termination. Either party may terminate this Agreement without cause upon providing thirty (30) days written notice to the other Party; PROVIDED, that the City may terminate this Agreement effective immediately if SCSC fails to maintain the insurance coverage required hereunder. Termination shall not affect SCSC’s obligation to protect, indemnify, and hold harmless the City as provided hereunder. This agreement shall be automatically renewed for each successive year unless revoked in writing by one of the parties prior to November 30th of the current year; unless terminated pursuant to Paragraph No. 4. {WSS706623.DOC;1/00006.900000/} 2 of 3 {WSS706623.DOC;1/00006.900000/} 3 of 3 10. No Waiver. Failure of the City to strictly enforce any provision of this agreement shall not limit its ability to do so at a future date nor constitute any waiver or amendment of this agreement. 11. Amendment. This agreement shall not be amended, except in writing, with the express written consent of the parties hereto. CITY OF EDMONDS: SOUTH COUNTY SENIOR CENTER, INC. _______________________________ ____________________________________ Mayor By: _________________________________ Its: _________________________________ Date: _______________________________ ATTEST/AUTHENTICATED: _______________________________ Sandra S. Chase, City Clerk CITY ATTORNEY: _______________________________ W. Scott Snyder AM-1880 6. Interim Zoning Ordinance: Commercial Rentals in Residential Zones Edmonds City Council Meeting Date:11/03/2008 Submitted By:Duane Bowman Time:30 Minutes Department:Development Services Type: Review Committee: Action: Information Subject Title Proposed Interim Zoning Ordinance regarding commercial uses in residential zones related to house rentals. Recommendation from Mayor and Staff After deciding an acceptable rental time period, adopt the proposed ordinance with appropriate rental date and set December 16, 2008 for a public hearing on the interim ordinance. Previous Council Action This matter was reviewed at the October 14, 2008 CS/DS Committee meeting. The CS/DS Committee recommended the draft interim ordinance be presented to the City Council with a timeline to do a code amendment following the normal code amendment process. Staff was also requested to do research to see if this proposed ordinance would impact other properties. Narrative The City has run into an issue where a property owner is renting a large house out for parties, conferences and weddings on a daily, weekly or monthly rental in a single family zoned neighborhood. Problems with noise, parking and traffic have been associated with the rental of the house. Staff believes that there should be some clarification of our standards for rentals in single family zones. The CS/DS Committee forwarded the interim zoning ordinance for the City Council for review. Concern was raised at the CS/DS Committee meeting about the impact on other properties and what should the length of time be for house rentals. Also the Committee wanted to know what the process would be to do a code amendment through the normal code amendment process. Staff did research and found four vacation rental homes (two apartments and two houses) in Edmonds. They are located near downtown and rent for the week. While the draft ordinance states thirty (30 ) days for the minimum rental period, this was only an initial time period selected by staff to start the discussion. It would appear that a minimum of one week would be acceptable. Staff does not support single day rentals. Fiscal Impact Attachments Link: Exhibit 1 - CSDS 101408 Minutes Link: Exhibit 1 - CSDS 101408 Minutes Link: Exhibit 2 - Interim Zoning Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 10:43 AM APRV 2 Mayor Gary Haakenson 10/30/2008 12:03 PM APRV 3 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Duane Bowman  Started On: 10/29/2008 10:23 AM Final Approval Date: 10/30/2008 M I N U T E S Community Service/Development Services Committee Meeting October 10, 2008 Elected Officials Present: Staff Present: Peggy Pritchard-Olson, Chair Duane Bowman, Dev. Services Director D.J. Wilson, Councilmember Michael Plunkett, Council President Gary Haakenson, Mayor Rob Chave, Planning Manager Rob English, City Engineer Noel Miller, Public Works Director The committee convened at 6:05 p.m. A. Development regulations relating to the fiber optic network. Duane Bowman, Development Services Director, introduced this topic. This subject was brought during a presentation by Rick Jenness on the city’s fiber optic program. He noted that in order to mandate a program of installation of conduit for fiber optic on private property, the city would need to develop program to give basis for the requirement. He described some alternatives where the city could set standards for its city projects, a voluntary program or a program of the city paying for conduit for a developer to install. Noel Miller noted that the city still would have to identify a funding source for purchasing conduit. Rick Jenness indicated that he didn’t believe the cost to be that high. He noted that for a developer it could actually be cheaper to install conduit and prevent future disruptions when communications providers decide to install service. Mayor Haakenson pointed out that the fiber optic program will not be going forward at this time and maybe voluntary installation would be the best case scenario. Peggy Olson concurred that a voluntary program would work. Council member Wilson noted that this is probably something that should be considered during next year’s capital improvement program (CIP) discussion. ACTION: Staff will continue to refine ideas and come back to the committee during the CIP process next year. B. Discussion on Community Sustainability Element of the Comprehensive Plan. Rob Chave introduced the topic. He described the current work on the sustainability element noting that the format for the new element would be done to fit with the growth management act (GMA) format of goals and then policies. He noted that the new element would be overarching with specific detail within existing plan elements and cited an example of policies in the sustainability element on housing with more specifics with the housing element. This new element would drive more strategic planning and policy review to guide use of city resources and programs. Council member Wilson thought it would be a good idea to have a preamble at the start of the element stating this. He asked about the timeframe to complete the work on the element. Rob Chave indicated that some portions of the work could be completed in two years with the complete element in the range of five to seven years. ACTION: Staff will bring back refinements to the draft language for review at the November CS/DS meeting. CS/DS Committee Minutes October 14, 2008 Page 2 2 C. Review possible amendments to ECDC Chapter 18.05, Utility Wires, regarding replacement power poles. Duane Bowman, Development Services Director, introduced the topic. This matter came to the attention of the city based upon an incident in the Seaview area when a PUD transmission pole was replaced with a steel pole as part of the addition of a wireless micro cell on top of the new pole. He reviewed the draft language and highlighted two key revisions. First, a neighborhood informational meeting would be required before a permit for a replacement pole with wireless antenna attached could be issued. Second, replaced poles in residential neighborhoods would have to be wood. Mr. Bowman distributed an email from a representative from the Snohomish County PUD which raised a concern about the draft language. They were concerned about the requirement to solely use wood poles in residential neighborhoods. Mayor Haakenson stated that he did not believe that this was a major concern and that wood was the proper material for power poles in residential neighborhoods. Council member Wilson and Olson agreed. Mr. Bowman indicated that he could draft some language to address the concern raised by the PUD which would require a public hearing if they wanted some a material other than wood. ACTION: The CS/DS committee recommended the draft language be forwarded to the City Council for approval and that staff draft possible language to address the concerns raised by the PUD D. Discussion on commercial uses in residential zones related to house rentals. Duane Bowman, Development Services Director, introduced the topic. This matter came to the attention of the city based upon incidents related to the rental of a large house in the Talbot Park area for weddings, conferences, parties etc. The house is available to rent by the day, week, or month. The residents in the neighborhood have complained about increased traffic and noise. Staff believes that the code needs to be amended to address this issue. Mr. Bowman distributed a draft interim zoning ordinance that would amend Chapter 16.20.010of the Edmonds Community Development Code (ECDC) to restrict rental of a house to not less than thirty days. He noted that the city could pick the timeframe (a week or month(s)). Council member Wilson expressed concern about the ordinance and could not support such an ordinance. He noted that this could potentially impact other residences that are available to rent in the community. He asked if staff researched the impact of the ordinance on other property owners. Mr. Bowman indicated that staff had not done any research. ACTION: The CS/DS committee recommended the draft interim ordinance be presented to the City Council with a timeline to do a code amendment following the normal code amendment process. Staff was also requested to do research to see if this proposed ordinance would impact other properties. The Committee meeting adjourned at 7:10 p.m. 0006.90000 WSS/gjz 10/14/08 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE AMENDING THE PROVISIONS OF SECTION 16.20.010(B)(3) RELATING TO THE RENTAL OF SINGLE FAMILY DWELLINGS, SETTING A PUBLIC HEARING DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Chapter 16.20 RS (Single-Family Residential) establishes requirements for the single-family zone; and WHEREAS, unregulated rental of a building intended for single-family use on a daily basis encourages the use of the dwelling as a party house and for commercial uses incompatible with the purposes of the single-family zone;; and WHEREAS, the Growth Management Act, RCW 36.70A.390 authorizes the uses of an interim zoning ordinance where the City Council finds that the health, safety and welfare so require; and WHEREAS, the City Council wishes to protect and preserve the integrity of the single-family zone and finds that immediate action is necessary to address the unregulated rental of single-family properties on a short term basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS707999.DOC;1/00006.900000/} - 1 - Section 1. The Edmonds Community Development Code Section 20.010 Uses, B. Permitted Secondary Uses is hereby amended as an interim zoning ordinance to read as follows: 16.20.010 Uses. . . . B. Permitted Secondary Uses. . . . 3. The renting of either the entire dwelling or individual rooms without separate kitchens to one or more persons under the following limitations: a) The term of rental shall not be less than thirty (30) days; b) All requirements of the state building and fire codes are met, including any density requirements; and c) The overall occupancy of the single-family dwelling complies with the provisions of ECDC 21.30.010 defining family. Section 2. In accordance with the requirements of RCW 36.70A.390, a public hearing shall be held on this matter on _______________, 2008 at7:00 PM or as soon thereafter as the public may be heard. Such date is within sixty days of the adoption of this ordinance. Section 3. The City Council refers this matter to the Planning Board for its review and recommendation. Section 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON {WSS707999.DOC;1/00006.900000/} - 2 - ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS707999.DOC;1/00006.900000/} - 3 - {WSS707999.DOC;1/00006.900000/}- 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE AMENDING THE PROVISIONS OF SECTION 16.20.010(B)(3) RELATING TO THE RENTAL OF SINGLE FAMILY DWELLINGS, SETTING A PUBLIC HEARING DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2008. CITY CLERK, SANDRA S. CHASE AM-1891 7. Annual Report from the City Attorney Edmonds City Council Meeting Date:11/03/2008 Submitted By:Sandy Chase Submitted For:City Attorney Time:15 Minutes Department:City Clerk's Office Type:Information Review Committee: Action: Information Subject Title Annual report from the City Attorney. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Scott Snyder, City Attorney, will present his annual report to the City Council. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 02:54 PM APRV 2 Mayor Gary Haakenson 10/30/2008 03:18 PM APRV 3 Final Approval Sandy Chase 10/30/2008 03:39 PM APRV Form Started By: Sandy Chase  Started On: 10/30/2008 02:51 PM Final Approval Date: 10/30/2008 AM-1884 8. First Reading: Ordinance Establishing a Transportation Benefit District Edmonds City Council Meeting Date:11/03/2008 Submitted By:Stephen Clifton Time:5 Minutes Department:Community Services Type:Information Review Committee: Action: Information Subject Title First Reading: Ordinance amending the Edmonds City Code to enact a new Chapter 3.65, Edmonds Transportation Benefit District (TBD), establishing a TBD, specifying the boundaries for the TBD, specifying the TBD’s purpose to maintain, preserve, construct and reconstruct existing street transportation infrastructure and other City street improvements when designated on State and regional plans. (Note: A public hearing is scheduled on 11/18/08 on this matter.) Recommendation from Mayor and Staff Previous Council Action On October 21, 2008, the Edmonds City Council approved Resolution 1181 setting a public hearing on November 18, 2008 regarding the potential establishment of a Transportation Benefit District (TBD). Narrative On October 21, 2008, the City Council was provided a Resolution setting a Public Hearing regarding the establishment of a Transportation Benefit District pursuant to the authority of Chapter 36.73 RCW, and a draft Ordinance amending the Edmonds City Code to enact a new Chapter 3.65, Edmonds Transportation Benefit District (TBD). If the City Council were to establish a TBD, because the City would be authorizing a separate legal entity (the TBD) to use city right of way, this can be construed as a franchise. As a "franchise" ordinance, the proposed ordinance needs to be read twice (i.e. introduced at a public meeting at least 5 days before passage). As such, the November 3, 2008 first reading of the attached Ordinance amending the Edmonds City Code to enact a new Chapter 3.65, Edmonds Transportation Benefit District, serves this purpose. Fiscal Impact Attachments Link: Exhibit 1 - Ordinance Enacting a New Chapter 3.65 Transportation Benefit District Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 10:45 AM APRV 2 Mayor Gary Haakenson 10/30/2008 12:03 PM APRV 3 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Stephen Clifton  Started On: 10/30/2008 07:36 AM Final Approval Date: 10/30/2008 0006.900000 ERZ/WSS/gjz 10/17/08 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE TO ENACT A NEW CHAPTER 3.65 EDMONDS TRANSPORTATION BENEFIT DISTRICT, ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE BOUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE MAINTENANCE AND PRESERVATION OF EXISTING TRANSPORTATION IMPROVEMENTS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council of the City of Edmonds has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, and protection of public ways within the corporate limits of the City pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and WHEREAS, the improvement, maintenance, and protection of public ways requires maintaining and preserving existing transportation improvements to avoid catastrophic failure of the improvements which would require significant additional funds to reconstruct; and WHEREAS, the number one priority in the “Washington Transportation Plan for 2007-2026” adopted by the Washington Transportation Commission is to preserve and extend prior investments in existing transportation facilities and the services they provide to people and commerce; and WHEREAS, the “Washington Transportation Plan for 2007-2026” identifies in Section II that there is no more fundamental transportation investment than existing system preservation – keeping the physical infrastructure in safe and efficient operating condition; and {WSS708637.DOC;1/00006.900000/} 1 WHEREAS, the investment principles from the Puget Sound Regional Council “Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound Region” states that the first priority should be to maintain, preserve, make safe, and optimize existing transportation infrastructure and services and Regional Transportation Policy 8.3 identifies the importance of maintaining and preserving the existing urban and rural transportation systems in a safe and usable state; and WHEREAS, the City has limited transportation funding to pay for necessary transportation preservation and maintenance; and WHEREAS, the funding dedicated for the preservation and maintenance of the City’s transportation infrastructure has been dramatically reduced due to the 2003 loss of King County Local Vehicle License fees (28% revenue reduction) and the ongoing annual decrease in Gas Tax revenues (0.8% annual reduction for past seven years); and WHEREAS, while dedicated revenues have decreased, the ongoing annual costs to preserve and maintain the City’s transportation infrastructure continue to rise leaving the City unable to continue to adequately preserve and maintain the City’s transportation infrastructure; and WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation benefit districts and for the levying of additional revenue sources for transportation improvements within the district that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, RCW 35.21.225 authorizes the City Council to establish a transportation benefit district subject to the provisions of Chapter 36.73 RCW; and {WSS708637.DOC;1/00006.900000/} 2 WHEREAS, the City desires to form a Transportation Benefit District which includes the entire City of Edmonds as the boundaries currently exist; and WHEREAS, prior to establishing a Transportation Benefit District, the City Council shall conduct a public hearing upon proper notice, which shall describe the functions and purposes of the proposed Transportation Benefit District; and WHEREAS, the City provided notice of and conducted the public hearing on ___________________ 2008, regarding the proposed establishment of a Transportation Benefit District in accordance with RCW 36.73.050; and WHEREAS, the City Council of the City of Edmonds finds it to be in the best interests of the City to establish a citywide Transportation Improvement District for the preservation and maintenance of the City’s transportation infrastructure consistent with Chapter 36.73 RCW, to protect the City’s long-term investments in that infrastructure, to reduce the risk of transportation facility failures and improve safety, to continue optimal performance of the infrastructure over time, and to avoid more expensive infrastructure replacements in the future; and WHEREAS, the City Council of the City of Edmonds shall establish a governing body for the Transportation Benefit District comprised of the City Council acting in an ex officio and independent capacity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is to establish a Transportation Benefit District pursuant to RCW 35.21.225 and RCW 36.73. The City Council finds it is in the public interest to provide adequate levels of funding for the purposes of ongoing {WSS708637.DOC;1/00006.900000/} 3 transportation improvements that preserve, maintain and as appropriate construct or reconstruct the transportation infrastructure of the City of Edmonds, consistent with Chapter 36.73 RCW. Section 2. Creation of New City Code Chapter Providing for Formation of a Transportation Benefit District. The City of Edmonds adopts a new chapter to the Edmonds Municipal Code 3.65 “Edmonds Transportation Benefit District,” which is set forth as follows: 3.65.010 Establishing transportation benefit district. There is created a transportation benefit district with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they may exist following future annexations. 3.65.020 Governing board. A. The governing board of the transportation benefit district shall be the Edmonds City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. B. The treasurer of the transportation benefit district shall be the City Finance Director. C. The board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). D. The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 3.65.030 Transportation improvements funded. The funds generated by the transportation benefit district shall be used for transportation improvements that preserve and maintain the transportation infrastructure of the City, consistent with the requirements of Chapter 36.73 RCW. The funds may be utilized for any lawful purpose under the Chapter; but all funds raised through the TBD shall be expended only in accordance with the provisions of Chapter 36.73 RCW as the same exists or is hereafter amended. The transportation improvements funded by the district shall preserve and maintain the City's previous investments in the transportation infrastructure, reduce the risk of transportation {WSS708637.DOC;1/00006.900000/} 4 facility failure, improve safety, continue the cost-effectiveness of the City’s infrastructure investments, and continue the optimal performance of the transportation system. 3.65.040 Dissolution of district. The transportation benefit district shall be automatically dissolved when all indebtedness of the district has been retired and when all of the district's anticipated responsibilities have been satisfied, provided, however, that maintenance and preservation of the City’s transportation infrastructure is an ongoing responsibility of the City. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. Pursuant to RCW 35A.47.040, this ordinance has been passed at least five days after its first introduction and by a majority of the whole membership of the City Council at a regular meeting. This ordinance, being the exercise of a power specifically delegated to the City’s legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER {WSS708637.DOC;1/00006.900000/} 5 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS708637.DOC;1/00006.900000/} 6 {WSS708637.DOC;1/00006.900000/} 7 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE TO ENACT A NEW CHAPTER 3.65 EDMONDS TRANSPORTATION BENEFIT DISTRICT, ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE BOUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE MAINTENANCE AND PRESERVATION OF EXISTING TRANSPORTATION IMPROVEMENTS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2008. CITY CLERK, SANDRA S. CHASE AM-1882 9. Emergency Resolution: Restoration of Embankment and Culvert on Talbot Road Edmonds City Council Meeting Date:11/03/2008 Submitted By:Kim Karas Submitted For:Noel Miller Time:5 Minutes Department:Public Works Type:Action Review Committee: Action:Approved for Consent Agenda Information Subject Title Resolution authorizing the Mayor and staff to dispense with competitive bidding requirements in order to restore a failing roadway embankment and culvert on Talbot Road. Recommendation from Mayor and Staff Recommend that Council adopt a resolution authorizing the Mayor and his staff to dispense with competitive bidding requirements, in order to restore a failing roadway embankment and culvert on Talbot Road and appropriate up to $250,000 from the Combined 411 Utility Fund and cash balance. Previous Council Action None. Narrative Public Works personnel have been monitoring a roadway embankment that is beginning to slough on Talbot Road, near Cyrus Place. A geotechnical engineering firm was hired to provide technical assistance. The cause of the sloughing is due to a deteriorating stormwater culvert at the bottom of the embankment. This past week, staff has observed an accelerated settlement of the sidewalk adjacent to the roadway. Staff has very serious concerns that the embankment will fail during the upcoming rainy season. Thus, time is of the essence to correct this situation and avoid additional damage and subsequent costs to the City right-of-way, utilities and abutting properties. Fiscal Impact Attachments Link: Resolution Link: Project Location Map Link: Cross Section A Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 03:20 PM APRV 2 Mayor Gary Haakenson 10/30/2008 03:29 PM APRV 3 Final Approval Sandy Chase 10/30/2008 03:39 PM APRV Form Started By: Kim Karas  Started On: 10/29/2008 02:03 PM Final Approval Date: 10/30/2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE MAYOR AND STAFF TO DISPENSE WITH COMPETITIVE BIDDING REQUIREMENTS IN ORDER TO RESTORE A FAILING ROADWAY EMBANKMENT ON TALBOT ROAD WHEREAS, based upon the presentation of staff and the information contained in the public record, the City Council finds that the imminent failure of a public road way embankment, within the right of way of Talbot Road, constitutes an emergency within the meaning of RCW 39.04.280(1) (c); and WHEREAS, RCW 39.04.280(1) (c) authorizes the City to waive competitive bidding requirements in the event of an emergency, and WHEREAS, an emergency is defined by RCW 39.04.280(3) to mean an unforeseen circumstance beyond the control of the municipality that either: (a) presents a real immediate danger to the proper performance of an essential function; or (b) will likely result in material loss or damage to property, bodily injury or loss of life if immediate action is not taken, and WHEREAS, the City Council has received the staff report of the Public Works Director and staff describing the roadway embankment emergency brought about by a failing storm water culvert; and WHEREAS, the City Council finds and concludes that the immediate restoration of city roadways and utility systems by contractors and consultants through negotiation rather than competitive bidding or selection is in the public interest, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Edmonds City Council hereby authorizes the Mayor and his designees to waive competitive bidding and consultant selection requirements in order to contract for the restoration of the embankment and culvert on Talbot Road. RESOLVED this _____ day of ______, 2008. APPROVED: ____________________________________ MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: _____________________________________ CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CROSS SECTION A-A'FIGURE NO. TALBOT ROAD SLOPE STABILIZATION EDMONDS, WA 03 PROJECT NO. 2008-096-21 Center line of Road Curb Broken Culvert Top of SlopeBH-1 HH-1 KEY:FILL Recessional Outwash Advance Outwash Scale 1"= 5' True Scale Bottom of Boring 30.0' BGS 100 Relative Elevation (feet)Distance Along Cross Section (feet) A A' 95 90 85 80 75 70 65 0 5 10 15 20 25 30 35 40 45 50 55 60 84 59 41 21 8 11 9 8 11 AM-1888 10.A. Council Direction on 2009-2010 Budget Options Edmonds City Council Meeting Date:11/03/2008 Submitted By:Sandy Chase Submitted For:Council President Plunkett Time: Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Discussion and potential action on Council direction regarding 2009-2010 budget options. Recommendation from Mayor and Staff Previous Council Action Narrative Please refer to the attached memorandum prepared by Council President Plunkett. Fiscal Impact Attachments Link: Council President Plunkett Memo Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/30/2008 10:55 AM APRV 2 Mayor Gary Haakenson 10/30/2008 12:03 PM APRV 3 Final Approval Sandy Chase 10/30/2008 12:42 PM APRV Form Started By: Sandy Chase  Started On: 10/30/2008 10:51 AM Final Approval Date: 10/30/2008 City of Edmonds COUNCIL OFFICE Date: October 30, 2008 To: Councilmembers From: Michael Plunkett, Council President Subject: Potential Action on Council Direction re 2009-2010 Budget Options Speaking not as the Council President but as a Councilmember, as I mentioned last week, I continue to believe taking a pathway toward a particular budget direction would settle at least one of the outstanding issues. I therefore want to inform you that at the next budget workshop, I will again be asking Council to give direction to the Mayor and Council President to use Budget Option 3 as the baseline document leading toward potential adoption and amendment at the November 3, 2008 Council Meeting. I repeat this is Council direction and not the adoption of the budget. However, I feel as though this kind of Council direction will be helpful in moving forward at this time so this is to let you know I will be seeking Council direction and leadership for this item for our next workshop. MEMORANDUM