HomeMy WebLinkAbout2026-09-15 PPW Committee Packet
Edmonds City Council Agenda
September 15, 2026
Posted: 9/11/2026 9:52 AM Page 1
Agenda
Edmonds City Council
Parks and Public Works (PPW)
Committee
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
ZOOM: HTTPS://ZOOM.US/J/95798484261 PHONE: +1 253 215 8782 MEETING ID: 957 9848 4261
SEPTEMBER 15, 2026, 3:00 PM
STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE
PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY.
IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR
PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121
5TH AVE N, EDMONDS WA.
1. CALL TO ORDER
2. COMMITTEE BUSINESS
1. Yost Pool - Cascade Swim Club Agreement First Reading – Parks and Recreation (25
minutes)
2. Approval to Terminate Construction Contract for the Olympic View Drive Pavement
Preservation Project First Reading – Engineering (15 minutes)
3. Council Discussion on Transportation Impact Fees and Revisions to Section 3.36 of
Edmonds City Code Third Reading – City Council Office (30 minutes)
ADJOURNMENT
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City Council Agenda Item 2.1
September 15, 2026 - Parks and Public Works (PPW) Committee
TITLE:Yost Pool - Cascade Swim Club Agreement (First Reading)
DEPARTMENT:Parks and Recreation
PRESENTER:Angie Feser, Director Parks & Recreation
NEEDED FROM COUNCIL:Action
RECOMMENDATION:The Parks & Public Works Committee forward to next regular
council meeting consent agenda for consideration of Council’s
authorization of the Mayor to execute the 2026-2036 Yost Pool
Operations Agreement between City of Edmonds and Cascade
Swim Club effective October 1, 2026.
BUDGET:
Total Dollar Amount:*See budget narrative
below for more detail
☐ Approved in Budget
Fund(s):000 ☐ Budget Reallocation Required
☐ No Budget Impact
PROBLEM/ISSUE STATEMENT:
The City of Edmonds and Cascade Swim Club are in the second year of a five-year
concessionaire agreement to provide Yost Pool programs and limited operations. As a service
provider, Cascade pays the city more than $100,000 a year to cover the cost of pool utilities,
including gas, water and electricity. During the 2025-26 mid-biennium modification process the
council directed administration to require Cascade to pay an additional $83,500 a year to offset
the city’s cost of maintaining and operating the pool. That requires the existing contract to be
renegotiated. Most of the city’s pool maintenance and operation costs are labor (about
$150,000), utilities ($102,000) and supplies and services ($16,000). With the council’s objective
of decreasing city costs (by increasing revenue from Cascade) this provided an opportunity for a
creative solution in which Cascade would assume responsibility for routine maintenance and
operations in addition to pool programming through an operation agreement.
The proposed approach, as documented in the attached draft operation agreement, is for
Cascade to assume all routine maintenance including, but not limited to, the direct costs of
utilities, supplies, materials and services required to operate and provide programming of the
pool.
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CONTEXT, ANALYSIS, & ALTERNATIVES:
Alternatives include –
1. Not approving the new Operation Agreement and keeping the existing Concessionaire
Agreement and current programming model. This would require the renegotiation of the
current Concessionaire agreement to include the additional $83,500 fee for 2026. It would also
require clarification if the $83,500 was just for 2026 or ongoing.
2. Amending the proposed Operation Agreement.
RECOMMENDATION:
The Parks & Public Works Committee forward to next regular council meeting consent agenda
for consideration of Council’s authorization of the Mayor to execute the 2026-2036 Yost Pool
Operations Agreement between City of Edmonds and Cascade Swim Club effective October 1,
2026.
BUDGET IMPACTS:
For 2027 and beyond, this new arrangement will decrease city annual expenditures of at least
$138,000 including $102,000 in utilities (gas and electricity), $16,000 in supplies and an
anticipated to increase of at least $20,000 for water utility.
This new agreement will also decrease annual concessionaire revenue by ($102,000).
Cascade Swim Club will be charged time and materials for any maintenance services provided
by the city that are the responsibility of Cascade as per the operation agreement.
If the agreement is approved, these budget impacts will be included in the proposed 2027-2028
biennium budget.
For 2026, if the agreement is approved effective October 1, 2026 it is recommended the 2026
concessionaire agreement payment be pro-rated for the year for a total payment of $76,500.
($102,000/12 months = $8,500/mo and 9 months x $8,500 = $76,500). Council should clarify if
the additional amount of $83,500 (pro-rated or not) is still applicable since an alternative pool
operation arrangement was developed to decrease city expenditures for the next decade. If so,
an amendment to the proposed operation agreement will be needed to reflect the additional
2026 fee payment.
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ITEM HISTORY:
The City and Cascade first entered into an annual concessionaire’s agreement in August 2021
and in 2025 entered into a five-year renewal agreement. The pool availability also changed
from summer use only to year-round. The agreement requires Cascade to provide
resident/non-resident rates and guaranteed programming to the Edmonds public such as open
swim, lap swim, and swim lessons. This partnership has proven to be very successful, and it is
questionable Yost Pool would be open if the city had to directly operate, program, staff and
maintain the pool.
ADDITIONAL INFORMATION:
ATTACHMENTS:
DRAFT 2026-36 Yost Pool Operation Agreement
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OPERATION AGREEMENT – YOST POOL PROPERTY
CITY OF EDMONDS
AND
CASCADE SWIM CLUB
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TABLE OF CONTENTS
LIST OF EXHIBITS..................................................................................................................... ii
OPERATION AGREEMENT – YOST POOL PROPERTY ................................................... 1
SECTION 1. AGREEMENT TO OPERATE POOL ............................................................... 1
SECTION 2. TERM..................................................................................................................... 1
SECTION 3. OPERATIONAL COSTS ..................................................................................... 2
SECTION 4. CASCADE’S OTHER OBLIGATIONS ............................................................. 2
SECTION 5. CITY’S AUTHORITY AND OBLIGATIONS .................................................. 6
SECTION 6. INDEMNITY, INSURANCE ................................................................................ 7
SECTION 7. DEFAULT / EXPIRATION & TERMINATION .............................................. 9
SECTION 8. REPRESENTATIONS ....................................................................................... 11
SECTION 9. GENERAL PROVISIONS ................................................................................. 12
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LIST OF EXHIBITS
EXHIBIT A: Property Description
EXHIBIT B: Property Depiction
EXHIBIT C: Yost Pool Management Requirements
EXHIBIT D: Yost Pool Operations Daily Checklist
EXHIBIT E: Cascade Yost Pool Safety Action Plan
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OPERATION AGREEMENT – YOST POOL PROPERTY
CITY OF EDMONDS / CASCADE SWIM CLUB
THIS OPERATION AGREEMENT (“Agreement”), effective the __ day of _______ 2026
(“Effective Date”), is between the CITY OF EDMONDS, a municipal corporation of the State of
Washington (the “City”), and CASCADE SWIM CLUB, a Washington non-profit organization
(“Cascade”).
WHEREAS, the City owns the property at 9535 Bowdoin Way in Edmonds, Washington;
Cascade has operated Yost Pool, located on that property, pursuant to a Concession Agreement
with the City since 2021; and the parties desire to continue to collaborate on the operations of Yost
Pool for the benefit of both the parties and the general public; and
WHEREAS, Cascade, as a non-profit community partner, provides to the public valuable
education in water safety as well as swim lessons, recreational swim teams, public lap swim, and
other opportunities for the community that help increase citizen safety in and near the water; and
WHEREAS, the City desires to continue the operation of Yost Pool for such purposes in
an economically responsible way and Cascade desires to continue to provide such services;
NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and intending to be legally bound by the terms and
conditions of this Agreement, agree as follows:
SECTION 1. AGREEMENT TO OPERATE POOL
1.1 Agreement to Operate Yost Pool. The parties agree that Cascade will manage the
operation of Yost Pool for the duration of this Agreement. The Yost Pool property is described in
Exhibit A, attached hereto, and the pool building location is depicted in Exhibit B, attached hereto
(the “Property”).
1.2 Use of the Property. Except as otherwise provided herein, Cascade shall use the
Property for the purposes of operating Yost Pool for the benefit of its members as well as members
of the public in coordination with the City of Edmonds’ Parks & Recreation Department.
SECTION 2. TERM
2.1 Initial Term. The initial term of this Agreement (“Agreement Term”) shall be for
a period of approximately ten and one half (10.5) years commencing on _______, 2026
(“Commencement Date”), and terminating on December 31, 2036 (“Expiration Date”), subject to
agreed extension of the Agreement Term or earlier termination of the Agreement as provided
herein.
2.2 Extension Term. The Agreement Term may be extended for one additional period
of five (5) years upon mutual agreement of the parties.
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2.2.1 Conditions of Extension. In order for Cascade to qualify for an extension
of the Agreement Term, it shall: (i) not be in material default at the time of requesting an Extension
Term and thereafter; (ii) it shall provide written notice of its request for the Extension Term at
least sixty (60) days prior to the expiration of the Agreement Term.
2.2.2 Process for Extension. No sooner than one hundred eighty (180) days and
no later than sixty (60) days prior to the expiration of the Agreement Term, Cascade shall provide
written notice of its request to enter into the Extension Term. The City and Cascade shall meet no
later than thirty (30) days prior to the expiration of the Agreement Term to confirm the Extension
Term, discuss any matters pertaining thereto and sign a Agreement Addendum incorporating the
Extension Term and any mutually acceptable matters pertaining to the Extension Term. The City
may decline the request for the Extension Term at its sole discretion.
SECTION 3. OPERATIONAL COSTS
3.1 Cascade is solely responsible for for paying all water, sewer, and electricity and
natural gas service utility fees for the Property during the Agreement Term and Extension Term,
if any, as well as any and all costs incurred relating to repair, maintenance, operating expenses,
and approved tenant improvement expenses as set forth in Section 4, below. Cascade agrees that
the City shall not be obligated to perform any acts or be subject to any liabilities or to make any
payments, except as otherwise specifically and expressly provided in this Agreement. In the event
that the City pays any such amounts, whether to cure a default or otherwise protect its interests
hereunder, the City shall be entitled to be reimbursed by Cascade the full amount of such
payments within thirty (30) days of written demand by the City. Failure to timely pay such
amounts shall be an event of Default pursuant to Section 7 of this Agreement.
SECTION 4. CASCADE’S OTHER OBLIGATIONS
4.1 Pool Operations Management / Independent Contractor. Cascade shall maintain
and operate Yost Pool and any associated programs for the term of this Agreement and shall be
responsible for the daily management of Yost Pool in compliance with the Yost Pool Management
Requirements set forth in Exhibit C.
The parties intend that Cascade’s obligations relating to the management and operation of Yost
Pool create an independent contractor relationship between Cascade and the City; that this
Agreement does not create a contract of employment between the parties; and that Cascade is an
independent entity with respect to the management and operation of Yost Pool. Nothing in this
Agreement will be considered to create the relationship of employer and employee between the
parties hereto. No agent, employee or representative of Cascade will be deemed to be an agent,
employee or representative of the City for any purpose. Cascade will be solely responsible for all
acts of its agents, employees, representatives, volunteers and subcontractors with respect to the
management and operation of Yost Pool during the Agreement Term and Extension Term, if any.
Cascade will also be solely responsible for any payment due to its agents, employees,
representatives or subcontractors, including workers compensation and related costs. Cascade
warrants that it has conducted a criminal background check for any agent, employee, representative
or other person performing services on its behalf. Cascade warrants that it has conducted a criminal
history background check pursuant to the Child and Adult Abuse Information Act as authorized
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by RCW 43.43.830-845, for any prospective employee who will or may have unsupervised access
to children under sixteen years of age or developmentally disabled persons or vulnerable adults
during the course of his or her employment or involvement with Cascade’s business or
organization, or any prospective volunteer who will have regularly scheduled unsupervised access
to children under sixteen years of age, developmentally disabled persons, or vulnerable adults
during the course of his or her employment or involvement with Cascade’s business or
organization under circumstances where such access will or may involve groups of five or fewer
children under twelve years of age, three or fewer children between twelve and sixteen years of
age, developmentally disabled persons, or vulnerable adults.
4.2 Pool Operation. Cascade shall be responsible for the safe operation of Yost Pool
(maximum occupancy 260) for the period of the Agreement Term and Extension Term, if any, in
compliance with the Yost Pool Operations Daily Checklist set forth in Exhibit D and pursuant to
all applicable guidelines provided by the State of Washington Governor’s Office, Snohomish
County Health Department, and the Cascade Yost Pool Safety Action Plan set forth in Exhibit E.
These responsibilities include oversight of lap swim, open swim, swim lessons, rentals, swim team,
swim meets, special events and all scheduled pool activities, and all other pool/site management.
During all hours of operation, Cascade shall maintain on duty adequate personnel to comply with
all terms and conditions of this Agreement. Cascade represents that Cascade and its employees,
representatives, agents and volunteers have the necessary knowledge, skill and experience to
competently provide the swimming pool operation services hereunder and will do so in a
professional manner consistent with customary practices.
4.2.1 Summer Season. During the summer swim season, defined as those days
when the Edmonds School District is on summer break, Cascade shall offer the following public
access to the pool, at a minimum: family / open recreational swim; lap swim; swimming lessons;
and recreational swim team (Yost Penguins). Specific schedule to be determined by Cascade and
approved by the City.
4.2.2 Non-Summer Season. During the non-summer swim season as defined as
the weeks in which the Edmonds School District is not on summer break, Cascade shall offer
public lap swim at a minimum. Specific schedule to be determined by Cascade and approved by
the City.
4.3 Repairs. Cascade shall be responsible for all repairs for any and all impacts or
damages to the Property attributable to the actions of Cascade and its invitees and agrees to return
the Property to its original condition, prior to the time of the needed repair and as deemed
acceptable by the City.
4.4 Property Maintenance. At all times during the Agreement Term and Extension
Term, if any, Cascade shall reasonably keep and maintain the Property in good repair and condition
and shall undertake all necessary and appropriate preventive maintenance and clean-up, reasonable
wear and tear excepted. Such maintenance and clean-up shall be done with reasonable dispatch at
Cascade’s sole expense. See Section 4.14, below, regarding the City’s rights to inspection of the
Property. Prior to entering into an Extension Term of this Agreement an inspection will be required
and all reasonable repairs and maintenance needed to be done must be done to the Property before
the Extension Term of the Agreement commences.
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4.5 No Liens or Encumbrances. During the Agreement Term and Extension Term, if
any, Cascade agrees to pay, when due, all sums for labor, services, materials, supplies, utilities,
furnishings, machinery, or equipment which have been provided for its use to the Property. If any
lien is filed against the Property which Cascade wishes to protest, then Cascade shall immediately
deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to
cover the cost of removing the lien from the Property. Failure to remove the lien or furnish the
cash or bond acceptable to the City within thirty (30) days from the lien filing date shall constitute
an event of default under this Agreement and the City shall automatically have the right, but not
the obligation, to pay the lien in full with no notice to Cascade and Cascade shall immediately
reimburse the City for any sums so paid to remove any such lien. The City shall not encumber the
Property without prior written approval of the City.
4.6 Utilities. Cascade is solely responsible for verifying the existence, location,
capacity and availability of all utilities it may need for Cascade’s planned use of the Property. The
Property, as made available to Cascade by the City, shall include utility access for water, sewer,
gas, electrical power, internet, and telephone. If possible, Cascade shall be responsible for paying
all utility fees directly to the service providers during the Agreement Term and Extension Term,
if any. For utilities that service City properties other than just the pool facility, the City will invoice
Cascade for the appropriate portion of such utility costs.
4.7 Operating Expenses. Cascade shall pay the following operating expenses: All
expenses relating to the business function of Cascade, including but not limited to staff wages,
benefits, and uniforms; communications; signage; bank and payment processing fees; cleaning
fees; equipment, supplies, and chemicals to clean and maintain the pool, pool house, locker rooms
and office, replacement of consumable pool equipment such as flotation devices; and the like; first
aid supplies; and expenses associated with any required health department permits for the
operation of the pool and spa/hot tub.
4.8 Signs. Any signs erected by Cascade must comply with all local sign ordinances.
Cascade shall remove all signs and sign hardware upon termination of this Agreement and restore
the sign location(s) to its (their) former state(s) unless the City elects to retain all or any portion(s)
of the signage.
4.9 Improvements. Cascade may make only such improvements to the Property for
which Cascade has received the City’s prior written authorization. If so authorized, Cascade shall
at its own expense make such alterations to the Property as may be required for the purposes of
its operational needs. The City hereby approves the installation of USA Swimming-approved
starting blocks as an improvement.
4.10 Use by Third Parties / Assignment. Cascade will not allow third parties to use
the Property or assign its obligations under this Agreement without the City’s prior written
consent. Notwithstanding the foregoing, short-term use of the pool by third parties for swim
meets, practices, events, classes, or similar aquatic activities shall be considered an authorized
use, provided that Cascade retains operational control and responsibility for the Property during
such use. Cascade will provide the City with reasonable advance notice of any recurring third-
party uses.
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4.11 No Discrimination. Cascade shall, in all hiring or employment made possible or resulting
from this Agreement, take affirmative action to ensure that there will be no unlawful
discrimination against any employee or applicant for employment because of sex, race, age,
color, religion, national origin, marital status, sexual orientation, veteran status, liability for
service in the armed forces of the United States, disability, or the presence of any sensory,
mental or physical handicap, or any other protected class status, unless based upon a bona fide
occupational qualification. This requirement will apply to, but not be limited to, the following:
employment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
No person will be denied, or subjected to discrimination in receipt of the benefit of, any services
or activities made possible by or resulting from this Agreement on the grounds of sex, race, age,
color, religion, national origin, marital status, sexual orientation, veteran status, liability for service
in the armed forces of the United States, disability or the presence of any sensory, mental, or
physical handicap, or any other protected class status. Cascade will comply with RCW 4.24.660
(Zackery Lystedt Law) regarding youth sports concussion and head injuries. Cascade will comply
with the City of Edmonds’ Gender Equality Policy, pursuant to RCW 49.60.505.
4.12 Compliance with Laws. Cascade in the performance of its obligations under this
Agreement shall comply with all applicable Federal, State, Public Health, and local laws and
ordinances, including regulations for licensing, certification and operation of facilities, programs
and accreditation, and licensing and certification of individuals, and any other standards and
criteria as described in the Agreement to assure quality of services. Cascade will comply with all
public health and safety guidelines and requirements of the federal government, the State of
Washington, the Snohomish Health District, and the City, including but not limited to Chapter
246-260 WAC. Cascade will consult this information regularly during the Agreement Term and
Extension Term, if any, to ensure that the latest guidelines and requirements are promptly
implemented. Failure to comply with all applicable health and safety guidelines and requirements,
to include the failure of any inspection conducted by the City of Edmonds or the Snohomish Health
District, constitutes a violation of the terms of this Agreement.
4.13 Destruction of Property. In the event that the Property or the building thereon is
partially or totally destroyed by fire or other casualty, Cascade may, at its option, terminate this
Agreement. In the event of partial or total destruction of the Property by fire or other casualty,
neither Cascade nor the City shall claim damages, one from the other, irrespective of negligence.
4.14 Public Place. Notwithstanding the exclusivity of occupancy granted from time to
time by the terms of this Agreement, the Property shall be considered a public place insofar as
City of Edmonds ordinances are applicable to public places. It is further understood that the
Property, including the building thereon, shall at all times be open for inspection and search by
duly authorized personnel working on behalf of the City, including but not limited to fire, police,
building officials, water and sewer personnel and City maintenance and facility personnel.
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SECTION 5. CITY’S AUTHORITY AND OBLIGATIONS
5.1 Occupancy of Property. The City grants to Cascade the right to occupy the Property
as of the Commencement Date. In the event the City shall permit Cascade to occupy the Property
prior to the Commencement Date, such occupancy shall be subject to all provisions of this
Agreement. Early or delayed occupancy shall not advance or defer the Expiration Date of this
Agreement.
5.2 Access to Property. Subject to Cascade performing all of Cascade’s obligations
under this Agreement and subject to the City’s rights and obligations under this Agreement,
including but not limited to the rights set forth below and the service obligations set forth in
Section 5.6, Cascade’s occupancy of the Property will otherwise not be disturbed by the City.
The City reserves the right to require emergency closure of the Property/Yost Pool facility at any
time if, in its sole discretion, such closure is required for public health and/or safety.
5.3 Responsibilities for Property. The City is responsible for paying all property taxes
and all capital expenses. Capital expenses include but are not limited to the replacement of major
pool equipment as needed, major renovations to the pool or building, and construction of new
infrastructure. The City will undertake all major maintenance and make all necessary capital
repairs to the Property, including but not limited to repairing the boiler or pump, and draining and
refilling the pool for replastering or similar major maintenance activities; provided, that Cascade
will be responsible for the costs of any capital repair needed for damage resulting from Cascade’s
sole negligence. The City will coordinate with Cascade on any necessary pool closures for repair
and maintenance activities. The City shall also be responsible for the maintenance of the parking
lot, lighting system, landscape beds and lawn outside and adjacent to the pool building and fence.
Cascade will be responsible for the maintenance of the lawn inside the fenced area.The City
otherwise has no obligations and makes no warranties or representations regarding the condition
of the Property, including, without limitation, the suitability of the Property for Cascade’s intended
uses.
5.4 Limitation of Liability of City. The City shall not be liable to Cascade for any
damages arising from the physical condition of the Property, including the failure, bursting, or
leaking of plumbing, or the failure of electrical wiring or fixtures, gas, water, steam or other pipes
or sewer systems; damages caused by water, snow or ice upon or coming through the roof, doors,
or other parts of the building on the Property; or the acts or omissions of third parties not under
the City’s direction or control, except to the extent that such damages arise from: (a) the
negligence, gross negligence, or willful misconduct of the City, its employees, representatives, or
agents; (b) the City’s failure to perform its obligations under this Agreement after receiving written
notice from Cascade and a reasonable opportunity to cure; or (c) a latent condition of the Property
of which the City had actual or constructive knowledge as of the Commencement Date.
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5.5 Pool Services. Cascade shall be responsible for providing chemical supplies for
and managing all Yost Pool chemical systems, including but not limited to daily testing and
maintenance of pool chemicals as needed to maintain a safe swimming environment, and for
maintaining the filter pit and mechanical systems, including but not limited to weekly cleaning to
maintain functional operating systems. The City will provide training as requested for daily and
weekly pool maintenance, including but not limited to pool cleaning and chemistry testing.
The City shall respond to calls from Cascade regarding issues with pool chemicals and/or
operating systems and will provide on-call maintenance services as requested by Cascade, to be
billed to Cascade on a time and materials basis. The Mechanical Room, Chlorine Room, and
Chemical Supply Room will remain locked at all times. Access to these rooms will be limited to
Cascade’s and the City’s maintenance staff.
5.6 Additional Services. The City will provide and maintain a Wi-Fi hotspot for use at
Yost Pool. The City will publicize Yost Pool on the City of Edmonds website and social media
sites. Cascade will be responsible for providing and maintaining an AED unit for use at Yost Pool.
5.7 Health and Safety. Cascade will be responsible for taking all reasonable steps to
maintain health and safety at Yost pool. The City will have final authority on health and safety to
include contact with the Snohomish County Department of Health, health inspections and required
closure for non-compliance.
SECTION 6. INDEMNITY, INSURANCE
6.1 General Indemnity. Upon the Commencement Date of this Agreement, each party
shall defend, indemnify, and hold the other party, its officers, officials, employees, representatives,
agents and volunteers harmless from and against any and all claims, losses, demands, suits, actions,
or liabilities for injury or death of any person, or for loss or damage to property, including
attorneys’ fees (collectively “Costs”), which in whole or in part, directly or indirectly, arise from
the indemnifying party’s performance of this Agreement or otherwise arising from the
indemnifying party’s use of the Property; provided that nothing herein shall require either party
to indemnify the other party against and hold harmless the other party from claims, losses,
demands, suits, actions, or liabilities based solely on the conduct of the other party, its officers,
officials, employees, representatives, agents or volunteers. Cascade’s obligations and liabilities
hereunder shall commence on the Effective Date of this Agreement if earlier than the
Commencement Date and if caused by the activities of Cascade on the Property. As used herein,
the indemnification provided by the parties is intended to include indemnification for the actions
of the parties and their officers, officials, employees, representatives, volunteers and other agents.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Cascade, its officers,
officials, employees, representatives, agents and volunteers and the City, its officers, officials,
employees, representatives, agents and volunteers, each party’s liability hereunder shall be only
to the extent of that party’s negligence.
Should the indemnifying party be required to incur defense expenses on behalf or itself or the other
party in defending a claim which ultimately is determined to be the result of the sole negligence
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of the other party, the other party will indemnify and hold harmless the indemnifying party for
such expenses.
The City and Cascade will comply with all applicable sections of the applicable Ethics laws,
including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal
officers. It is further specifically and expressly understood that the parties specifically assume
potential liability for actions brought by their own employees against the other party and, solely
for the purpose of this indemnification and defense, the parties specifically waive any immunity
under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated
by the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
6.2 Insurance Requirements.
6.2.1 Cascade and the City each warrant that they will maintain in full force and
effect for the duration of the Agreement Term and Extension Term, if any, the following insurance
coverage or its equivalent in pooled self-insurance, and agree to the following provisions related
thereto:
6.2.1.1 For Cascade, “All Risk” property insurance covering the full value
of Cascade’s property and improvements located on the Property with no coinsurance provisions.
For the City, “All Risk” property insurance covering the Property for full replacement value of the
building thereon without any coinsurance provisions.
6.2.1.2 Commercial General Liability insurance coverage written on an
occurrence basis, with limits no less than $5,000,000 each occurrence and $10,000,000 general
aggregate for personal injury, bodily injury and property damage.
6.2.1.3 Commercial General Liability insurance will be written on ISO
occurrence form CG 00 01 and will cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under and insured contract.
6.2.1.4 Sexual Abuse/Molestation Insurance with limits no less than
$1,000,000 each occurrence or claim limits.
6.2.1.5 The City will be named as an insured under Cascade’s Commercial
Grade Liability and Sexual Abuse/Molestation insurance policies with respect to the operations
performed using ISO Additional Insured endorsement CG 20 10 04 13 and Additional Insured-
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing
equivalent coverage.
6.2.1.6 The City has liability coverage through its membership in
Washington Cities Insurance Authority (WCIA) insurance pool. The above requirement will be
satisfied by the City’s coverage by and membership in the WCIA pool.
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6.2.1.7 Failure on the part of Cascade or the City to maintain the insurance
as required will constitute a material breach of this Agreement, upon which Cascade or the City
may, after giving five (5) business days’ notice to the other party to correct the breach, immediately
terminate the Agreement.
6.2.1.8 All insurance policies will contain a clause stating that coverage
will apply separately to each insured against whom a claim is made or suit is brought, except with
respects to the limits of the insurer’s liability.
6.3 Proof of Insurance. On or before the Commencement Date, Cascade shall furnish
the City with evidentiary proof of the existence of all insurance required under this Section 6.2
from an insurer with a current A.M. Best rating of not less than A:VII.. Insurance must be
maintained without any lapse in coverage. Cascade shall provide the City with written notice of
any policy cancellation within two (2) business days of its receipt of such notice.
6.4 Waiver of Subrogation. Cascade and the City hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the Property. This release shall apply only to the extent
that such claim, loss or liability is covered by insurance.
6.5 Availability of Cascade’s Limits. If Cascade maintains higher insurance limits than
the minimums shown above, the City shall be insured for the full available limits of Commercial
General and Excess or Umbrella liability maintained by Cascade, irrespective of whether such
limits maintained by Cascade are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than those
maintained by Cascade.
6.6 Failure to Maintain Insurance. Failure on the part of Cascade to maintain the
insurance as required shall constitute a material breach of this Agreement, upon which the City
may, after giving five (5) business days’ notice to Cascade to correct the breach, terminate this
Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand.
SECTION 7. DEFAULT / EXPIRATION & TERMINATION
7.1 Cascade Default.
7.1.1 The occurrence of any one or more of the following shall constitute a
material default and breach of this Agreement by Cascade:
7.1.1.1 Vacating the Property. The vacation or abandonment of the
Property by Cascade for more than thirty (30) days.
7.1.1.2 Unpermitted Use of the Property. The use of the Property for any
purpose not authorized by the terms of this Agreement where such unpermitted use of the Property
shall continue for a period of thirty (30) days after written notice thereof shall be grounds for
default.
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7.1.1.3 Failure to Perform. Failure by Cascade to observe or perform any
of the obligations, covenants or provisions of this Agreement to be observed or performed by
Cascade, specifically including, without limitation, Cascade’s utilization of the Property for
purposes materially inconsistent with those set forth in this Agreement where such failure shall
continue for a period of thirty (30) days after written notice thereof from the City to Cascade;
provided, that if the nature of Cascade’s default is such that more than thirty (30) days are
reasonably required for its cure, then Cascade shall not be deemed to be in default if Cascade shall
commence such cure within the thirty (30) day period and thereafter diligently prosecutes such
cure to completion. Notice shall specify the portion of this Agreement Cascade has failed to
perform and the action that the City seeks to be taken by Cascade to prevent the default. The City
agrees not to invoke any remedies until such thirty (30) days have elapsed.
7.1.2 Remedies in Default. In the event of any default or breach by Cascade under
this Agreement, in addition to any other remedies at law or in equity, the City may terminate
Cascade’s right to occupancy of the Property by providing advance written notice of at least thirty
(30) days.
7.1.3 Legal Action. If either party commences legal action relating to this
Agreement, its terms, conditions or enforcements thereof, the prevailing party shall be entitled to
all reasonable costs and attorney’s fees incurred in bringing such action. Venue for any such legal
action shall lie exclusively in Snohomish County Superior Court.
7.2 City Default. The City shall not be in default unless the City fails to perform
obligations required of the City under this Agreement within a reasonable time, but in no event
later than thirty (30) days after written notice by Cascade to the City; provided, that if the nature
of the City’s obligation is such that more than thirty (30) days are required for performance, then
the City shall not be in default if the City commences performance within such thirty (30) day
period and thereafter diligently prosecutes the same to completion. The notice shall specify the
portion of this Agreement that the City has failed to perform and the action that Cascade seeks to
be taken by the City to prevent the default. Cascade agrees not to invoke any remedies until such
thirty (30) days have elapsed.
7.3 Expiration of Agreement. Upon expiration of this Agreement, the Property
including all improvements thereto shall be the property of the City and shall be subject to no
encumbrances or liens whatsoever. Upon expiration, Cascade shall quit and surrender the Property
without demand or further notice and leave the same in a neat and clean condition, and shall deliver
all keys belonging to the Property to the City.
7.4 Termination of Agreement. Termination of the Agreement shall operate to
discharge all obligations that are executory by either party on or after the effective date of
termination, but any right of a party based upon performance or breach of this Agreement prior to
the effective date of termination shall survive. Other than the other reasons for termination noted
elsewhere in this Agreement, the Agreement may be terminated:
7.4.1 If Cascade fails to comply with the terms and conditions of this Agreement
or its obligations hereunder, and the City deems the continuation of the Agreement may be
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substantially detrimental to the City’s interests, the City shall notify Cascade of the termination,
the reasons therefor, and the effective date.
7.4.2 By the mutual written agreement of Cascade and the City, the agreement to
terminate shall include the conditions of termination and the effective date.
7.4.3 In the event that, during the Agreement Term or Extension Term, if any, the
City determines that it is in the best interests of the citizens of the City of Edmonds to develop or
redevelop any of the Property in a way that would preclude Cascade’s use of the Property as
contemplated herein, the City shall provide Cascade with Three Hundred Sixty-Five (365) days’
notice of termination of this Agreement.
Upon termination, Cascade shall quit and surrender the Property without demand or futher notice
and leave the same in a neat and clean condition, and shall deliver all keys belonging to the
Property to the City.
7.5 Removal of Cascade’s Property. In the event of any entry in, or taking possession
of, the Property upon expiration or termination of this Agreement, the City shall hae the right, but
not the obligation, to remove from the Property 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.
SECTION 8. REPRESENTATIONS
8.1 Representations of the City.
8.1.1 The City is a municipal corporation duly organized, validly existing, and in
good standing under the laws of the State of Washington, with full power and authority to enter
into agreements for the use of the Property.
8.1.2 The City’s execution, delivery and performance of this Agreement have
been duly authorized consistent with its requirements under Washington law.
8.1.3 The City owns the Property and has full power and authority to execute,
deliver, and perform all of the terms and conditions of this Agreement. This Agreement constitutes
the City’s legal, valid and binding obligations, enforceable against the City in accordance with its
terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, or similar laws
affecting creditor’s rights and equitable principles.
8.1.4 There is no claim, action, proceeding or investigation pending or, to the
actual knowledge of the City, threatened in writing, nor is there any legal determination or
injunction that calls into question the City’s authority or right to enter into this Agreement or
perform the obligations specified in this Agreement.
8.2 Representations of Cascade.
8.2.1 Cascade is a non-profit organization duly organized, validly existing, and
in good standing under the laws of the State of Washington. Cascade has full power and authority
to enter into and perform its obligations pursuant to this Agreement.
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8.2.2 This Agreement constitutes Cascade’s legal, valid and binding obligations,
enforceable against Cascade in accordance with its terms, subject to the effects of bankruptcy,
insolvency, fraudulent conveyance, or similar laws affecting creditor’s rights and equitable
principles.
8.2.3 Cascade’s execution, delivery and performance of this Agreement have
been duly authorized consistent with its requirements under Washington law.
8.2.4 There is no claim, action, proceeding or investigation pending or, to the
actual knowledge of Cascade, threatened in writing, nor is there any outstanding judicial
determination or injunction that calls into question Cascade’s authority or right to enter into this
Agreement.
SECTION 9. GENERAL PROVISIONS
9.1 Governing Law/Compliance with Laws. This Agreement shall be governed and
construed according to the laws of the State of Washington, without regard to its choice of law
provisions. Venue shall be in Snohomish County. The parties hereto shall comply with all
applicable laws and regulations in carrying out their obligations under this Agreement, including
but not limited to Ch. 70.90 RCW, Ch. 246-260 WAC, and Health Department regulations.
9.2 No Benefit to Third Parties. The City and Cascade are the only parties to this
Agreement and as such are the only parties entitled to enforce its terms. Nothing in this Agreement
gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third
parties. Nothing in this Agreement shall be construed as intending to create a special relationship
with any third party; neither the City not Cascade intend to create benefits in favor of any third
parties as a result of this Agreement.
9.3 Notices. All notices required or desired to be given under this Agreement shall be
in writing and may be delivered by hand delivery, by placement in the U.S. mail, postage prepaid,
as certified mail, return receipt requested, or an unofficial notice may be sent via e-mail followed
up by either of the official notice methods mentioned above in this Section 9.3- addressed to
Cascade at:
Cascade Swim Club
20127 183rd PL. NE
Woodinville, WA 98077
Attn: Executive Director
And to the City at:
City of Edmonds
121 5th Avenue North
Edmonds, Washington 98020
Attn: City Clerk
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Angie Feser
Director Edmonds Parks & Recreation
Frances Anderson Center
700 Main Street,
Edmonds, Washington 98020
425-771-0256
Angie.Feser@edmondswa.gov
Any notice delivered by hand delivery shall be conclusively deemed received by the addressee
upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively
deemed received by the addressee on the third Business Day after deposit; and any notice delivered
by e-mail must be followed by a notice issued in one of the methods mentioned above and deemed
received as stated. The addresses to which notices are to be delivered may be changed by giving
notice of such change in accordance with this notice provision.
9.4 Time of the Essence. Time is of the essence in the performance of and adherence
to each and every obligation, responsibility, covenant and condition of this Agreement.
9.5 No Waiver. Waiver by the City or Cascade of strict performance of any provision
of this Agreement shall not be deemed a waiver of or prejudice the City’s or Cascade’s right to
require strict performance of the same provision in the future or of any other provision.
9.6 Survival. Any covenant or condition (including, but not limited to, indemnification
agreements), set forth in this Agreement, the full performance of which is not specifically required
prior to the expiration or earlier termination of this Agreement, and any covenant or condition
which by their terms are to survive, shall survive the expiration or earlier termination of this
Agreement and shall remain fully enforceable thereafter.
9.7 Partial Invalidity. If any provision of this Agreement is held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such provision to persons
or circumstances other than those to which it is held invalid or unenforceable, shall not be affected
thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
9.8 Calculation of Time. All periods of time referred to in this Agreement shall
include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a
Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day
which is not a Saturday, Sunday or legal holiday. “Legal Holiday” shall mean any holiday
observed by the Federal Government. As used in this Agreement, “Business Days” shall exclude
Saturdays, Sundays, legal holidays.
9.9 Headings. The article and section headings contained herein are for convenience
in reference and are not intended to define or limit the scope of any provisions of this Agreement.
9.10 Exhibits Incorporated by Reference. All Exhibits attached to this Agreement are incorporated by reference herein for all purposes.
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9.11 Modification. This Agreement may not be modified except by a writing signed by
the parties hereto.
9.12 Right of Parties and Successors in Interest. The rights, liabilities and remedies
provided for herein shall extend to the heirs, legal representatives, successors and, so far as the
terms of this Agreement permit, successors and assigns of the parties hereto. The word “City,”
wherever used in this Agreement, shall apply equally to all persons, firms, or corporations which
may be or become such parties hereto.
9.13 Execution of Multiple Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall be an original, but all of which shall constitute one
instrument.
9.14 Defined Terms. Capitalized terms shall have the meanings given them in the text
of this Agreement.
9.15 Non-Binding Mediation. Should any dispute arise between the parties to this
Agreement, other than a dispute regarding the failure to pay Rent or other payments (including
taxes) as required by this Agreement, it is agreed that any such dispute will be submitted to a
mediator prior to litigation. The parties agree to exercise good faith efforts to agree on a mediator
and to resolve disputes covered by this Section 9.16 through the mediation process. The parties
agree that the mediation will be conducted through Judicial Dispute Resolution (JDR) in Seattle.
If the parties cannot agree on a mediator, one shall be appointed by JDR. The mediation fee shall
be shared equally by the City and Cascade. Either party may commence the mediation process by
contacting JDR and notifying the other party by mail. The mediation shall become binding upon
the parties only upon the execution of a settlement agreement based on the mediator’s
recommendation. If a party refuses to participate in the mediation process, either by not paying
the mediation fees or not appearing for mediation, the Superior Court may issue an appropriate
enforcement order or sanction relating to this mediation provision in its discretion.
9.16 Recording. A Memorandum of this Agreement may be recorded after execution
by the parties.
9.17 Entire Agreement. This Agreement represents the entire agreement between the
City and Cascade relating to Cascade’s operation of the Property and supercedes in its entirety the
parties’ current Agreement for Recreation User Concession at Yost Park for 2025-2029, executed
on April 15, 2025. It is understood and agreed by both parties that neither party nor an official or
employee of a party has made any representations or promises with respect to this Agreement or
the making or entry into this Agreement, except as expressly set forth in this Agreement. No claim
for liability or cause for termination shall be asserted by either party against the other for, and
neither party shall be liable by reason of, any claimed breach of any representations or promises
not expressly set forth in this Agreement; all oral agreements with the parties are expressly waived
by both parties. This Agreement has been negotiated between the parties. Therefore, no alleged
ambiguity or other drafting issues of the terms of this Agreement shall be construed, by nature of
the drafting, against either party.
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IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the
day, month and year first written above.
City: Operator:
City OF EDMONDS CASCADE SWIM CLUB
Mike Rosen, Mayor
Max Effgen, President
APPROVED BY CITY COUNCIL ON:
ATTEST/AUTHENTICATED:
__________________________________
Luke Lonie, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
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EXHIBIT A
Property Description
9537 BOWDOIN WAY , EDMONDS, WA 98020-3326
(SEC 24 TWP 27 RGE 03RT-41) SE1/4 SE1/4 LESS RDS LESS S 110FTOF W 330FT LY
NELY City RD
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EXHIBIT B
Property Depiction
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EXHIBIT C
Yost Pool Operation Management Requirements
1. Notify the City as soon as possible if any major injuries or contamination occur. Notify
the City of any Snohomish County Department of Health visits or notices of violation.
2. Determine whether conditions are safe for use of Yost Pool due to weather conditions
such as smoke, fog, ice and/or lightning. In the event Cascade determines the pool should
close, Cascade will make a best faith effort to inform City and pool patrons of the closure.
3. Provide daily on-site management of the pool and pool staff to include but not limited to
duties outlined in Exhibit D.
4. Provide City of Edmonds residents a discounted rate.
5. Maintain a webpage with pool schedules, lesson, team and pricing information.
6. Provide registration procedure to ensure maximum use of the pool.
7. Provide first aid supplies and personal protective equipment for staff.
8. Provide and maintain all water safety signage throughout facility and pool area as related
to participant activities and facility usage.
9. Hire, train, supervise, schedule, and process payroll for all pool staff, including office
staff, lifeguards, swim instructors and swim team coaches. Provide uniforms for all staff
members. Provide maintenance employees with appropriate training to maintain
compliance with safe chemical handling procedures. Provide maintenance employees
with appropriate PPE, including safety goggles, gloves, N95 masks, face shields,
chemical aprons, and respirators.
10. Undertake all cash handling and cash receipting at Yost Pool, including registration and
revenue collection for all programming of the Yost Pool. This includes swim lessons,
swim team, daily fees, and rentals.
11. Maintain staff lifeguards at a ratio consistent with established aquatics standards and/or
best practices.
12. Maintain water chemistry and water temperature to ensure safe swimming environment
and accurate and complete chemical testing records for Yost Pool and Hot Tub.
13. Perform regular pool maintenance, including but not limited to vacuuming the pool, as
well as removing debris and scrubbing algae.
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14. Ensure daily cleaning is maintained and, if needed, hire and supervise a janitorial
service for the daily cleaning of the pool and pool site, including but not limited to
restrooms (including toilets and urinals), entrance, locker rooms, office, pool deck,
upper deck, party rooms, trash, storage rooms, chemical rooms and other related areas.
Janitorial staff must supply their own cleaning supplies, equipment and locks for
storage. Janitorial staff is not authorized to use pressure washers or other gas-powered
items (Fire Code) indoors and must use a bleach product in the locker rooms to limit
the growth of mildew.
15. Maintain locker room operations in accordance with appropriate health and safety
guidelines and as mutually agreed by the parties.
16. Pay for all program supplies, including but not limited to the provision and replacement
of swim lesson equipment, lifeguard equipment, lane lines, pool cover, line winders,
cleaning and toiletry supplies not provided by the janitorial service, and first aid supplies
and equipment.
17. Use its best efforts to provide excellent customer service, respond to complaints in a
timely manner, and notify City of all complaints in a timely manner.
18. Ensure upper deck and lower stair lights remain on 24 hours a day, seven days a week.
Any adjustment to electrical breakers will be done by City personnel.
19. Maintain a security camera system for the duration of this Agreement. The camera system
will be used to monitor the safety of Yost Pool patrons and staff, as well as the security
of the Yost Pool facility and in accordance with all applicable laws, rules, and
regulations. The security camera system must have motion detection and store
approximately two (2) weeks’ worth of video. Both Parties expressly agree that there is
no expectation that the cameras will be monitored in real time.
20. Cascade understands that images taken by the security camera system may be subject to
disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW.
21. Cascade’s obligations to operate the pool, including its cleaning, staffing and other
obligations, will automatically be suspended for the duration of any government ordered
partial or full pool closure. In the event of a partial closure or other operational limitation,
Cascade and the City will agree on terms for such operations.
22. The pool deck and pool may be safely operated after dusk only if Cascade utilizes their
temporary lighting system, which is in compliance with WAC 246-260-031(23) (see also
Table 031.7 therein) and has been approved by the City Electrician.
23. Cascade may, for the purposes of generating revenue to offset operating fees, sell pool
advertising banner space.
24. Undertake maintenance and repairs for plumbing and electrical systems.
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25. Undertake maintenance and repairs for pool and hot tub systems, including but not
limited to filter mechanicals and plumbing, water heaters and boiler, chemical systems
and all associated pumps. Coordinate with the City to schedule quarterly sewer grinder
pump maintenance or major routine maintenance to be performed by City staff, annual
backflow recertifications from the City.
26. Undertake maintenance, cleaning, and repairs of surfaces, including floors, walls, pool
liner and all other building surfaces and pool deck, locker rooms, lobby, restrooms, office
areas, and all utility closets and storage areas. Undertake all landscape maintenance
inside the fence, to include grass mowing.
27. Undertake maintenance, cleaning, repairs, and garbage removal from the interior of the
pool building and the exterior of the building inside the fence, including but not limited
to cleaning, garbage removal, graffiti removal, and route pool deck maintenance.
28. Undertake maintenance, cleaning, and repairs of all drains and drainage in locker rooms,
restrooms, lobby areas, and other facility drainage maintenance.
29. Undertake maintenance, cleaning, and repair of all office equipment and furniture not
owned or provided by Cascade, including but not limited to chairs, tables, storage
shelves, bulletin boards, and the like.
30. Undertake maintenance, cleaning and repairs of all pool equipment for conducting
programs, including but not limited to hydraulic chairs, pool access ways, and the like.
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EXHIBIT D
Yost Pool Operations Daily Checklist (EXAMPLE)
Cascade Swim club to develop their own checklist and provide to City for approval.
OPENING DUTIES
Unlock yellow vehicle gate (staff to park in lower lot)
Unlock padlock @ deck gate (must remain unlocked during business hours)
Unlock building; locker rooms, north deck gate, guard room
Turn on internal building lights
Remove covers from water bodies
Remove robot vacuum from pool
Check safety poles, backboards, buoys are in place & operational
Check emergency equipment is stocked & operational
Conduct initial chemistry readings are record them on the log
Check locker rooms & public areas for cleanliness, maintenance & safety
PERIODIC DUTIES THROUGHOUT DAY
Take pool and spa/hot tub chemical readings and record on log as required.
Check locker rooms & public areas for cleanliness, maintenance & safety
Check toilets, sinks, showers & drains and clean if needed
Check toilet paper, paper towels, soap dispensers and resupply if needed
Empty suit spinner buckets in Locker Rooms if needed
Squeegee excess water in Locker Rooms as necessary
Ensure deck storage is tidy and safe to move in
Put toys, deck signs & fitness items away as necessary
Ensure safety gear is in good condition
Pick up litter on pool deck
Remove garbage if needed
Use battery blower as necessary to remove debris
Remove any Damaged Chairs, Tables, Pool Equipment, Etc.
Move items away from grassy areas when requested by the City
Use large pool vacuum when requested by the City
CLOSING DUTIES
Lock building exterior doors
Secure deck umbrellas
Take final chemistry readings and record in log
Insert robot vacuum into pool
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Place covers on water bodies
Check locker rooms & public areas for cleanliness, maintenance & safety
Turn off internal building lights
Lock locker rooms and guard room
Lock padlock @ deck gate
Lock yellow vehicle gate
JANITORIAL DUTIES should include but not limited to:
Locker Room TILED areas need to be bleached three times per week
Clean & wipe down deck water fountain
Clean mirrors, partisans & counters
Clean, sweep, upper office, stairs, family change & upper decks
Clean, sweep, mop Guard Room
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EXHIBIT E
Cascade Yost Pool Safety Action Plan
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YOST POOL
SAFETY ACTION PLAN
PREPARED BY CASCADE SWIM CLUB
EMERGENCY MANAGEMENT TEAM
City of Edmonds
Jesse Curran
Park Maintenance Manager
(425-343-2248)
Shannon Burley
Deputy Director
(425) 248-5142
Tony Bond
Aquatic Facility Operator
(425) 409-4708
Cascade Swim Club
Pete Colella
Lead Site Coach
(425) 318-0108
Garrett McCaffrey
Executive Director/Head Coach
253-279-9858
Drew Whorley
Vice President/Safe Sport/CPO
(425) 327-5340
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Assessment
Is it life threatening? If so, clear the building.
Call 911 If appropriate direct patrons to safety. Call Yost Park Maintenance Manager
and City of Edmonds primary contact
to notify them for further assistance.
Notify Cascade Site Lead
and, if unable to reach, call Executive Director
and continue calling contacts on the emergency list
until management leadership has been notified.
Fill out and turn in appropriate reports.
Staff Briefing.
FACILITY EMERGENCY
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Assess and monitor changing weather conditions,
tracking potential weather disturbances on radar app.
Coach/Lifeguard is alerted.
3 Whistles – Clear the pool.
Direct patrons to safety and away from the water.
Notify Head Lifeguard on duty and front desk personnel.
Maintain crowd control keeping pool clear until weather conditions
improve (in the case of thunder/lightning clear pool and deck areas for
minimum of 30 minutes from the last sound of thunder and/or sight of
lightning).
Close pool for the day if weather outlook remains severe and
unpredictable as determined to be in the best interest of safety.
Staff Briefing
OTHER NATURAL CONSIDERATIONS:
Wildfire/Smoke/Air Quality:
AQI 101-150 – Notify user groups/patrons of air quality conditions
AQI 151-200 – Close pool for the day.
Ice/Snow:
Monitor severity and access, open and close as deemed appropriate with
enough time to accommodate safe travel.
WEATHER EMERGENCY
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Alarm sounds and Coach/Lifeguard is alerted.
Assess the scene.
3 Whistles – Clear the pool/building.
Direct patrons away from hazard areas to safety.
Confirmation of alarm.
Alarm CONFIRMED: Evacuate property.
Contact appropriate Emergency Responders.
FALSE Alarm: Resume activities.
Call Yost Park Maintenance Manager
and City of Edmonds primary contact
to notify them and for further assistance.
Notify Cascade Site Lead
and, if unable to reach, call Executive Director
and continue calling contacts on the emergency list
until management leadership has been notified.
Fill out and turn in appropriate reports.
Staff Briefing.
FIRE & CHEMICAL
EMERGENCY
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Assess the scene.
SAFE?
Deal with problem/concern
Listen to patron
Offer a solution
UNSAFE?
Call 911
Call City of Edmonds primary contact
to notify them for further assistance.
Notify Cascade Site Lead
and, if unable to reach, call Executive Director
and continue calling contacts on the emergency list
until management leadership has been notified.
Fill out and turn in appropriate reports.
Staff Briefing.
EMERGENCY INCIDENT
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3 Whistles – Clear the pool.
Assess the scene.
Secure additional assistance.
Lifeguard enters water.
Staff/bystander – Call 911.
DISTRESSED SWIMMER?
Assist to safety and provide First Aid.
DROWNING SWIMMER?
Appropriate rescue & tow.
Provide CPR & First Aid until EMS arrives.
Staff/bystander meet ambulance, provide assistance as directed.
EMS – Victim to hospital.
Call Yost Park Maintenance Supervisor
and City of Edmonds primary contact.
Notify Cascade Site Lead
and, if unable to reach, call Executive Director
and continue calling contacts on the emergency list.
Fill out and turn in appropriate reports.
Staff Briefing and follow-up counseling.
DROWNING INCIDENT
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30
3 Whistles – Clear the pool.
Assess the scene.
Secure additional assistance.
Direct to call 911 & to retrieve backboard for primary rescuer.
Enter the water.
Provide in-line stabilization.
Secure victim on backboard.
Remove from the water.
Check ABCs and monitor until EMS arrives.
Call City of Edmonds primary contact.
Notify Cascade Site Lead
and, if unable to reach, call Executive Director
and continue calling contacts on the emergency list.
Fill out and turn in appropriate reports.
Staff Briefing and follow-up counseling.
SPINAL MANAGEMENT
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31
Read the following:
“An Aquatic Emergency exists at
Yost Pool, located in Yost Park at
9535 Bowdoin Way, Edmonds
Please come at once to the
NORTH GATE EMERGENCY ENTRANCE
into the pool area.
There has apparently been
a ___________ injury.”
DO NOT HANG UP
Remain on the phone with the dispatcher
until emergency personnel arrive on the scene.
Complete the necessary paperwork and notify appropriate Yost
Emergency Management Team members after the emergency.
911 CALL EXAMPLE
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City Council Agenda Item 2.2
September 15, 2026 - Parks and Public Works (PPW) Committee
TITLE:Approval to Terminate Construction Contract for the Olympic
View Drive Pavement Preservation Project (First Reading)
DEPARTMENT:Engineering
PRESENTER:Mike De Lilla/Ryan Hague
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Forward item to consent agenda for approval.
BUDGET:
Total Dollar Amount:$1,863,100 ☒ Approved in Budget
Fund(s):112 & 126 ☐ Budget Reallocation Required
☐ No Budget Impact
PROBLEM/ISSUE STATEMENT:
Council awarded the Olympic View Drive (OVD) Pavement Preservation project to Northwest
Asphalt, Inc. (NWA) on May 26, 2026. NWA submitted the second-lowest bid. The apparent low
bidder was disqualified due to a lack of compliance with the bid requirements, specifically
required content was not included.
We were subsequently notified by WSDOT that an error had been made during the bid award
process. Our disqualification conformed with State law. However, because this project includes
Federal funding, the contract language is also required to comply with the WSDOT Local Agency
Guidelines (LAG) Manual and the disqualifying criteria is not allowed per the manual.
CONTEXT, ANALYSIS, & ALTERNATIVES:
The solution as presented by WSDOT is to:
Terminate the existing contract with NWA. This will require Council action.
Remove the non-compliant language from the bid documents.
Advertise the project for bids again.
Award a new contract. Also requiring Council action.
Because the City has not yet requested reimbursement of Federal funds for the project, this will
preserve the approximately $1.4 million FHWA grant.
In the meantime, staff are revising the bid documents to comply with Federal requirements, re-
striping OVD with permanent white and yellow pavement markings, sealing the holes left by the
temporary speed tables to prevent water from infiltrating the roadway base, and
communicating with the community about the circumstances that led to the delay.
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Assuming the project is rebid this fall, construction is expected to be postponed until spring,
when weather conditions are more suitable for paving.
RECOMMENDATION:
Forward item to consent agenda for approval.
BUDGET IMPACTS:
Per WSDOT specification section 1-04.5 and 1-08.10(2), this action is classified as a Termination
for Public Convenience. This allows the contractor to seek payment from the City for work and
costs incurred prior to contract termination. The contract was in the administrative
procurement phase, when staff notified the contractor to stop work, which should limit their
payment request amount. At this time, since the termination process is in progress, the City
has no definitive amount that has been provided by the contractor. The City will negotiate with
the Contractor the cost incurred once we receive the request.
Since the City managed to get a supplemental $700,000 grant for the project early this year, the
project did not need half of the original Fund 126 budget that had been reserved for the
project. These remaining Fund 126 dollars will be tapped to address the contractor’s payment
request for work prior to termination.
A breakdown of the original overall project budget and construction budget is included in
Attachment 1.
ITEM HISTORY:
5/26/2026 – Council approved construction contract award to Northwest Asphalt for the
Olympic View Pavement Preservation Project.
ADDITIONAL INFORMATION:
ATTACHMENTS:
Attachment 1 – OVD Overlay Project Budget
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SCHEDULE A SCHEDULE B
TOTAL
1,139,767$ 6,000$ 1,145,767$
34,190$ 180$ 34,370$
170,970$ 900$ 171,870$
113,980$ 600$ 114,580$
1,458,907$ 7,680$ 1,466,587$
SCHEDULE A SCHEDULE B TOTAL
1,232,380$ -$ 1,232,380$
226,527$ 7,680$ 234,207$
1,458,907$ 7,680$ 1,466,587$
Available Costs Remaining
1,384,500$ 1,232,380$ 152,120$
478,600$ 234,207$ 244,393$
1,863,100$ 1,466,587$ 396,513$
Construction Management,
Inspection, & Testing (3%)
Management Reserve (10%)
TOTALS
CONSTRUCTION COSTS ALLOCATED BY FUND
Contract Award
ATTACHMENT 1
OVD Overlay Project
CONSTRUCTION COSTS
Fund 112 - Street (Grant)
Fund 126 - REET 2
TOTALS
TOTALS
Staff Time (15%)
FUNDING
Fund 112 - Street (Grant)
Fund 126 - REET 2
CONSTRUCTION BUDGET
FUNDING
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City Council Agenda Item 2.3
September 15, 2026 - Public Safety, Planning, Human Services, and Personnel (PSPHSP) Committee
TITLE:Council Discussion on Transportation Impact Fees and Revisions
to Section 3.36 of Edmonds City Code (Third Reading)
DEPARTMENT:City Council Office
PRESENTER:Michelle Dotsch
NEEDED FROM COUNCIL:Input
RECOMMENDATION:Discussion to answer additional Council questions.
BUDGET:
Total Dollar Amount:0 ☐ Approved in Budget
Fund(s):N/A ☐ Budget Reallocation Required
☒ No Budget Impact
PROBLEM/ISSUE STATEMENT:
Council has been presented the proposed “Transportation Impact Fee Revisions” but has asked
for further discussion.
From Agenda Memo on January 6, 2026:
The Transportation Plan identified 19 roadway and intersection improvement projects and 69
active transportation projects – consisting of bike lanes, multi-use paths, sidewalk projects. The
city’s travel demand model was used to calculate the eligible transportation impact fee (TIF) for
roadway projects by using the total cost of those projects multiplied by the percent of PM peak
hour traffic growth. For active transportation projects, TIF was calculated using the “Proximity
to Activity Center and Other Key Locations” criteria developed during the prioritization process
in the 2024 Transportation Plan Update. The trip rate was determined to be $9,261.55 per trip.
The memo provides additional information on the TIF calculation methodology. The TIF rate for
each land use category is then based on the following (based on 12th Edition of ITE Trip
Generation Manual):
Average PM Peak Hour Trip Rate
Pass-by Rate
Trip Length Factor
Cost per trip: $9,261.55 New land use categories have been added and others have
been removed from the Impact Fee table. The transportation impact fee for ADU’s is set
at 50% of the single family detached units fee. Any retail developments with less than
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1,000 sf in the Downtown Business District is to be identified as a Variety Store
(previously identified as Specialty Retail / land use category removed from new ITE Trip
Generation Manual). If more than 1,000 sf, the appropriate land use category is to be
used.
CONTEXT, ANALYSIS, & ALTERNATIVES:
Council has requested further discussion.
RECOMMENDATION:
Discussion to answer additional Council questions.
BUDGET IMPACTS:
N/A
ITEM HISTORY:
On December 3rd, 2024, the Council approved the 2024 Transportation Plan Update. The
Transportation Plan is a critical component of the Comprehensive Plan, focusing on creating a
multimodal transportation system that promotes the safe and efficient movement of people
and goods. The plan aims to meet both current and future transportation needs by outlining
both short and long term strategies that integrate various transportation modes based on
projected growth. Impact fees are charges assessed by local governments for new
developments to help pay for new or expanded public capital facilities. Section 3.36 of the
Edmonds City Code defines the current methods and quantities of impact fees to be collected
for new developments within Edmonds. Those transportation impact fees (TIF) are based on
roadway and intersection improvements projects. As part of the 2024 Transportation Plan
Update, a new list of transportation capital projects was developed to meet the City’s adopted
multi-modal Level of Service (MMLOS) standards with the inclusion of roadway, intersection,
and active transportation projects.
Janauary 6th , the Engineering Department along with the Consultants fraom Transpogroup
presented their proposed revised fees and methodology.
Council has requested that the Engineering Department and the Consultant from Transpogroup
come back for further discussion.
ADDITIONAL INFORMATION:
ATTACHMENTS:
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Traffic Impact Fees December 2025
Edmonds TIF Updated Methodology November 21 2025
Revised Ordinance November 2025
Council Presentation from January 6, 2026
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING REVISING THE IMPACT FEE
PROVISIONS TO THE NEW SECTION 3.36 OF THE ECCCC
FOLLOWING THE 2024 TRANSPORTATION PLAN UPDATE;;
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City of Edmonds updated the Transportation Plan in 20244, with
a ; and a transportation impact fee was introduced (modified from traffic impact fee as part of
previous Transportation Pplans);
WHEREAS, a new list of transportation capital projects have been identified in
this plan in order was developed to meet
the City’s new updated Mmultimodal Lelevel off Sservice (MMLOS) standard;
WHEREAS, the Traffic Impact Fees identified in Sethis Section 18.82 of the
Edmonds City Code (“Traffic Impact Fee” Section) has been moved to a new Section 3.36 of the
Edmonds City Code (Section 3.36)ECC haves used to addressed Traffic Impact Fee and now has
been modified to the Transportation Impact Fee (as part of the Transportation Plan Update);
WHEREAS, the City of Edmonds updated the Transportation Plan in 202415 and a
transportation revised traffic impact fee was introduced (modified from traffic impact fee as part of
previous plans)is being proposed with a phased increase over the next three years;
WHEREAS, a new list of transportation capital projects1 was developed to meet
the City’s updated multimodal level of service standard. WHEREAS, the collected
Transportation Impact Fee collected fromor future developments
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will
be used to fund future transportation improvements (consisting of roadway projects with
vehicular benefits as well as active transportation projects needed as some level of traffic and
active
transportation system gaps exist (projects identified in updated Transportation
Plan / (benefiting bicycle and pedestrian users)); and
WHEREAS, new Land Use Categories have been added to the Transportation
Impact Fee Rate table due to theas part of the recently published ITE Trip Generation Manual (121th
Edition) the land use category for any property in the Downtown Business (BD) zone used for the
purpose of calculating the traffic impact fee will be Specialty Retail (ITE Land Use Code of 814);
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. New Section 3.36 of the Edmonds City Code, entitled “IMPACT FEES,” will
read as follows (text added to previous Section ECC 3.3618.82 is shown as underlined; deleted text
is shown as strikethrough):
Chapter 3.36
IMPACT FEES
Sections:
3.36.010 Findings and authority.
3.36.020 Definitions.
3.36.030 Assessment and payment of impact fees.
3.36.040 Exemptions.
3.36.050 Credits.
3.36.060 Tax adjustments.
3.36.070 Appeals.
3.36.080 Establishment of impact fee accounts.
3.36.090 Refunds.
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3.36.100 Use of funds.
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3.36.110 Review.
3.36.120 Park impact fee rates.
3.36.125 Transportation Street impact fee rates.
3.36.130 Independent fee calculations.
3.36.140 Existing authority unimpaired.
3.36.150 Procedures guide.
3.36.160 Deferral system for single-family residences.
3.36.010 Findings and authority.
The city council of the city of Edmonds (the “council”) hereby finds and determines that new growth and
development in the city of Edmonds will create additional demand and need for public facilities in the city of
Edmonds, and the council finds that new growth and development should pay a proportionate share of the cost of new
facilities needed to serve the new growth and development.
The city of Edmonds has conducted extensive studies documenting the procedures for measuring the impact of new
developments on public facilities, has prepared the rate study and procedures guide for park impact fees, has prepared
the rate study and procedures guide for transportation impact fees, and hereby incorporates these studies into this title
by reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts the ordinance codified in this chapter to
assess impact fees for parks and streets. The provisions of this chapter shall be liberally construed in order to carry
out the purposes of the council in establishing the impact fee program. These fees can and will only be applied to
projects resulting from city-wide development growth. These fees cannot be used to mitigate existing shortfalls of the
park system or street system. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.020 Definitions.
The following words and terms shall have the following meanings for the purposes of this chapter unless the context
clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 and
ECDC Title 21 or given their usual and customary meaning.
A. “Accessory dwelling unit” is defined in ECDC 21.05.015.
B. “Building permit” means an official document or certification which is issued by the building official and which
authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure.
C. “Capital facilities plan” means the capital facilities plan element of a comprehensive plan adopted by the city of
Edmonds pursuant to Chapter 36.70A RCW, and such plan as amended. There are many references in state statutes to
the “capital facilities plan” (CFP) as the basis for projects that are eligible for funding by impact fees. The parks
element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to
a “capital facilities plan,” and is considered to be the “capital facilities plan” (CFP) for the purpose of Edmonds’
impact fees for parks. The transportation element of the city of Edmonds comprehensive plan fulfills the requirements
of RCW 82.02.050 et seq., pertaining to a “capital facilities plan,” and is considered to be the “capital facilities plan”
(CFP) for the purpose of Edmonds’ impact fees for streets. Depending on the context, references to a CFP in the
impact fee chapter, rate study, and procedures guide are interpreted as referring to either the parks element of the city
of Edmonds comprehensive plan or the transportation element of the city of Edmonds comprehensive plan, including
the projects eligible for impact fees listed in Appendix C of the procedures guide for the transportation impact fees.
D. “City” means the city of Edmonds.
E. “Council” means the city council of the city of Edmonds.
F. “Department” means the development services department.
G. “Development activity” means any construction, expansion, or change in the use of a building or structure that
creates additional demand and need for public facilities.
H. “Development approval” means any written authorization from the city of Edmonds which authorizes the
commencement of a development activity.
I. “Director” means the director designated by the mayor to administer the impact fee program or that director’s
designee.
J. “Dwelling unit” is defined in ECDC 21.20.050.
K. “Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments,
contractual obligations, or other liabilities incurred for public facilities.
L. “Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or
department or bureau of any governmental entity or municipal corporation commencing a land development activity
which creates the demand for additional capital facilities, and which requires the issuance of a building permit.
“Feepayer” includes an applicant for an impact fee credit.
M. Reserved.
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N. “Hearing examiner” is defined in ECDC 21.40.010.
O. “Impact fee” means a payment of money imposed by the city of Edmonds on development activity pursuant to this
chapter as a condition of granting development approval in order to pay for the public facilities needed to serve new
growth and development. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative
fee for collecting and handling school impact fees, the cost of reviewing independent fee calculations or any other
charge or fee based upon the administrative costs of processing a development application.
P. “Impact fee account” or “account” means the account(s) established for each type of public facility for which
impact fees are collected. The accounts shall be established pursuant to ECC 3.36.080 and 3.36.090 and comply with
the requirements of RCW 82.02.070.
Q. “Independent fee calculation” means the impact fee calculation and/or economic documentation prepared by a
feepayer to support the assessment of an impact fee other than by the use of the rates listed in ECC 3.36.120 and
3.36.125, or the calculations prepared by the director where none of the fee categories or fee amounts in ECC
3.36.120 and 3.36.125 accurately describe or capture the impacts of the new development on public facilities.
R. “Interest” means the average interest rate earned in the last fiscal year by the city of Edmonds.
S. ”Low-income Housing” means housing affordable to, and occupied by, a household whose income does not
exceed eighty (80) percent of area median income as reported by the United States Department of Housing and Urban
Development for the Seattle-Bellevue metropolitan area. To be considered affordable, for the purpose of this
definition, the combined monthly cost of the housing, including rent, utilities, and other charges for the applicable
unit, may not exceed thirty-percent of the household’s monthly income, adjusted for family size.
T. “Occupancy permit” means the permit issued by the city of Edmonds authorizing the building to be occupied
where a development activity results in a change in use of the preexisting structure, or the creation of a new use
where none previously existed.
U. “Owner” means the owner of record of real property, or a person with an unrestricted written option to purchase
property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser
shall be considered the owner of the real property.
V. “Procedures guide” means the administrative guidance document prepared by the director pursuant to ECC
3.36.150.
W. “Project improvements” means site improvements and facilities that are planned and designed to provide service
for a particular development or users of the project and are not system improvements. No improvement or facility
included in a capital facilities plan adopted by the council shall be considered a project improvement.
X. “Public facilities” means the public parks, open space and recreation facilities owned by the city of Edmonds or
other governmental entities in the context of the park impact fee and means the public streets and roads owned by the
city of Edmonds or other governmental entities in the context of the street impact fee.
Y. “Rate study” means the “Rate Study for Impact Fees for Parks, Open Space and Recreation Facilities,” city of
Edmonds, dated July 12, 2013, in the context of the park impact fee and means the “Rate Study for Impact Fees for
Roads,” city of Edmonds, dated October 29, 2009, in the context of the street impact fee.
Z. “Residential” or “residential development” means all types of construction intended for human habitation. This
shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. This also
includes the residential portion of mixed-use developments.
AA. Reserved.
BB. “Service area” means the entire corporate limits of the city of Edmonds.
CC. “Significant past tax payment” means taxes exceeding five percent of the amount of the impact fee, and which
were paid prior to the date the impact fee is assessed and were earmarked or pro-traratable to the same system
improvements for which the impact fee is assessed.
DD. Reserved.
EE. “State” means the state of Washington.
FF. Reserved.
GG. “System improvements” means public facilities that are included in the city of Edmonds capital facilities plan
and are designed to provide service to service areas within the community at large, in contrast to project
improvements. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.030 Assessment and payment of impact fees.
A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125, from any applicant
seeking development approval from the city for any development activity within the city as provided herein,
including the expansion of existing structures or uses or change of existing uses that creates additional demand for
public facilities.
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1. For the purposes of this chapter, development activity shall not include miscellaneous improvements that do
not add any demand for public facilities, including, but not limited to, fences, walls, swimming pools accessory
to a residential use, and signs.
2. For the purposes of this chapter, development activity shall not include replacement of a residential structure
with a new residential structure of the same type at the same site or lot when such replacement occurs within 12
months of the demolition or destruction of the prior residential structure. Replacement of a residential structure
with a new residential structure of the same type shall be interpreted to include any residential structure for
which there is no increase in the number of residential units.
3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement,
remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are
created and the use is not changed. Note: accessory dwelling units (ADU) are not considered to create additional
dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-
family residential neighborhood.
B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee rates in effect at the time
of issuance of the building permit, including but not limited to change of use permit or remodel permit.
1. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement
or new accessory building, the impact fee shall be the applicable impact fee for the new use, less an amount
equal to the applicable impact fee for the prior use.
2. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based
on the applicable measurement in the impact fee rates set forth in ECC 3.36.120 and 3.36.125.
3. Where the impact fees imposed are determined by the square footage of the development, the building official
will establish the gross floor area created by the proposed development.
4. Applicants that have been awarded credits prior to the submittal of the complete building permit application
pursuant to ECC 3.36.050 shall submit, along with the complete building permit application, a copy of the letter
or certificate prepared by the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit
awarded.
5. Applicants shall pay an administrative fee that covers the cost of staff time in administering the impact fee
program. The amount of the administrative fee shall be established and updated from time to time by resolution
of the city council.
C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time the building permit or
business license is issued by the city. The department shall not issue the required building permit or business license
or other approval unless and until the impact fees set forth in ECC 3.36.120 and 3.36.125 have been paid in the
amount that they exceed exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that
building permits may be issued without impact fee payment when payment is deferred in accordance with ECC
3.36.160. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.040 Exemptions.
A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this
chapter:
1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand
the usable space or add any residential units;
2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not
limited to, fences, walls, swimming pools, and signs;
3. Demolition or moving of a structure;
4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area;
5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a
building permit application for such replacement is submitted to the City within 12 months of the demolition or
destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be
interpreted to include any structure for which the gross square footage of the building will not be increased by
more than 100 square feet; or
6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit
where no additional dwelling units are created and the use is not changed (accessory dwelling units (ADU) are
not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as
increasing the overall density of a single-family residential neighborhood, and because the city’s traffic model
does not assign additional trips to the network as a result of ADUs).
B. Low-income housing units shall be exempt from paying eighty percent of the street transportation traffic impact
fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording
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a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a
minimum, the covenant must address price restrictions and household income limits for the low-income housing
development, and that if the property is converted to a use other than for low-income housing, the property owner
must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to
submit an annual report to the city along with supporting documentation that shows that the low-income units are
continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land
upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be
recorded upon the developer’s payment of the remaining twenty percent of the street impact fee.
C. Multi-family housing unit (with tax exemption under RCW 84.14.020(1)(a)(ii)(D)) and located within a station are
(as defined in RCW 36.07A-030) – essentially within ½ mile walkshed of a rail station or ¼ mile walkshed of a BRT
Station shall be exempt from paying 50% of the transportation impact fee.
D.C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this
chapter:
1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity.
Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute
and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling
unit will continue to be used for low-income housing or that impact fees from which the low-income housing is
exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for
general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall
pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory
rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time
of application for a building permit. Any claim not so made shall be deemed waived.
CD. The director shall be authorized to determine whether a particular development activity falls within an exemption
identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in
writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A), 2016; Ord.
3934 § 1 (Exh. A), 2013].
3.36.050 Credits.
A. Pursuant to the requirement of RCW 82.02.060(4), a feepayer shall be entitled to a credit for the value of any
dedication of land for, improvement to, or new construction of any system improvements provided by the feepayer, to
facilities that are identified in the capital facilities plan and that are required by the city as a condition of approving
the development activity.
B. The director shall determine if requests for credits meet the criteria in subsection (A) of this section.
C. For each request for a credit or credits, the director shall select an appraiser or the feepayer may select an
independent appraiser acceptable to the director.
D. The appraiser must be prequalified by the city and shall not have a fiduciary or personal interest in the property
being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser
shall certify that he/she does not have a fiduciary or personal interest in the property being appraised.
E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or
construction provided by the feepayer on a case-by-case basis.
F. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the
credit which the director may be providing to the feepayer, in the event that a credit is awarded.
G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the
dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and
the legal description or other adequate description of the project or development to which the credit may be applied.
The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the
terms of the letter or certificate,, and return such signed document to the director before the impact fee credit will be
awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the
credit.
H. No credit shall be given for project improvements required of the development by city code and/or SEPA; only
dedications in excess of those required by law are eligible for credit. In no event shall this provision be interpreted to
authorize cash payment. Nothing herein shall be interpreted to limit the discretion of the city council to decline to
accept any proposed dedication.
I. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax
payments. For each request for a credit or credits for significant past tax payments for impact fees, the feepayer shall
submit receipts and a calculation of past tax payments earmarked for or pro-ratable to the particular system
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improvement. The director shall determine the amount of credits, if any, for significant past tax payments for public
facilities.
J. Any claim for credit must be made no later than 20 calendar days after the submission of an application for a
building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.
K. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in
ECC 3.36.070.
L. A feepayer may, in the alternative, appeal an assessment or mitigation requirement which he believes exceeds the
total which may lawfully be imposed. See ECDC 18.50.020(C). [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh.
A), 2013].
3.36.060 Tax adjustments.
Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for
future taxes to be paid by the new development which are earmarked or pro-ratable to the same new public facilities
which will serve the new development. The impact fee rates in ECC 3.36.120 and 3.36.125 have been reasonably
adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. [Ord.
4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.070 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit.
B. Appeals regarding the amount of the impact fee imposed on any development activity may only be filed by the
feepayer of the property where such development activity will occur. This provision shall control over any other
provisions of city ordinance.
C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein:
1. The request shall be in writing on the form provided by the city;
2. The request for review by the director shall be filed within 14 calendar days of the feepayer’s payment of the
impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review;
3. An administrative fee will be imposed for the request for review by the director; this shall be the same as that
imposed for a request for reconsideration of a staff decision;
4. The director shall issue his/her determination in writing within 14 days from the receipt of a request for
review.
D. Determinations of the director with respect to the applicability of the impact fees to a given development activity,
the availability or value of a credit, or the director’s decision concerning the independent fee calculation which is
authorized in ECC 3.36.130, or the fees imposed by the director pursuant to ECC 3.36.120 and 3.36.125, or any other
determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing
examiner.
E. The decision of the director may be appealed to the hearing examiner as a Type II decision. [Ord. 4037 § 1 (Att.
A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.080 Establishment of impact fee accounts.
A. Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts.
B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this
chapter, the park impact account. There is also hereby established a separate impact fee account for the street
transportation traffic impact fees collected pursuant to this chapter, the street transportation traffic impact account.
Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and
applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the
purposes for which the impact fees were collected.
C. On an annual basis, the finance director shall provide a report to the council on the impact fee accounts showing
the source and amount of all monies collected, earned, or received, and the public improvements that were financed
in whole or in part by impact fees.
D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written
findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period.
Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of
time within which the impact fees shall be expended or encumbered. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1
(Exh. A), 2013].
3.36.090 Refunds.
A. If the city fails to expend or encumber the impact fees within 10 years of when the fees were paid or, where
extraordinary or compelling reasons exist, such other time periods as established pursuant to ECC 3.36.080, the
current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining
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whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on
a first-in, first-out basis.
B. The city shall notify potential claimants by first class mail that they are eligible for an impact fee refund. This
notification shall be done by first class mail deposited with the United States Postal Service at the last known address
of such claimants. A potential claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within
one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained
by the city and expended on the appropriate public facilities.
E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city.
F. When the city seeks to terminate any or all components of the impact fee program, all unexpended or
unencumbered funds from any terminated component or components, including interest earned, shall be refunded
pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place
notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and
shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available
for refund shall be retained for a period of one year.
At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate
public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within
the account or accounts being terminated.
G. The city shall also refund to the current owner of property for which impact fees have been paid, including interest
earned on the impact fees, if the development activity for which the impact fees were imposed did not occur;
provided, that if the city has expended or encumbered the impact fees in good faith prior to the application for a
refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner
of the property proceeds with the same or substantially similar development activity, the owner can petition the
director for an offset. The petitioner must provide receipts of impact fees previously paid for a development of the
same or substantially similar nature on the same property or some portion thereof. Determinations of the director
shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A),
2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.100 Use of funds.
A. Pursuant to this chapter, impact fees:
1. Shall be used for public improvements that will reasonably benefit new development; and
2. Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and
3. Shall not be used for maintenance or operations.
B. Impact fees may be spent for public improvements, including, but not limited to, planning, engineering, surveying,
land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction,
architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any
other expenses which can be capitalized.
C. Impact fees may also be used to recoup public improvement costs previously incurred by the city to the extent that
new growth and development will be served by the previously constructed improvements or incurred costs.
D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public
improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or
similar debt instruments to the extent that the facilities or improvements provided are consistent with the
requirements of this section and are used to serve the new development. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1
(Exh. A), 2013].
3.36.110 Review.
The fee rates set forth in ECC 3.36.120 and 3.36.125 may be reviewed and adjusted by the council as it deems
necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city’s
comprehensive plan. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this
chapter, or 12 months after the most recent review by the council.
The council may determine the amount of any adjustment up or down and revise the fee rates set forth in ECC
3.36.120 and 3.36.125. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.120 Park impact fee rates.
The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the
rate study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations
in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be
charged the park impact fee applicable to the type of development as follows:
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A. Effective October 1, 2014:
1. Single-family house: $2,734.05 per dwelling unit.
2. Multifamily residential housing: $2,340.16 per dwelling unit.
3. Nonresidential development: $1.34 per square foot. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A),
2013].
3.36.125 Street Transportation Traffic impact fee rates.
Transportation Traffic The street impact fee rates in this section are generated from the formula for calculating impact
fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for herein, all
new developments in the city will be charged the street impact fee applicable to the type of development as follows in
the table below.
For properties zoned BD – Downtown Business, an ITE Land Use Code of 814 – Specialty Retail shall be applieesd.
ITE Land Use Code - Description Fee CalculationUnit
2016 Transportation Impact Fee per
unit @ (w/ $9,261.551,049.41 cost
per trip)
110 -General Light Industrial
per square footper
square foot1,000 sf
GFA $1.50$4.,5438.38
140 - Manufacturing
per square foot1,000
sf GFAper square
foot $1.12$5.,8435.06
151 - Mini-warehouse
per square foot per
square f1,000 sf
GFAoot $1.,30296.68$0.40
210 - Single-family house per dwelling unit $1,196.33$8,613.66
Accessory Dwelling Unit (ADU) 1 per dwelling unit $4,306.83
220 - Apartment215 – Single Family
Attached Housing per dwelling unit $776.56$4,723.62
220 – Multifamily Housing
(low-rise / 2 or 3 floors)
per dwelling unitPer
dwelling unit $4,816.24
2210 – Multifamily Housing
(mid-rise/ 4 to 10 floors)
per dwelling unitPer
dwelling unit $3,519.56
223 - Affordable Housing
per dwelling unitPer
dwelling unit $4,260.52
230 - Low-Rise Residential with 1st floor
commercial (2 to 3 floors)
per dwelling unitPer
dwelling unit $3,334.32
231 - Mid-Rise Residential with 1st floor
commercial (4 to 10 floors)
per dwelling unitPer
dwelling unit $3,704.80
240 - Mobile Home Park per dwelling unit $4,260.52
251 - Senior Adult Housing – Single family per dwelling unit $2,685.98
252 - Senior Adult Housing – Multi-family per dwelling unit $2,315.50
230 - Condominium per dwelling unit $629.65
240 - Mobile home per dwelling unit $671.62
251 - Senior Housing per dwelling unit $157.41
320 - Motel per room $629.65$3.426.94
420 - Marina per boat berth $188.89
4454 - Movie theater per screens $13,166.00$740.96
1
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492 - Health/fitness club
per square foot1,000
sf GFAper square
foot $$2.7834,9217.74
520 - Elementary School per students $1,481.92
522 – Middle School / Junior High School per students $1,389.30
52530 - High school
per students per
square foot $0.82$1,389.30
530 – Private School (K – 8th)per students $2,408.12
532 – Private School (K – 12th)per students $1,759.78
560 - Church
per square foot1,000
sf GFAper square
foot $0.69$3.,982.66
565 - Day care center
per square foot1,000
sf GFAper square
foot $6.57$55.786,757.24
620 - Nursing home
per square footper
bed1,000 sf GFA $199.39$5.46,464.58
710 - General office (greater than 10,000 SF
of gross floor area)
per square foot
p1,000 sf GFAer
square foot $2.07$10.93,929.16
712 - General office (less than 10,000 SF of
gross floor area)
per square foot1,000
sf GFA $20.010,005.92
720 - Medical – Dental office building
per square foot
pe1,000 sf GFAr
square foot $3.81$31.68,676.04
814 Variety Store 3 per square foot $40.96
820 - Shopping center (greater than>
150,000 SFk of gross leasable area)
per square foot 1,000
sf GFAper square
foot $1.3421.4438,437.83
821 - Shopping Plaza (40,000 SF to 150,000
SF of gross leasable area)
per square foot1,000
sf GFA $47.68,680.78
822 – Strip Retail Plaza (< 40,000 SF of
gross leasable area)
per square foot1,000
sf GFA $58.26,257.98
826 - Specialty retail per square foot $0.93
850 - Supermarket
per square foot 1,000
sf GFAper square
foot $61.87,873.86$4.80
8510 - Convenience market 15-16hrsStore
per square foot 1,000
sf GFAper square
foot $447.3535,354.605.80
912 - Drive-in bank
per square foot
pe1,000 sf GFAr
square foot $126.61,606.91$7.00
918 – Hair Salon / Spa
per square foot1,000
sf GFA $13.43,429.90
931 – Fine Dining Restaurant
per square foot1,000
sf GFA $42.01,012.43
932 -– High Turnover (Sit-Down)
Restaurant: sit-down
per square footper
square foot1,000 sf
GFA $48.46, 464.34$4.70
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933 - Fast Food Restaurant without Drive-
ThroughFast food, no drive-up
per square foot 1,000
sf GFAper square
foot $340.19, 193.26$9.19
934 - Fast Food Restaurant with
Drive-Through WindowFast food with drive-
up
per square foot 1,000
sf GFAper square
foot $11.23$131.71,705.64
935 - Fast Food Restaurant with
Drive-Through and No Indoor Seating
per drive- through-
though lanes $380,251.41030.86
936 - Coffee/donut shop without
Drive-Through Window , no drive-up
per square footper
square foot1,000 sq
GFA $5.73292,03030.86
937_Coffee/Donut Shop with Drive-Through
Window
per square foot1,000
sf GFA
$68.63,631.42
938 - Coffee/donut shop, drive-up,
no indoor seating
per square footper
drive- throughh -
though lanes $10.552,793.43
945 – Convenience Store / Gas Station
per vVehicle
fFueling pPosition $464,593.46
9781 - Brewery Taproom
1per square foot,000
sf GFA $91.0559,593.19
97545 -– Drinking PlaceConvenience Store
/ Gas station with convenience
per square foot 1,000
sf GFAper vehicle
fueling position
$$3,347.659.652TBD
1 Accessory Dwelling Unit TIF rate set at 50% of single family detached unit.
2 Variety Store is to be used for all retail developments with less than 1,000 sf in the Downtown Business District..
ITE Land Use Code - Description
Fee
Calculation
2016
(w/
$1,049.41
cost per
trip)
2017
(with
$2,543.01
cost per
trip)
2018
(w/
4,036.61
cost per
trip)
2019 and
beyond (w/
$5,530.21
cost per trip)
110 - Light Industrial
per square
foot $1.50 $3.64 $5.77 $7.91
140 - Manufacturing
per square
foot $1.12 $2.72 $4.32 $5.92
151 - Mini-warehouse
per square
foot $0.40 $0.97 $1.54 $2.10
210 - Single-family house
per dwelling
unit $1,196.33 $2,873.60 $4,561.37 $6,249.14
220 - Apartment
per dwelling
unit $776.56 $1,881.83 $2,987.09 $4,092.36
230 - Condominium
per dwelling
unit $629.65 $1,525.81 $2,421.97 $3,318.13
240 - Mobile home
per dwelling
unit $671.62 $1,627.53 $2,583.43 $3,539.33
251 - Senior Housing
per dwelling
unit $157.41 $584.89 $928.42 $1,271.95
320 - Motel per room $629.65 $1,525.81 $2,421.97 $3,318.13
420 - Marina
per boat
berth $188.89 $457.74 $726.59 $995.44
444 - Movie theater per screens $13,166.00 $31,905.90 $50,645.37 $69,384.85
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492 - Health/fitness club
per square
foot $2.78 $6.74 $10.98 $14.66
530 - High school
per square
foot $0.82 $1.98 $3.15 $4.31
560 - Church
per square
foot $0.69 $1.68 $2.67 $3.65
565 - Day care center
per square
foot $6.57 $15.77 $25.02 $34.29
620 - Nursing home per bed $199.39 $483.17 $766.96 $1,050.74
710 - General office
per square
foot $2.07 $5.01 $7.95 $10.89
720 - Medical office
per square
foot $3.81 $9.54 $15.14 $20.74
820 - Shopping center
per square
foot $1.34 $3.26 $5.17 $7.08
826 - Specialty retail
per square
foot $0.93 $2.06 $3.27 $4.48
850 - Supermarket
per square
foot $4.80 $10.50 $16.84 $22.84
850 - Convenience market 15-16hrs
per square
foot $5.80 $14.07 $22.38 $30.58
912 - Drive-in bank
per square
foot $7.00 $15.97 $25.41 $34.73
932 - Restaurant: sit-down
per square
foot $4.70 $10.04 $15.95 $21.84
933 - Fast food, no drive-up
per square
foot $9.19 $22.28 $35.36 $48.44
934 - Fast food with drive-up
per square
foot $11.23 $26.24 $41.66 $57.07
936 - Coffee/donut shop, no drive-
up
per square
foot $5.73 $13.88 $22.04 $30.19
938 - Coffee/donut shop, drive-up,
no indoor seating
per square
foot $10.55 $25.56 $40.37 $55.58
945 - Gas station with convenience per vehicle
fueling
position
$3,347.62
$6,916.99 $10,979.58 $15,042.18
3.36.130 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories or fee amounts set forth in ECC 3.36.120 and/or
3.36.125 accurately describe or capture the impacts of a new development on parks and/or streets, the department
may ask the applicant to conduct independent fee calculations and the director may impose alternative fees on a
specific development based on those calculations. The alternative fees and the calculations shall be set forth in
writing and shall be agreed to by the director and the feepayer. The documentation submitted shall show the basis
upon which the independent fee calculation was made.
B. Any feepayer submitting an independent fee calculation will be required to pay the city of Edmonds a fee to cover
the cost of reviewing the independent fee calculation. A fee is required by the city for conducting the review of the
independent fee calculation plus the actual cost of outside consultant review if required by the city, unless otherwise
established by the director, and shall be paid by the feepayer prior to initiation of review.
C. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the
documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the
director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit
additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-
by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or
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principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed
to the feepayer.
D. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner
as set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.140 Existing authority unimpaired.
Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity
to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval
process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is
consistent with the provisions of Chapters 43.21C and 82.02 RCW. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1
(Exh. A), 2013].
3.36.150 Procedures guide.
The director is authorized to develop a procedures guide to facilitate the city’s administration and enforcement of this
chapter. The procedures guide shall be consistent with the provisions of this chapter, shall be for the sole convenience
of the city, and shall not vest any rights in or for any other person. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh.
A), 2013].
3.36.160 Deferral system for single-family residences.
A. An applicant for a building permit for a single-family detached or attached residence may request a deferral of the
full impact fee payment until final inspection. The building official may withhold certification of final inspection
until the impact fees have been paid in full.
B. The amount of impact fees that may be deferred under this section must be determined by the fees in effect at the
time the applicant applies for a deferral.
C. The term of an impact fee deferral under this section may not exceed 18 months from the date of building permit
issuance.
D. An applicant seeking a deferral under this section must grant and record a deferred impact fee lien against the
property in favor of the city in the amount of the deferred impact fee. The deferred impact fee lien, which must
include the legal description, tax account number, and address of the property, must also be:
1. In a form approved by the city attorney;
2. Signed by all owners of the property, as demonstrated by a current title report, with all signatures
acknowledged as required for a deed;
3. Recorded with the Snohomish County auditor’s office;
4. Binding on all successors in title after the recordation; and
5. Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted
by the person who applied for the deferral of impact fees.
E. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute
foreclosure proceedings in accordance with Chapter 61.12 RCW.
F. In addition to the administrative fee collected pursuant to ECC 3.36.030(B)(5), the city shall collect an additional
reasonable administrative fee to implement this section from permit applicants who are seeking to delay the payment
of impact fees under this section. The amount of the administrative fee shall be established and updated from time to
time by resolution of the city council.
G. The section shall be construed to be consistent with state law and RCW 82.02.050, in particular. [Ord. 4037 § 1
(Att. A), 2016].
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Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance, being an administrative function of the city
council, 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.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to
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the City legislative body, is not subject to referendum and shall take effect upon the latter of five
(5) days after passage and publication of an approved summary thereof consisting of the title and
January 1, 2017.
APPROVED:
MAYOR DAVID O. EARLINGMIKE ROSEN
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEYEMILY VILLATA
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFFREY B. TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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SUMMARY OF ORDINANCE NO. __________
of the City of Edmonds, Washington
On the ____ day of ___________, 2025016, 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, REVISING THE IMPACT FEE PROVISIONS
TO SECTION 3.36 OF THE ECC FOLLOWING THE 2024
TRANSPORTATION PLAN UPDATE; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING THE IMPACT FEE PROVISIONS TO
THE NEW SECTION 3.36 OF THE ECC; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this _____ day of ________________, 202516.
CITY CLERK, SCOTT PASSEYEMILY
VILLATA
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Agenda Memo
Transportation Impact Fees (as part of Update on 2024 Transportation Plan Update) and
revisions to Section 3.36 of Edmonds City Code
Meeting Date: September 10thJanuary 6th, 2026, 2024
Time: 2060 minutes
Type: DiscussionDiscussion
Subject Title
Transportation Impact Fees (as part of 2024 Transportation Plan Update) and revisions to
Section 3.36 of Edmonds City Code
Update on 2024 Transportation Plan
Recommendation
Approval of revised Section 3.36 of Edmonds City Coden/a
Previous Council Action
On May 16,December 3rd, 20243, the Council approved the 2024 Transportation Plan
Update. the Professional Services Agreement with Transpo Group for the Transportation
Plan Update
I can add all the other Council meetings
Narrative
The Transportation Plan is a critical component of the Comprehensive Plan, focusing on
creating a multimodal transportation system that promotes the safe and efficient movement
of people and goods. The plan aims to meet both current and future transportation needs by
outlining both short- and long-term strategies that integrate various transportation modes
based on projected growth.
Impact fees are charges assessed by local governments for new developments to help pay
for new or expanded public capital facilities. Section 3.36 of the Edmonds City Code
defines the current methods and quantities of impact fees to be collected for new
developments within Edmonds. Those transportation impact fees (TIF) are based on
roadway and intersection improvements projects. As part of the 2024 Transportation Plan
Update, a new list of transportation capital projects was developed to meet the City’s
adopted multi-modal Level of Service (MMLOS) standards with the inclusion of roadway,
intersection, and active transportation projects. Considering the City’s 20-year project list
and the updated land use and projected population growth estimates from the 2024
Comprehensive Plan, the impact fees have been updated. The Plan identified (19) roadway
and intersection improvement projects and (69) active transportation projects (consisting of
bike lanes, multi-use paths, sidewalk projects). The City’s travel demand model was used
to calculate the eligible TIF costs for roadway / intersection projects by using the total cost
of those projects multiplied by the % of PM peak hour traffic growth. For active
transportation projects, the TIF was calculated using the “Proximity to Activity Center and
Other Key Locations” criteria developed during the prioritization process in the 2024
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Transportation Plan Update. The trip rate was determined to be $9,262 per trip. The
memo provides additional information on the TIF calculation methodology.
The TIF rate for each land use category is then based on the following (based on 12th
Edition of ITE Trip Generation Manual):
:
Average PM Peak Hour Trip Rate;
Pass-by Rate;
Trip Length Factor; and
Cost per trip: $9,261.55 per trip.
New land use categories have been added and others have been removed to / from the
Impact Fee table. The transportation impact fee for ADU’s is set at 50% of the single
family detached units fee. Any retail developments with less than 1,000 sf in the Downtown
Business District is to be identified as a Variety Store (previously identified as Specialty
Retail / land use category removed from new ITE Trip Generation Manual). If more than
1,000 sf, the appropriate land use category is to be used.
The Transportation Plan is a mandatory element of the City’s Comprehensive Plan. The
last update to the Transportation Plan was completed in 2015. The main objective of this
Plan is to identify short and long-range strategies that lead to the development of an
integrated multimodal transportation system that facilitates the safe and efficient movement
of people and goods while addressing current and future transportation demand and land
use.
Based on Puget Sound Regional Council’s (PSRC) expectations, the multimodal
concurrency, and LOS programs that meet GMA requirements and VISION 2050’s multi-
county planning policies will be included with the following items:
1. Methodology to evaluate LOS for btransit, ibicycles, pedestrians, and vehicles;
2. Adopt LOS standard(s) based on the methodology;
3. Identification of existing and future deficiencies to maintain LOS; and
4. Measures for addressing existing and future deficiencies - to maintain LOS.
Since the last Council meeting in June when a Multimodal Level of Service (MMLOS)
update was provided, a list of MMLOS projects and non-MMLOS projects haves been
identified. The lists consist of active transportation and vehicular projects programmed
Commented [RE1]: Is transit LOS being
addressed in the presentation? I don’t remember it
being covered.
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over the next 20 years. The active transportation project lists consist of key pedestrian and
bicycle missing links throughout the City, while the vehicular projects are capacity
improvements, safety improvements, and traffic signal upgrades.
Evaluation A list of criteria have been established to prioritize projects on both the
MMLOS and non-MMLOS project lists.for the prioritization process has also been
completed so all projects can then be ranked in priority order. The identified criteria are
areas of safety concerns (recent collisions recorded within project limits), proximity to
schools, parks, transit stops, growth hubs, public buildings, and PSRC’s Opportunity Index
(based on different Education, Economic Health, Housing and Neighborhood Quality,
Mobility and Transportation, and Health and Environment levels identified in sections of
Edmonds). Each criteria within a project will be rated as high, medium, low and those
criteria will also be weighed considering their importance compared to others within the
evaluation (in order to establish total number of points for each project). The priority
ranking will be used as a starting point to select projects but other factors such as secured
grant, coordination with utilities, safety / capacity concerns may affect the timing of when
projects would be able to move forward. The Transportation Committee has been involved
in the development of those project lists and criteria selection. Discuss the criteria that
have been selected and the ranking system (low, med, high). Also mention the priority
ranking is a starting point for selecting projects but other factors such as grants,
coordination with utilities, safety concerns, etc affect the timing of when projects move
forward. . The MMLOS ranked project list will help determine the project to be addressed
once MMLOS traffic impact fees start being collected in 2025 as well as future grant
funding opportunities. The non-MMLOS project list will help the City determine the
projects to apply for as part of future grant funding opportunities or to be funded through
local funds.
As part of the Comprehensive Plan, two land use alternatives are being considered to
account for future growth throughout the City. Once the final land use alternative is
selected, the final MMLOS and non-MMLOS project list will be established. The financial
portion of the plan with all the project costs will follow.
The Transportation Committee has been involved in the development of those project lists.
An Open House is scheduled for September 18th where the project lists and criterias will be
presented. Work on the plan started in 2023 and is scheduled to be completed in December
2024.
Commented [RE2]: Did they provide
recommendations on what criteria to use? If so, move
this into paragraph 4.
Commented [RE3]: Did they provide
recommendations on what criteria to use? If so, move
this into paragraph 4.
Commented [SH4R3]: Yes
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Attachments
Transportation Impact Fee Update Methodology memoPresentation
Ordinance of revised Section 3.36 of ECC
Council Presentation
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12131 113th Avenue NE, Suite 203, Kirkland, WA 98034 | 425.821.3665 |
MEMORANDUM
Date: November 21, 2025 TG: 22355.00
To: Bertrand Hauss – City of Edmonds
From: Paul Sharman, Patrick Lynch – Transpo Group
cc:
Subject: Edmonds Transportation Impact Fee Update Methodology
The purpose of this memorandum is to summarize the methodology used in updating the City’s
Transportation Impact Fees (TIF) following the adoption of the 2024 Comprehensive Plan.
Background
Impact fees are one-time charges assessed by local governments for new developments to help
pay for new or expanded public capital facilities. Edmonds Municipal Code 3.36 defines the
methods and quantities of impact fees to be collected for new development within Edmonds.
Following the recent adoption of the City’s Transportation Master Plan in late 2024, a new list of
transportation capital projects1 was developed to meet the City’s updated multimodal level of
service standard. Given the City’s new 20-year transportation project list and the updated land use
and population growth estimates in the 2024 Comprehensive Plan, the City has set about updating
their transportation impact fees.
TIFs are calculated to assess the share of capital improvements that should be attributed to
development. The 20-year planned growth is not the only reason that future transportation
improvements will be needed as some level of traffic and active transportation system gaps exist
today. The following outlines the methodology used to estimate the share of future system
improvements that should be attributed to development within Edmonds.
TIF Eligible Project Costs
The following sections summarize the methodology for calculating the project cost identified in the
Transportation Master Plan that are TIF eligible, or what percent of each project is attributable to
development.
Roadway and Intersection Projects
The 2024 Transportation Master Plan identifies nineteen (19) roadway and intersection
improvement projects across the City, with an estimated cost of $316.6 million. To assess the
share of these costs that should be attributed to development, the City’s travel demand model was
used to calculate the percentage of PM peak hour traffic growth at the project location. In equation
form, this calculation could be written like this:
Roadway and Intersection TIF Eligible Cost = (Total Project Cost) x (% PM Peak Hour
Traffic Growth at project location)
For example, the installation of a traffic signal or mini roundabout at the intersection of Main Street
and 9th Avenue is planned to cost approximately $1.37 million. The travel demand model
estimates that PM peak hour traffic at the location will increase approximately 15% over the next
twenty years, and therefore the TIF eligible cost is approximately $205,000.
1 See Table 2-4 and Table 2-5 in the Transportation Master Plan
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Active Transportation Projects
Recent amendments to state law under RCW36.70A.070 and RCW 82.02.050 now allow for
transportation impact fees to be collected for active transportation projects – not just vehicular
capacity improvement projects. The 2024 Transportation Master Plan identified sixty-nine (69)
active transportation system improvements in four categories: bike lanes, multiuse paths, sidewalk
(long), and sidewalk (short).
While the travel demand model has historically been used to calculate the nexus between growth
and traffic increase, the travel demand model does not calculate active mode trip s directly. As a
result, a different measurement was needed to capture the link between development and active
transportation trips. The assumption for this linkage is that active transportation improvement
projects located nearer to areas of more dense development and existing pedestrian and bicycle
generators (schools, parks, etc.) are more likely to shift traveler choice toward walking, biking and
rolling and away from default automobile trips. Therefore, the TIF eligibility for active transportation
improvement projects (excluding bike lanes) was calculated using the “Proximity to Activity
Centers and Other Key Locations” criteria developed during the project prioritization process in the
Transportation Master Plan2. This criterion was selected to create a measurable nexus between
areas of higher development and likely walk / bicycle activity.
Table 1 summarizes the link between the “Proximity to Activity Centers and Other Key Locations”
score within the Transportation Master Plan and the TIF eligibility percentage .
Table 1. TIF Eligibility – Active Transportation Projects
Proximity to Activity Centers Score TIF Eligibility
40 or more 45%
35 – 40 35%
30 - 35 30%
20 – 30 25%
15 – 20 15%
10 - 15 10%
Less than 10 5%
Source: Transpo Group, 2024; See also Section 2.3 of the Edmonds Transportation Master Plan
The proportionate share of bicycle lane project costs attributed to development was set at 5% for
all bicycle lane improvements that do not require roadway widening (those that require widening
use the criteria outlined in Table 1). It was assumed that most bicycle lane improvements would be
completed as part of regular roadway resurfacing projects, such as the recent re -striping to add
bicycle lanes on Main Street between 6th Avenue N and 9th Avenue N.
TIF Eligibility Totals
A complete list of total project cost, TIF eligibility percentage and costs is included in the
attachment. Table 2 summarizes the total project cost and TIF eligible cost for each of the project
types within the Transportation Master Plan.
2 See section 2.3 of the Transportation Master Plan
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Table 2. Transportation Project Costs and TIF Eligibility
Project Type Total Project Cost TIF Eligible Cost
Roadway $291,850,000 $32,816,000
Multi Use Path $111,070,000 $42,472,000
Intersection $24,710,000 $3,693,000
Sidewalk - Long $109,330,000 $25,391,000
Sidewalk - Short $8,500,000 $1,512,000
Bike Lanes $18,120,000 $5,801,000
TOTAL $563,580,000 $111,685,000
Source: Transpo Group, 2025
In total, approximately $111.7 million of the $563.6 million (20%) in identified transportation capital
projects was determined to be TIF eligible. The full TIF eligible project list spreadsheet is included
as Attachment A.
Planned Development and Travel Growth
This section summarizes the planned growth within the 2024 Comprehensive Plan and the
resulting increase in vehicle and person trips.
The 2024 Edmonds Comprehensive Plan includes an additional 9,068 households and 3,058 jobs
within Edmonds over the next twenty years. The Institute of Transportation Engineer’s Trip
Generation Manual (11th Edition) was used to estimate the number of PM peak hour vehicle trips
based on general land use categories. The breakdown of households and jobs by category and
the corresponding number of PM peak hour trips is summarized in Table 3 below.
Table 3. 20 Year Land Use and Vehicle Trip Growth
Land Use Growth
PM Peak Hour Average
Vehicle-Trip Rate
Net New PM Peak Hour Trips
Singe Family Households 2,267 0.94 2,131
Multifamily Household1 6,801 0.49 3,332
RETAIL2 (jobs) 1,086 4.93 5,354
FIRES3 (jobs) 1,972 0.63 1,242
TOTAL 12,059
Source: Transpo Group, 2025
1. Multifamily housing based on average of ITE land use codes 215, 220, and 221.
2. Retail trade, food services, entertainment, hotel jobs. Based on weighted average of ITE land use codes 820, 821, 822, 930, and 932 in
ITE 11th Edition.
3. Finance, insurance, real estate, services, medical, and office jobs. Based on weighted average of ITE land use codes 710, 720, and 750
in ITE 11th Edition.
Proposed Impact Fee
TIFs are typically calculated on a cost per vehicle trip basis. The total cost per vehicle trip is
calculated by the total TIF eligible cost ($111,685,000) divided by the total number of new PM
peak hour trips (12,059) for a fee of $9,261.55. The City of Edmonds existing TIF fee is $5,531 per
vehicle trip. The new rate would be a 67.5% increase from the existing rate.
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Next Steps
Assuming that the City of Edmonds adopts the proposed TIF rate per trip, the City will then update
their impact fee rate schedule (currently posted here). The current impact fee schedule is based
on a previous edition of the ITE Trip Generation Manual, and the new impact fee rate schedule is
based on the trip generation rates to the recently released 12th edition. The impact fee schedule is
shown below in Table 4.
Table 4. 2025 TIF Rate Schedule (assumes cost per vehicle trip of $9,261.55)
Land Use (ITE Land Use Code) Unit
New TIF Rate per
vehicle trip
110_General Light Industrial per. sq foot $4.54
140_Manufacturing per. sq foot $5.84
151_Mini-Warehouse per. sq foot $1.30
210_Single-Family Detached Housing Dwelling Unit $8,613.66
Accessory Dwelling Unit (ADU)1 Dwelling Unit $4,306.83
215_Single-Family Attached Housing Dwelling Unit $4,723.62
220_Multifamily housing (low-rise) (2 or 3 floors) Dwelling Unit $4,816.24
221_Multifamily housing (mid-rise) (4 to 10 floors) Dwelling Unit $3,519.56
223_Affordable Housing Dwelling Unit $4,260.52
230_Low-Rise Residential with 1st-Floor Commercial (2 or 3 floors) Dwelling Unit $3,334.32
231_Mid-Rise Residential with 1st-Floor Commercial (4 to 10 floors) Dwelling Unit $3,704.80
240_Mobile Home Park Dwelling Unit $4,260.52
251_Senior Adult Housing - Single-Family Dwelling Unit $2,685.98
252_Senior Adult Housing - Multi-Family Dwelling Unit $2,315.50
320_Motel Room $3,426.94
445_Movie Theater Seats $740.96
492_Health/Fitness Club per. sq foot $34.92
520_Elementary School Students $1,481.92
522_Middle School/Junior High School Students $1,389.30
525_High School Students $1,389.30
530_Private School (K-8) Students $2,408.12
532_Private School (K-12) Students $1,759.78
560_Church per. sq foot $3.98
565_Day Care Center per. sq foot $55.78
620_Nursing Home per. sq foot $5.46
710_General Office Building (>10,000 sf of gross floor space) per. sq foot $10.93
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712_Small Office Building (<10,000 sf of gross floor space) per. sq foot $20.01
720_Medical-Dental Office Building per. sq foot $31.68
814_Variety Store2 per. sq foot $40.96
820_Shopping Center (>150,000 square feet of gross leasable area
(GLA)) per. sq foot $21.44
821_Shopping Plaza (40-150k of GLA per. sq foot $47.68
822_Strip Retail Plaza (<40k of GLA) per. sq foot $58.26
823_Factory Outlet Center per. sq foot $21.21
850_Supermarket per. sq foot $61.87
851_Convenience Store per. sq foot $447.35
912_Drive-in Bank per. sq foot $126.61
918_Hair Salon/Spa per. sq foot $13.43
931_Fine Dining Restaurant per. sq foot $42.01
932_High Turnover (Sit-Down) Restaurant per. sq foot $48.46
933_Fast Food Restaurant without Drive-Through per. sq foot $340.19
934_Fast Food Restaurant with Drive-Through per. sq foot $131.71
935_Fast Food Restaurant with Drive-Through and No Indoor Seating Drive-Through
Lanes
$380,251.41
936_Coffee/Donut Shop without Drive-Through Window per. sq foot $292.03
937_Coffee/Donut Shop with Drive-Through Window per. sq foot $68.63
938_Coffee/Donut Shop with Drive-Through Window and No Indoor
Seating
Drive-Through
Lanes
$2,793.42
945_Convenience Store/Gas Station Vehicle Fueling
Position
$64,593.19
971_Brewery Taproom per. sq foot $91.05
975_Drinking Place per. sq foot $59.65
Source: Transpo Group, 2025
1. Accessory Dwelling Unit TIF rate set at 50% of single family detached unit
2. Variety Store is to be used for all retail developments with less than 1,000 sf in the Downtown Business District as shown in Attachment B.
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ProjectID Project Type Street Name Extents Description Cost Priority TIF Eligible Impact Eligible
BL-01 Bike Lanes Main St 9th Ave to 84th Avenue (5 corners)Restripe and install 5' bike lanes 570,000$ High 5%29,000$
BL-02 Bike Lanes OLYMPIC AVE Main Street to Puget Drive
Widen road to install 5' bike lanes; build curb, gutter, 5' sidewalk to
design standards on one side of street 8,020,000$ Medium 35% 2,807,000$
BL-03 Bike Lanes 238TH ST SW SR 104 to 84th Ave W Widen road to install 5' bike lanes 520,000$ High 5%26,000$
BL-04 Bike Lanes 9TH AVE Main Street to Caspers Street Restripe and install 5' bike lanes 270,000$ High 5%14,000$
BL-05 Bike Lanes MAIN ST Ferry Terminal to 6th Avenue
Widen roadway (narrow existing sidewalks) to install eastbound
(uphill) bicycle lane, sharrows on westbound (downhill)8,290,000$ High 35% 2,902,000$
BL-06 Bike Lanes 76th Ave W 220th St SW to SR 99 Restripe and install 5' bike lanes 190,000$ High 5%10,000$
BL-07 Bike Lanes 224th St SW 76th Avenue W to Interuban Trail Restripe and install 5' bike lanes 140,000$ Medium 5%7,000$
BL-08 Bike Lanes 9TH AVE S Bowdoin to Main St Restripe and install 5' bike lanes 120,000$ Medium 5%6,000$
I-01 Intersection 76th Ave. W @ 220th St. SW Intersection Improvementsat intersection
Add left turn lane on east and west approaches, removing split phase,
add bike lanes and sidewalk improvements 11,640,000$ Medium 15% 1,746,000$
I-02 Intersection SR 524 (196th St. SW) @ 88th Ave W. Intersection Improvementsat intersection
Design intersection improvements (RAB or signal) and addition of
guardrail on the west side of intersection due to 12' vertical drop
(grade. adjustment to improve sight distance to be considered).1,450,000$ Low 10% 145,000$
I-03 Intersection Main St. @ 9th Ave. at intersection Installation of traffic signal or mini-roundabout.1,370,000$ Medium 15%206,000$
I-04 Intersection Westgate / SR-104 @ 100th Ave. W Intersection Access Managementat intersection
Provide safety improvements within proximity to the intersection by
providing better access management on all approaches 4,460,000$ Medium 10% 446,000$
I-05 Intersection SR-104 @ 95th Pl. W Intersection Improvementsat intersection Provide C-Curb with left turn channelization for access management.290,000$ Low 20%58,000$
I-06 Intersection SR-104 @ 238th St. SW Intersection Improvementsat intersection Install traffic signal and other intersection improvements.1,560,000$ Low 20%312,000$
I-07 Intersection SR-104 @ 76th Ave. W Intersection Improvementsat intersection
Extend bike lanes within proximity of intersection in northbound and
southbound directions. Install APS on all corners and new ADA curb
ramps. Add westbound right turn lane along SR-104 (~125 ft storage
length)2,570,000$ Medium 25% 643,000$
I-08 Intersection 76th Ave W / Olympic View Drive at intersection Installation of traffic signal or mini-roundabout.1,370,000$ Low 10%137,000$
ITS-01 Roadway SR 104 236th St Sw to 226th St SW
Install ITS Adaptive System along SR-104 from 236th St. SW to 226th
St. SW 4,240,000$ High 10% 424,000$
ITS-02 Roadway 76TH AVE 206th St SW to 220th St SW Install ITS adaptive system from 206th St SW to 220th St SW 2,820,000$ High 15%423,000$
LSW-01 Sidewalk - Long 176 ST SW 72nd Ave W to Olympic View Drive Construct curb, gutter, 5' sidewalk to design standards 1,950,000$ Medium 25%488,000$
LSW-02 Sidewalk - Long 72ND AVE W Olympic View Drive to 176th St SW Construct curb, gutter, 5' sidewalk to design standards 4,200,000$ Low 15%630,000$
LSW-03 Sidewalk - Long ANDOVER ST 184th ST SW to Olympic View Drive Construct curb, gutter, 5' sidewalk to design standards 2,200,000$ Low 10%220,000$
LSW-04 Sidewalk - Long 232ND ST SW 100th Ave W to SR 104 Build curb, gutter, 5' sidewalk to design standards 4,170,000$ Medium 35%1,460,000$
LSW-05 Sidewalk - Long 189TH PL SW 80th Ave W to 76th Ave W Construct curb, gutter, 5' sidewalk to design standards 2,120,000$ Medium 25%530,000$
LSW-06 Sidewalk - Long 191ST ST SW 80th Ave W to 76th Ave W Construct curb, gutter, 5' sidewalk to design standards 1,970,000$ Low 25%493,000$
LSW-07 Sidewalk - Long 184TH ST SW 88th Ave W to 80th Ave W Construct curb, gutter, 5' sidewalk to design standards 3,070,000$ Medium 25%768,000$
LSW-08 Sidewalk - Long 92ND AVE W 189th Pl SW to 187th St SW Construct curb, gutter, 5' sidewalk to design standards 1,160,000$ Low 10%116,000$
LSW-09 Sidewalk - Long 192ND ST SW 88th Ave W to 86th Ave W Construct curb, gutter, 5' sidewalk to design standards 1,010,000$ Low 25%253,000$
LSW-10 Sidewalk - Long 218TH ST SW 84th Ave W to 76th Ave W Construct curb, gutter, 5' sidewalk to design standards 3,800,000$ Medium 35%1,330,000$
LSW-11 Sidewalk - Long 216TH ST SW 92nd Ave W to 86th Ave W Construct curb, gutter, 5' sidewalk to design standards 3,030,000$ Medium 15%455,000$
LSW-12 Sidewalk - Long PARADISE LN SR 104 to 7th Ave S Construct curb, gutter, 5' sidewalk to design standards 2,390,000$ Low 15%359,000$
LSW-13 Sidewalk - Long 6th AVE Elm Way to Pine St Construct curb, gutter, 5' sidewalk to design standards 1,110,000$ Medium 25%278,000$
LSW-14 Sidewalk - Long 12TH AVE N Existing sidewalk end to Vista Way Construct curb, gutter, 5' sidewalk to design standards 1,810,000$ Low 10%181,000$
LSW-15 Sidewalk - Long 12TH AVE NW southern City limits to 238th St SW Construct curb, gutter, 5' sidewalk to design standards 2,830,000$ Low 15%425,000$
LSW-16 Sidewalk - Long 188TH ST SW 92nd Ave W to 88th Ave W Construct curb, gutter, 5' sidewalk to design standards 1,500,000$ Low 15%225,000$
LSW-17 Sidewalk - Long N MEADOWDALE RD 164th St SW to 68th Ave W Build curb, gutter, 5' sidewalk to design standards 1,160,000$ Medium 25%290,000$
LSW-18 Sidewalk - Long MEADOWDALE BEACH RD 75th Pl W to Olympic View Dr Build curb, gutter, 7' sidewalk to design standards 6,420,000$ Medium 25%1,605,000$
LSW-19 Sidewalk - Long 80TH AVE W 188th St SW to Olympic View Drive Build curb, gutter, 7' sidewalk to design standards 6,160,000$ Medium 25%1,540,000$
LSW-20 Sidewalk - Long OLYMPIC AVE Olympic View Drive to Puget Drive Build curb, gutter, 7' sidewalk to design standards 1,210,000$ Medium 25%303,000$
LSW-21 Sidewalk - Long MAPLEWOOD DR Main Street to 200th St SW Build curb, gutter, 7' sidewalk to design standards 4,410,000$ Medium 25%1,103,000$
LSW-22 Sidewalk - Long 88TH AVE W 200th St SW to 196th St SW Build curb, gutter, 7' sidewalk to design standards 2,090,000$ Medium 30%627,000$
LSW-23 Sidewalk - Long 8TH AVE S 14th St SW to Elm St Construct curb, gutter, 5' sidewalk to design standards 1,900,000$ Low 15%285,000$
LSW-24 Sidewalk - Long 95TH PL W 224th St SW to 220th St SW Build curb, gutter, 7' sidewalk to design standards 2,240,000$ Low 10%224,000$
LSW-25 Sidewalk - Long 82ND AVE W / 208th St SW 83rd Ave W to 206th St SW Build curb, gutter, 5' sidewalk to design standards 1,260,000$ Medium 15%189,000$
LSW-26 Sidewalk - Long 96TH PL W 239th St Sw to 234th St SW Build curb, gutter, 5' sidewalk to design standards 2,810,000$ Low 15%422,000$
LSW-27 Sidewalk - Long ROBIN HOOD DR 106th Ave W to existing sidewalk at Hickman Park Build curb, gutter, 5' sidewalk to design standards 2,130,000$ Medium 25%533,000$
LSW-28 Sidewalk - Long 236TH ST SW SR 99 to 76th Ave W Build curb, gutter, 5' sidewalk to design standards 2,180,000$ High 25%545,000$
LSW-29 Sidewalk - Long 230TH ST SW / 75th Pl W 76th Ave W to City Limits (74th Ave W)Build curb, gutter, 5' sidewalk to design standards 1,630,000$ Medium 25%408,000$
LSW-30 Sidewalk - Long 240TH ST SW / 78th Ave W SR 99 to 236th St SW Build curb, gutter, 5' sidewalk to design standards 4,270,000$ High 30%1,281,000$
LSW-31 Sidewalk - Long 236TH ST SW 84th Ave W to SR 104 Build curb, gutter, 5' sidewalk to design standards 1,410,000$ High 25%353,000$
LSW-32 Sidewalk - Long PINE ST SR 104 to 9th Ave S Build curb, gutter, 7' sidewalk to design standards 6,620,000$ Medium 30%1,986,000$
LSW-34 Sidewalk - Long 186TH ST SW 185th Pl SW to 80th Ave W Construct curb, gutter, 5' sidewalk to design standards 3,070,000$ Medium 25%768,000$
LSW-35 Sidewalk - Long 190TH PL SW Olympic View Drive to 94th Ave W Construct curb, gutter, 5' sidewalk to design standards 1,120,000$ Low 5%56,000$
LSW-36 Sidewalk - Long 82ND AVE W 206th St SW to 204th St SW Construct curb, gutter, 5' sidewalk to design standards 1,010,000$ Medium 15%152,000$
LSW-37 Sidewalk - Long 98TH AVE W Existing sidewalk north of 220th St SW to 216th Pl SW Construct curb, gutter, 5' sidewalk to design standards 1,180,000$ Medium 15%177,000$
LSW-38 Sidewalk - Long 14TH ST SW 8th Ave S to 96th Ave W Construct curb, gutter, 5' sidewalk to design standards 2,150,000$ Medium 25%538,000$
LSW-39 Sidewalk - Long 80TH AVE W 212th St SW to 206th St SW Build curb, gutter, 5' sidewalk to design standards 2,820,000$ Medium 25%705,000$
LSW-40 Sidewalk - Long 234TH ST SW 97th Ave W to 94th Ave W Build curb, gutter, 5' sidewalk to design standards 4,140,000$ Medium 25%1,035,000$
LSW-41 Sidewalk - Long 236TH ST SW 94th Ave W to 84th Ave W Build curb, gutter, 5' sidewalk to design standards 2,980,000$ High 30%894,000$
LSW-42 Sidewalk - Long 234TH ST SW SR 99 to 76th Ave W Build curb, gutter, 5' sidewalk to design standards 2,290,000$ Medium 25%573,000$
LSW-43 Sidewalk - Long 84TH AVE W 238th Street to 234th Street
Build curb, gutter, 4' planter strip and 7' sidewalk with tree grates on
east side of 84th and northbound 5' bike lane 2,350,000$ Medium 25% 588,000$
MUP-01 Multi Use Path OLYMPIC VIEW DR 76th Ave W to City Limits (Meadowdale Middle School)Construct 10' multi-use path 17,400,000$ High 35%6,090,000$
MUP-02 Multi Use Path 196TH ST SW 88th Ave W to 76th Ave W Construct 10' multi-use path 9,020,000$ High 25%2,255,000$
MUP-03 Multi Use Path 9TH AVE N Caspers / 9th Ave / Puget from Admiral to Olympic View Drive Construct 10' multi-use path 11,040,000$ High 45%4,968,000$
MUP-04 Multi Use Path SUNSET AVE N Caspers Street to 3rd Ave N / SR 104 Construct 10' multi-use path 5,260,000$ High 35%1,841,000$
MUP-05 Multi Use Path SR 104 Sunset Ave to 100th Ave W Construct 10' multi-use path 26,300,000$ High 45%11,835,000$
MUP-06 Multi Use Path SR 104 100th Ave W to 244th St Sw Construct 10' multi-use path 22,320,000$ High 45%10,044,000$
MUP-07 Multi Use Path 244th St SW Firdale Ave to SR 104 Construct 10' multi-use path 11,650,000$ Medium 25%2,913,000$
MUP-08 Multi Use Path 220TH ST SW 76th Ave W to City Limits / Interurban Trail Construct 10' multi-use path 3,030,000$ High 25%758,000$
MUP-09 Multi Use Path 212TH ST SW 74th Ave W to SR 99 Construct 10' multi-use path 5,050,000$ High 35%1,768,000$
R-01 Roadway 84th Ave W 238th St SW to 212th St SW
Widen roadway to add NB/SB left turn lanes at 220th Street and 228th
Street intersections and 5' bike lanes. Add 7' sidewalks on each side of
the roadway with 4' planter strip. (Cost to be shared with County
based on portion of project extents within City/County).16,330,000$ Medium 20% 3,266,000$
R-02 Roadway 228th St. SW Corridor improvements from Hwy. 99 to 95th Pl. WSR 99 to 95th Pl. W
Widen roadway to add two-way left turn lane along stretch or left turn
lanes at specific intersections. Install multi-use path on one side of
street. (Cost to be shared with County based on portion of project
extents within City/County).24,760,000$ Low 35% 4,333,000$
R-03 Roadway SR-99 Revitalization Stage 3 244th St. SW to 238th St. SW
Installation of planter strip, lighting upgrades, utility upgrades, and
capacity improvements at Hwy 99 @ 238th St SW (additional
northbound left turn lane). Install grade separated bike lanes and
sidewalks on both sides of roadway.28,700,000$ High 10% 2,870,000$
R-04 Roadway SR-99 Revitalization Stage 4 224th St. SW to 220th St. SW
Installation of planter strip, lighting upgrades, utility upgrades, and
capacity improvements at Hwy 99 @ 220th St SW (additional
nothbound / southbound / westbound left turn lane). Install grade
separated bike lanes and sidewalk on both sides of roadway.36,600,000$ High 10% 3,660,000$
R-05 Roadway SR-99 Revitalization Stage 5 216th St. SW to 212th St. SW
Installation of planter strip, lighting upgrades, utility upgrades, and
capacity improvements at Hwy 99 @ 212th St SW (add left turn lane
for northbound and
southbound movements / bike lane for eastbound & westbound
movements). Install grade separated bike lanes and sidewalk on both
sides of roadway.50,700,000$ Low 10% 5,070,000$
R-06 Roadway SR-99 Revitalization Stage 6 234th to 238th St
Installation of planter strip, lighting upgrades, utility upgrades, and
install grade separated bike lanes and sidewalk on both sides of
roadway.22,900,000$ Medium 10% 2,290,000$
R-07 Roadway SR-99 Revitalization Stage 7 234th to 228th St
Installation of planter strip, lighting upgrades, utility upgrades, and
capacity improvements at Hwy 99 @ 228th St SW. Install grade
separated bike lane and sidewalk on both sides of roadway.42,800,000$ Medium 10% 4,280,000$
R-08 Roadway SR-99 Revitalization Stage 8 224th to 228th St
Installation of planter strip, lighting upgrades, utility upgrades, and
install grade separated bike lanes and sidewalk on both sides of
roadway.39,500,000$ Medium 10% 3,950,000$
ATTACHMENT A
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R-09 Roadway SR-99 Revitalization Stage 9 216st St SW to 500' north of 220th St SW
Installation of planter strip, lighting upgrades, utility upgrades, and
install grade separated bike lane and sidewalk on both sides of
roadway.22,500,000$ Medium 10% 2,250,000$
SSW-01 Sidewalk - Short WALNUT ST Existing sidewalk to 7th Ave Construct curb, gutter, 5' sidewalk to design standards 390,000$ Medium 25%98,000$
SSW-02 Sidewalk - Short 234TH ST SW 84th Ave W to existing sidewalk by 82nd Pl W Build curb, gutter, 5' sidewalk to design standards 590,000$ Medium 25%148,000$
SSW-03 Sidewalk - Short 234TH ST SW 97th Pl W to 96th Ave W Construct curb, gutter, 5' sidewalk to design standards 860,000$ Low 15%129,000$
SSW-04 Sidewalk - Short Maple Street Existing sidewalk at 8th to 9th Ave Construct curb, gutter, 5' sidewalk to design standards 900,000$ Medium 30%270,000$
SSW-05 Sidewalk - Short 97TH AVE W 239th St Sw to 240th St SW Build curb, gutter, 5' sidewalk to design standards 950,000$ Low 15%143,000$
SSW-06 Sidewalk - Short 92ND AVE W 218th St SW to 216th St SW Construct curb, gutter, 5' sidewalk to design standards 950,000$ Low 5%48,000$
SSW-07 Sidewalk - Short 78TH AVE W 234th St SW to 236th ST SW Build curb, gutter, 5' sidewalk to design standards 960,000$ Medium 25%240,000$
SSW-08 Sidewalk - Short 80TH AVE W 220th St SW to 218th St SW Build curb, gutter, 5' sidewalk to design standards 960,000$ Medium 15%144,000$
SSW-09 Sidewalk - Short 84TH AVE W 186th St SW to 188th St SW Construct curb, gutter, 5' sidewalk to design standards 970,000$ Low 15%146,000$
SSW-10 Sidewalk - Short 100TH AVE W 238th St SW to 242nd Pl SW Build curb, gutter, 5' sidewalk to design standards 970,000$ Medium 15%146,000$
Total Cost TIF Eligible
High -$ -$
10 Medium 4,770,000$ 1,046,000$
Low 3,730,000$ 466,000$
Total 8,500,000$ 1,512,000$
High 10,840,000$ 3,073,000$
Medium 71,350,000$ 18,429,000$
42 Low 27,140,000$ 3,889,000$
Total 109,330,000$ 25,391,000$
High 72,360,000$ 7,377,000$
Medium 144,030,000$ 16,036,000$
11 Low 75,460,000$ 9,403,000$
Total 291,850,000$ 32,816,000$
High 99,420,000$ 39,559,000$
Medium 11,650,000$ 2,913,000$
9 Low -$ -$
Total 111,070,000$ 42,472,000$
High 9,840,000$ 2,981,000$
Medium 8,280,000$ 2,820,000$
8 Low -$ -$
Total 18,120,000$ 5,801,000$
High -$ -$
Medium 20,040,000$ 3,041,000$
8 Low 4,670,000$ 652,000$
Total 24,710,000$ 3,693,000$
High 192,460,000$ 52,990,000$
Medium 260,120,000$ 44,285,000$
Low 111,000,000$ 14,410,000$
Total 563,580,000$ 111,685,000$
Total
Sidewalk - Short
Sidewalk - Long
Roadway
Multi Use Path
Bike Lanes
Intersection
ATTACHMENT A
Item 2.3
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Item 2.3
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Main St.
Dayton St.
Civic
Park
Howell Way
Bell
S
t
.
Map of Downtown Business DistrictCvvceKoHQvD
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Item 2.3
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TRANSPORTATION IMPACT FEE AND
REVISIONS TO SECTION 3.36 OF ECC
Council Meeting
01/06/26
Item 2.3
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WHAT ARE TRANSPORTATION IMPACT FEES?
2
§Fees collected from developers
to help pay for transportation
infrastructure improvements
§Calculated from 20-year
transportation improvement
projects in Comprehensive Plan
§Measure development’s share of
project costs
§Updated Impact Fee law now
allows for inclusion of
pedestrian/bicycle projects to
support multi modal projects Existing Transportation Impact Fees (Municipal Code 3.36.125)
Item 2.3
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APPROACH TO UPDATING IMPACT FEES
3
Step 1:
Determine which
projects are TIF Eligible
Step 2:
Determine the Percent
of Project Costs that
are Eligible for TIF
Funding
Step 3:
Calculate the Per Trip
TIF Rate
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§Project improvements
based on the evaluation of
travel forecasts, safety,
LOS and active
transportation system gaps
§Projects widen corridors,
build sidewalks, add bike
lanes, enhance crossings,
construct new connections,
and improve intersections
§Project list includes
planning level cost
estimates
CAPITAL PROJECT MAP
4
Item 2.3
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Improvement
Type
# of Improvement
Projects
20 Year
Cost
Sidewalk 52 $ 117,830,000
Roadway &
Intersection 19 $ 316,560,000
Multiuse Path 9 $ 111,070,000
Bike Lanes 8 $ 18,120,000
Total 88 $ 563,580,000
CAPITAL PROJECT TYPE AND COST
5
§Which projects are TIF
eligible?
§What percentage of each
project is growth related?
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§Eligibility Based on Several Factors:
§Does the project address a level of service
(vehicle delay or sidewalk connectivity)
deficiency as identified in the Comp Plan?
§Is the project needed to accommodate
growth?
§Has funding been secured for the project?
DETERMINING ELIGIBLE PROJECTS
6
Item 2.3
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Item 2.3
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GENERAL TIF ELIGIBILITY GUIDELINES
7
Improvement Type TIF Eligibility based on:TIF % Range
Roadway & Intersection
% growth in vehicle trips (from
travel model)10 – 35%
Sidewalk
Proximity to Land Use
Growth/Development Activity 5 – 45%
Multiuse Path
Proximity to Land Use
Growth/Development Activity 5 – 45%
Bike Lanes
Assumed to be mostly covered
by roadway resurfacing 5%
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TIF ELIGIBILITY – ROADWAY & INTERSECTION
8
§Intersection Improvement
Projects
§TIF Eligibility based on
percent growth in vehicle
trips
§Some level of intersection
deficiency from existing
traffic – future share based
on how much forecasted
growth
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TIF ELIGIBILITY – SIDEWALK & MULTIUSE PATHS
9
§Sidewalk and Multiuse
Path Projects
§TIF Eligibility based on
‘Activity Center Score’
Activity Center Score % TIF Eligible
40 or more 45%
35 – 40 35%
30 – 35 30%
20 – 30 25%
15 – 20 15%
10 – 15 10%
Less than 10 5%
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TOTAL TIF ELIGIBLE COSTS
10
Improvement
Type
# of
Projects
20 Year
Cost
TIF Eligible
Cost
Sidewalk 52 $117.8 million $26.9 million
Roadway &
Intersection 19 $316.6 million $36.5 million
Multiuse Path 9 $111.1 million $42.5 million
Bike Lanes 8 $18.1 million $5.8 million
Total 88 $563.6 million $111.7 million
§Total TIF eligible fee ~$111.7 million
§Assumes that remaining ~$451.9 million
needed to fund transportation
improvements identified in transportation
master plan come from grants and other
city funds as needed
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Land Use Unit of Measure Current Impact Fee Rate Proposed Rate
Single Family Detached
Home Dwelling Unit $6,249.14 $8,613.66
ADU Dwelling Unit $3,124.57 $4,306.83
Apartment (low rise)Dwelling Unit $4,092.36 $4,816.24
Condo (low rise with
ground floor retail)Dwelling Unit $3,318.13 $3,334.32
Restaurant Per sq. foot $21.84 $48.46
PROPOSED IMPACT FEE
11
Developments within Downtown Business District
* Variety Store to be used for all retail developments with less than 1,000 sf
* Appropriate land use to be used if greater than 1,000 sf
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§Edmonds current TIF
rate slightly above state
average ($5,400)
§Increase inline with
other ‘peer’ agencies:
§Bothel = $12,140
§Shoreline = $11,057
§Redmond = $10,022
IMPACT FEE COMPARISON
12
Increase to $9,262 / trip
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* Approval of Transportation Impact Fee rate
* Approval of Ordinance revision the Impact Fee Provisions of
Section 3.36 of the Edmonds City Code (following 2024 Transportation
Plan Update).
CONCLUSION
13
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Item 2.3
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