2010.07.20 Transportation Benefit District Board A
AGENDA
City of Edmonds
Transportation Benefit District Board
Council Chambers, Public Safety Complex
250 5th Ave. North, Edmonds
______________________________________________________________
JULY 20, 2010
6:00 p.m.
Call to Order and Flag Salute
1. Approval of Agenda
2. Approval of Consent Agenda Items
A. Roll Call
B. AM-3220 Approval of Transportation Benefit District Board Meeting Minutes of July 13, 2010.
3. AM-3222
(30 Minutes)
Continued discussion regarding possible increase to TBD license fees to be placed on the
General Election ballot in November 2010.
4.Audience Comments (3 minute limit per person)
5. (15 Minutes)Board Comments
Adjourn
Packet Page 1 of 26
AM-3220 2.B.
Approve 07-13-10 TBD Meeting Minutes
Transportation Benefit District Board
Date:07/20/2010
Submitted By:Sandy Chase Time:Consent
Department:City Clerk's Office Type:Action
Information
Subject Title
Approval of Transportation Benefit District Board Meeting Minutes of July 13, 2010.
Recommendation
N/A
Previous TBD Action
N/A
Narrative
Attached is a copy of the draft minutes.
Fiscal Impact
Attachments
Link: 07-13-10 Draft TBD Minutes
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 07/15/2010 02:08 PM APRV
2 Community Services/Economic Dev. Stephen Clifton 07/15/2010 04:49 PM APRV
3 Final Approval Sandy Chase 07/15/2010 04:50 PM APRV
Form Started By: Sandy Chase Started On: 07/15/2010 02:04
PM
Final Approval Date: 07/15/2010
Packet Page 2 of 26
Edmonds TBD Board Draft Minutes
July 13, 2010
Page 1
CITY OF EDMONDS
TRANSPORTATION BENEFIT DISTRICT BOARD
DRAFT MINUTES
July 13, 2010
The Edmonds Transportation Benefit District Board meeting was called to order at 5:00 p.m. by Board President
Steve Bernheim in the Council Chambers, 250 5th Avenue North, Edmonds.
OFFICIALS PRESENT
Steve Bernheim, Board President
Strom Peterson, Board Member (arrived 5:02 p.m.)
D. J. Wilson, Board Member (arrived 5:10 p.m.)
Adrienne Fraley-Monillas, Board Member
Diane Buckshnis, Board Member
Lora Petso, Board Member
OFFICIALS ABSENT
Michael Plunkett, Board Member
STAFF PRESENT
Stephen Clifton, Community Services/Economic
Development Director
Phil Williams, Public Works Director
Rob English, City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. APPROVAL OF AGENDA
BOARD MEMBER BUCKSHNIS MOVED, SECONDED BY BOARD MEMBER FRALEY-MONILLAS,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
(Board Members Wilson and Peterson were not present for the vote.)
2. CONSENT AGENDA ITEMS
BOARD MEMBER BUCKSHNIS MOVED, SECONDED BY BOARD MEMBER FRALEY-MONILLAS,
TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Board Members
Wilson and Peterson were not present for the vote.) The agenda items approved are as follows:
A. ROLL CALL
B. APPROVAL OF TRANSPORTATION BENEFIT DISTRICT MEETING MINUTES OF JUNE
22, 2010.
3. CONTINUED DISCUSSION REGARDING POSSIBLE INCREASE TO TBD LICENSE FEES TO BE
PLACED ON THE GENERAL ELECTION BALLOT IN NOVEMBER 2010.
Public Works Director Phil Williams relayed staff did not have a presentation. This was intended to be a
continued Board discussion in preparation for determining a TBD license fee to place on the General Election
Ballot in November. The Board packet includes written responses to questions Board Members posed at the last
meeting as well as a list of projects that could be funded via various fee amounts. Staff is seeking direction from
the Board regarding the amount of the license fee as well as projects to be funded via the fee and staff will return
Packet Page 3 of 26
Edmonds TBD Board Draft Minutes
July 13, 2010
Page 2
with a detailed proposal for the Board’s review. He advised City Attorney Scott Snyder was prepared to provide
the Board further information regarding the City’s obligations under the GMA with regard to concurrency.
Board Member Buckshnis recalled concurrency at the three intersections on 9th Avenue could be addressed via a
$30,000 restriping project rather than the proposed $874,000 in signal projects. Mr. Williams agreed restriping
would improve conditions at those intersections for a significantly lower cost. Board Member Buckshnis
expressed support for increasing the TBD license fee to $40.
City Engineer Rob English distributed a 10 year and 20 year project priority list with a $20, $40, $60 and $80
additional TBD vehicle license fee.
Mr. Williams explained if the Council identified an amount for the TBD license fee, staff could identify which
projects could be funded via that level TBD license fee.
BOARD MEMBER BUCKSHNIS MOVED, SECONDED BY BOARD MEMBER FRALEY-MONILLAS,
TO ACCEPT STAFF’S RECOMMENDATION TO INCREASE THE TBD LICENSE FEE TO $40.
Board Member Buckshnis explained she chose $40 because her husband recently renewed his vehicle tabs for
his 2005 Jeep Rubicon and the cost was $140. She anticipated a TBD license fee greater than $40 would bring
the per vehicle license fee to over $200 which she viewed as too high. She anticipated reviewing the funding of
capital projects as part of the levy. Mr. Williams clarified staff has not made a recommendation regarding a
funding level; that was a policy matter for the Board to consider. Board Member Buckshnis clarified the
Citizens Transportation Committee recommended a $40 license fee. She requested the motion be revised to
reflect that.
Board Member Petso commented in reading the statute the first $20 was protected from the County forming a
TBD; the City would receive a credit toward that amount. However, the statute did not protect a higher voter
approved TBD license fee. Mr. Snyder responded there are maximums which if exceeded could restrict the
amount levied by the City’s. He explained if the County’s assessment reached a certain level, the City and
County would share the amount.
Board Member Buckshnis clarified her intent was a total TBD license fee of $40, not $40 additional. Mr.
Williams explained staff’s assumption was it would be an additional $40 TBD license fee.
BOARD MEMBER BUCKSHNIS WITHDREW HER MOTION.
Mr. Williams explained revisions were made on the 10 and 20 year project list to escalate the estimated
construction costs to the year of expenditure to reflect inflationary increases. Mr. English identified other
changes made to the plan:
The 4th Avenue Corridor Enhancement project was added as Project #28 on the 20 year list and Project
#26 on the 10 year list
Note 1 on both the 10 year and 20 year lists identifies the year to which the estimated construction costs
were escalated
Mr. English explained the list provided to the Board previously was the 10 year list; the 20 year list was an
attempt to illustrate projects that could be funded via a 20-year collection.
BOARD MEMBER BUCKSHNIS MOVED, SECONDED BY BOARD MEMBER FRALEY-MONILLAS,
TO ACCEPT THE CITIZENS TRANSPORTATION COMMITTEE’S RECOMMENDATION TO
INCREASE THE TBD LICENSE FEE AN ADDITIONAL $40.
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Edmonds TBD Board Draft Minutes
July 13, 2010
Page 3
Board Member Petso found this a very regressive form of taxation for the following reasons: 1) the number of
cars per household did not equate to wealth or ability to pay the tax, 2) the proposed fee is anti-business and
could be onerous on a business that was heavily vehicle dependent, and 3) the proposed fee was not as
environmentally favorable as some might think. For example, a family that provides a third vehicle for a high
school student has actually reduced their carbon emissions by eliminating the additional trips required for a
parent to drive the student to and from school. In addition she did not accept that all citizens have the option of
transit; some are physically unable to walk the distance to the bus stop and/or the lack of sidewalks may prevent
them from walking to a bus stop. She preferred to get back the original $20 that has “meandered into the
General Fund,” to fund transportation projects via the levy or to utilize other revenue options available under the
statute.
Board Member Fraley-Monillas commented that as a former member of the Citizens Transportation Committee,
she had an enhanced understanding of the projects on the list. She explained the addition of a $20 license fee
would only fund street overlays; it would not fund any other projects. An additional $40 would fund a walkway,
signage for bicycle loops, a badly needed concurrency project at Five Corners, and a signal upgrade at Main &
3rd. She encouraged Board Members to support the $40 TBD license fee and allow voters to determine whether
they supported a $40 TBD license fee.
Board Member Peterson expressed his support for the motion, commenting the work done by the Transportation
Committee and staff educated him regarding the City’s transportation needs. He pointed out projects such as the
Five Corners intersection improvements and the improvements at Main & 9th would reduce the amount of time
cars idled at those intersections, a serious environmental issue. Projects that reduce the amount of time cars idle
at stop signs was a good thing for the environment as are walkways and bicycle signage projects that encourage
people not to drive. If an increased TBD license fee discouraged people from purchasing a third car or to drive
less, he viewed that as a positive outcome. He commented on the number of cars each household has today
compared to 10-15 years ago. He anticipated voters would approve the proposed additional fee when they
learned of the work done by the Transportation Committee and staff and the projects that the fee would fund.
Board Member Wilson asked whether the motion was for a 10 year or 20 year fee. Board Member Buckshnis
answered it was a 10-year fee.
Board Member Wilson asked whether the proposed fee would reduce the expenditure from the General Fund.
Mr. Williams explained the additional $40 would be used entirely for transportation projects, split between
preservation overlays and the projects on the list. He anticipated there would be opportunities to stretch the
funds via developer contributions, grants, etc. Community Services/Economic Development Director Stephen
Clifton explained in 2009/2010 there were no monies budgeted for street overlays. If a TBD vehicle license fee
above $20 were approved by the voters, those funds would be used in part for street overlays. In response to
Board Member Petso’s comment that the existing $20 had “meandered into the General Fund,” Mr. Clifton
explained when the TBD Board adopted the initial $20 vehicle license fee, it was specifically targeted to fund
street operations. In 2009 and 2010, there is a General Fund subsidy of $700,000+ per year for street operations;
the collection of the existing $20 TBD vehicle license fee frees up $500,000 of current General Fund subsidy for
street operations.
Board Member Wilson recognized that the funds collected from the original $20 vehicle license fee were placed
in a separate line item in the General Fund. He summarized by approving the original $20 vehicle license fee,
the Board reduced the General Fund subsidy by $500,000. Mr. Clifton explained there are currently no funds in
the budget for street overlay. The additional TBD license fee was a new revenue source to fund street overlays.
Board Member Wilson expressed his continued concern that the City would not be completing projects quickly
enough. He referred to the projects on the 10-year list funded via an additional $40 vehicle license fee, noting
they were all worthy and appropriately prioritized from a policy perspective. However, from a political
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Edmonds TBD Board Draft Minutes
July 13, 2010
Page 4
perspective, he preferred to demonstrate as much progress to the voters as possible. In his opinion, a delay of 12-
24 months to begin the design process for Project #3 (212th @ 84th/Five Corners Intersection Improvement) was
too long to wait.
BOARD MEMBER WILSON MOVED, SECONDED BY BOARD MEMBER BUCKSHNIS, TO MOVE
UP PROJECT #11 (100TH @ 238TH UPGRADES) TO BE THE NEW PROJECT #3 AND MOVE ALL
OTHER PROJECTS DOWN ON THE LIST.
Board Member Wilson pointed out Project #11 was not in the Bowl but in the exterior of the community and
was a basic maintenance project that would have immediate impact to the neighborhood. The consequence is the
Bicycle Loop Signage (Project #5) was moved out of the projects funded via a $40 TBD vehicle license fee. His
intent was also to move the 212th @ 84th/Five Corners Intersection Improvement (Project #3) or 234th Street
SW/238th Street SW long walkway (Project #4) to fund several less expensive projects instead.
Board President Bernheim asked the rationale for increasing the priority of Project #3. Board Member Wilson
answered the overriding rationale was following the overlay there was a $160,000 project and a $30,000 project
followed by two $2.2 million projects that essentially eliminate funding for the remaining projects. Because
those two projects are so large, it will take years to accumulate the funds to begin the design process; none of
which will be evident to the voters. His intent was to move at least one of the $2.2 million down on the list and
replace it with several $100,000 to $300,000 projects.
Board President Bernheim asked whether Board Member Wilson’s intent was to eliminate one of the $2.2
million projects or move it down on the list. Board Member Wilson responded by moving projects up, the $2.2
million projects moved down on the list and were not funded via $40 vehicle license fee.
Board Member Buckshnis supported moving the $2.2 million projects down on the list and moving walkway
projects up.
Board President Bernheim asked staff to address the consequences of revising the priority of projects on the list.
Mr. Williams answered the priority was determined based on objective criteria and the most important projects
were toward the top of the list. There is also a difference between the number of projects funded via a 10-year
versus a 20-year collection of the additional $40 vehicle license fee. Further, if the Board were to decide to bond
for the projects, construction could begin within a few months of financing and could be completed in seven
years. He acknowledged there were pros and cons to bonding; pros include historic lows in construction costs,
low interest rates and the ability to accelerate projects and cons include the cost of interest.
Board Member Wilson requested an opportunity to confer with staff to develop a revised project list within the
10-year $40 license fee.
Board Member Buckshnis recommended prioritizing walkways and sidewalks and funding big ticket items via
the bond/levy/capital funding plan. She noted voters in Mill Creek recently approved a bond to fund
transportation projects. She anticipated the Levy Committee would consider bond financing. She preferred to
have the TBD vehicle license fee fund sidewalks and other projects that would be immediately visible to voters.
Board Member Petso suggested as Board Members were reprioritizing walkway and sidewalk projects,
consideration be given to increasing the priority of the 238th walkway project. She explained the addition of
Hickman Park in that neighborhood has significantly increased pedestrian traffic on the unimproved shoulder
area on 238th. She inquired about the risk of not funding concurrency projects. She anticipated if the
concurrency projects were not completed, many citizens would rejoice because nothing could be built and
developers would sue the City. Mr. Snyder commented because the concept of concurrency was new to several
Board Members, he had prepared a PowerPoint presentation regarding concurrency.
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Edmonds TBD Board Draft Minutes
July 13, 2010
Page 5
Board President Bernheim questioned how a presentation regarding concurrency related to the Board’s
discussion. Mr. Snyder explained the City Council was sitting as the TBD Board. Concurrency was a concept
that drove the staff’s recommendations and that the City Council needs to consider. The City Council must
identify projects, levels of service and funding in the Comprehensive Plan. The Council sitting as the TBD
Board is not bound by that and may use a different set of priorities to determine projects to fund. The purpose of
the presentation regarding concurrency was to explain why the City has an obligation to maintain established
levels of service and the timing of projects and consequences of not completing projects that maintain those
levels of service. He suggested an understanding of why staff used concurrency as a guide was an important
component of the discussion. He recalled Board Member Plunkett raised a question at the TBD’s previous
meeting regarding building roads for development. He clarified the City was building roads to, 1) meet
established levels of service, and 2) accept required population levels in the future. Board President Bernheim
suggested Mr. Snyder submit a hard copy of the presentation to the Board.
Board Member Petso asked whether projects could be moved up in the future if staff obtains grant. Mr. Williams
answered priorities could be rearranged via future action of the Board without a public vote.
BOARD MEMBER WILSON WITHDREW HIS MOTION.
BOARD MEMBER WILSON MOVED, SECONDED BY BOARD MEMBER BUCKSHNIS, TO AMEND
THE MOTION TO REVISE THE 10 YEAR PROJECT LIST AS FOLLOWS:
PROJECT #1 REMAINS THE SAME
PROJECT #2 REMAINS THE SAME
PLACE THE FOLLOWING PROJECTS BETWEEN PROJECT #2 AND #3:
NEW PROJECT #2.1 – EXISTING PROJECT #5
NEW PROJECT #2.2 – EXISTING PROJECT #7
NEW PROJECT #2.3 – EXISTING PROJECT #8
NEW PROJECT #2.4 – EXISTING PROJECT #9
NEW PROJECT #2.5 – EXISTING PROJECT #11
NEW PROJECT #2.6 – EXISTING PROJECT #12
NEW PROJECT #2.7 – EXISTING PROJECT #14
NEW PROJECT #2.8 – EXISTING PROJECT #15
NEW PROJECT #2.9 – EXISTING PROJECT #22
NEW PROJECT #2.10 – EXISTING PROJECT #33
NEW PROJECT #2.11 – EXISTING PROJECT #13
Board Member Wilson explained his motion retains all first five items in the existing 10-year project list except
one which is moved outside the funding amount and replaces that one item (current Project #4) with 11 other
projects. It also allows the City to begin the Five Corners concurrency project; enough funds would be available
at year six to begin that project rather than year two as proposed in the original 10-year project list.
BOARD MEMBER FRALEY-MONILLAS MOVED, TO AMEND THE AMENDMENT TO REMOVE
PROJECT #33 AND REPLACE IT WITH PROJECTS #31 AND #32 OR ONE OR THE OTHER IF
THERE WAS NOT ENOUGH FUNDING. MOTION DIED FOR LACK OF A SECOND.
Board Member Petso suggested moving up Project #33, the restriping of the two intersections on 9th Avenue to
temporarily meet concurrency be funded.
Board Member Wilson suggested voting on the amendment first and then making further amendments or tabling
the main motion to allow staff to provide a revised project list to the Board. Board Members could then propose
additional amendments at next week’s TBD meeting. He advised there was sufficient time to make additional
amendments before the Board needed to communicate to the Snohomish County Auditor with regard to placing
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Edmonds TBD Board Draft Minutes
July 13, 2010
Page 6
a measure on the ballot. Board President Bernheim preferred the second option and suggested Board Members
identify their project priorities over the next week.
Board Member Peterson understood the desire to increase the priority of walkways as well as to demonstrate
more progress sooner on smaller projects. However, the Council has a history of forming citizen committees and
then ignoring their recommendations. He believed in the TBD vehicle license fee and the project list as
recommended by the Citizens Transportation Committee. Although the Board could revise the project list to
move up projects that were more politically feasible, at some point the Board needed to trust the citizen
committee who held open houses and prioritized the projects in accordance with input from citizens. He was
concerned that continually second guessing citizen volunteers would result in fewer citizens volunteering.
Board Member Buckshnis supported the amendment in addition to the restriping projects on 9th Avenue. She
pointed out when the list was developed by the Transportation Committee, a bond/levy related to capital projects
was not an option. She anticipated that by educating the public, voters would support funding projects via a
capital bond. She summarized walkways were very important to public safety and anticipated that in order for
voters to support an increase in the vehicle license fee from $20 to $60, they would need to see funding for a
walkway in their neighborhood.
Board Member Wilson commented the projects proposed to be funded via a $40 vehicle license fee include only
one concurrency project; the amendment he proposed would fund two concurrency projects. He explained the
reference to political was not intended to be derogatory; the Board was a political body and asked for citizen
input. He viewed political as being representative of the public’s interest and preferred to fund projects
throughout the City rather than to fund only five projects. The one project from the original list of five projects
that he proposed removing was a long walkway; his amendment would replace that project with eleven smaller
projects.
Board Member Fraley-Monillas did not support the amendment, commenting the proposed project list was
political in nature. She helped prepare the project list while a member of the Transportation Committee. The
Committee held numerous open houses where citizens had the opportunity to identify projects they wanted. In
addition, members of Transportation Committee observed the areas where projects are proposed. She expressed
concern that the project list proposed by Board Member Wilson included a signal project when there was
opportunity to provide more walkway projects and restriping projects.
Board Member Petso suggested the Board delay action to allow citizens to contact Board Members with their
input.
Board Member Wilson suggested the Board vote on the amendment and then table the main motion until next
week when staff could provide a revised project list and the Board could gather further input.
Board President Bernheim did not support the amendment. He preferred the list be revised to include the
restriping projects described by staff that could replace the signal projects on 9th Avenue. In general he
supported the list as recommended by the Transportation Committee although he may support an amendment to
move up some of the smaller walkway projects.
UPON ROLL CALL, AMENDMENT FAILED (3-3), BOARD MEMBERS WILSON, BUCKSHNIS AND
PETSO VOTING YES; AND BOARD PRESIDENT BERNHEIM, BOARD MEMBERS PETERSON AND
FRALEY-MONILLAS VOTING NO.
Board Member Wilson suggested each Board Member identify potential amendments.
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Edmonds TBD Board Draft Minutes
July 13, 2010
Page 7
Board Member Petso requested staff provide an estimated cost for the restriping solution to the intersections on
9th Avenue and determine whether the priority of the 238th Street walkway needed to be modified in light of
Hickman Park.
Board Member Peterson agreed with having the estimated cost of the restriping of the Main & 9th intersection.
He was satisfied with the 10-year project list as proposed.
Board Member Fraley-Monillas was satisfied with the five projects on the 10-year project list funded via a $40
vehicle license fee. She reiterated the process used to determine the projects and their priorities, acknowledging
some Board Members’ interest in moving the $2.2 million projects down and moving up several smaller
walkways projects.
Board Member Buckshnis preferred to have some of the smaller walkway projects done sooner. She requested
the Board identify 5-6 capital projects that could be funded via a bond. She explained in addition to a General
Fund levy, consideration was being given to a capital bond.
BOARD MEMBER PETSO MOVED, SECONDED BY BOARD MEMBER FRALEY-MONILLAS, TO
TABLE THE MOTION. MOTION CARRIED UNANIMOUSLY.
Board President Bernheim suggested if Board Members planned to propose other amendments, they distribute
them to Board Members prior to the next TBD Board meeting.
Mr. Snyder reminded the Board must pass a resolution by August 3, 2010 to meet the deadline for the
November ballot. Staff would need to know the amount of the TBD vehicle license fee at least a week before
that date.
Board President Bernheim observed there would be ample time to prepare and submit a resolution to the
Snohomish County Auditor if the TBD Board made its decision at a meeting next week.
Mr. Clifton suggested Board Members submit their priorities to him by tomorrow and staff would create project
lists based on each Board Member’s priorities for review and discussion at the next TBD Board meeting.
4. AUDIENCE COMMENTS – NONE
5. BOARD COMMENTS – NONE
6. ADJOURN
With no further business, the TBD Board meeting was adjourned at 6:04 p.m.
Packet Page 9 of 26
AM-3222 3.
Continued Discussion Regarding Possible Increase To TBD License Fees
Transportation Benefit District Board
Date:07/20/2010
Submitted By:Robert English Time:30 Minutes
Department:Engineering Type:Information
Information
Subject Title
Continued discussion regarding possible increase to TBD license fees to be placed on the
General Election ballot in November 2010.
Recommendation
Previous TBD Action
The TBD met on March 23, May 4, June 22 and July 13, 2010.
Narrative
At the conclusion of the July 13, 2010 Board meeting, staff offerred to prepare a project list for
each Board member to help facilitate the discussion on finalizing a TBD project list. Attached
are project lists prepared by staff based on direction received from Board members DJ Wilson and
Steve Bernheim. Board member Diane Buckshnis provided feedback supporting Board
member Wilson's proposal to replace project #4 (234th St. SW/236th St. SW Walkway Project)
with smaller walkway projects. She also supported the option of making striping changes to
address concurrency at the intersections of Main St./9th Ave. and Walnut St./9th Ave.
The 10 and 20 year project lists provided by staff at the July 13, 2010 Board meeting are attached
as exhibits 3 and 4. Exhibit 5 is a memo prepared by the City Attorney regarding concurrency and
the City's obligations under the Growth Management Act.
Fiscal Impact
Attachments
Link: Exhibit 1 - DJ Wilson
Link: Exhibit 2 - Steve Bernheim
Link: Exhibit 3 - 10 yr list
Link: Exhibit 4 - 20 yr lsit
Link: Exhibit 5 - Concurrency Memo
Link: Exhibit 6 - Draft Resolution - Material Change Policy
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 Engineering Robert English 07/16/2010 10:12 AM APRV
2 Public Works Phil Williams 07/16/2010 10:17 AM APRV
3 City Clerk Sandy Chase 07/16/2010 11:10 AM APRV
Packet Page 10 of 26
4 Community Services/Economic Dev. Stephen Clifton 07/16/2010 11:27 AM APRV
5 Final Approval Sandy Chase 07/16/2010 12:22 PM APRV
Form Started By: Robert English Started On: 07/15/2010 04:20
PM
Final Approval Date: 07/16/2010
Packet Page 11 of 26
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15
of
26
DATE:
TO:
FROM:
RE:
MEMORANDUM
July 15,2010
Edmonds City Council
City of Edmonds
V/. Scott Snyder, Office of the City Attorney
Concurrency: The City's Obligations Under the Growth Management Act
Concurrency is a product of the tension between competing goals established by the Growth
Management Act. Chapter 36.70A RCW. The Growth Management Act (GMA) sought to
reduce sprawl by directing growth to urban areas where services are or will soon be available.
The GMA itself has competing goals that reflect the political compromises that helped create it:
l. Goal I - Urban Growth. (1) Encourage development in urban areas where adequate
public facilities and services exist or can be provided in an efficient manner. RCW
36.70A.010(1).
2. Goal 2 - Reduce Sprawl. (2) Reduce the in appropriate conversion of undeveloped land
in the sprawling low-density development. RCW 36.704.010(2).
3. Goal 12 - Public Facilities. (12) Public facilities and services. Ensure that those public
facilities and services shall be necessary to serve the development at the time the development is
available for occupancy and use without decreasing current service levels below locally
established minimum standards. RCW 36.704.01 0(12).
As you can see, the Growth Management Act forces new growth to existing urban areas and
requires the City to plan for that growth. The Western 'Washington Growth Management
Hearings Board has referred to these requirements as "truth in planning." Building of Clark
County v. Clark County, Western Washington GMHB, Case No. 04-2-0038(c).
The City has been assigned a population target of 44,860 through the year 2025. See attached
Exhibit A. That population assignment is cumently being adjusted to a new horizon of 2040.
{GJZ803319.DOC;1\00006.900000\ }A Member of the lnternational Lawyers Network with independent member law firms worldw¡de
1601 Fifth Avenue, suite 2100 . t"ilIT,vsIu;},;Li.6";106.447.7000 . Fax. 206.447 o215
Packet Page 16 of 26
Edmonds City Council
July 15,2010
Page2
Accepting this growth through appropriate infrastructure development is the City's obligation.
As will be discussed, this is not a gift to developers -- the City may assess impact fees to
reimburse the citizens for the costs associated with development, but planning for and providing
the infrastructure necessary for that development/population growth is the City's obligation.
Concurrency does not guarantee a set or better quality of life. Rather it requires that for the
facilities which the City is required to plan or for which the City chooses to plan, the City must
disclose in its Comprehensive Plan:
A. The amount and quality of services that the City will provide;
B. V/here and how it will provide them;
C. What level of service will be deemed adequate;
D. How much the facilities and services will cost; and
E. How they will be funded.
\ilhat is Concurrency?
Public facilities and services must sustain a defined Level of Service (LOS). Levels of Service
are established locally. An LOS must be maintained or provided concurrently with the impacts
of development or within a reasonable time thereafter. RCW 36.10A.070(6Xc); WAC 365-195-
210(2), (3) and (a).
The provision of transportation concurrency is an absolute requirement. RCV/
35.704.070(6Xb). As the GMA states:
...local jurisdictions must adopt and enforce ordinances which
prohibit development approval if the development causes the total
Level of Service on a locally owned transportation facility to
decline below the LOS adopted by the City.
Other Public Facilities.
Concurrency is optional but encouraged for other facilities. Permit denial is not required by the
GMA for other Level of Service deficiencies although certificates of water and sewer availability
are a requirement for any development.
In the City of Edmonds, only transportation concurrency has been required. Provisions of the
capital facilities of Edmonds and the Edmonds Comprehensive Plan, the transportation element
and the Comprehensive Plan's adoption of Level of Service standards are attached as Exhibits B,
C and D.
{ GJZ8033 I 9.DOC; I \00006.900000\ }
Packet Page 17 of 26
Edmonds City Council
July 15,2010
Page 3
What Concurrency is Not.
1. Concurrency is not an impact fee. The City can require payment of impact fees by
development. Typically, cities allow development to proceed upon payment of the development
fee. Under concurrency, however, development may be prohibited until an infrastructure or the
financing for infrastructure is in place, irrespective of impact fee payment.
2. Concurrency is not a guarantee of a particular Level of Service. The City has
considerable discretion in establishing a Level of Service. CPS GMHB Case No. 94-3-0016,
I(est Seattle Refuse Fund v. Seattle, (1995). Concurrency is not a tool to ration or prohibit
growth. The GMA requires the City's Comprehensive Plan to plan for and accommodate the
growth and population assigned to the City. Master Builders v. City of Sammamiså, CPS GMHB
Case No. 05-3-0041 (2006).
It is important to remember that transportation is a linked system or network. Concurrency
decisions made regarding one part of the network can impact other parts, creating a ripple effect.
Similarly, the elements of the Comprehensive Plan are interrelated. For example, concunency
decisions can impact plans for land use and economic development. Different plan elements are
linked and interrelated, and under the GMA must be consistent. Decisions regarding any
particular element of the plan must be considered for their impacts regarding related
Comprehensive Plan goals and policies. This is one reason why the City is required to amend its
Comprehensive Plan elements once a year and to do so in conjunction with each other plan
element.
Consequences of Violation of GMA Concurrency.
Any change in the City's Comprehensive Plan elements or failing to provide adequate funding
for scheduled projects can trigger a Growth Management Hearings Board appeal. If the
Comprehensive Plan elements or plans for funding its necessary infrastructure -- those required
as transportation improvements - are found to be out of compliance with the Growth
Management Act, a variety of sanctions are provided by statute and may be imposed by the order
of the Govemor.
Among those sanctions are:
l. A revision or reduction in "allotments" from the state budget.
2. Loss ofgrant revenue.
3. Reduction or loss of revenue from:
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Edmonds City Council
July 15,2010
Page 4
The motor vehicle fuel tax;
Transportation improvement fund account;
Urban arterial trust accounts;
Sales and use tax; and/or
Profrt and liquor excise taxes.
3. Temporary rescission of authority to collect REET (real estate excise tax).
These sanctions are authorized for violators under RCW 36.70A.340 and .345. These are
extreme sanctions and to my knowledge have not been levied to date. They are potentially
available under the GMA however, if the City fails to meet concumency requirements.
In addition, the City could be subject to temporary takings claims by developers. The U. S.
Supreme Court has held that temporary taking claims apply against governments that provide
self-imposed development moratoriums. That is, both to situations in which a community
imposes a moratorium and where local government fails to provide for legally-required
services and crates a functional moratorium. Tahoe -- Sierra Preservation Council, Inc. v. Tahoe
Regional Planning Agency, 535 US 302 (2002).
SUMMARY
The City's current Comprehensive Plan and development regulations require concunency for
transportation projects. The City Council has the option, but has not required concurrency for
water, sewer, parks, and other public facilities programs. The City has the obligation to prohibit
development until concurency is in place, but must in its Comprehensive Plan and construction
planning provide for the growth and development assigned to it under the GMA.
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Attachments
a.
b.
c.
d.
e.
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Population Table
Table 2: City of Edmonds
Historical and Projected Growth 1940 to 2025
Year
Edmonds
Population
Percent
Increase
Avg Annual
Increase
Snohomish
County
Percent
lncrease
Avg Annual
Increase
t940 1,288 tL%88,7 54
l 9s0 2,057 60%4.8%111,580 26%2.3%
I 960 8,016 290%14.6%172,199 54%4.4%
t970 23,684 t9s%tt.4%265,236 s4%4.4%
1980 27.679 t7%r.6%337,720 27%2.4o/o
1 990 30,7 44 tr%t.t%46s.642 38%3.3%
2000 39,5r5 29%2.5%606,024 30%2.7%
2025 44,880 t4%0.s%
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C api tal Facilities Element
Edmonds Comprehensive Plan
Concurrency Management
A. Goal. Provide a system of concurrency management that will assure that the
facilities needed to support city services are provide in a timely and coordinated
manner according to the following policies:
4.1 . For transportation facilities, assure that the facilities or services needed to
meet level-oÊservice standards are in place at the time of development, or
assure that a financial commitment is in place to complete the improvements or
strategies within six years. These facilities or services must be provided by
either the City or the appropriate public or private developer.
A.2. For all capital facilities, develop concuffency management systems to
manage the provision of facilities and services in order to achieve and maintain
level-oÊservice standards.
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Transportation Element
Edmonds Comprehensive Plan
Objective 19: Concurrency. Ensure existing and future development pays for the costs
of needed transportation improvements.
Policy lg.L Ensure that existing development pays for transportation improvements that
reduce or eliminate existing deficiencies, and pays for some or all of the cost to replace
obsolete or worn out facilities. Existing development may also pay a portion of the cost
of transportation improvements needed by future development. Existing development's
payments may take the form of user fees, charges for services, special assessments, and
taxes.
Poticy t9.2 Ensure that future development pays a proportionate share of the cost to
mitigate impacts associated with new facilities. Future development may also pay a
portion of the costs to replace obsolete or worn out facilities. Future development's
payments may take the form of voluntary contributions for the benefit of any
transportation facility, impact fees, mitigation payments, capacity fees, dedications of
land, provision of transportation facilities, and future payments of user fees, charges for
services, special assessments, ant taxes.
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Transportation Element (continued)
Concurrency and Level of Service Standard
Under GMA, concuffency is the requirement that adequate infrastructure be
planned and financed to support the City's adopted future land use plan. LOS
standards are used to evaluate the transportation impacts of long-term growth
and concuffency. In order to monitor concuffency, the jurisdictions adopt
acceptable roadway operating conditions that are then used to measure existing
or proposed traffic conditions and identify deficiencies. The City has adopted
LOS standards for city streets and state routes in the city that are subject to
concunency. Table 3-9 shows the City LOS standards.
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Edmonds Adopted Level of Service Standards
Table 3-9 Level of Service Standards
Facilify Standard
City Streets Arterials: LOS D or better (except state routes)
Collectors: LOS C or better.
State Routes: SR 99 north of SR I04: LOS E or better
SR 524: LOS D or better.
1. State routes designated as Highways or Statewide Significant are not subject
to concuffency and thus no City standard is defined for these facilities.
However, to monitor operations on Highways of Statewide Significance (SR
I04 and SR 99 south of SR I04), the City identifies existing or potential future
deficiencies if LOS E is exceeded.
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{WSS801296.DOC;1\00006.900000\ } - 1 -
0006.90000
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7/2/10
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, TRANSPORTATION BENEFIT
DISTRICT, ADOPTING A MATERIAL CHANGE POLICY.
WHEREAS, pursuant to RCW 36.73.160 and Section 6.05 of the Charter of the
Edmonds Transportation Benefit District, the Board is required to adopt a material change policy
that, at a minimum, considers the impacts and appropriate remedies if transportation
improvements contained in its annual plan exceed the original cost estimate for an improvement
by more than twenty percent (20%), and,
WHEREAS, the Board of the Edmonds Transportation Benefit District deems it
appropriate to adopt a policy for addressing material changes, as well as informing the Board and
the public of other significant changes in transportation improvement costs contained in its
annual plan, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Material Change. In the event that the cost of a transportation
improvement listed on the Transportation Benefit District’s (“TBD’s”) annual plan exceeds by
twenty percent (20%) or more the estimated cost for such improvement, the TBD Board shall
hold a public hearing regarding the change in costs and what, if any, action should be taken. The
TBD staff shall consult with the Board President when it has reasonable cause to believe that a
listed transportation improvement is likely to exceed its original cost by twenty percent (20%)
and consult with the Board President regarding setting a public hearing.
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Section 2. Material Change in Scope. In the event the scope of a transportation
improvement materially changes beyond the originally anticipated project shown in the annual
plan, TBD staff shall provide a written report to the TBD Board. The TBD staff shall consult
with the Board President who shall determine whether or not to convene a meeting of the TBD
Board for discussion of the change.
Section 3. Material Change to Schedule. In the event the schedule for a
transportation improvement listed on the annual plan materially changes in a way that could
reasonably be anticipated to significantly impact other TBD projects, funding or scheduling in
excess of ninety (90) days, the TBD staff shall provide a written report to the TBD Board. The
TBD staff shall consult with the TBD Board President regarding whether or not to convene a
discussion of the change.
Section 4. The TBD Board President shall determine whether or not to convene
a meeting of the TBD Board for discussion of material changes in scope or schedule. Nothing
herein shall be interpreted to prohibit the TBD Board from convening a meeting for discussion of
any change in cost, scope or scheduling.
RESOLVED this ___ day of ________________, 2010.
APPROVED:
TBD Board President
ATTEST/AUTHENTICATED:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
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