2023-07-05 City Council Special PacketOp E D
o Agenda
Edmonds City Council
tnl. }nyo SPECIAL MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
JULY 5, 2023, 7:00 PM
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"WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH)
PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE
HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR
SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL
CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT
1. CALL TO ORDER/FLAG SALUTE
2. LAND ACKNOWLEDGEMENT
3. ROLL CALL
4. PRESENTATIONS
1. 2023 Legislative Wrap -Up Report (25 min)
5. APPROVAL OF THE AGENDA
6. AUDIENCE COMMENTS
THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE
AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO
THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE.
Edmonds City Council Agenda
July 5, 2023
Page 1
RECEIVED FOR FILING
1. Written Public Comments (0 min)
2. 2024 Budget Priority Outreach Efforts Handout (0 min)
8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Special Meeting Minutes of June 22, 2023
2. Approval of Regular Meeting Minutes of June 27, 2023
3. Approval of claim checks and wire payment.
9. COUNCIL BUSINESS
1. Boys & Girls Club New Facility Design (20 min)
2. ARPA Use Ordinance (20 min)
3. Consolidated Approach for 2024 Comp Plan Update and Highway 99 Subarea Plan (30 min)
4. Letter to WSDOT Regarding Unocal Property (15 min)
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
ADJOURN
Edmonds City Council Agenda
July 5, 2023
Page 2
4.1
City Council Agenda Item
Meeting Date: 07/5/2023
2023 Legislative Wrap -Up Report
Staff Lead: Todd Tatum
Department: Community Services
Preparer: Todd Tatum
Background/History
N/A
Staff Recommendation
N/A
Narrative
The City's lobbyist, Debora Munguia will give an overview of the 2023 state legislative session. A copy of
the report is attached.
Attachments:
2023 Legislative Wrap -Up City of Edmonds
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4.1.a
2023 Legislative Session Wrap -Up
City of Edmonds
Debora Munguia
July 5, 2,02,3
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Legislative Overview
2021-23 Budgets
City Priorities
Additional Issue Areas of Interest
Looking Ahead and Next Steps
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Leg*isitom"Live overview
105-day biennial budget legislative session
Operating, Capital and Transportation Biennial Budgets
adopted
Democrats retain strong majorities in House and
Senate.
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2021-23 Bud�-
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$69.3B Operating Budget ($4-7B new spending; $3B in reserves) y
Behavioral health ($1.ZB) 0
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Public schools ($2.9B in new spending)
Affordable housing ($519M - combined with Capital budget exceed $1B)
Climate investments ($400M)
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^'1-23 Budgets
Capital
$9 billion Capital Budget ($4.7B financed with GO bonds, leaves $95.4
million in bond capacity for zoa4 supplemental)
$400M for Housing Trust Fund
$170M for additional investments in affordable housing and shelters
$224M for community -based behavioral health facilities
$613M for a 350-bed forensic hospital at Western State
$400M to PWAA for competitive awards
$25M for CERB
$423.8M for clean energy, energy efficiency and climate adaptation
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2021m23 Budgets
Transportation
$13.5B Transportation budget (phasing2021-2029)
Continuation of CW projects (s16B) and Move Ahead ($17B)
$5.4B to fund highway improvements and preservation
$iB towards the state's fish passage barriers
Traffic safety
Reducing carbon emissions (bicycle/ped infrastructure; public transit
services, electrify ports and other transportation equipment)
Declining revenue continues to bean issue
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4.1.a
-!fic Legislative Priorities
Phase $22.5M for SR 99 Project Stage 3
Extend Marsh first right of purchase in
transportation budget
Reallocate and increase Marsh capital budget dollars
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Additional Issue Areas of Interest
Housing
Blake Response
Public Safety
Climate Laws
Funding for Arts/Creative Economy
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Looking Ahead and Next Steps
Legislative changes
Interim work
Develop 2024 Legislative Agenda
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7.1
City Council Agenda Item
Meeting Date: 07/5/2023
Written Public Comments
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
N/A
Staff Recommendation
Acknowledge receipt of written public comments.
Narrative
Public comments submitted to the web form for public comments
<https://www.edmondswa.gov/publiccomment>
between June 22, 2023 and June 28, 2023.
Attachments:
Public Comment July 5, 2023
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7.1.a
Edmonds City Council Public Comments —July 5, 2023
Online Form was submitted on 6/23/2023 9:40:02 AM
FirstName Natalie
LastName Seitz
Email
CityOfResidence Edmonds
AgendaTopic Highway 99 Landmark Site
Comments Good Evening. I am commenting tonight as a resident. I want to express my
appreciation of the City Council and Administration for considering the Highway 99 Landmark Site. It
could be an incredible resource and I look forward to the community process! Thank you!
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7.2
City Council Agenda Item
Meeting Date: 07/5/2023
2024 Budget Priority Outreach Efforts Handout
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
On May 23, 2023 Council adopted a 2024 Budget Planning Calendar that included several June outreach
efforts to solicit public input on 2024 Budget priorities, including 2 public meetings in Edmonds
neighborhoods, and a public hearing.
Recommendation
N/A
Narrative
This information was distributed during the June 27 special council work meeting. It is a collection of
the council's outreach efforts throughout June regarding 2024 budget priorities.
Attachments:
2024 Budget Priority Outreach Efforts
Results from online feedback form
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7.2.a
2024 Budget Priority Outreach Efforts, June 2023
1. June 12, 2023 — Budget Outreach Workshop, Public Works Building — draft
minutes.
2. June 20, 2023 — Public Hearing on 2024 Budget Priorities — draft minutes
and written public comments.
3. June 22, 2023 — Budget Outreach Workshop, Meadowdale Clubhouse —
draft minutes.
4. Council President request for input Boards and Commissions — individual
emails and notes from Economic Development Commission agenda item
5. Online Feedback Form — SurveyMonkey report of responses
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7.2.a
EDMONDS CITY COUNCIL 2024 Budget Outreach Workshop
DRAFT MINUTES
June 12, 2023
ELECTED OFFICIALS PRESENT
Vivian Olson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER
The Edmonds City Council meeting was called to order at 7:00 p.m. by Councilmember Buckshnis in the
Public Works and Utilities Lunchroom 7110 210t1i Street SW, Edmonds.
2. INTRODUCTIONS AND BUDGET PROCESS
Councilmember Buckshnis introduced the Councilmembers and gave an overview of the budget process
and how the CFP/CIP ties into the budget. She explained that this year council was attempting to get as
much input prior to the budget process so Council could send the Administration information as to what
citizens are wanting.
3. 2024 BUDGET DISCUSSION
Facilitated discussion followed on three questions: What to keep? What to Cut? How to Pay for it?
Summary of citizen input:
Darrol Haug
• Glad that the budget process being done in this manner.
• Interested in the use of ARPA money and what have we spent?
• Roof leak at the library — mold is forming, doesn't think it should be pushed off to 2028, ARPA
funding should be done now.
• Public safety levy has been brought up twice by Dave Turley, a community meeting and budget
retreat.
• City added 36 people and that is a lot of salaries.
James Ognowski
• His process and concerns: what can the city afford to spend and forecasting?
• What are the non -essential services versus the essential services?
Edmonds City Council Draft Minutes
June 12, 2023
Page 1
Packet Pg. 17
7.2.a
• Do we need to increase property taxes or a levy to afford expenses?
• What can we cut?
• Have we overextended ourselves?
• Can we consolidate the city footprint or do we need all our locations and infrastructure?
• What are risks in future such as lawsuits or using ARPA money for recurring expenses?
• The Code rewrite should be a dedicated effort as well as the completion of the comprehension plan.
• ERP — how well has the Council vetted this process, budgetary aspect could have huge issue with
the actual ERP
• Expenses are outpacing revenues so what is the city to do as 55% of general fund is salaries and
benefits.
Clint Wright:
• Basic needs like sidewalks and infrastructure.
• Public Safety like police support. Police are needed on Hwy 99 how can we fix that?
• Our watersheds we have not addressed, have been neglected for years.
• Stop putting money toward the "missing link".
• Accountability of the human services department.
Roger Pence
• Missing Link could be designed coordinated with Ebb Tide to correct seawall and add walkway.
• Improve transparency and functionality with the city website. How does the PIO work with the
webmaster?
Kevin Fagerstrom
• ARPA funds use for major projects in water and sewer.
• ARPA funds and the fiber that is not being utilized.
Joe Scordino
• Funding in Perrinville changed by administration, need Council to give direction that is followed.
• Shell Creek example of a councilmember amendment addressing weir, administration took the
track of a study.
• Accountability — someone needs to stipulate who is responsible. Suggests a budget report to go
along with budget to specify accountability.
• PIO — what does this person do?
• CFP should be more of a long range look rather than every year.
4. ADJOURN
With no further business, the Council meeting was adjourned at 8:25p.m.
Edmonds City Council Draft Minutes
June 12, 2023
Page 2
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7.2.a
something on the north wall facing the park such as a living wall. Mr. Toukalas agreed that is a perfect
place to dress up the building; the five panels could include scenes, images of the original building, etc. He
suggested they leaving it to the artist to figure out the highest and best use of the panels, but they were open
to doing something. Councilmember Buckshnis recalled the height of the Edmonds Waterfront Center was
increased by three feet for sea level rise and suggested that could be used as an example.
Councilmember Chen commented this idea has been a long time coming and it was exciting to see
something happening. He agreed with Councilmembers Paine and Buckshnis that solar panels were a good
idea. He said friends who visited the Waterfront Center were disappointed they missed out on the
opportunity to be a solar champion. He suggested donations of $2000 to be a solar hero. He asked if the
building will have community meeting space for use by other nonprofits. Mr. Toukalas answered the space
will be available for use outside the BGC's hours; the ground floor is an open floor plan which could provide
opportunity for groups to hold meetings and there are restrooms and a kitchen on that floor. Councilmember
Chen commented there are other newly formed nonprofits that do not have the capability to raise funds that
could use the space.
Councilmember Chen observed the building appears to be a brick structure and asked if the design would
be earthquake resistant. Mr. Clark answered the building will be required to meet all seismic regulations.
The CMU block is a fagade on the outside of the structure; the main structure will be wood framing with
steel cross -bracing.
Mayor Pro Tem Tibbott asked about next steps for approving the design. Ms. Feser advised it is on the June
27 agenda for council approval or it could be moved to July if the council wants more time.
2. PUBLIC HEARING ON 2024 CITY BUDGET PRIORITIES
Mayor Pro Tem Tibbott explained the council held a budget workshop on June 12 and plans to hold another
on June 22. This public hearing is an opportunity for the public to comment in council chambers on the
2024 budget. A feedback form is available for the public to provide input to the council on priorities. The
council will meet before the June 27 council meeting to deliberate on budget priorities which will be
forwarded to the mayor in the form of a resolution. He reviewed the six priorities the council identified at
their budget retreat:
• Public safety
• Developing community spaces, parks, facilities, etc.
• Improve the way City government relates to citizens and improve transparency and functions for
citizen input
• Environment — restoring watersheds and using green technology
• Improve neighborhoods which includes walkability, beautification and business development
• Human services
Mayor Pro Tem Tibbott opened the public hearing.
Marjie Fields, Edmonds, thanked the council for providing opportunities for citizen input on the budget.
She expressed support for the following additions to the CFP: 1) construct a diversion structure on upper
Perrinville Creek to redirect excess stormwater that is destroying Perrinville Creek, 2) fix two bridges in
Yost Park to enhance outdoor recreation and public access. There are state recreation grants and park
maintenance grants that could fund this, and 3) modify the historic upper weir in Yost Park to preserve the
historic center structure and realign the creek channel away from the eroding bluff. She was sure the council
supported these environmental projects and hoped funding could be identified.
Edmonds City Council Draft Minutes
June 20, 2023
Page 9
Packet Pg. 19
7.2.a
With no further public comment, Mayor Pro Tem Tibbott closed the public hearing. He advised there would
be another opportunity to provide input at the budget workshop on Thursday, June 22 at 5 p.m. at the
Meadowdale Clubhouse.
Councilmember Paine asked when the survey closes. Mayor Pro Tem Tibbott answered the morning of
June 27. Councilmember Paine advised there are survey QR codes available, and the survey is available on
the council webpage. She encouraged the public to attend the June 22 workshop.
Councilmember Buckshnis said she did not see the form on the council website. It is available via the 2024
Budget section or the public can use the QR code. Mayor Pro Tem Tibbott advised it would be available
on the council webpage tomorrow.
Councilmember Nand advised the next budget workshop will be on June 22. Parks & Recreation has been
hard at work on a packet of budget amendments she proposed in 2023 regarding public cleanliness and
beautification for the business districts outside the bowl and will be presenting more information about the
incredible opportunities if council is willing to fund them to support business districts and small business
communities devastated by the pandemic, globalization, inflation, global supply chain issues, etc. These
are great ways to begin address the public cleanliness crisis with increased trash cans and recycling bins in
areas outside the Edmonds bowl and increase aesthetic appeal and hopefully pedestrian activity in other
business districts.
Councilmember Chen advised in addition to the June 22 outreach event at Meadowdale Clubhouse, the
Finance Committee, he and Councilmember Paine, are hosting a series of outreach events in various
locations in the City. The next one is 11 a.m. to noon on Saturday, July 8 at Mathay Ballinger Park, to
specifically talk about the South County Fire contract. He encourage the public to join them.
Council President Pro Tem Olson advised the link to the feedback form is on the council page on the City's
website via the section on the 2024 budget.
9. COUNCIL BUSINESS
1. DELEGATION BOND ORDINANCE
Administrative Services Director Dave Turley explained there is an opportunity to refund bonds that have
been outstanding for 10 years. Refunding bonds is similar to refinancing a house, but refunding can only
occur at certain times and a lot more work is involved. Usually, staff and a consultant come to council to
talk about a project, such as the incinerator project, and get authorization to sell bonds. This is an
opportunity to refund bonds and as long as the math works out and is favorable to the City, refunding will
proceed. Tonight, he was seeking authorization to begin the process which is earlier in the process than the
council is used to when selling bonds. Staff s recommendation is a motion to approve the 30-page bond
ordinance included in the packet.
Scott Bauer, NW Municipal Advisors, said as the City's municipal advisor, they regularly monitor the
City's outstanding debt for potential refinancing opportunities. Tonight the council has an opportunity and
a bond ordinance in the packet that would authorize the refinancing of the 2013 water and sewer revenue
bonds. He reviewed:
• Current Bond Market
o Long-term interest rates increased for much of 2022
■ Rates decreased at the end of 2022 and through January 2023, and are below the 2022 and
2023 peaks
o The charts below show an index of well -rated, 20-year, general obligation tax-exempt bonds
Edmonds City Council Draft Minutes
June 20, 2023
Page 10
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7.2.a
From: notification(alciviclive.com
To: Teitzel, Dave; Chen, Will; Tibbott, Neil; Buckshnis. Diane; Olson, Vivian; Paine, Susan; Nand, Jenna; Peterson,
Beckie
Subject: Online Form 2023-06-20 07:17 AM(MST) Submission Notification
Date: Tuesday, June 20, 2023 7:17:32 AM
Online Form 2023-06-20 07:17 AM(MST) was submitted by Guest on 6/20/2023 10:17:29
AM (GMT-07:00) US/Arizona
Name Value
FirstName Ken
LastName Reidy
Email
CityOfResidence Edmonds
AgendaTopic Yublic Hearing on 2024 City Budget Priorities
Short on time so will just remind Council of my public comments made
for the 2023 Budget Public Hearing: Mayor Mike Nelson, a man whose
Administration set up a hate portal, a man who accused unnamed City
Councilmembers of bullying City Staff, and a man who called actions of
the Washington State Supreme Court "barbaric", is proposing an in-house
city prosecutor. One of Mayor Mike Nelson's stated reasons for proposing
such is challenges with oversight of work being performed. Please do not
consider this proposal under Mayor Mike Nelson's administration. Next,
the November 20, 2012 City Council Meeting Minutes document the
following public comments: Ken Reidy, Edmonds, recalled during the
October 25, 2005 City Council meeting, former Development Services
Director Duane Bowman said he had been describing the need to update
the zoning code since he was hired in 2000. The comment was also made
that the City's code dated to the 1980s and piecemeal amendments make it
difficult to use and administer. Former City Attorney Scott Snyder stated
in his November 2007 City Attorney annual report that the biggest issue at
Comments the start of 2007 was the code rewrite. Mr. Snyder stated the intent was to
begin the rewrite last year (2006) and finish it this year (2007). Mr. Snyder
summarized that the code rewrite was approximately a year behind
schedule as of November 2007. Mr. Reidy pointed out five years have
passed and he questioned why the code rewrite had not been completed.
He urged the Council to include the proper amount in the 2013 budget to
complete the long overdue code rewrite from start to finish. Code rewrite
money has been budgeted multiple times, but Edmonds Mayors have
failed repeatedly to execute the budget. City Councils have refused to
represent their constituents by holding Mayors and staff accountable. To
'the 2022(now 2023) City Council, I urge you to include the proper amount
in the 2023 (now 2024) budget to complete the long overdue code rewrite
from start to finish. Also, the entire City Code needs to be updated. The
Edmonds City Code (ECC) - (sometimes called Edmonds Municipal Code
- EMC) also requires a Code Rewrite. The ECC consists of Titles 1
through 10 and addresses issues such as health, safety, finance, officials,
boards and commissions. Both parts of the CODE require Rewrite and that
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7.2.a
has been true for many, many years. Please budget accordingly.
To view this form submission online, please follow the link below:
https://edmondswa.gov/form/one.aspx?
obj ectld=l 962433 8&contextld=l 8452053 &returnto=submissions
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7.2.a
EDMONDS CITY SPECIAL COUNCIL MEETING
DRAFT MINUTES
ELECTED OFFICIALS PRESENT
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Susan Paine, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER
June 22, 2023
STAFF PRESENT
Beckie Peterson, Executive Assistant to Council
The Edmonds City Council meeting was called to order at 5 p.m. by Councilmember Dave Teitzel in the
Meadowdale Clubhouse, 6801 North Meadowdale Road, Edmonds.
2. OPENING REMARKS
Councilmember Teitzel introduced Councilmembers in attendance and gave an overview of the budget
process and the Budget in Brief handout. Councilmember Chen expanded on the handout to describe
additional factors (such as budget carry forwards and changes in anticipated revenues, and ARPA funds).
Councilmember Nand reviewed the top priorities identified by Council at the April Budget Retreat; police
presence on Hwy 99, Neighborhood Beautification and Cleanup, Human Services, Enhancing Trust and
Transparency in City Government and Environmental/Watershed.
3. BREAKOUT / DISCUSSION
Councilmember Nand asked each table to review the Budget in Brief handout and select one representative
to speak for the table of something they wanted to address.
Table 1: Police presence — improvements needed not just on Hwy 99 but please remember all of Edmonds.
Speeding traffic enforcement needed, consider speed bumps, cameras, specifically on 761}i Avenue.
Table 2: Public Safety Enhancements - $15,000 in the budget for traffic calming is not enough. Funds are
also identified for Pedestrian Safety. $1.7 million for Bicycle Improvement? Neighborhood has been
working since 2017 to get something done about concerns on 761}i Avenue, including public works, police,
mayor, city council. Asked those attending to stand up if they were here for the issue of speeding/ citizen
safety on 76t1i Avenue (15+ in attendance stood up).
Table 3: The budgeted amount for demolition of the Johnson property is not a priority.
Edmonds City Council Draft Minutes
June 22, 2023
Page 1
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7.2.a
Table 4: Same concerns of traffic calming on 76t1i Avenue. Every year a catastrophic auto accident occurs
and the neighbors are the first responders before police/medics arrive. It's preventable, and a matter of time
until a fatality. Need more funding for traffic calming. What is the cost of a stop sign? System for funding
projects in archaic.
Discussion continued about the efforts taken by neighborhood to address this issue. Twice they have
submitted petitioned this to be part of the traffic calming program, and did not get results. Some study
/speed assessment but haven't seen outcome of city efforts. Discussion about speeding enforcement,
physical barriers to slow down traffic and re -engineering of road. The straight-away on 76Ih is known to
many young drivers as RollerCoaster Road. High speeds result in cars becoming momentarily airborne;
fixing this roadway issue should be a priority to the city. Physical barriers to slow traffic (speed bumps,
turtles, stop signs). Another public safety issue is recreational drug use at Haines Wharf and youth impaired
driving.
Request to have councilmember facilitate a way to bring together Public Works, Police, elected officials
and citizens together for a solution. Recommended that 2024 Budget increase amount of funds to Traffic
Safety and Traffic Calming.
4. ADJOURN
With no further business, the Council meeting was adjourned at 6:15 p.m.
Edmonds City Council Draft Minutes
June 22, 2023
Page 2
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7.2.a
From:
To:
Subject:
Date:
ice scordino
Council
Council wants to hear from the community how to prioritize city spending (2024 Budget)
Friday, June 9, 2023 1:03:20 PM
Thank you for posting notice in My Edmonds News that you are actually seeking
public input on the 2024 budget process.
First — I implore the Council to first consider and adopt amendments to the 2023-2029
CFP/CIP before considering new decision packages and the 2024 budget.
This will allow Council to determine and authorize the "big ticket" items in the
2024 budget including directions to staff on priorities and where/when to seek
external (e.g., State/County/grant) funding to reduce the "burden" on local funds (i.e.,
the 2024 City budget).
Tentatively finalizing the CFP/CIP changes FIRST would also allow the public
to actually provide "informed" input on the CFP/CIP (i.e., long range capital needs)
when it is not mixed-up with new budget items (decision packages) and the urgency
of approving the next year's budget by December.
Second — the 2024 budget process should include REDUCTIONS as well as
increases to the 2023 budget. The Council should be asking itself whether all of the
current budget items are justified and/or accomplishing what they were supposed to —
if not, such budget items should be on the "chopping block" for discussion/action
(including possibly changing the purpose/approach for the budget item).
For example, in 2022 the Council increased the budget for the communications/public
information officer to a full-time position, yet the public has seen NO CHANGE in the
City Administration's communication on City issues nor response to public inquiries.
In fact, communication and "openness" of City administration has DECREASED
DRAMATICALLY over the past 3 years.
As part of the budget process, the Council should be considering either 1) reducing
the position back to half time (and save some money), or 2) clarifying/redefining the
Council's EXPECTATIONS for this budget item so it meets the expectations of the
increased budget.
This same approach is needed for other full-time positions added to the budget in
recent years. The Council should be asking if the needs for the positions have been
met or not, whether adjustments to the position expectations are needed, and
whether it is an area that budget reductions can now be made so that other pressing
issues in the City can be funded.
It is important for the Council to remember that although it cannot direct/supervise
City employees, the Council CAN USE the budget process to prioritize/require what
actions City employees do undertake.
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7.2.a
From: joe scordino
To: Council
Cc: Darrol Haug; James Ogonowski; CLINTON WRIGHT; ROGER PENCE; kevin(a)kevinf4council.com; Antillon, Oscar;
English, Robert
Subject: Capital Facilities Plan
Date: Wednesday, June 14, 2023 1:30:32 PM
Thank you for hosting Monday's 2024 Budget Outreach Workshop. This was a great
opportunity for the public to interact directly with Council Members on the formulation
of the 2024 budget.
As I mentioned at the Workshop, it wasn't clear to me (and others) that this workshop
was intended to include public input on potential amendments to the 2023-2029
Capital Facilities Plan (CFP) element in the City's Comprehensive Plan. I was
pleased to hear that the Council is intending to complete the CFP amendment
approval process in July well before the final 2024 budget approval process in the fall.
As requested at the Workshop, I'm providing my initial suggestions for amendments
to the 2023-2029 CFP. I'll likely have additional suggestions after I complete a
thorough review of the current CFP.
Please consider adding the below items to the CFP.
I don't have sufficient background information that City staff should have (Oscar and
Rob are cc'd) to provide an estimated cost for each (so staff would have to fill-in the
dollar amount), but would propose each item be financed with State/County/Federal
grant funds or direct appropriation from the State budget. Staff would also know what
City funds would be required for matching funds (if applicable), so I also ask that staff
include that in each item below. Staff should also note what shared costs with
another municipality (e.g., Lynnwood) would be appropriate.
1) Construct a diversion structure on upper Perrinville Creek to divert the excess
stormwater flows that are destroying Perrinville Creek. This diversion structure should
be constructed at the end of the piped component of the upper watershed in
Lynnwood and Edmonds (i.e., at or under the Perrinville Post Office) . The diverted
stormwater would be piped to flow under 76th Ave. down to Puget Sound exiting at or
near the Lynnwood Sewage Treatment Plant. The underground diversion pipe would
be adjacent to the existing Lynnwood sewage pipe under 76th Avenue. Treatment of
the diverted stormwater (to reduce pollutants into Puget Sound) could be considered
as a 2nd phase of this project with 100% funding from WA Dept. of Ecology.
2) Construct a wood boardwalk in the Edmonds Marsh that extends from Harbor
Square to the Willow Creek Salmon Hatchery along the old (removed by volunteers)
fence line adjacent to the re-established Shellabarger Creek channel. This boardwalk
and trail (on higher ground) would provide new outdoor recreation opportunity (and
bird watching) that is commensurate with the ecological functions of the Marsh. The
boardwalk would also provide the needed platform to maintain control of the invasive
plants that have become established and are damaging the natural functions of the
habitat. The 2023-25 State budget provided $500,000 for a similar boardwalk in
Packet Pg. 26
7.2.a
another municipality, so this may be an ideal funding source in next State budget
cycle.
3) Fix the two bridges in Yost Park (one closed and one with imminent closure) that
have/will prevent outdoor recreation and public access in the Park. State Recreation
grants and Parks Maintenance grants are available that can fully fund this work in the
near term. City may want to contract with a knowledgeable outdoor entity such as the
Washington Trails Association to do the work at reduced cost by using community
volunteers. This could include necessary trial improvements near the damaged
bridges and near edge of creek.
4) Modify the historic upper weir in Yost Park to preserve the historic center structure
while modifying/removing the wing wall as necessary to re -align the creek channel
away from the eroding bluff. This would include re -installing the wood bank protection
structures at west end of the downstream pond to prevent high flows from eroding the
bridge supports and adjacent banks.
I'm sure I'll have more suggestions for CFP amendments (as will others who heard
the request at the workshop) as I take closer look at the current CFP.
Packet Pg. 27
7.2.a
From: ice scordino
To: Council
Subject: Re: Council wants to hear from the community how to prioritize city spending (2024 Budget)
Date: Sunday, June 11, 2023 7:28:57 AM
Here's two items I'd suggest Council consider for the 2024 budget:
1) Increase contract to Sound Salmon Solutions to $50-$100K to:
Coordinate Community Volunteers conducting Habitat
Enhancement/Restoration work on City Property
Conduct watershed and salmon education/outreach with local schools and
community volunteers
Operate a volunteer salmon hatchery (Willow Creek) to increase salmon
occurrence in local streams
This contractual approach would be more cost effective and have broader positive
environmental impacts than hiring additional City staff.
2) Purchase 95x Main Street property for $200K
This property is being considered for an economic hardship waiver that would
allow building on sensitive, seriously errosive landscape along Shell Creek. City
purchased the properties around this site in past to preserve this natural area and
should continue that approach with this property.
Packet Pg. 28
7.2.a
From:
Darrol Hauo
To:
Council
Cc:
Darrol Haua
Subject:
Some history on Parks, Citizen View
Date:
Wednesday, June 14, 2023 2:44:12 PM
Hi Council, thank you for what you do. Tough job, not enough pay! At the
Budget input session at PW it was mentioned that it might be a good idea to
create some sort of board that works on park issues. Great idea to consider
how a citizens group can help sort out issues relating to Parks or for that matter
other departments. But sticking to Parks here is what was once done BY A
CITIZEN'S GROUP.
As part of our work on the SAP on of the items gains large community support
was finding a permanent funding plan for Parks. A group was formed, I think
there were 20 of us and it was let by Carrie Hite and Shawn ? the finance guy.
We met several times, sorting out a bunch of the issues and concluded that yes
we should find a permanent solution for park funding AND the vehicle to start
the whole process was to develop a Metropolitan Parks District. MPD can cross
city lines and cities can join together to jointly run parks.
Short aside: School district boundaries typically are pretty well defined and are
the single most important and costly community function. Using this boundary
may help do other multi city stuff.
The park study group highly recommended forming a MPD, Edmonds for
starters, and creating initially the Board to be City Council. Changing
boundaries and/or board as MPD matured was always available.
The we sorted out the funding piece and EVERY citizen was in TOTAL
agreement.
1. Sort out the total current funding for parks by revenue source. Share of
Property Tax base, programs fees, rentals, grants and so on.
2. The major funding sources was property tax from the GF. It was
measured in $/1000
3. Earmark the funding sources to MPD and away we go!!
All during this process we were shown how levies faired around the state. Park
Packet Pg. 29
7.2.a
Levies Passed More Than Any Other Levy!! So what's the issue? Fully fund
MPD using 123 above and if more money is needed in the future run a levy.
What staff wanted to do was not transfer all the property tax funding so that
the budget would not be balanced and run a levy to bring the budget back in
line and use the money not transferred from the GF as added taxes to the GF.
Use the popularity of Parks to fund an increase in the GF.
So yes let's think about a board or commission or something to oversee parks
The MPI would be best and set the stage for joining with other cities. But lets
not play games with the funding.
If it good for parks, maybe citizen oversite would be good for Public Works,
Watershed, Waste and Storm Water.
In a broader sense these citizen's groups serve as councils private staff helping
sort out issues.
Darrol Haug
Packet Pg. 30
7.2.a
From: Tibbott, Neil
To: Peterson, Beckie
Subject: Input about Budget from EDC
Date: Monday, June 26, 2023 10:25:21 AM
Hi Beckie,
In brief here are the suggestions I received from the EDC.
1. DEI Staff (one person)
2. Community Interest Survey - Data
3. Grant writer
There was a lot of agreement around our top 6 priorities. No one proposed another better
one for the list.
Top Priority related to Econ Dev was Neighborhoods
More later,
Neil
PS - Meeting with Chair and Vice Chair of Econ Dev later this afternoon to discuss Landmark99
and any other budget thoughts.
Neil Tibbott
Council President - City of Edmonds
Snohomish County Health Board
Snohomish Countv Cities Exec Committee
Phone: 425-478-4565
Council Office - 425.771.0248
121 - 5th Ave N, Edmonds, WA 98020
Packet Pg. 31
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q1 Are you an Edmonds resident?
Answered:125 Skipped:0
Yes
No .
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
Yes 95.20%
No 4.80%
TOTAL
3
O
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2
0
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Packet Pg. 32
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q2 Where do you live in Edmonds? (general neighborhood/area)
Answered:118 Skipped:7
North Edmonds
(Meadowdale...
Seaview /
Perrinville...
Maplewood/
College Plac...
Downtown/
Edmonds Bowl
Yost Park/
Chase Lake/ ...
Westgate/
Firdale Vill...
Hwy 99 /Lake
Ballinger area
I'm not sure.
Other (please,
specify)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
North Edmonds (Meadowdale area)
Seaview / Perrinville area
Maplewood/ College Place area
Downtown/ Edmonds Bowl
Yost Park/ Chase Lake/ 5 Corners area
Westgate/ Firdale Village area
Hwy 99 / Lake Ballinger area
I'm not sure.
Other (please specify)
TOTAL
# OTHER (PLEASE SPECIFY)
1 southwest Edmonds
RESPONSES
7.63%
9
22.03%
26
5.08%
6
25.42%
30
7.63%
9
15.25%
18
11.02%
13
0.85%
1
5.08%
6
118
DATE
6/19/2023 7:00 AM
2 / 20 1 Packet Pg. 33
Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk
2 MADRONA LANE
6/18/2023 8:35 PM
3 1 live in Edmonds
6/9/2023 1:11 PM
4 University colony just north of kaspers
6/6/2023 5:07 PM
5 Madrona school
6/6/2023 4:16 PM
6 Madrona
6/5/2023 11:05 PM
3 / 20 1 Packet Pg. 34
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q3 What is your connection to Edmonds?
Answered:5 Skipped:120
I work in
Edmonds.
1 used to live
in Edmonds.
live tan —is
area near an
I'm a frequent
visitor to...
I'm an
occasional...
Other (please
specify)
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
RESPONSES
I work in Edmonds.
40.00%
1 used to live in Edmonds.
20.00%
1 live in an area near to Edmonds.
40.00%
I'm a frequent visitor to Edmonds (weekly)
0.00%
I'm an occasional visitor to Edmonds (monthly)
0.00%
Other (please specify)
0.00%
TOTAL
# OTHER (PLEASE SPECIFY) DATE
There are no responses.
2
1
2
0
0
0
5 I
4/20
Packet Pg. 35
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q4 During our budget retreat, councilmembers identified several areas
they would like to see emphasized in upcoming years. Which do you think
the City should prioritize?
Answered: 110 Skipped: 15
5 / 20 1 Packet Pg. 36
Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk
1
Public Safety
Services-...
0
O
community
Spaces -... to
2
N
W
t
O
O
■
L
0
City
Government ...
=
�L
.O
IL
a�
a�
N
m
■
v
N
O
Environment
watershed... E
M
Neighborhoods ■
- enhancing...
Human services
- supporting...
0% 10% 20% 30% 40% 50%
60% 70% 80% 90% 100%
Not a priority M Low priorit... a High priorit...
6 / 20 1 Packet Pg. 37
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Public Safety Services - emphasis of police
presence and response along Hwy 99
Community Spaces - acquiring/improving parks and
facilities in areas lacking amenities
City Government - improving transparency, function
and citizen input
Environment - watershed restoration and green
technology/infrastructure
Neighborhoods - enhancing walkability,
beautification/clean up and business development
Human services - supporting Edmonds community
members
NOT A
PRIORITY
3.70%
4
15.74%
17
8.41%
9
8.41%
9
10.09%
11
9.35%
10
LOW PRIORITY FOR
THE NEXT 5 YEARS
17.59%
19
29.63%
32
36.45%
39
41.12%
44
27.52%
30
37.38%
40
HIGH PRIORITY FOR
THE NEXT 5 YEARS
78.70%
85
54.63%
59
55.14%
59
50.47%
54
62.39%
68
53.27%
57
TOTAL
108
108
107
107
0
c
109 =
107 t0
W
t
U
N
L
3
0
�L
�L
a
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N
O
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7 / 20 Packet Pg. 38
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q5 To balance the 2024 Budget as required by law, the City of Edmonds
has a number of options to consider. Which option would you prefer the
City use if needed to balance its budget?
Answered: 108 Skipped: 17
Reduce level
of City...
O
C
ca
2
Reduce/eliminat■
e services...
N
O
W
Increase user t
or service f... v
MM
L
3
Increase L O
property taxes
L
O
L
Other (please a
r
specify) O
3
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% m
ANSWER CHOICES
Reduce level of City services (hours, frequency of service)
Reduce/eliminate services offered by City
Increase user or service fees
Increase property taxes
Other (please specify)
TOTAL
# OTHER (PLEASE SPECIFY)
1 allow higher then 1% property taxes on structure value only
2 Trafic safety
3 Priority better with existing funding
4 Increase availability of some services online & have training available for those who are
computer shy.
5 Increase revenues
6 Edmonds is not broke. We don't need to cut anything
7 Look at efficiency of scale and admin staffing
8 Improve staff efficiency - require they do their job with exisitng or reduced staffing
RESPONSES
23.15%
9.26%
33.33%
13.89%
20.37%
DATE
6/26/2023 6:41 PM
6/22/2023 5:05 PM
6/22/2023 5:02 PM
6/21/2023 11:17 AM
6/21/2023 4:26 AM
6/20/2023 8:20 PM
6/20/2023 8:08 PM
6/19/2023 10:54 PM
25
10
36
15
22
108
N
O
N
8/20
Packet Pg. 39
Feedback to Edmonds City Council on 2024 Budget Priorities
9 Eliminate city positions -too many were added and the budget is now bloated going into a
recession
10 Need more information to know
11 1 don't have enough details to know how to answer
12 Increase the use of trained volunteers
13 Prioritize & be transparent about where money is going.
14 improve government efficiency and reduce waste of resources
15 make more efficient use of funds, don't hire outside consultants
16 Is there a way we could make some low fee parking...? Attractive parking lots? and charge a
small fee? Would help parking, and give the City a little more income.?
17 seek additional funding sources, balance sufficient and perfect
18 Increase revenues
19 Reduce expenses for items that aren't focused on existing citizens
20 Eliminate waste
21 Accelerate additional housing units of all kinds to increase tax base
22 Combination of reductions and user/service fees
SurveyMonk
6/19/2023 8:57 PM
6/19/2023 8:28 AM
6/19/2023 8:09 AM
6/18/2023 8:13 PM
6/15/2023 8:47 AM
6/11/2023 6:27 PM
6/11/2023 11:30 AM
6/11/2023 9:07 AM
6/7/2023 4:50 PM
6/7/2023 11:27 AM
6/6/2023 5:10 PM
6/6/2023 10:01 AM
6/5/2023 10:01 PM
6/5/2023 9:58 PM
0
c
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2
0
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g / 20 Packet Pg. 40
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q6 What are specific items that you would like to preserve funding for in
the 2024 Budget?
Answered:75 Skipped:50
#
RESPONSES
DATE
1
Recreation, parks, and other facilities that are fun and exciting.
6/26/2023 11:42 PM
2
new sidewalks in underserved areas, services and general investment in underserved areas
6/26/2023 6:44 PM
c
3
Services to help the most vulnerable in Edmonds, road safety improvements (focused on
6/25/2023 9:27 PM
=
walkers, bikers, all users!), climate plan work.
�
4
Parks, Police, Human Services
6/25/2023 12:02 AM
0
4:
W
5
Expanding and connecting Safe Routes to School, for walking and bicycling. Anything and
6/24/2023 11:48 AM
everything that can be done to mitigate global heating. (Climate Change is not strong enough
f°
a�
language to convey the urgency of this. It's all hands on deck or our children and grandchildren
will all suffer unimaginably.)
0
6
Police recruiting, climate control actions, outreach to all of Edmonds.
6/22/2023 10:07 PM
L
0
7
Human services and resources for people struggling with housing or food insecurity
6/22/2023 8:32 PM
a
8
Police and safety including traffic Sidewalks Parks
6/22/2023 5:26 PM
r
4
9
Park improvements, expansion
6/22/2023 3:42 PM
0
m
10
Public health and safety, education, environmental protection, green transportation strategies.
6/22/2023 2:15 PM
c
N
11
1 would like to see Human Services preserved, and in fact enhanced! I'm seeing so many
6/22/2023 12:21 PM
people's basic needs not being met, or the struggles that they are going through since the
E
L
pandemic, and I think if we focus on meeting those basic needs first, we would have less need
0
for public safety and would create a community where EVERYONE is thriving! I think we
should also have a more robust Communications division and a federal grant writer so that we
can access bigger pots of money!
a�
12
Human Services, planning / development staff for more housing & road crews
6/22/2023 11:48 AM
`~
m
c
13
Human services, creating more walkable streets in areas with more renters and marginalized
6/22/2023 10:00 AM
populations. Put more parks and green spaces in those areas too. Educating residents about
0
the new housing zoning laws and then dire need for housing stock and more housing
o
affordability.
,L-
14
Increase security along Hwy 99 in cooperation with Lynnwood & maybe Shoreline. If we have
6/21/2023 11:30 AM
N
another heavy rainy season, Perrinville Creek is become a real problem. We need to do
something about speeding up the Unocal site cleanup; the longer we wait the more expensive
CD
it will become not to mention the effect on the salmon & Orcas. Surely there are some outside
support Edmonds' share.
E
15
police and street maintenance. Basic city functions
6/21/2023 9:35 AM
is
16
Creating and preserving as many parks and green spaces as possible. Fighting against
6/21/2023 7:45 AM
r
Q
increased density
17
Support for climate action plan. More infrastructure outside the bowl. Human services.
6/21/2023 4:31 AM
18
Police and environmental issues (ie: protect the marsh, electric city vehicles, etc)
6/20/2023 10:25 PM
19
Protecting the environment. Once we lose our trees and damage our waterways, they are gone
6/20/2023 8:25 PM
for good. No amount of money can bring back a healthy environment once it is gone. Providing
a healthy place to live is the biggest service the city can provide residents.
20
Fighting climate change
6/20/2023 8:12 PM
10 / 20 1 Packet Pg. 41
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
21
Accurate projection and transparency of ARPA spending
6/20/2023 8:11 PM
22
Increase access to human services and increase low income housing access
6/20/2023 8:10 PM
23
Library
6/20/2023 5:10 PM
24
Public Safety . Cars are speeding everyday in front of my home on 76th ave West. I have
6/20/2023 2:30 PM
already been the victim of a MVA in my yard, costing over 10K in repairs. Someone is going to
die because of lack of speed controls
25
Need to budget funds to fix and repair city sidewalks and the property they already own before
6/20/2023 11:50 AM
spending on future projects
26
Comprehensive Plan update
6/20/2023 8:47 AM
27
Reducing crime with more police and more services to get people into treatment.
6/20/2023 5:54 AM
28
Basic essential municipal services
6/19/2023 10:59 PM
29
Public safety is the number one issue now, unfortunately. Funding needs to go to police and
6/19/2023 8:57 PM
prosecutors. Eliminate new park acquisitions, re evaluate spending on city department heads
salaries and bonuses. Focus on the basics starting with public safety.
30
Crime prevention. Regular sidewalks outside the Bowl. Parks outside of the Bowl. Parking in
6/19/2023 7:58 PM
the Bowl for citizens from all over Edmonds, Stop lights up hill on feeder streets to 220th and
212th and beyond. Speed bumps (motor cycles dodge plates). Prosecution of criminals, so
judges and attorneys who can incarcerate the violent or repeat offenders and will do so
(deterrent) I think it matters. We don't want to look soft on crime! Non violent with offenders,
yes of course. Help for Salmon runs. But cool it until we catch up choose the most important
areas first. Wait on Perrinville until Lynnwood ponies up. A full size full service Lawn and
Garden Center in EDMONDS. I suggest 5 corners area where the Day Care Centers may be.
Add more retail around that area with this TAX and its a lot for all of the plant sales that we
give King County and Shoreline. WE need our sales tax. NOT in the Bowl for this either with
prohibitive parking etc it needs to be centrally located. Come up the hill for this! Love
Florentine Club but they run out of plants in an hour it seems so we need this all spring,
summer and fall, even at Christmas time! This should be a slam dunk. Creates jobs too. I love
the fact you gave us room to write our views. THAT is how a city should operate. Thank you.
Its hard to remember all of the plans for our budget and confusing for many even if you show
us the legal eze written sites. Charge for parking (everyone even employees and store owners)
no more special treatment here. We do need special treatment for handicapped and just elderly
people who cannot scamper around due to physical issues not lack of wanting to. Stop with
the guilt by your planners and boards. New Mayor instruct them firmly. Save Trees as much as
possible everywhere. Choose builders and developers who respect what we want here and try
getting some people in front of us that are not from Seattle (a failed city at this point) Let your
city know you are doing this for all. Even the tougher approach on crime might help an addict.
Stop telling us things don't exist that we can plainly see do and have existed and we didn't
have a clue. We can't help Edmonds if we are not aware. WE need the park in Esperance for
ALL of the people we are putting in these Hwy 99 Buildings. How do we get it I don't know. But
I think the spot will serve our new residents well. As well as many who live above 9th Avenue.
I know this isn't a popular thought but the space where (the closet) for the DriftWood Players is
a lot of land..A lot of possibilities to build and take no views as the slope takes care of that
issue. Might cut down on wrecking neighborhoods etc. I would if possible make 212TH and
220TH a two lane both ways road. This will cut down on reckless driving and accidents and
road rage. Hindsight is only worth its weight in sand. If you have expensive and less expensive
in areas that lead into the Bowl you will have more interest from here and many other cities,
once here a shuttle down the hill if they like and they can shop there too. I can visualize all of
this working. Wait until I get to the reduction section. Ha. The boys and girls club ( since we
started this and I should have been centrally located but isn't) Should be sure before the
building is the water table there) remember what happened before. Well this time for this bring
in the best to evaluate this situation. Add to turf accordingly before we build. If I was the
Queen ha of Edmonds I would say this. WE have spent a fortune on Bike lanes and the
majority of people here do not use them. Wanting and encouraging will not make it so..
Catering to a very small % of Edmonds is wrong and it has cost us much. Stop it now. Stop
the green streets and taking parking and just like DT Edmonds these single family
neighborhoods have a lot of greenery bought and paid for by home owners and are maintained
by private citizens look around and you will see this. WE don't need encouragement to walk,
people walk if they can and WANT to. Our weather is bad in the winter now for one thing. Stop
11 / 20 1 Packet Pg. 42
Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk
31
32
33
34
35
36
37
38
39
40
all of this we want to be Europe for awhile and be happy we have what we do here. Wait until it
can be afforded by citizens TAX dollars. We don't have to do everything right now. We don't
have to have a move in ready for younger taxpayers for everything. They too if they want to
live here will do their part in the years to come. Edmonds as a very mixed in all ways city is
wonderful. I love this but but as it is many are not being considered. The Bowl is lovely. I love
the Art but we do waste and not tell. We don't look for better deals and we ad in the bowl all
kinds of expensive outdoor Sunset, The Beaches. You are paying too much. Find Artisans that
might even incorporate volunteers to help and teach them how to do mosaic etc etc. Its not
that hard. I made them for years. I know. The retailers in Edmonds say ( it was in the MEN)
that they in the Bowl are doing well $. 1 am glad but its not enough for the whole city to benefit.
THIS is why you need the Large Garden year round tax maker. With like I said little shops that
also sell pretty things and Art etc. We bring in more tax money. I would prefer to give that tax
money to Edmonds. I love Sky I have shopped there and spent a fortune all of these years.
Every tree every evergreen and shrub and perennials and annual I have was purchased there.
How many here who spend big bucks want to go to Ballard these days? We also should
encourage these garden markets with the produce as plentiful and high quality as is in the
BOWL. Not on 99 perhaps but places those who cannot find parking can go to get all of those
things too. You might leave out the retail artsy stuff and keep that in Edmonds B for the
markets. But the produce and the other locally made items that are food related should be in
this market up hill. Encourage all of Edmonds to shop everywhere. We should move our police
department up hill or like half way up to allow them better access all over the city instead of
spending a fortune as we are going to we could build a new one and this frees up some more
lots of room for more retail in the Bowl. Think about it. It is clear that crime may not leave
Edmonds and as you see and this is just what we know that a lot of the crime is in the Bowl
and near our Hospital. Our Hospital is under attack! Not cool. I believe we should move the
police so they can protect our hospital and staff and patients. Move any rehab to a location out
of neighborhoods. I am for rehab but this area too is undersiege. Lots of children and
vulnerable live here and other spots that are not in the Bowl. THESE are your taxpayers too
and most won't try loopholes with their taxes. I don't. People have paid a million plus and still
are for property up here. That is good for Edmonds tax dollars too. I don't know ok but why are
we spending money in these near to us cities when we are in $ trouble. Don't they have their
own space to use to make money and tax dollars. I think they do. But if we continue to hold
evey other cities hand well we aren't going to get a leg up and also then like the deterrents I
mentioned here they too will plan ahead and for now knowing they must find a way just like WE
are. I have lived here in Edmonds for 32 years I remember everything. We are the Gem on the
sound. It costs a lot to maintain that status for Art all of it. I have nothing at all against Lynn or
Mount but show us how much space is available there. So we know if they too are running out
of space. Like it or not you do need a PAY by the hour Parking Garage in the Bowl. You could
have the bottom floor as retail space. Two storys possibly like Nord you could leave the top
floor with no roof but you need an elevator just like at Nord to be compliant. Not all here are
going to use city busses to shop. That is a fact. Right now its not that safe. It is inconvenient
for older and medium age citizens to shop and carry their expensive items on a city bus and
then walk home! Come on. I hope that many who drive buy electric cars and buy them if they
want to. And think that technology is here to stay. I am not sure about this. I hope they find a
way to make them safe and efficient and truly affordable but this will take time?
Sidewalk construction
6/19/2023 9:15 AM
Safety in schools & throughout Edmonds
6/19/2023 8:33 AM
Public safety, parks, basic services to residents. But again I don't have enough details to
6/19/2023 8:11 AM
really know how to answer.
sidewalks, parks in our neighborhood
6/19/2023 7:05 AM
Not sure
6/19/2023 7:03 AM
human services, street improvements/safety for people walking/rolling/biking
6/19/2023 5:46 AM
POLICE PROTECTION
6/18/2023 8:38 PM
Safety
6/18/2023 8:24 PM
Public Safety and community investments in parks.
6/18/2023 10:41 AM
Parks in Hwy 99 area; support for neighborhood groups to work with police in helping with
6/18/2023 9:37 AM
issues in the neighborhood. More sidewalks in Hwy 99 area
12 / 20 1 Packet Pg. 43
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Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Sidewalks, streets & a parking facility.
6/15/2023 8:54 AM
It is OFFENSIVE that you did not include Public Education among our priority options to rank
6/12/2023 4:02 PM
on this survey. On that basis alone, this survey should be repeated.
Capacity to apply for state and federal grants
6/12/2023 3:54 PM
acquiring more open spaces and parks. save the Perrinville Woods. create a Tree Voucher
6/12/2023 12:25 PM
Program for Edmonds Citizens. create or join a regional Tree Preserve where we can plant new
conifer trees to replace all the mature conifers being chopped down. start buying electric trucks
and cars to replace all gas/diesel trucks/cars in City fleet. electrify all City buildings'
heating/cooling systems. create a Street Tree program to plant appropriate Street trees along
all our major arterials.
Address public safety concerns and reduce crime by deploying resources to where it is needed
6/11/2023 6:34 PM
on Hwy 99 and the Lake Ballinger area.
-0
Anything to do with Environment... and Police Services. We have a great Police Dept!
6/11/2023 9:09 AM
c�
=
repairing/maintaining the library building complex
6/11/2023 7:28 AM
,o
W
Police
6/11/2023 7:25 AM
t
Safety Services
6/11/2023 6:41 AM
v
i
Safety and more options for affordable living for middle class workers
6/11/2023 1:01 AM
.r
3
O
streets, public safety, city staff
6/9/2023 2:29 PM
L
0
Smart use of remaining ARPA funds
6/9/2023 1:56 PM
a
Street repair. Sidewalk repair. Public input and evaluation of items relating to the revision of the
6/9/2023 12:34 PM
r
0
vm
comp plan.
m
Parks, growth and density management, transparency in council policies and decisions
g Y 9 p Y p
6/9/2023 10:14 AM
�
Improving walkability in neighborhoods without sidewalks. Especially near hwy 99
6/8/2023 4:32 PM
N
CD
N
Claming traffic on 76th Ave from Perrinville north to Lund's gulch and Medowdale road
6/7/2023 5:09 PM
E
intersections.
,o
Human Services
6/7/2023 12:34 PM
0
Improving accessibility to existing structures and outdoor accessibility obstacles
6/7/2023 8:39 AM
m
a-
Public safety by far. Especially with increase in drug use and user encampments.
6/6/2023 7:30 PM
m
c
Safety and basic services like walkable sidewalks instead of bike trails I'm not sure this
6/6/2023 5:53 PM
qualifies as preserve because we don't seem to invest in adequate sidewalk maintenance,
0
ADA requirements and parking. Basic services
o
Do a good job with Comp Plan, so it reflects the will and the vision of Edmonds' residents
6/6/2023 4:23 PM
L
4-
r
Green space and tree canape and access through trail systems
6/6/2023 4:21 PM
CD
Community -building and neighborhood -building measures
6/6/2023 4:12 PM
public safety
6/6/2023 2:00 PM
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Climate & diversity efforts
6/6/2023 12:00 PM
t
U
Street & sidewalk maintenance, care of parks department sites, city services, transparency
6/6/2023 10:06 AM
r
Q
issues
First responders
6/6/2023 8:26 AM
More effort to keep city clean and free of vandelism
6/6/2023 8:01 AM
Public safety for roads, sidewalks, crosswalks, effective speeding enforcement.
6/6/2023 6:55 AM
Public safety (fire, police, etc.). Development of the pocket business zones so that everyone
6/6/2023 6:41 AM
lives within a half mile of some sort of grocery store
police, roads, sidewalks, public infrastructure
6/6/2023 5:02 AM
13 / 20
1 Packet Pg. 44
Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk
72
73
74
75
Social worker and human services Police department Fire and public safety Parks and 6/6/2023 4:32 AM
arts/Frances Anderson Center/Waterfront Center/Dog Park
Human Services, Public Safety, Streets & sidewalks, 6/5/2023 11:25 PM
Police department 6/5/2023 10:20 PM
Public safety, public services 6/5/2023 10:03 PM
14 / 20 1 Packet Pg. 45
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q7 What are specific items that you would like to reduce funding for in the
2024 Budget?
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Answered:69 Skipped:56
RESPONSES DATE
Marsh or watershed restoration.
6/26/2023 11:42 PM
amenities in well served areas. Put large expenditures in well served areas on the ballot
6/26/2023 6:44 PM
-oa
c
None, increase revenue.
6/25/2023 12:02 AM
=
Enhancing the Arts Corridor and tourist attractions are all very nice, but not as urgent as
6/24/2023 11:48 AM
O
mitigating global heating and making our streets safer for ALL users, not just cars.
W
Litigation against the Enb Tide re the missing link.
6/22/2023 10:07 PM
Not sure
6/22/2023 8:32 PM
.r
3
Climate and green Equity Outreach
6/22/2023 5:26 PM
0
Park services ,
6/22/2023 5:22 PM
o
.L
Not focused on reducing funding
6/22/2023 3:42 PM
a
1. Any events that harm rather than enhance Edmonds' carbon footprint. 2. Reconsider non-
6/22/2023 2:15 PM
r
a�
Im
catalytic converter antique car shows. 3. Any item that does not contribute to lowering
m
greenhouse gas emissions. 4. Any area that is much less a priority than climate mitigation and
adaptation.
c
N
Less policing and such heavy emphasis on "the bowl" amenities, with more emphasis on outer
6/22/2023 12:21 PM
areas.
E
L
O
nothing comes to mind
6/22/2023 11:48 AM
Y
Take a very hard look at the neighborhoods that get more of the focus and funding, and
6/22/2023 10:00 AM
allocate budget more equitably so the other areas that are underserved are treated and
supported equitably
4-
I can't think of anything. Right now I'm fighting COVID & haven't been able to concentrate long
6/21/2023 11:30 AM
4)
S
enough to really read the budget.
o
arts, creative district, expensive consultants
6/21/2023 9:35 AM
p
L
4-
Business development, anything that leads to increased density
6/21/2023 7:45 AM
r
Police station perimeter fence
6/21/2023 4:31 AM
N
O
W
The arts Corridor seems like a big waste to me. Also I suspect the people living on fourth Ave
6/20/2023 8:25 PM
r
don't want their neighborhood upended.
y
E
Professional services - Tree Board is using an east coast consulting firm.
6/20/2023 8:11 PM
O
Not sure
6/20/2023 8:10 PM
Q
Street repairs
6/20/2023 5:10 PM
Code enforcement
6/20/2023 2:30 PM
Cap all salaries
6/20/2023 11:50 AM
Unhelpful projects such as Reimagining City Streets. 6/20/2023 8:47 AM
Any social programs that don't have clear traceable goals and outcomes. 6/20/2023 5:54 AM
Human services and unachievable goals (e.g., affordable housing) 6/19/2023 10:59 PM
15 / 20 1 Packet Pg. 46
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ce
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Feedback to Edmonds City Council on 2024 Budget Priorities
City employees. Get them back in the office and cut hours they work
No more BIKE lanes for now anywhere. That is a problem. NO parklet to let walkers sit for a
bit. NOT now. I would be real careful on our library too. Do we have to have a roof garden. It
will probably flood again and we all know a new library is coming to town. So start looking for a
spot for that that is also centrally located. This is an old building and you can only ignore this
for so long. I know you like the Art Plaza. I see this now. I understand it too. But for now I
think we might want to go back to the drawing board on this. It is Sno Isle not Edmonds library
really it is. It is for our citizens and well it should be used as such. We can't make every single
thing we do about Art it would be lovely but we really can't. Why do we need sleeping space for
ball players in one of our Art complexes? I suggest neighbors offer space to sleep for a night
or two or build a hotel that is for paying customers maybe in Ferndale is it? If people do come
to Edmonds on vacation and are not visiting someone who lives here where do they stay? Any
room at the Ebb? If so how far do they book out? AH good grief so much to do, so much to
think about. Nothing is a sure thing for anyone and now it is much worse in our area. People of
money are leaving here to go to someplace else as they are fed up. Those people make up a
lot of your tax base. I watch the housing market here like a hawk. I did sell Real Estate for
awhile and I predicted it would go up and it is. It will always go up here on one of the last and
only cities directly on the Sound. Now that SF has fallen I wonder how Monterey and Carmel
are doing ? Anyone know? Or is freaking out! Talking about forming their own state ha. Oh
Boy. I wish you luck. I like our CC and I care about all in Edmonds.
Consultant to create master park plan for the donated house property, development of the new
property
Need more info
Don't know what the options are
none
Not sure
POLICE
NOTHING
Don't know enough about the 2024 budget
Community Court space at Hwy. 99. Not sure we're getting a decent return on the investment
for this space.
I don't know the budget well enough to say what I think should be reduced. Overall, though,
spend more money outside the bowl where more of the revenue for the city is generated.
Items that do not help or affect the majority of the citizens.
Mayoral and City Councilmember salaries.
Historic preservation of downtown Edmonds
The City should be careful about expanding its workforce and only hire when it is absolutely
needed.
outside consultants unless a very specialized knowledge set
Don't know...
I can't think of anything
city government
the court
Fewer new police cars
Examine all the new positions added to see if the public really supports and is willing to pay for
these positions. Bike lanes.
unsure
Any improvements or funding for projects in the bowl. It's time to pay more attention to areas
SurveyMonk
6/19/2023 9:30 PM
6/19/2023 7:58 PM
6/19/2023 9:15 AM
6/19/2023 8:33 AM
6/19/2023 8:11 AM
6/19/2023 7:05 AM
6/19/2023 7:03 AM
6/19/2023 5:46 AM
6/18/2023 8:38 PM
6/18/2023 8:24 PM
6/18/2023 10:41 AM
6/18/2023 9:37 AM
6/15/2023 8:54 AM
6/12/2023 4:02 PM
6/12/2023 3:54 PM
6/11/2023 6:34 PM
6/11/2023 11:30 AM
6/11/2023 9:09 AM
6/11/2023 7:28 AM
6/11/2023 7:25 AM
6/9/2023 2:29 PM
6/9/2023 1:56 PM
6/9/2023 12:34 PM
6/9/2023 10:14 AM
6/8/2023 4:32 PM
0
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16/20
Packet Pg. 47
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
that have not received enough attention in the past. Especially close to hwy 99.
52 Eliminate leafblower turn -in incentive. 6/8/2023 3:55 PM
53 Consultants to rewrite reports that are unnecessary 6/7/2023 12:34 PM
54 1 am not sure if these are actual budget items or grants but special interest aspects of the bike 6/6/2023 5:53 PM
lanes and other aspects of public use (pentanque)
55 Staff initiatives that don't reflect our values. EG revisioning city streets 6/6/2023 4:23 PM
56 Committees and surveys that achieve little and cost an outrageous amount. Hire the right 6/6/2023 4:21 PM
people to get the jobs done, eliminate staffing redundancies, and table the political posturing.
57
If needed, environmental efforts, only because it's not an issue a single city can really impact.
6/6/2023 4:12 PM
We'll have better outcomes serving community needs
58
Social services, out reach programs, and activities that recognize and promote racial and
6/6/2023 4:02 PM
c
=
social differences instead of bringing people together.
W
_
59
4th ave arts corridor
6/6/2023 2:00 PM
LLI
60
Increasing taxes?
6/6/2023 12:00 PM
61
4th avenue corridor project
6/6/2023 10:06 AM
M
62
Payroll of mayor and those at top making too high an income
6/6/2023 8:26 AM
O
63
Anything that can be supported from other sources such as federal $ or grants.
6/6/2023 8:01 AM
'o
.r
64
1 believe the city is doing a good job managing the budget. So the only way to improve more is
6/6/2023 6:55 AM
a
to increase revenue.
aD
a�
65
Refurbishing parks
6/6/2023 6:41 AM
m
66
general services in department budgets (consulting fees), anything unnecessary for basic
6/6/2023 5:02 AM
government operations.
N
c
N
67
Nothing
6/6/2023 4:32 AM
E
L
68
As much as I like to see funding for Highway 99, 1 don't agree with the areas where you have
6/5/2023 11:25 PM
closed off areas to turn. Beautification is one thing but why hasen's a Chamber of Commerce
in the 99 Corridor been started?
f°
69
Wasteful spending
6/5/2023 10:20 PM
17 / 20 1 Packet Pg. 48
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
Q8 Are there new items that you think would be helpful to consider for the
2024 Budget?
2
3
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7
8
E
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901
21
Answered:56 Skipped:69
RESPONSES
99 landmark, stormwater treatment at newly acquired property on SR104, REDI program
manager
More bike/ped safety improvements, middle housing, things for non -bowl neighborhoods
Garbage/shopping cart clean up (volunteer group led by PD/Streets) need trailer and staff lead.
Not sure
Big mistake- smaller govt is the answer
Improve citizen safety by calming traffic measures since this is low level.
no
Climate Action Plan implementation funding, Climate Adaptation Plan development,
Vulnerability Study, and Sea Level Rise Study. Also, add a Climate Action Coordinator to
oversee all plans and studies.
I think we should seriously consider moving the Human Services department, food bank, and
any other related services up to the"uptown" area where the needs are much higher, and where
the neighborhood office is. Bring the services to where the people are, versus making it more
of a barrier for them to get down to the bowl. Also, create a multi -resource center, connected to
the food bank, so that people can get all of the services that they need in one place!
erquity & the environment
No
re -write the code!
Is there a way to make schools stop levying money from property owners?
Federal grant manager, and a climate resiliency manager
Fix watersheds
Hiway 99 business incubation and support
Safety on 76th ave West
No
A City website that works and is kept up to date. Website should be citizens' Go -To place for
both general city information and specific projects.
Environmental stewardship using community volunteers (i.e., NO increase in 2024 budget to
encourage community activism)
I really think right now we should concentrate on keeping people safe all over Edmonds.
Encourage shoppers by welcoming them with assistance like PARKING. Build some shelters
that don't let babies die from Fent exposure. Social Services in WA state should be able to
help children live safely while their parents are in bad shape. orphanages are sad yes, but
living in squalor and subjected to all kinds of violence is unacceptable to me. I wish our state
would see it this way. Apparently it doesn't. I am a Centrist. Most of my life I did vote Dem
being a child of the Peace Time here. I believe strongly in Equal Right for all. I support but
don't endulge many social causes. Safety absolutely, inclusion yes.. All of it. But we need to
ALL talk about other things besides our selves and lifestyles. Edmonds seems to be a pretty
cool place to me and I want that to continue and I want all citizens to help protect one another.
DATE
6/26/2023 6:44 PM
6/25/2023 9:27 PM
6/25/2023 12:02 AM
6/22/2023 8:32 PM
6/22/2023 5:26 PM
6/22/2023 5:22 PM
6/22/2023 3:42 PM
6/22/2023 2:15 PM
6/22/2023 12:21 PM
6/22/2023 11:48 AM
6/21/2023 11:30 AM
6/21/2023 9:35 AM
6/21/2023 7:45 AM
6/21/2023 4:31 AM
6/20/2023 8:11 PM
6/20/2023 8:10 PM
6/20/2023 2:30 PM
6/20/2023 11:50 AM
6/20/2023 8:47 AM
6/19/2023 10:59 PM
6/19/2023 7:58 PM
18 / 20 1 Packet Pg. 49
Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk
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I am a separation of church and state person for a reason. I see the rest of the world. It doesn't
work. Spirituality is a choice and doesn't need encouragement? Right? Right! Here you can be
whatever you want in the Gem of the sound. I encourage it all the way. But no human being is
more special than the next. At least that is how I see it. So my arms are welcome to ALL.
Maybe if we encourage more talks and give outphone numbers for people to call other people
to talk to get to know them and take it from there. Its the nice thing to do. I like nice. I like
needs met and wants evaluated very carefully as far as $ spending is concerned. I want our
Schools to operate with the budget they have and know they must. WE I read have huge
salaries for our educators and Superintendents, I read we are 131% above anyone else. Look it
up I forgot all those stats. And yet our schools are no longer a draw to Edmonds. Hold on now
! I believe if families here are using private schools might need to pony up if they are using
Public School property. I know I am mean haha. I also sorry believe that families in Edmonds
that can clearly afford Breakfast and lunch for their kids. Those who cannot we can provide. To
me it's the same for the busses and the ferries. I also really want to encourage a pass that for
lunches and all the rest have the ability to put these expenses on a CC if they can afford it and
free lunches are free on the card. Allcards look the same. The computer does the rest. This I
hope will cut down on stigma. I want kids to learn about economics and marketing and maybe
less time on bugs and Salmon. They are in a spot but Education in the basics is crucial to
know how to live and get in good colleges etc. I like some of what ECC does but it too can't be
free everything. Save that for the underprivileged. We are not a Socialist State yet and until we
are (which I don't want) we can't afford to act like one. This means help the needy and pay
yourselves if you can afford to and many of us can.
Increase park land acquisition budget in Hwy 99 area, scope the cost of recreation center with
6/19/2023 9:15 AM
indoor pool in Hwy 99 area
More police. Social workers.
6/19/2023 8:33 AM
No
6/19/2023 7:03 AM
More human -focused investments.
6/19/2023 5:46 AM
MORE COMMUNITY INTERACTION
6/18/2023 8:38 PM
Don't know enough about the 2024 budget - providing a link to this on the survey page would
6/18/2023 8:24 PM
be helpful
Funding a feasibility study of the Mayor's plans of creating a system of interconnected 12-foot
6/18/2023 10:41 AM
wide sidewalks.
Lease property from the Edmonds Lutheran Church or buy property across the street for a
6/18/2023 9:37 AM
park.
Parking structure that could charge a fee to bring in revenue and make it easier for people to
6/15/2023 8:54 AM
visit our businesses, parks and events without making it difficult for our residents to park in
their own neighborhood.
(see above)
6/12/2023 4:02 PM
Procurement grants through the U.S. Department of Energy from the Bipartisan Infrastructure
6/12/2023 3:54 PM
Law section 40302
contribute to regional housing programs for the unhoused. contribute to regional drug/alcohol
6/12/2023 12:25 PM
rehab programs and mental health programs.
Be mindful for hiring contractors, especially using contractor without Council approval.
6/11/2023 6:34 PM
See earlier comment on parking.
6/11/2023 9:09 AM
Complete the "missing link" of the waterfront walkway. Build the walkway in front of the
6/11/2023 7:28 AM
condos.
no
6/9/2023 2:29 PM
Far better/more frequent communication to citizens. Far better responsiveness by the mayor
6/9/2023 1:56 PM
and his/her staff to citizen concerns.
Fix the roof leak over the Library. Better road repairs. Move police toward 99. Move city hall
6/9/2023 12:34 PM
employees to Public Safety building. Sell or reuse current city hall. Evaluate weekend Family
19 / 20 1 Packet Pg. 50
Feedback to Edmonds City Council on 2024 Budget Priorities
SurveyMonk
indoor learning and recreation activities. Increased transparancy of budget details. Better
longer range view of public discussion and decisions to be made.
40
unsure
6/9/2023 10:14 AM
41
Sidewalks along the entire length of 84th Ave w from 5 corners south to 238th.
6/8/2023 4:32 PM
42
Create an a -bike purchase incentive program, and find new funding for protected bike
6/8/2023 3:55 PM
infrastructure development; this has been a very successful combo in Denver.
43
Sidewalks throughout edmonds to make us a more walkable and updating code so that the
6/6/2023 5:53 PM
councils and staff are able to clearly follow our laws. And citizens aren't harmed by staff and
councils misunderstanding or misrepresentations of code.
44
Better community engagement. Better support for volunteerism on boards and commissions
6/6/2023 4:23 PM
3
0
and neighborhood initiatives.
c
c�
45
Make Edmonds a destination wine/brew, art, and walking town (sidewalks needed everywhere)
6/6/2023 4:21 PM
=
46
Anything that increases community -wide participation, which helps build town spirit, embraces
6/6/2023 4:12 PM
0
our neighbors, lowers crime, etc
W
47
Increase overtime parking fines
6/6/2023 4:02 PM
U
M
48
N/A
6/6/2023 12:00 PM
49
Please keep streets repaired and no multi housing units without their own parking provided.
6/6/2023 8:26 AM
3
O
50
More handicapped parking
6/6/2023 8:01 AM
0
51
A significant increase in the calming Edmonds budget for neighborhoods needing attention.
6/6/2023 6:55 AM
L
a
52
Supporting public transit option from every ferry to the light rail.
6/6/2023 6:41 AM
r
a�
-a
53
more money to maintain and enhance the city's infrastructure.
6/6/2023 5:02 AM
CO
N
54
1 think you should think about funding a Chief of Staff and a Deputy Mayor. I believe the City
6/5/2023 11:25 PM
c
N
Staff has way too much power and with this current Mayor, there needs to be someone who
will not allow City Staff to act like him but be interested in what the public has to say. I also
E
believe someone needs to look at your city staff and start hiring people from the communities
,o
of color. There are many people of color who are quite qualified to work not just work for the
City, but they need to also be in leadership/management positions. Finally, you need to hire
someone with ADA credentials. The City is so out of compliance. You don't even have
handicapped accessible doors to get into council chambers. The doors into City Hall don't work
for people with disabilities. No, don't hire a consultant. Hire a staff person!
c
55
No
6/5/2023 10:20 PM
0
56
Additional senior/retirement housing, more transit options for seniors and students
6/5/2023 10:03 PM
E
20 / 20 1 Packet Pg. 51
8.1
City Council Agenda Item
Meeting Date: 07/5/2023
Approval of Special Meeting Minutes of June 22, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Special Meeting minutes as part of the Consent Agenda.
Narrative
The Council Special meeting minutes are attached.
Attachments:
Draft Minutes June 22 2023 Special Council Meeting
Packet Pg. 52
8.1.a
EDMONDS CITY SPECIAL COUNCIL MEETING
DRAFT MINUTES
ELECTED OFFICIALS PRESENT
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Susan Paine, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER
June 22, 2023
STAFF PRESENT
Beckie Peterson, Executive Assistant to Council
The Edmonds City Council meeting was called to order at 5 p.m. by Councilmember Dave Teitzel in the
Meadowdale Clubhouse, 6801 North Meadowdale Road, Edmonds.
2. OPENING REMARKS
Councilmember Teitzel introduced Councilmembers in attendance and gave an overview of the budget
process and the Budget in Brief handout. Councilmember Chen expanded on the handout to describe
additional factors (such as budget carry forwards and changes in anticipated revenues, and ARPA funds).
Councilmember Nand reviewed the top priorities identified by Council at the April Budget Retreat; police
presence on Hwy 99, Neighborhood Beautification and Cleanup, Human Services, Enhancing Trust and
Transparency in City Government and Environmental/Watershed.
3. BREAKOUT / DISCUSSION
Councilmember Nand asked each table to review the Budget in Brief handout and select one representative
to speak for the table of something they wanted to address.
Table 1: Police presence — improvements needed not just on Hwy 99 but please remember all of Edmonds.
Speeding traffic enforcement needed, consider speed bumps, cameras, specifically on 761}i Avenue.
Table 2: Public Safety Enhancements - $15,000 in the budget for traffic calming is not enough. Funds are
also identified for Pedestrian Safety. $1.7 million for Bicycle Improvement? Neighborhood has been
working since 2017 to get something done about concerns on 761}i Avenue, including public works, police,
mayor, city council. Asked those attending to stand up if they were here for the issue of speeding/ citizen
safety on 76t1i Avenue (15+ in attendance stood up).
Table 3: The budgeted amount for demolition of the Johnson property is not a priority.
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June 22, 2023
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8.1.a
Table 4: Same concerns of traffic calming on 76t1i Avenue. Every year a catastrophic auto accident occurs
and the neighbors are the first responders before police/medics arrive. It's preventable, and a matter of time
until a fatality. Need more funding for traffic calming. What is the cost of a stop sign? System for funding
projects in archaic.
Discussion continued about the efforts taken by neighborhood to address this issue. Twice they have
submitted petitioned this to be part of the traffic calming program, and did not get results. Some study
/speed assessment but haven't seen outcome of city efforts. Discussion about speeding enforcement,
physical barriers to slow down traffic and re -engineering of road. The straight-away on 76Ih is known to
many young drivers as RollerCoaster Road. High speeds result in cars becoming momentarily airborne;
fixing this roadway issue should be a priority to the city. Physical barriers to slow traffic (speed bumps,
turtles, stop signs). Another public safety issue is recreational drug use at Haines Wharf and youth impaired
driving.
Request to have councilmember facilitate a way to bring together Public Works, Police, elected officials
and citizens together for a solution. Recommended that 2024 Budget increase amount of funds to Traffic
Safety and Traffic Calming.
4. ADJOURN
With no further business, the Council meeting was adjourned at 6:15 p.m.
Edmonds City Council Draft Minutes
June 22, 2023
Page 2
Packet Pg. 54
8.2
City Council Agenda Item
Meeting Date: 07/5/2023
Approval of Regular Meeting Minutes of June 27, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
The Council meeting minutes are attached.
Attachments:
20230627 Special Meeting
Packet Pg. 55
8.2.a
EDMONDS CITY COUNCIL MEETING
DRAFT MINUTES
June 27, 2023
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
ELECTED OFFICIALS ABSENT
Susan Paine, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Michelle Bennett, Police Chief
Oscar Antillon, Public Works Director
Dave Turley, Administrative Services Director
Angie Feser, Parks, Rec., & Human Serv. Dir.
Susan McLaughlin, Planning & Dev. Dir.
Todd Tatum, Comm./Culture/Econ. Dev. Dir.
Rob English, City Engineer
Thom Sullivan, Facilities Manager
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Nelson in the Council
Chambers, 250 5t1i Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Nand read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present with the exception of
Councilmember Paine.
4. PRESENTATIONS
2023 FIRST QUARTER FINANCIAL UPDATE
Administrative Services Director Dave Turley reviewed:
What to expect?
o Tonight — first quarter (March 31) financial update
o September — mid -year review, finances through June 30
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8.2.a
o October — required presentations reviewing, 1) city revenue sources in general, 2) property
taxes in particular
o Spring 2024 — recap of 2023 and updating final results for the year
• Some items to note this quarter are:
o Sales Tax is up $114,851 from this point last year
o Gas Utility Tax is up $47,783
o Building Plan Review and Inspection Fees are up $82,333 from this point last year, Building
Permits are down $(79,833), and Engineering Fees and Charges are down $(55,549).
Development Services revenues overall are down a total of $(65,121) from this point last year
o Parks & Recreation Program Fees are up $44,598 from this point last year
• Quarter -to -date Sales Tax Revenues for the 3 months ended March 31 $114,851 ahead of last
year, and $73,749 under budget
• Breakdown by business category of the change in Sales Tax revenue for first Quarter 2023
compared to first Ouarter 2022
• Quarter -to -date Real Estate Excise Tax Revenues for the 3 months ended March 31 is $272,197
behind last year, and $387,714 under budget
Annual Sales 1 ax Kevenue for the trst time passes Annual
5ales Tax -Property Tax -EMS Tax -Other Taxes
12,000,000
10,000,000 _
8,000,000 _ ------------------
6,000,000
4,000,000
2,000,000
2017 2018 2019 2020 2021 2022
ax Revenue
• How much have Edmonds Property Tax Revenues fallen behind inflation over the last 13 years?
$20,000,000
$�5.00e.o� ■ � 1
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$5.000.000
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■ Property Tax (If Adjusted for Inflation since 2010)
■ Property Tax (Actual)
• How much have Edmonds Property Tax Revenues fallen behind inflation over the last 13 years?
Edmonds City Council Draft Minutes
June 27, 2023
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Packet Pg. 57
8.2.a
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Mr. Turley explained in 2001, the legislature passed I-747 which limited property tax growth to no more
than 1%/year. Property taxes actually increase 0% unless council takes action to request a 1% increase.
For 23 years, the growth in property has been very limited. Most counties and larger cities have been
affected by this more quickly than Edmonds has. Property taxes are one of the biggest revenues sources
for the General Fund. Things the General Fund pays for include police, fire, municipal court, salaries,
facilities repair and maintenance, parks, and street maintenance including adding new sidewalks. Larger
governments have had to consider what to fund via the General Fund; because things like police and fire
cannot be cut, so dedicated funding sources had to be found for services they want to provide like parks
and street maintenance. Those dedicated funding sources include park levies and for street maintenance,
gas taxes, impact fees, federal and state grants, and car tab fees.
Mr. Turley referred to the council's special budget meeting that preceded tonight's meeting, recalling the
council's interest in funding more sidewalks. The City is currently funding street maintenance, $425,000
in 2023, from the General Fund. If property tax revenues remain flat, the City will be unable to continue
that. Inflation has been 8-10% over the last two years which has driven costs up. When costs increase, the
City can either increase revenues or cut services. Later on tonight's agenda the council will be discussing
an increase in car tab fees. If the council chooses not to increase car tab fees, it will be necessary to take a
hard look at things like sidewalks, pot holes and ways to pay for street maintenance.
Mr. Turley referred to comments he has heard that now is not a good time to increase car tab fees due to
inflation. He commented if inflation was 0% and staff suggested increasing car tab fees, there would
likely be resistance because costs were not increasing. The reality is when costs go up, that is the time for
local government to increase revenues. There have also been comments that car tab fees are a regressive
tax; he agreed there were not progressive or regressive taxes but somewhere in between. The college
student taking public transit who likely has a lower income and doesn't have a car, won't be impacted by
the increase in car tab fees; the person with three cars and a boat likely has a higher household income
and can pay more for their car tab fees. Car tab fees are somewhat of a compromise, a compromise the
council has to look hard at accepting at this point.
Councilmember Nand relayed her understanding that 1-747 limits the increase in property tax to 1 %/year
and asked whether the actual amount property owners were charged was affected by the increase in land
value as assessed by the Snohomish County Auditor. Mr. Turley answered the amount collected does not
correlate to assessed value or market values. Over the last 10 years, property values in Edmonds have
approximately doubled, but in that time the property tax paid to the City has increased only approximately
7%. Councilmember Nand asked whether someone who lives in a townhouse whose value has doubled in
value was paying double in property taxes. Mr. Turley answered some states charge a rate that is a
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8.2.a
proportion of the property's value; in that method, if the property value increases, the amount the property
owner pays also goes up. In Washington, cities levy a specific amount. Property tax plus EMS tax is
approximately $14 million; when the City levies $14 million, that is what the City collects regardless of
residents' property values. Washington's levy system is the inverse of states that use a rate system; the
amount the City levies is the amount it collects.
Councilmember Buckshnis commented the information provided in the report is very dated and quarterly
reports have been provided to council throughout the last 13 years. She pointed out property taxes in
Edmonds increased a shocking amount this year; she knew it was proportional with regard to the amount
the City collects, but she expected to see a blip in property taxes in the June quarterly.
Councilmember Buckshnis referred to the investment portfolio, noting in December there was
$75,309,000 in the portfolio and $66,702,000 in March. She asked what caused that reduction, whether it
was ARPA, payment for goods and services or something else. Mr. Turley said he did not have the full
report in front of him, but the City pays a lot of annual expenses such as $1 million for WCIA in January.
The monthly report includes a cashflow report that illustrates big spikes when property taxes are paid in
the spring and fall. When property taxes comes in, the fund balance is high and it gradually decreases
until property taxes come in again which are then slowly spent down. December is high point and March
is a low point, especially the first part of the year when a lot of annual expenses are paid. Councilmember
Buckshnis recalled staff saying last year that ARPA funds were put into the investment portfolio. Mr.
Turley agreed. Councilmember Buckshnis observed the investment portfolio has been around $68 million
for a long time and now is down to $66 million. Mr. Turley advised approximately $4 million in ARPA
funds have been spent.
Councilmember Teitzel referred to retail automotive sales tax March 2023 compared to March 2022,
noting that revenue continues to be strong even with supply chain issues in that industry. He assumed the
revenue was driven by used car sales and if so, asked whether the revenue was sustainable. Mr. Turley
responded he closes his eyes and watches the retail automotive sales tax come in and has not done a deep
dive into it. Sales taxes are affected by inflation so when car prices go up due to supply chain issues, sales
tax revenue also increases.
Councilmember Chen expressed appreciation for the breakdown in sales tax, noting automotive retail
sales tax is the strongest. The Economic Development Commission (EDC) has been discussing how
changes in the industry such as car sales operating via an internet model instead of a warehouse would
change the City's revenue picture in the future.
Councilmember Chen commented the quarterly report focused on property tax and how it could have
been different if the council had approved an annual 1 % increase. On the flipside, expenses such as wages
and benefits have increased over the last 13 years. He referred to the strategic outlook on page 22 of the
adopted 2023 budget book, in 2020 wages and benefits were $17,373,000 and are forecast to be $26
million in 2024, approximately a 54% increase. He concluded the rate of increase is outpacing revenue by
quite a bit. When thinking about increasing revenues, consideration also needs to be given to managing
expenses. Mr. Turley agreed.
Based on what's transpired between this report and now, Councilmember Olson asked if budgeted sales
tax revenue compared to actual was as expected. Mr. Turley said sales taxes are still doing well. A couple
months ago, there was one month when sales taxes were less than same month a year ago, the first time
that has occurred in four years. Through May, sales taxes are still doing fine. Councilmember Olson
observed there were a couple EDC members in the audience. She referred to the comparison of sales tax
sources, noting small retail is down compared to the previous year, not surprising due to the loss of a few
key retailers such as Sound Styles, Garden Gate, and C'est La Vie. Even if that is not impactful when
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June 27, 2023
Page 4
Packet Pg. 59
looking at the big picture financially, she hoped the community was thinking about what that means for
the vibe and feel and ability to attract patrons downtown. She hoped if replacements had not already been
identified, they were actively being sought. Mr. Turley commented Director Tatum drives that ship, and
he gets to looks in the rearview mirror to tell the council whether the City has been.
Councilmember Buckshnis referred to the Enterprise Fund Overview, noting between 12/31/22 and
3/31/23, both the storm utility fund and the sewer utility fund increased approximately $4 million, and the
water fund only increased $1 million. She asked if that was due to rate increases or funding a project. Mr.
Turley answered it would not be the result of a rate increase; a rate increase would not have that much
impact that quickly. Without reports and time to research, he did not know the answer. Councilmember
Buckshnis offered to email her question to him.
2. HIGHWAY 99 COMMUNITY RENEWAL PLAN
Planning & Development Director Susan McLaughlin acknowledged all the previous planning documents
and recent conversations reveal the community, elected officials and staff have common goals and want
to see positive redevelopment occur on Highway 99 along with infrastructure and community facilities to
support a high quality of life for the adjacent neighborhoods. This common goal hasn't changed in two
decades in the planning work done by the City. With today's conversation regarding a community
renewal plan, she acknowledged and validated the negative connotation that urban renewal has had in the
country. The urban renewal of the 50s and 60s led to some of the interstate projects and state highways
that are experienced today, demolished housing, and tore through neighborhoods which led to
displacement of already vulnerable populations. The restructuring of the community renewal tool of today
is basically trying to right the wrongs of the past. The intent is to connect communities that were
separated; restructure streets to make more parks, livable spaces, and sidewalks; foster affordable
housing; address displacement; and provide housing for those who used to live or continue to live in areas
adjacent to Highway 99. The term community renewal can also build parks and community facilities.
Ms. McLaughlin reviewed:
• Previous Planning Efforts
0 2004 Highway 99 Enhancement Project
0 2004 Highway 99 Enhancement Project Market Assessment
0 2007 Highway 99 Traffic Safety and Circulation Study
0 2015 City of Edmonds Comprehensive plan
0 2014 City of Edmonds Comprehensive Transportation Plan
0 2017 Edmonds Highway 99 Subarea Plan
■ "the Edmonds community expressed a strong desire for a gateway ... a district transition
point in and out of Edmonds" - 2017 Highway 99 Subarea Plan
■ Subarea plan led to land use and zoning changes to foster positive redevelopment and
provided tools for developers to hopefully expedite and motivate developers to build
housing as well as non-residential development along the corridor in keeping with the
comprehensive plan as well as the subarea plan.
• Development Activity (2017-Present)
o Although there has been anecdotal information about how much development has occurred
on Highway 99 since the subarea plan was adopted, in fact very little development has
occurred.
o Subarea plan anticipated and mitigated for 3,325 units over an 18 year period, an average of
185 units/year
■ One development has been constructed in the subarea since 2017 with 192 units or 38
units/year
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8.2.a
■ Including projects under construction increases the number to 53 units/year or 28% of the
185/year that was anticipated
■ Since the 5-year planned action report and subsequent emergency ordinance, there has
not been a single development application, and the one there was, has expired
Project
Address
Built/Finaled
Issued(#units)
Ready to Issue
Applied/Design
Pre -Application
Expired/Withdrawn (#
(# units)
(# units)
Review
Stage (# Units)
Units)
Approved (#
units)
GRE
23326 Hwy 99
192
Apartments
Better
8029238 St
3
Bellevue
SW
Townhomes
Apollo
23601 Hwy 99
255
Apartments
Anthology
2120072 Ave
127
Senior Living
W
Housing Hope
9215236 St
52
SW
Terrace Place
2362584 Ave
261
W
Behar(Family
72122 00 St
394
Fun Center)
SW
Total
192
130
307
394
X4
o Subarea plan also envisioned about 2.6 million square feet of new non-residential (uses to
support the adjacent neighborhood such as grocery stores, cafes, etc.)
■ To date only approximately 23,000 square feet has been built, 10% of the rate assumed in
the subarea plan/year.
o Decision package approved in the 2021 budget to prepare a community renewal plan.
Intended be a companion document to the subarea plan, recognizing land use and zoning
changes alone could not stimulate or catalyze the positive redevelopment that the community
was hoping to see and to subsequently fund the needed infrastructure
■ Pandemic and termination of initial consultant contract delayed preparation of plan.
Benefits of Community Renewal
o Determine if area is can meet CRP criteria as defined in RCW 35.81.015
o Unlocks tools for redevelopment to serve public needs
o Catalyze investment in CRP area
o Enable the city to take an active role in redevelopment and transformative infrastructure
Increased capabilities from communitv renewal
Buy, lease, or condemn properties Allowed Allowed
Hold, demolish, or improve properties
Sell property to a private entity
Rezone property
Master plan private property
Enter into a developer agreement
Select a buyer who agrees to further
CRA goals
Close, vacate, and rearrange streets
and sidewalks
Borrow money and accept grants to
carry out community renewal
Aid property owners or tenants
affected by the community renewal
process
Allowed only for public facilities
Competitive bidding process
Allowed as a Planned Area
Not allowed
Only though a competitive bidding
process
Not allowed
Allowed for city purposes
Not allowed
Allowed for those affected by
condemnation for public facilities
Allowed
City can identify preferred partners
Allowed as a spot zone regardless of
GMA/Comprehensive Plan cycle
Allowed
City can identify partners to develop all
or part of a property. City can specify
how the property is to be used.
Allowed, with restrictions
Allowed to promote economic
development
Allowed
Allowed A
Analysis confirms that we are eligible to apply for a CRP (per RCW definition)
o Eligibility requirements relevant to Highway 99 context
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8.2.a
■ Physical dilapidation of buildings
■ Unsafe conditions
■ Insufficient access to parks/open space
■ Inadequate street layout
■ Inadequate lot layout
■ Excess surface parking coverage
• Interviews & Open Houses
o Open houses held on June 30, 2021 and October 20, 2022
o Stakeholder interviews held:
■ May 6 interview/site walk (law enforcement, human services and community leaders)
■ May 26 (Burlington site property owner)
■ June 13 (developer forum)
■ July 7 (community service providers)
• Study Area: Issues Summary
Extensive paving and lack of tree canopy I
High-speed, heavy traffic arterial with
few safe pedestrian or vchicle crossings
JT
e
Lack of sidewalks on side streets makes r
it hard for on foot, bike, or wheels in �r - _ _ - ` _ - - j',
neighborhood to access Hwy 99 services R
e.:
Shoplifting hot spot r F.
'r
Vacant building
Motels- domestic violence hot spot 'rw• — i
Aging buildings in poor or
below -average condition �z _
Burned -out building
Large underutilized site
Vacant parcels r'�� - I'! -� c
Oversized WSPOT-rights-oF-way inhibit
mobility and prevent development {
• Area Study: Assets Summary
e Swift Blue Line station o a s
M Multi -family housing
Businesses
� n
rs Service Providers
Sound Transit light rall service at Interurban trailI-
MountlakeTerracefreeway station Parks
Ballinger Park (In Mountlake Terrace}
Culturally-relevant6usiness
-prof
and nonit servioe
............ y -
providersthroughoutcarridor
A.
community garden -
City Hall NeighborhoodOffice
Full -service grocery &lively
shopping plaz-
Swift BRT stqKons
Mathay-Balli gerPark
Bus transit hub tAuro a -
Transitcenter in creline —
Businesses gene to tax
revenue for public se 'ces
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Packet Pg. 62
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8.2.a
Structural Issues
o Highway 99 cut through existing neighborhoods, creating a barrier between the Lake
Ballinger neighborhood and the rest of Edmonds. Several irregularly shaped lots were
created. These lots have been difficult to develop due to their odd shape.
0
Construction of the Highway 99/SR-104 interchange makes access to Burlington Coat
Factory site difficult. Access remains an impediment to redevelopment of the site.
rWattaptary
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s.
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c. 1964 c. 1974 c.1978
Prior to the construction of Interchange under Interchange Complete
the interchange construction
• Access cutoff between 8411 Ave W and
Access to SR-104 direct from Highway Several businesses and residences 242"" St SW
99 displaced Interchange complicates access for
• 84— Ave W connected to 242"" St SW Burlington site
Inadequate Street Layout
o Highway 99/SR-104 interchange
■ Oversized for existing traffic volumes
■ Occupies a large amount of land
■ Creates unusable dead zones
■ Impedes walkability
■ Complicates vehicle access to nearby parcels
■ Design encourages fast traffic and limits visibility where people cross
Site Design Safety Challenges
o Physical barriers and poor sight lines create "dead zones", especially between and behind
buildings.
o "Crime prevention through environmental design" (CPTED) is a program to reduce criminal
activity by designing buildings and areas around buildings in a way that deters crime.
o CPTED guidance says to avoid:
■ Poorly defined spaces
■ Places with poor sight lines,
■ Places with little or no walking traffic
Physical Dilapidation, Deterioration, or Obsolescence
o Many existing buildings are more than 50 years old
o Cluster of building in "below normal condition"
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8.2.a
• Pedestrian infrastructure needs
LEI
]ilgh speed aNe�al
It ExlsliN'..walk
Nocros Ik
Mss�ng sidewalk
••--. Sidewalkwkhfrequ t...b Ms
• Implementation Strategies
o Adopt Community Renewal Area
o Explore Tax Increment Financing as an option to address infrastructure needs
o Foster public -private partnerships
o Pursue Reconnecting Communities Grant
o Continue to invest in parks and transportation per the PROS Plan and the Highway 99
Subarea Plan
• Basic TIF (Tax Increment Financing) Model
o Generally, TIF captures property taxes generated from the increased assessed valuation on the
site that results from private development following infrastructure investment
Basic TIF7'dei
EJ
s
New
Tax
Base
Incremental Taxes
m
Revenues
x
fl ow
Revenues from REGULAR property taxes assessed
2
Existing Tax Base
to normal
against the Increment Value only, are captured:
Revenues continue to flow to
taxing
✓To pay "public Improvement costs"
Q
normal taxing bodies
bodies
✓ To repay bonds issued for "public improvements"
Statutory life of TIF district
• Overview of Tax Increment Financing
o Eligible infrastructure improvements owned by a local government within or outside of and
serving the increment area that include:
o Street and road construction;
o Water and sewer system construction and improvements;
o Sidewalk and other non -motorized transportation improvement and streetlights;
o Parking, terminal and dock facilities;
o Park and ride facilities or other transit facilities;
o Park and community facilities and recreation areas;
o Stormwater and drainage management systems;
o Electric, broadband, or rail services;
o Mitigation of brownfields;
• Recommended CRP Projects
o Public -private redevelopment
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8.2.a
o Access improvements near interchange
o Through block connections
o Neighborhood park
o Complete Streets
o Business revitalization
o Interchange replacement
Next Steps to advance CRP
o Share case studies (Olympia, Tukwila)
o Planning board recommendation
o Pass a resolution to support the designation of Edmonds as a Community Renewal Agency
o Host a public hearing on proposed plan
o Adopt plan
Ms. McLaughlin summarized the CRP does not obligate the City to anything. It is a tool that fosters
public -private partnerships. The CRP does not have to be coupled with the property acquisition but it
would be advantageous especially with the TIF financing tool.
Councilmember Nand said she was unreservedly in favor of public -private partnerships, reconnecting the
community pilot plan and utilizing the Highway 99 subarea EIS. One of her reservations about
designating Highway 99 as a CRA is declaring the entire corridor blighted; that was shocking to her
considering that Highway 99 generates more sales tax revenue than any other business district in the City.
She cited Detroit as an example of blight where people do not have access to running water on their
property. She asked why it would be appropriate for the council to pass a resolution issuing findings of
blight for the entire corridor at a time when the City is conducting outreach to a community that has
traditionally felt underserved.
Ms. McLaughlin referred to the list of corridor assets, agreeing the corridor provides very positive tax
revenue for the City. The analysis conducted to determine if the City was eligible to apply for a CRP, it
did not qualify due to failing businesses. There are case studies that it met the findings due to the amount
of resourcing some areas took such as police and planning and it did not provide the revenue to sustain
ongoing efforts over decades. This is completely different; Highway 99 is the result of an infrastructure
project that occurred decades ago that amazingly businesses and residents have thrived in spite of. That is
the reason the City met the criteria, insufficient street layout, skewed parcels, terrible access, lack of
walkability, etc. It is not a reflection on the success of the businesses along Highway 99.
Councilmember Nand questioned what additional powers would be needed under the CRP that the City
would not already have available under the subarea EIS. She found some of the powers under the CRP
potentially alarming, such as the ability to condemn property for public use and exercise eminent domain.
If the City is trying to build bridges to this community that has traditionally felt underserved, why would
the City want to add tools that property owners could consider potentially threatening. Ms. McLaughlin
agreed the concept of condemning property was threating; the City's list of projects have nothing to do
with condemning properties. The City wants to engage in public -private partnerships and to engage with
specific developers to build needed community facilities. Under the City's normal powers, the most
competitive bidder must be selected to offer things the community wants such as a community center,
library, etc. It would also allow the City to master plan beyond the Burlington Coat Factory parcels,
critical when thinking about access, skewed parcels, etc. Just because the CRP provides tools does not
mean the City would have any interest in using them. The CRP does not reference condemning properties.
Councilmember Buckshnis commented she was unable to open the CRP provided by staff. She expressed
concern with how quickly this was coming forward. The presentation indicates stakeholder interviews
were completed in one month last year and asked if staff intended to update that outreach. Ms.
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McLaughlin advised in reviewing the interview notes, they are all very relevant to today's conversation.
Councilmember Buckshnis did not believe 3 developers represented all of Highway 99 or that 3
community service providers represented all of Highway 99. She echoed Councilmember Nand's
concerns, this is a good start, but it should be vetted through the Economic Development Commission
(EDC), there should be updated open houses, etc., to ensure people understand what it means to say
Highway 99 is blighted. The intent is to reach out to people on Highway 99 and help them, not discourage
them by classifying their area as blighted. She recommended going through the plan very carefully as
there was not enough information from 2023 for her to understand what citizens want.
Councilmember Buckshnis said she could provide numerous examples where TIF has been disastrous
because it was not transparent and the City selected the developer. If this was done in 2022, she
questioned why the EDC and planning board were not involved before dropping this on council. Ms.
McLaughlin said she has been to the planning board three times, twice for an overview, and once to
review the draft plan. She has also been at council a few times as part of the development work plan,
noting this as a key project. With all the work that has been done related to Highway 99 such as the
emergency ordinance and speaking to developers, the relevant issues remain and the needs have been the
same for the past couple decades such as lack of parks, lack of street connections, etc.
Councilmember Buckshnis said she did not disagree and change takes time. She was still looking for the
SEIS that the council requested last year and there has been no comprehensive plan review regarding this
area. She did not recall Ms. McLaughlin talking to council about the CRP, recalling in last year's budget
there was reference to economic enhancement. She recommended sending this back to the EDC and the
planning board so they can vet it more closely to what's happening today.
Councilmember Olson commented she typically attends public meeting seeking input; she vaguely
remembered a public meeting about community renewal on Highway 99, but she did not know anything
about the CRP until a couple weeks ago. To the extent that was on her, she apologized. Although staff is
saying the CRP does not have to be approved with the parcel, they are being proposed to council together
and she wished they weren't. She preferred to deeply vet the CRP, possibly with the advice of the EDC
and planning board and input from citizens. She felt it was great the City was thinking big and she urged
the council and community not to get hung up on a word that has personal connotations and a history that
was upsetting and emotion and let that get in the way of using the legal or statutory definition to the
City's advantage and the advantage of that area. She preferred to evaluate the concept and determine if it
was a tool the City wanted to use. She referred to the CRP and a property acquisition that might fall under
that umbrella, and asked about pros and cons of approaching them together. If the council likes the idea of
CRP and likes part of the parcel, what are the options around those approaches.
Ms. McLaughlin explained when the decision package was adopted in 2021, it was only $60,000. The
CRP included a fair amount outreach and it lasted a long time and when that happens, consultant dollars
go quickly. The consultant contract has ended. There is no rush per se, this is a council decision. It is
advantageous to couple them because if council pursues an option to purchase, there will be six risk free
months to start engaging with the community about what they want on that site. Sometimes it's difficult
to do that without a broader view of the entire area. That is not even a driving reason; if in 18 months the
council acquires the property, it will be critical to have a CRP designation to drive what happens on the
site. The ability to master plan beyond the boundaries of the site and the ability to self-select a developer
for specific land uses are the most compelling reasons. The issue of displacement will be a focus of the
comprehensive plan and the SEIS that will be rolled into the comprehensive plan scope which will be
presented to council on July 5. Under community renewal, the City has additional powers to aid with
displacement.
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Councilmember Olson referred to staff bandwidths, noting this is a huge projects, and there are other huge
projects the council has not seen the progress they were hoping to see such as the code rewrite for
example. She was concerned with taking on more than staff could handle. Ms. McLaughlin answered the
reason resource constraints worry her is because a great job has been done compiling the plan and she
wouldn't be worried about resourcing if a council decision could be made soon. If this drags on longer,
alongside all the other plans such as the comprehensive plan and the code modernization, that would
cause her concern. Staff will be presenting a code modernization work plan; staff is actively working on
minor and major code amendments and she anticipated the full breadth of code modernization work
would not happen until the comprehensive plan policies were more clear in 2024 and then do a complete
overhaul once some of the major code work was completed.
Councilmember Olson commented this would be a huge, ongoing project. Ms. McLaughlin agreed, the
first decision is whether to pursue a community renewal area designation which would make the City a
community renewal agency which presents questions related to resourcing. Councilmember Olson asked
if those questions would be answered tonight or if the answers were not yet available. Ms. McLaughlin
responded the specific answers to those questions were not yet available. Even if the City is designated a
community renewal agency, the resource question will be related to staffing the projects under that
agency.
Councilmember Chen recalled in early 2022 he was invited to tour the Burlington Coat Factory and he
asked some follow up questions that staff was not ready to respond to at that time. In general, blight is a
sensitive term, he loves the people who work and do business in that area, they are just as great, smart and
hardworking as anyone else. The reality is that it is a high crime area, there are a lot of problems that
require attention including an unsolved 7-Eleven murder, and the Safeway store sometimes only has one
checkout lane because there is so much theft. He questioned why the City would not use these tools to
renew the area. He referred to TIF which basically is issuing bonds based on the projected assessed value
increase which is just an imagination. If the City issues bonds, it incurs interest costs and puts that
expense on the shoulders of future generations. When it comes to finances, he is very conservative and
did not want to spend money the City did not have. He wanted to understand how much would be issued,
the projected assessed value increase, and whether the increase was a reasonable prediction.
Councilmember Chen continued, he liked the concept in general, having another tool to help develop this
area. That area and going toward the Lake Ballinger area has been in decline for the last 15-16 years and
in the last couple years there have been a couple murders, car thefts, and other problems and
deteriorations. He welcomed having another tool to help enhance that area, but wanted to approach the
finances very cautiously. He spoke in favor of adopting the CRP, but separating it from the property
acquisition. The property acquisition needs to be based on the community's needs before spending $37
million to purchase it and let it sit.
Council President Tibbott commented the timing of when properties become available and ready for
redevelopment is usually not sequential. A good example is what is happening along the light trail in
Lynnwood. Things rarely happen linearly and calmly in community development. He participated in the
last Highway 99 study and has also consulted with people who worked on the previous Highway 99
study; the City has been considering this for decades. Council has had exposure to the TIP, multimodal
transportation ideas, etc. going back decades. Things are happening now and for whatever reason, they
are happening simultaneously. He has personally been waiting a long time to see progress in that area and
has wondered why things haven't happened. He appreciated staff s explanation regarding infrastructure
such as the cloverleaf, the highway, narrow sidewalks and poor lighting that gave preference to the
highway instead of the neighborhoods. This is the largest community redevelopment project in the history
of the City and it is time to roll up our sleeves and get busy utilizing these tools.
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With regard to the CRP, Council President Tibbott asked what the rollout looked like for next 6-12
months, and the timing for the council and the community. Ms. McLaughlin agreed with Councilmember
Chen and others that coupling these together almost feels overwhelming, but it doesn't have to happen on
the same day. The most important thing is for council to focus on the option to purchase with clear sight
and judgment. If that happens, staff will lift a community design session/community conversation around
that site. Community renewal can occur as part of that six month conversation, it does not have to be done
right away. She did not feel urgency now, but if the six month mark passes without a decision, she would
start to get nervous. She was confident a CRP would provide access to the right tools coupled with TIF.
She recognized these are huge concepts, the largest redevelopment project the City has seen, and she
agreed with taking it one step at a time.
Council President Tibbott referred to the list of next steps to advance the CRP and asked if adopting a
plan could happen in 18 months. Ms. McLaughlin agreed there was no timeline. Council President
Tibbott commented the council had time to wrap their head around the renewal options, it did not need to
be condensed into the next 3-4 months. Ms. McLaughlin agreed.
Councilmember Teitzel referred to TIF, relaying his understanding it was a new concept in Washington,
but it has been used elsewhere in the country. It is a concept that bases bond funding on projections of
future revenue. Ms. McLaughlin agreed. Councilmember Teitzel pointed out if that projection of future
revenue did not happen, then the General Fund picked up the tab. Similar to Councilmember Chen, he
was risk adverse in that way. He asked where this had been used, where it hasn't turned out well, and
what the City could learn from that to not repeat the same mistakes. Ms. McLaughlin answered although
staff has been looking into TIF as it has become relevant to the conversation with the property acquisition,
she was unable to answer Councilmember Teitzel's question regarding a city that had lost money on the
projection. A two-phase analysis is required; the first phase identifies areas that may be eligible or
beneficial for TIF, it is important to get those boundaries right and have the level of confidence to manage
the risk. The second phase would be revenue projections, not a perfect science, but there is a high level of
confidence this property will redevelop whether it is by the City or another developer which makes the
risk fairly low. She recalled looking at a case study where there was no active development, they were
hoping to put in infrastructure to catalyze redevelopment, and it was necessary to wait it out. A city has
25 years to pay back the bond so there is time to wait for redevelopment to occur.
If the City pursued the TIF model specifically for redevelopment of the Burlington Coat Factory property,
Councilmember Nand asked whether the City be tied to public -private partnerships. She lives within
walking distance of the Burlington Coat Factory property, grew up going to Burlington Coat Factory, and
her neighbors have been incredibly excited since the City announced the potential acquisition and have
tons of ideas. Due to the dearth of public venue space on Highway 99, she is hearing about the need for a
child -friendly sculpture garden, a community resource center, a stage for public performances, etc. She
asked if the City would be penalized via TIF if this space never yielded a boost in sales tax for the City.
This is a great opportunity to serve a community that has not been served the way it should be,
particularly with the amount of tax revenue they contribute to the City. Ms. McLaughlin said the
development potential on that 10.5 acres is very significant. From a massing perspective, there could be
community facilities that do not yield tax revenue, but there could also be tax generating businesses and
land uses that would hopefully through the TIF analysis meet the revenue projections to build the
infrastructure.
Councilmember Nand complimented Parks, Planning & Development and Community/Culture/Economic
Development staff who have been working on this for years. She echoed other councilmembers'
comments that the property acquisition should be decoupled from consideration of more controversial
moves on the Highway 99 corridor, especially under the community renewal plan because the acquisition
is such an unmitigated positive for the community. She preferred to discuss the potential acquisition
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separately before making a determination regarding a finding of blight or saying 50-year old buildings
were dilapidated and potentially needed to be condemned. She pointed out the blight justification derives
from the idea that this was a net negative for the community in the 1950s and 1960s when highways were
built. However, from a civil rights perspective, they connected communities of color to urban centers with
high paying jobs which Highway 99, especially with transit, still does. It provides the opportunity for
economic growth to immigrant communities and entrepreneurship, something that needs to be highlighted
when discussing the effect that the highway had on that area.
Councilmember Buckshnis advised she sent a recent example from the Office of Treasury about the City
of Chelan's TIF. She recommended being extremely contentious about TIF especially if it is non -revenue.
She agreed private -public partnerships would be great but it was important to define the TIF area and the
financing. She agreed with keeping the two separated.
5. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
APPROVE THE AGENDA IN CONTENT AND ORDER.
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
AMEND TO MOVE ITEM 9.5, ADOPTING LEGISLATIVE BLAKE FIX, TO 9.1 AND
RENUMBER THE REMAINDER. AMENDMENT CARRIED UNANIMOUSLY.
MOTION CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Mayor Nelson described procedures for audience comments.
Joan Longstaff, Edmonds, commented on the privilege Edmonds residents have to work collaboratively
with the City. She almost opened an office in Magnolia in Seattle in 1980 and in meeting recently with
CEOs in the Downtown Business Association and top real estate agents in Seattle, they indicated they do
not have that same opportunity. She encouraged citizens to understand the privilege and responsibility
they have to speak to the council. She thanked the participants in the mayoral debate, commenting she
was very impressed with each of the candidates and how respectful they were of each other. She also
recognized Teresa Wippel, My Edmonds News, who moderated the event. She thanked the City for the
inclusive playground at Civic Park Playfields, advising her brother was in a wheelchair as a result of a
traumatic brain injury. She was interested in the Highway 99 corridor, recalling when she opened her real
estate brokerage and was a property owner, there were only a handful of downtown business property
owners. Edmonds is often thought of as only the downtown bowl; as Chamber president she tried to foster
the idea that Edmonds was composed of several areas.
7. RECEIVED FOR FILING
1. CLAIM FOR DAMAGES FOR FILING
2. WRITTEN PUBLIC COMMENTS
3. OUTSIDE BOARDS AND COMMITTEE REPORTS
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
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1. APPROVAL OF COUNCIL COMMITTEE MINUTES
2. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 12, 2023
3. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 14, 2023
4. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 20, 2023
5. APPROVAL OF CLAIM CHECKS
6. SUPPLEMENTAL LOCAL AGENCY CONSULTANT AGREEMENT WITH WSP FOR
HIGHWAY 99 STAGE 2
7. SUPPLEMENTAL AGREEMENT WITH SCJ FOR HIGHWAY 99 STAGE 2
8. RESOLUTION ESTABLISHING EXPECTATIONS OF EXPENDITURES RELATED TO
THE IMPLEMENTATION OF THE MOU
9. COUNCIL BUSINESS
1. ADOPTING LEGISLATIVE BLAKE FIX
Police Chief Michelle Bennett explained with the Blake bill, constitutionally it was not enough to just be
in possession of a narcotic material for someone to be charged with possession. The laws were changed to
require law enforcement give two warnings prior to making an arrest for drug possession. As a result, for
the last two years, it has been difficult for law enforcement to make drug arrests because there is no
database that records when someone has a drug arrest in another city. A person could easily have received
two warnings, but law enforcement would never know it was their third time and could make an arrest.
During the last legislative session, the correlation between drug use and retail thefts, increased crime
rates, increased fentanyl overdoses, etc. was clarified and the legislature addressed the issue via the Blake
fix.
Chief Bennett continued, the legislature held a special session in May to address issues with the Blake bill
and through a lot of work done by various entities including the Washington State Police Chiefs and
Sheriff's Coalition, community members, and government officials, a compromise was struck to
encourage people to seek treatment versus an arrestable offense, but also to again made possession of
drugs a misdemeanor or gross misdemeanor. The proposed ordinance simply adopts the language in the
state law. The state law states July 1 as the effective date; however, the legislation in the RCW that
required two referrals prior to arrest has a 90 day clause which will not be repealed until August 14. For
all intents and purposes the police department is not able to bypass the requirement for two warnings until
the expiration, August 14.
Councilmember Nand asked Chief Bennett to clarify for the public's edification, whether once the Blake
fix was in place at the county, state and local level, would it lead to people detoxing in holding facilities
like jail or would there still be diversion and robust community court available in the City of Edmonds
and throughout Snohomish County. Chief Bennett answered it would not negate those options, in fact, the
legislation encourages those to continue. Each community/city has a variety of ways deal with such things
as community court, pretrial diversion, etc. This legislation encourages treatment and rehabilitation.
Councilmember Nand commented unfortunately with the way the system is set up, this is often the easiest
way to get someone into treatment versus a voluntary admit through a detox facility due to a lack of
available beds.
Councilmember Nand continued, expressing the hope that one day society will shift to see this as a health
problem versus criminal activity although she was aware there was associated criminal activity. Until
then, this is the best that can be done. Chief Bennett commented the best time to address someone's drug
use or to have a chance for someone to see the need to get better is the first time not the third time.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE ADOPTION OF THE ORDINANCE IN THE PACKET.
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Councilmember Chen commented this ordinance is timely and fills the gap. When the issue arose with the
Blake decision, the legislature heard the concerns and came with this fix. Now, with the adoption of this
ordinance, the City can address the gap.
Council President Tibbott asked for confirmation that the city attorney reviewed the ordinance, that it met
the City's standards, and that the council should approve it. City Attorney Jeff Taraday advised his office
drafted the ordinance, he modified the effective date clause and he had no concerns with the ordinance.
MOTION CARRIED UNANIMOUSLY.
Mayor Nelson declared a brief recess.
2. HIGHWAY 99 LANDMARK SITE
Parks, Recreation & Human Services Director Angie Feser advised this item is council consideration of
the proposed option agreement for what is known as the Highway 99 Landmark property. The agreement
will enable the City to investigate the opportunity for development while the property is held off the
market. No purchase decision will be made until information is gathered and brought to council at a
much, much later date, as long as 18 months from now. She reviewed:
• Property information
o Address: 24111 Highway 99
o Size 10.06 acres
o Tax lots: 11
o Zoned: GC - General Commercial
o Purchase Price: $37 million (preliminarily agreed to by the land owner and City
representative as a starting point)
o Highlights
■ One owner, willing to sell, interest in property having some civic use
■ No significant critical areas
■ Utilities in streets north and south
■ Close proximity to public and non -motorized transportation including Bus Rapid Transit,
Interurban Trail Corridor, and light rail station in MLT
■ Burlington Coat Factory lease (January 2029)
■ Community driven development
o Due diligence
■ City has been in conversation with land owner for a couple years
■ Completed a zoning memo that identified the highest and best use yields of the property
and mixed use development that could be constructed on the site
■ Conducted an appraisal and appraisal review
■ Preliminary conversations with potential partners for development of the site
Property potential
o Massing study
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9
4
o Community visioning process
■ Master planning the site and possibly surrounding area
o Council goals
o Planning documents
■ Subarea plan
■ Comprehensive plan
■ PROS Plan
o Opportunity for public -private partnerships
o Discussions occurring in the public regarding options for site
■ Community space
■ Public safety
■ Housing
■ Share Parks & Recreation facilities
■ Civic spaces
■ Community services
■ Commercial
■ Opportunity for reinvestment/revitalization and potential catalyst for Highway 99
development, creating a landmark and gateway into the community
Option Agreement
o Components
■ Agreement
■ Purchase Agreement — Material Terms (Exhibit B)
■ $100,000 Option Payment
Phase
Timeline
Action
Details
Activities
1
6 months
Exercise of
Council decision
Community visioning
Option
$100,000 refundable
Due diligence
• Purchase agreement
Funding options
finalized
partnerships
2
12 months
Agreement
Council decision
Master Planning/Community
Addendum
Enacts the Purchase
Engagement
Agreement (Exhibit B)
Due diligence
• Earnest Money Deposit
Funding options
$1 M
Partnerships
3
6 months
Closing
Council decision
Purchase executed
• Next Steps
1. Council consideration of option agreement
2. Project integration and implementation — how do we get all of the pieces done?
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Community/Culture/Economic Development Director Todd Tatum commented this option is an
incredible opportunity that provides the City six months of low risk time to coordinate, collaborate and
ensure everyone is moving in understanding together and he hoped the council would approve option. He
referred to the timeline in the packet that identifies five tasks:
• Project management
o Contracting plan
o Communications plan
o Team establishment
• Develop a purchase and sale agreement
o Negotiate PSA details
o Title report
o Geotech investigation
o Environmental review
• Master plan
o Contracting
o Establish program elements of the site
o Conceptual design
o Schematic design
• Developing financing options
o Prepare Tax Increment Finance (TIF) strategy
o Bonds
o Public/private options
• Implementation Planning (2024 and beyond
o Ongoing project management
o Public/private structure
o Team funding ad budget amendments
Mr. Tatum continued, there is a lot to examine, manage and integrate, particularly with regard to
financing. The function of project management is to plan, execute, monitor and control projects so they
meet objectives and effectively manage change. That is a big lift that will have a big impact on staff and
council. Making informed, timely and mutual decision is critical to the success of this effort as is clear,
thorough communication with residents. A project team and structure is being formed so staff and council
have clarity about how the elements of this effort will come together and how to reach timely and
informed decisions. One of the first steps is to create a steering committee which would include the
council president and another councilmember as plans for community outreach, stakeholder engagement,
budgeting and timeline are solidified. Staff is excited to continue the work that brought this opportunity to
council and look forward to working with the council and the community.
Councilmember Teitzel applauded staff for thinking big, noted this is an exciting prospect. Having said
that, he wanted to be clear-eyed, this is a big deal for the City and he wanted to ensure taxpayers would
not be overburdened. It appeared the way the option agreement was written, the City would be buying the
entire 10 acre parcel. He asked if the property owner would be willing to break up the parcels and the City
purchase only 1-2 parcels for park space, a community center, etc. Ms. Feser answered the project began
with the City approaching the landowner about the three acres on the eastern half of the property which
are undeveloped open space at this time. The City decided not to move forward on just that parcel and it
turned into a conversation about purchasing all the parcels. In her conversations with the property owner,
she believed he wanted to sell all of the parcels as a unit and has expressed a desire to sell the property by
late 2025/2026.
City Attorney Jeff Taraday said the core terms of the purchase and sale agreement attached to the option
agreement make it so the City can assign part or all of its interest in the purchase and sale agreement
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without prior written consent of seller. The only limitation is at least 75% of acreage has to be used for
public purposes. The City could assign any acreage of the site to other public entities who want to use the
site for public purchases and could also assign up to 25% of the property for for -profit development. He
summarized the City would not have to take on the entirety of the site.
Councilmember Teitzel relayed his understanding if the City purchased the property, 75% of the 10 acres
would need to be assigned to public purposes which would not be revenue generating for the City, only
25% would be revenue generating. Mr. Taraday answered it may be correct, but it may depend on
whether a public purpose could occur while the property was owned by a taxable entity; those two things
are not always hand -in -hand although they often are. He could conceive of a hypothetical where the
property remains in a taxable state and is still used for public purposes.
Councilmember Teitzel relayed his understanding the $37 million was a starting point for negotiations.
Ms. Feser answered that is the currently agreed upon purchase price. Councilmember Teitzel asked why
that number would change. Ms. Feser answered if something was discovered during due diligence that
drove down the purchase price, the City could approach the land owner to negotiate the price. At this
point in time, the purchase price is $37 million from now until the closing in two years. Mr. Taraday
clarified during the six months while the purchase and sale agreement is being formalizing, anything
could happen. Once the purchase and sale agreement is solidified, the property owner would not be able
to increase the price and would be locked in at $37 million. As Ms. Feser stated, if during the course of
the City's due diligence something was discovered that made the property not worth $37 million, the deal
would not have to close.
Councilmember Nand thanked staff who have involved in bringing this incredible opportunity to the
community. She asked if the land owner could get more than $37 million for the property if it were put on
the market. Ms. Feser answered that was speculating real estate and it would be difficult to say.
Councilmember Nand asked if the relationship with the land owner would be jeopardized if the council
did not approve the option agreement tonight. Ms. Feser answered it did not need to be approved tonight.
If the option to purchase was not executed with the land owner, it would eventually jeopardize
communication and negotiations with the property owner.
Councilmember Nand asked if 75% were designated toward public uses, did staff anticipate the City
would be able to easily find grant partners to finance the property purchase. Mr. Tatum answered there
are a number of grants available to help fund the purchase and development of this property. Public
purposes can vary so without a specific public purpose in mind, he could not identify a specific grant. The
goal/intent over the next several months is to explore those public purposes and levels of public/private
partnership to make this a make feasible project.
Councilmember Nand referenced discussions regarding the Unocal property and asked if staff anticipated
looping in the state and county legislative delegations. Mr. Tatum answered one of the first steps will be
contacting state and federal representatives; that conversation needs to start early and continue as there
are number of things on which their help and support will be needed. Councilmember Nand asked if staff
anticipated reaching out to neighboring cities about potential interlocal agreements. Mr. Tatum answered
staff has discussed that and there has been outreach to other municipalities, exploring uses and
programming on the site. Councilmember Nand asked if staff anticipated getting buy -in from the
Edmonds School District or Sno-Isle Libraries for usage of the property. Mr. Tatum said he could not
speak to that at this point.
Councilmember Buckshnis referred to the indication in the presentation that an appraisal was conducted
and asked why it was not included in the packet and what the appraised amount was. Ms. Feser said she
would be happy to share the appraisal and amounts in executive session. Councilmember Buckshnis
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asked about the estimated cash flow from the Burlington Coat Factory and other businesses, noting the
appraisal must have included cash flow. Ms. Feser suggested discussing details of the appraisal in
executive session. Councilmember Buckshnis hoped an executive session would be scheduled.
Councilmember Buckshnis asked how the 75/25 split was determined and why not a 50/50 split. Mr.
Taraday answered he did not have a lot of detail on it except that it was his general understanding the
property owner would not have accepted a 50150 split. Councilmember Buckshnis asked if cottage
housing or affordable housing would be considered a public purpose. Mr. Taraday answered it is an
interesting question whether affordable housing would be considered a public purpose. That is a detail
that will be worked out when negotiating the purchase and sale agreement. Market rate housing would not
be a public purpose. To the extent that any portion of the site was used for market rate housing, it would
need to be limited to 25% of the acreage.
Councilmember Buckshnis observed only 25% or approximately 2.5 acres could be revenue generating
like a store. Mr. Taraday answered affordable housing is revenue generating. He suggested
Councilmember Buckshnis clarify what she mean by revenue generating. Councilmember Buckshnis
commented most of Highway 99 is revenue generating for the City such as car dealerships, restaurants,
stores, international district, hospital, etc. Mr. Taraday clarified she meant sales tax generating which
would need to be limited to 25%. Councilmember Buckshnis found this exciting, but wanted to drill down
on the numbers. The timeline in the packet does not have enough council touchpoints and is very
aggressive with regard to TIF. She hoped to have a clearer understanding as this moved through the
process.
Councilmember Olson relayed her understanding TIF could not be used for 75% of the purchase as TIF is
based on projected future revenue. Ms. McLaughlin answered property tax revenue primarily. Mr. Tatum
said it is based on the tax increment area. Ms. McLaughlin pointed out the City may purchase the property
but may not be the resultant land owner at the end of the process. If the City engages in a public -private
partnership, it may be more advantageous for the City not to own the land and negotiate via a
development agreement to have public facilities on the site. Mr. Taraday it has not been fully evaluated
whether a nonprofit that owned a portion of the site and operated affordable housing on the site would be
exempt or subject to property tax. If the nonprofit -owned portion was subject to property tax, then TIF
would still potentially apply to that acreage. That is still being evaluated and something the City will need
to be sure about before financing anything with TIF.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
TALK ABOUT THE HIGHWAY 99 LANDMARK SITE AS AN OPPORTUNITY TO VET ITS
ACQUISITION VERSUS A PLAN TO ACQUIRE IT.
Councilmember Olson agreed the council needed to go through this public process and talk about all the
possible opportunities because there is risk involved in a huge capital investment and a huge investment
of time and staff effort. The City will need to figure out whether all the things being planned are worth all
the other things. She was concerned there was already discussion about the City planning to buy the
property. She agreed the six month window was pretty low risk, basically losing the interest opportunity
on the $100,000 for six months and staff and consultant time. Her biggest concern was just assuming the
council will make this happen because it may not be worth the capital investment, the risk and the time
when all is said and done and that will not be known until there is a plan for the site. Her pie in the sky
vision is to have arena sports and partner with the Boys & Girls Club and the City where there is
nighttime and weekend use by the community like at the Edmonds Waterfront Center. Arena sports is a
great revenue generator, there is a need for an indoor sports arena in south Snohomish County, and it is a
great location close to major arterials. There is great potential and she was excited about looking into it,
but the council needs to know about opportunities on the site before they know if it is worth pursuing. She
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was concerned with setting the community up for disappointment if after vetting, it is not the best use of
the City's time, money and effort.
Council President Tibbott asked if that language changed the option agreement, noting it seemed like
semantics. Ms. Feser asked if Councilmember Olson wanted to change components of the option to
purchase. Councilmember Olson said she did not see anything in the option agreement that said
otherwise, it is not binding, and either party can walk away after six months. Her concern was related to
what she heard at the media launch announcement as well as conversations in the media and comment
threads.
Councilmember Chen thanked the three directors for their efforts and the time they have devoted to this
project. He lives in that area and was very excited about the possibility, but wanted to emphasize City
government was not in the business of buying, selling, and flipping land.
Councilmember Olson raised a point of order, requesting councilmembers speak to the motion. Mayor
Nelson ruled point taken.
Councilmember Nand commented the motion was putting the cart in front of the horse and it seemed like
a more appropriate process to pursue through the steering committee that would be chaired by the council
president. At that point it would be appropriate if Councilmember Olson or other councilmember wanted
to go through a public process to determine whether to acquire the property or not. She preferred to
execute the option agreement tonight or as soon as possible to protect and preserve this incredible
opportunity for the community. She did not support the motion.
Councilmember Chen said he did not support the motion.
Councilmember Teitzel commented the motion was well intended, however, the option agreement as
written allows flexibility to vet the purchase without risk. The option agreement accomplishes what the
motion proposes so he will vote against the motion..
Councilmember Olson commented the motion may have been misunderstood; her thought was for the
council to have a meeting of the minds and agreement that the council should be careful about how they
speak about the purchase and be sensitive to the community's expectations if the purchase is discussed as
a plan versus a vetting process.
UPON ROLL CALL, MOTION FAILED (1-5), COUNCILMEMBER OLSON VOTING YES;
COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS, OLSON AND NAND AND COUNCIL
PRESIDENT TIBBOTT VOTING NO.
Councilmember Chen commented the City is not in the real estate business. This area of the City needs a
lot of improvements, but the City needs to determine what the community needs before purchasing 10
acres of land. The area needs a police substation and community center. The City needs to do the
necessary outreach and buy land that fits the needs, not just buy 10 acres and try to flip the land.
COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
REJECT THE PURCHASE OPTION AGREEMENT WHILE WE DO FURTHER
EXPLORATION.
Councilmember Chen reiterated the City needs to understand the community's needs first and based on
those needs, determine how much land is needed. This is not the only property on Highway 99; there are
other properties for sale on Highway 99, in Five Corners, etc. He noted $37 million is significantly higher
than the assessed value and he agreed council needed to look at the appraisal. It will take the taxpayers a
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8.2.a
long time to pay off $37 million and based on the 75/25% assignment, he feared the City may end up in a
big hole.
Mayor Nelson commented there is a lot of rushing to judgment, noting it is an 18 month process.
Councilmember Nand spoke against the motion, stating it is putting the cart in front of the horse. She did
not support devoting any staff resources or engaging the community on potential uses for the property
without an option agreement to protect the City's right to purchase. It would be cruel and foolhardy to get
the Highway 99 community's hopes up that they could have a community center and other wonderful
uses without the protection of an option agreement and have a developer outbid the City. The
conversation has already started in the community and the public is excited. Their enthusiasm, ideas and
engagement needs to be respected by the City dotting it's I's and crossing it's T's via having an option
agreement in place before beginning to discuss potential uses of the property.
Councilmember Buckshnis expressed concern with how this was rolled out, noting it was an ethics issue
but the City does not have a good code of conduct. The council should have held an executive session to
talk about the appraisal and look at the numbers so everyone is informed instead of just running on blind
faith. A lot of people are excited, it is a great concept but it's like throwing 50 million snowballs at once.
This was not in the CIP/CFP, a huge consideration that was troublesome to her. At one point in time there
was discussion about 3 acres and now suddenly it was 10 acres and the cost was $37 million which was a
lot of money. She has seen TIFs fail terribly and developers make a lot of money because of insufficient
code. There is hope and she will support the option even though she did not like how it was rolled out.
She hoped to have an executive session to talk about this freely and not be blindsided regarding what's
going on. She did not support the motion.
Councilmember Olson said what got her attention tonight is the 75% for public use versus commercial;
she did not see how TIF would work in that scenario. Second, the property is right at the border of the
City and making a $37 million investment there means the City will not have money for other public uses.
She recalled comments from residents saying this site on the City's border is not the best place for a
police station or even a community center unless it is shared with Shoreline. She expressed a preference
to wait a week to make a decision. With the 75%/25% split, she did not see how the council could
ultimately move forward with the purchase. She did not want to damage the relationship with the
landowner, but that part of the deal makes it unlikely funds would be available to make investments near
220' or 228' that would serve more of the Edmonds corridor.
Mr. Tatum said TIF is not the 100% solution for purchasing this property. The greatest thing about the
option is it provides 6 months of worry free/risk free time, followed by 12 months and during that time,
the opportunity to work on partnerships, work with legislators, explore grant funding, etc. He knew the
property would require a lot of funding sources; the 18-month timeframe allows exploration of a lot of
options. He agreed it was possible at the end it may be that none of the funding options will work or
maybe the public component is actually revenue generating depending on how it is structured. There is a
lot of study to be done to reach a workable project. There is a lot of uncertainty but the timeline provides
an opportunity for exploration.
Ms. McLaughlin said Councilmember Olson's point about the 75%/25% split in the revenue projection is
a valid factor that needs to be considered in the initial TIF analysis to determine if the TIF tool will work.
That analysis will be complete before the conclusion of the six month risk free period. The TIF tool
would be better used for infrastructure and not property acquisition. A multitude of finance options need
to be considered and the revenue projections need to be considered based on the 75%/25% split.
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8.2.a
UPON ROLL CALL, MOTION FAILED (2-4), COUNCILMEMBERS CHEN AND OLSON
VOTING YES; COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBERS TEITZEL,
BUCKSHNIS, AND NAND VOTING NO.
A MOTION WAS MADE BY COUNCILMEMBER BUCKSHNIS AND SECONDED, TO TABLE
UNTIL THE COUNCIL HOLDS AN EXECUTIVE SESSION TO FINALLY VET THIS WHICH
SHOULD HAVE DONE AT VERY BEGINNING OF TIME.
UPON ROLL CALL, MOTION FAILED (3-3), COUNCILMEMBERS CHEN, BUCKSHNIS AND
OLSON VOTING YES; COUNCILMEMBERS TEITZEL AND NAND AND COUNCIL
PRESIDENT TIBBOTT VOTING NO.
Council President Tibbott advised an executive session would be held at the soonest possible date on this
topic so the council could be well informed. He asked the building height for the site. Ms. McLaughlin
answered it is the City's most generous building height, 75 feet. Council President Tibbott commented
that would allow commercial space with approximately 6 stories above and on 2.5 acres, that could be a
significant amount. Ms. McLaughlin agreed, especially if there was a publicly funded shared parking
facility.
Council President Tibbott commented housing on 25% of the site would be a fairly significant income
generator. He asked when the $1 million in earnest money was due. Ms. Feser answered it was when the
purchase and sale agreement was executed. Mr. Taraday answered it was due when the option was
exercised; there was an 18-month option period, the first 6 of which was the preview and at the end of 18
months at the end of 2024, the City would exercise the option or not. Exercising the option means the
City was in a binding purchase and sale agreement where the City puts down $1 million in earnest money
followed by six months to close. He clarified while theoretically there was no deadline by which the
council needed to act on the option agreement, the 18 months would not keep extending. The clock has
already started essentially; the council can act tonight or in two or four weeks in the future, but that
reduces the due diligence period, it does not get pushed out.
COUNCILMEMBER NAND MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO
AUTHORIZE THE MAYOR TO EXECUTE THE OPTION AGREEMENT BETWEEN EASTERN
INVESTMENT CORPORATION AND SOUTHEAST 888 INVESTMENT LLC WITH THE
ANTICIPATION THAT WE WILL GO INTO EXECUTIVE SESSION AND THE COUNCIL
PRESIDENT WILL HEAD UP A STEERING COMMITTEE WITH A COUNCILMEMBER TO
BEGIN A ROBUST PUBLIC PROCESS.
Councilmember Olson asked if the reason to proceed before holding an executive would be because
waiting for the executive session would reduce the due diligence period. Mr. Taraday explained the
option agreement states the option needs to be exercised by December 31, 2024. That date is not likely to
change. Regardless of when the city council decides to act on the option agreement, the December 31,
2024 deadline will probably not change. Councilmember Olson asked if the start of the six month window
could change. Mr. Taraday answered it was his understanding that could change. To set expectations
regarding the executive session, he clarified the only topic that could be discussed in executive session
would be the relationship between the option price and the appraised value; everything else would need to
be discussed in public so it would be a very short executive session.
Councilmember Olson said she will vote no on the motion since it has already been agreed to hold an
executive session. Mr. Taraday pointed out since this is a regular meeting, an executive session could be
held tonight.
Councilmember Nand commented it is incredibly benevolent of the property owner to have such a strong
desire that the property be used for the good of the community. Now that everything is public, this is an
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Packet Pg. 78
8.2.a
incredible opportunity for the City and she wanted to ensure the City's bargaining position was protected
while what would occasionally be thorny public discussions occurred related to acquisition of the
property, how it would be financed, whether it was a good deal, etc. Under no circumstance did she want
the property owner to be spooked by discussions that occur at the dais or in executive session.
Transactionally the council needs to protect its bargaining position and options before processing
questions related to funding, whether to split up the property, etc. The process needs to come later and she
encouraged councilmembers not to put the cart in front of the horse. The council needs to guarantee this
opportunity will not go away based on the whim of the property owner by executing this option
agreement. She agreed with having an executive session to very narrowly discuss the difference between
the appraised value and the $37 million and having a robust public process. She looked forward to the
council president's plans for the steering committee.
Councilmember Chen was excited about the possibilities related to this potential acquisition, but he did
not want to make a mistake by committing the City to $37 million before having a full understanding. He
urged councilmembers not to put the cart in front of the horse, to hold the executive session first and then
make a decision.
Councilmember Teitzel asked if the council approves the option agreement tonight and then learns
something in the executive session that causes severe concern, can the council unwind the vote. Mr.
Taraday corrected his earlier statement; the effective date is a defined term in the agreement, July 1, 2023
so regardless of when the council acts, the six months start July 1, 2023. In response to Councilmember
Teitzel's question, he read key language from the option agreement, "If the parties have not executed such
an addendum, for any reason, within ONE HUNDRED EIGHTY (180) days of the Effective Date,
Optionor shall return the entire Option Payment to Optionee and this Agreement shall terminate."
Council President Tibbott called for a 10 minute executive session. Mr. Taraday advised the executive
session would be pursuant to RCW 42.3 0.11 0(l)(b), To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge regarding such consideration would cause a
likelihood of increased price.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO
EXTEND TO 10:30. MOTION CARRIED UNANIMOUSLY.
Executive Session
At 9:51 p.m., the city council convened in executive session for approximately 10 minutes pursuant to
RCW 42.30.110(1)(b), to consider the selection of a site or the acquisition of real estate by lease or
purchase when public knowledge regarding such consideration would cause a likelihood of increased
price.
The executive session concluded at 10:00 p.m. The meeting was reconvened at 10:01 p.m.
Councilmember Nand restated the motion:
THAT COUNCIL AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN
EASTERN INVESTMENT CORPORATION AND SOUTHEAST 888 INVESTMENT LLC AND
THE CITY OF EDMONDS PURSUANT TO US ENGAGING IN AN EXECUTIVE SESSION TO
DISCUSS THE NARROW TOPIC OF THE APPRAISED PRICE AND THEN ALSO ON THE
ASSUMPTION THAT THE COUNCIL PRESIDENT AND THE VARIOUS DIRECTORS WOULD
ENGAGE IN A ROBUST PUBLIC PROCESS OVER THE NEXT SIX MONTHS RELATED TO
USAGE OF THE PROPERTY.
UPON ROLL CALL, MOTION CARRIED (3-1-2), COUNCILMEMBERS TEITZEL AND NAND
AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBER OLSON VOTING
NO; AND COUNCILMEMBERS CHEN AND BUCKSHNIS ABSTAINING.
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8.2.a
3. CLEAN BUILDINGS ACT - FRANCES ANDERSON CENTER INVESTMENT GRADE
AUDIT
Facilities Manager Thom Sullivan advised the State of Washington enacted the Clean Buildings Act
(CBA) in 2019 which requires more energy efficient standards for aging buildings. The Frances Anderson
Center is 95 years old and the last major remodel was 72 years ago. Several infrastructure upgrades have
been done since the City has owned the property include new roofs, insulation, electrical, plumbing, etc.,
but the CBA will address the inefficient HVAC system, gas fired boilers. He reviewed:
• Project goals
o Aging infrastructure
■ Inefficient and inadequate HVAC serving building
■ Equipment failures and costly emergency repairs
o Climate Action Plan
■ City goal to be carbon neutral by 2050
■ Study is the first step in planning process
o Clean Building Compliance
■ Legislation requiring compliance by 6/l/2028
- Frances Anderson Center is 55,000 ft2
Study Scope
o Energy Audit
■ Evaluate existing building systems and operation
■ Propose initiatives addressing:
- Replacement & upgrades to aging systems
- Associated energy savings
- Guaranteed project cost and savings
- Support planning pathway to compliance
Department of Enterprise Services (DES)
o Partnering with DES to utilize state program
o Provide energy project management, support customers to reduce operational costs
What is the role of DES?
0 1986 RCW 39.35: Legislative Authority to DES
o Prequalified providers
o Project oversight
o Contractual framework & coordination
o Financial transparency
Project benefits
o Facility Updates
■ Address facility HVAC needs
■ Improved equipment efficiencies
■ Avoid costly emergency repairs
o Community Support
■ Added resiliency to HVAC system
■ Supports needs for cooling center
■ Improve shelter potential
o Funding resources
■ Align with grant and rebate opportunity
■ Avoid CBPS compliance issues and costs
■ IRA funding reimbursement
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Packet Pg. 80
8.2.a
Councilmember Olson commented it was exciting for the community to learn how the City was
upgrading its facilities.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
ACCEPT THE PROPOSAL FOR AN INVESTMENT GRADE AUDIT TO IDENTIFY AND
ANALYZE PERFORMANCE BASED CONTRACTING MEASURES AT FRANCES ANDERSON
CENTER. MOTION CARRIED UNANIMOUSLY.
4. AWARD CONSTRUCTION CONTRACT FOR CITYWIDE BICYCLE
IMPROVEMENTS AND ELM WAY WALKWAY PROJECTS
City Engineer Rob English reviewed:
• Project Overview Map
o Alignment At: 100' Ave W from 244' SW/205" St SW to Walnut
o Alignment A2: Bowdoin Way from 9' Ave to 84t' Ave W
o Alignment A3: 228t' St SW from 80t' Ave W to 78' Ave W
o Alignment A4: Sharrows along 80' Ave W from 228" St SW to 22011' St SW
• Citywide Bicycle Improvements
o Bicycle lanes and sharrow pavement markings (-7.5 lane miles)
0 15 new ADA compliant pedestrian raps
0 3 Rectangular Rapid Flashing Beacons (RRFB) systems
■ 9' Ave/Pine St
■ 100th Ave/224t'' St
■ Bowdoin Way/Pioneer Way
o Pedestrian safety modifications at:
■ Yost Park entrance
■ Woodway campus entrance
o Traffic signal modifications a5 100t' Ave/220t' St and 100t' Ave/SR104
o Pavement widening on 228t<' St (80' Ave to 78t' Ave)
• Elm Way Walkway — 8t' Ave to 9t' Ave
0 700 feet of new curb, gutter and sidewalk (south side)
0 6 new ADA compliant pedestrian ramps
o Stormwater improvements (detention system, piping and catch basins)
o Pavement striping and signing
• Bid results
Contractor Bid Results
Amount
Laser Underground & Earthworks
$2,675,267
Kamins Construction
$2,682,121
Road Construction NW
2,767,012
A-1 Landscaping
$3,135,894
Colacurcio Brothers
$3,185,070
Engineer's Estimate
$1,997,231
• Construction budget
Item
Citywide
Bikelane
Elm Way
Walkway
Total
Contract Award
$1,925,350
$749,917
$2,675,267
Construction Mgmt, Inspection &
Testing 15%
$288,803
$112,488
$401,291
Mgmt Reserve 10%
$192,535
$74,992
$267,527
1% for Arts local funds
$5,452
$7498
$12,862
Total
$2,412,140
$944,895
$3,357,035
Edmonds City Council Draft Minutes
June 27, 2023
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Packet Pg. 81
e Construction Funding
Funding Source
Citywide Bike Lane
Elm Way Walkway
Total
Sound Transit Grant
$1,365,000
$1,380,000
REET (125/126)
$496,655
$535,348
$1,074,394
Storm Utility 422
$338,384
$349,927
76t' Overlay Savings 125/1260
$189,255
$189,254
2023 Overlay 125/1260
$62,000
$62,000
2023 Storm Projects 422
$43,522
$43,522
Added Funds (126 REET)
$299,230
$27,641
$326,871
Total
$2,412,140
$944,895
$3,357,035
*Green = in 2023 budget
*Red = additional funds are needed to fund construction
• Staff recommendation
o Award Construction Contract to Laser Underground & Earthworks, Inc. for $2,675,267.
o Authorize a 10% Management Reserve of $267,527.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
AWARD THE CONSTRUCTION CONTRACT TO LASER UNDERGROUND & EARTHWORKS,
INC. FOR $2,675,267 AND AUTHORIZE A MANAGEMENT RESERVE OF $267,527.
Councilmember Olson relayed her understanding the Elm Way Walkway project was quite expensive,
commenting it was great to do the projects together so there is less disruption in the neighborhood as well
as cost savings. Elm Way is an extremely dangerous situation for pedestrians and she was excited to have
the project moving forward.
Councilmember Chen thanked staff for moving this project forward. It will provide more connections
within the City and improved safety for pedestrians and bicyclists.
Councilmember Teitzel asked if the construction budget included the cost of signal changes at SR-104
and 100t' intersection and the pedestrian and bicycle safety improvements. Mr. English answered it
includes what was in the original bid package.
Councilmember Nand found it fascinating that it costs $3.3 million to pave and build out 700 feet of
sidewalk. During the council budget workshop in north Edmonds, there was concern expressed with the
perceived delay in street improvements. When one looks at the numbers and sees how time intensive and
incredibly expensive it is to build sidewalks, she hoped the community realized why projects take so long.
MOTION CARRIED UNANIMOUSLY.
5. RESOLUTION INCREASING VEHICLE LICENSE FEE - TRANSPORTATION
BENEFIT DISTRICT
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
POSTPONE ITEM 9.5, RESOLUTION INCREASING VEHICLE LICENSE FEES -
TRANSPORTATION BENEFIT DISTRICT, TO ANOTHER EVENING.
Councilmember Olson commented if people have the energy to stay, she would rather the council
consider this item.
Councilmember Nand commented the council has received public comment that call this a regressive tax
and it deserves a robust public discussion. She preferred to move this item to another meeting.
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Packet Pg. 82
8.2.a
MOTION CARRIED UNANIMOUSLY.
i [ICU EVC111AKE010V lu 1 Bla V
Mayor Nelson thanked for community members and City staff for the wonderful park opening and
amazing turnout. With the 4' of July celebration coming up and the increased risk of fire and dangers of
fireworks, he reminded of the City's $500 fine for lighting off fireworks. He urged the community not to
light off fireworks.
11. COUNCIL COMMENTS
Councilmember Olson expressed her commitment to addressing the lack of amenities and the
infrastructure needs of the south Edmonds area. Her vote tonight did not reflect a lack of commitment on
those items, but instead a concern that it would distract the council from the things they need to act on
most.
Councilmember Teitzel echoed Mayor Nelson's comment about the wonderful opening of Civic Park
Playfields. He expressed disappointment with graffiti tagging at several locations in the park last night
when the park has been open less than a week. He urged the public to keep their eyes open and to say
something if they saw anyone spray painting or defacing the area.
Councilmember Chen assured the public and his family that he cares about Highway 99 and the property
the council discussed tonight. His vote tonight was out of caution due to unanswered questions. Moving
forward the council will be working with staff and the public to see the project come to fruition with
caution. He advised of fireworks in Mountlake Terrace on Lake Ballinger on July 3. The Edmonds side of
the park is closed for construction; the best viewpoint is on the Mountlake Terrace side in the boat launch
area.
Council President Tibbott reported on the grand opening of the park; it was a beautiful day with many
activities and it was a lot of fun. He referred to a council special meeting prior to this meeting regarding
the 2024 budget where he may have observed just a little excitement about the budget season.
Councilmember Nand gave a shout out to the Edmonds Chamber of Commerce who are responsible for
the wonderful 4' of July celebrations. The Chamber has a very small staff on a shoestring budget that pull
off miracles every year. The new executive director, Ryan Crowther, and staff members Alicia, Erica and
Caitlin work extremely hard. She noted many think the City puts on the 4tn of July celebrations, but it is
really the Chamber of Commerce.
Councilmember Buckshnis said she read all about the opening of Civic Park; it looked like a great time.
She had a nice time in Happy Camp, Oregon. She reported she abstained from the vote tonight because
she is a numbers person and the council was not given sufficient information. That did not mean she did
not support the effort, she will wholeheartedly support it, but an executive session should have been held
first instead of throwing 500 snowballs at council. It will be interesting to see how the City proceeds;
there is still the comprehensive plan, Perrinville, Shell Creek, and the budget to do and she hoped the City
did not lose focus on other issues.
12. ADJOURN
With no further business, the council meeting was adjourned at 10:27 p.m.
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Packet Pg. 83
8.3
City Council Agenda Item
Meeting Date: 07/5/2023
Approval of claim checks and wire payment.
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Lori Palmer
Background/History
Approval of claim checks #258075 through #258157 dated June 29, 2023 for $700,177.25 and wire
payments of $42,662.26.
Staff Recommendation
Approval of claim checks and wire payments.
Narrative
In accordance with the State statutes, City payments must be approved by the City Council. Ordinance
#2896 delegates this approval to the Council President who reviews and recommends either approval or
non -approval of payments.
Attachments:
us bank check list
positive pay 2 6-29-2023 agenda
positive pay 6-29-2023 Agenda
Packet Pg. 84
8.3.a
apChkLst
06/29/2023 2:14:37PM
Trial Check List
City of Edmonds
Page: 1
Bank: usbank U.S. BANK
Check # Date Vendor
Invoice
Inv Date
Description
Amount Paid
Check Total
N
6222023 6/22/2023 062693 US BANK
5923
6/6/2023
CS/ECON DEV CREDIT CARD M/
2,970.66
0747
6/6/2023
PW CC - 6/6/23
2,867.03
w
E
7565 06/06/23
6/6/2023
STRUM CC 7565 06-06-23
2,323.83
5120 06-06-23
6/6/2023
DANIELS CC 5120 06-06-23
2,321.97
Q-
8559 06-06-23
6/6/2023
PECK CC 8559 06-06-23
2,013.32
L
9821 06-06-23
6/6/2023
GREENMUN CC 9821 06-06-23
1,918.96
3
6654
6/6/2023
SULLIVAN CC - 6/6/23
1,469.84
6453 06-06-23
6/6/2023
BENNETT CC 6453 06-06-23
675.10
w
2985
6/6/2023
WWTP: 2023 DOR TANK BUS. LIC
609.95
cYi
1937
6/6/2023
FLEET CC - 6/6/23
8,478.97
25,649.63
6292023 6/29/2023 062693 US BANK
8770
6/6/2023
8770 JESSE CURRAN CREDIT C/
6,085.48
E
8045
6/6/2023
8045 JAY SANDSTROM CREDIT (
3,788.21
9294
6/6/2023
9294 PARKS CREDIT CARD
498.83
8111
6/6/2023
8111 MICHELE PARKER CREDIT,
338.98
4-
0
8102
6/6/2023
8102 JENNIFER LEACH CREDIT (
36.66
>
5680
6/6/2023
5680 SHANNON BURLEY CREDIT
609.98
0
6681
6/6/2023
6681 KYLE WOODS CREDIT CAR
1,000.08
a
6459
6/6/2023
6459 ANGIE FESER CREDIT CAR
905.99
Q
7290
6/6/2023
7290 ROB FREEBORN CREDIT C
1,885.52
N
8078
6/6/2023
8078 CARA BROWN CREDIT CAF
1,862.90
17,012.63
Y
Sub total
for U.S. BANK:
42,662.26
c
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Page: 1
Packet Pg. 85
8.3.a
apChkLst Trial Check List Page: 2
06/29/2023 2:14:37PM City of Edmonds
2 checks in this report.
Grand Total All Checks: 42,662.26
Page: 2
Packet Pg. 86
apPosPay
6/29/2023 1:17:26PM
Positive Pay Listing
City of Edmonds
8.3.b
Page: 1
Document group:
mmccreary
Vendor Code & Name
Check #
Check Date
Amount
072799
ANDRES, KAREN
258146
6/29/2023
17.69
075280
BYRUM, RICHARD A
258147
6/29/2023
185.00
073029
CANON FINANCIAL SERVICES
258148
6/29/2023
283.01
073249
CG ENGINEERING, PLLC
258149
6/29/2023
1,500.00
078943
DIEL, ARNIE WAYNE
258150
6/29/2023
296.00
ui
008705
EDMONDS WATER DIVISION
258151
6/29/2023
553.53
c
075016
LEMAY MOBILE SHREDDING
258152
6/29/2023
17.62
078936
MORGISON, DUANE
258153
6/29/2023
296.00
079314
ROSETO, ALEC
258154
6/29/2023
179.87
a
065769
SADORUS, JEFFREY
258155
6/29/2023
222.00
037375
SNO CO PUD NO 1
258156
6/29/2023
389.50
3
011900
ZIPLY FIBER
258157
6/29/2023
120.25
GrandTotal:
4,060.47
Total count:
12
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Packet Pg. 87
8.3.c
apPosPay Positive Pay Listing Page: 1
6/29/2023 10:44:50AM City of Edmonds
Document group: mmccreary
Vendor Code & Name Check # Check Date Amount
078745
A-1 LANDSCAPING & CONSTRUCTION
258075
6/29/2023
345,852.85
065052
AARD PEST CONTROL
258076
6/29/2023
109.40
000135
ABSCO ALARMS INC
258077
6/29/2023
115.86
065568
ALLWATER INC
258078
6/29/2023
40.06
063862
ALPINE PRODUCTS INC
258079
6/29/2023
6,971.44
001528
AM TEST INC
258080
6/29/2023
435.00
065378
APPLIED INDUSTRIAL TECH
258081
6/29/2023
81.52
069751
ARAMARK UNIFORM SERVICES
258082
6/29/2023
220.60
070305
AUTOMATIC FUNDS TRANSFER
258083
6/29/2023
1,274.50
072577
BAURECHT, MAGRIT
258084
6/29/2023
170.00
078405
BERGEVIN, JACOB D
258085
6/29/2023
800.00
028050
BILL PIERRE FORD INC
258086
6/29/2023
364.99
073029
CANON FINANCIAL SERVICES
258087
6/29/2023
1,112.06
067446
CEM CORPORATION
258088
6/29/2023
14,044.55
079151
CM HEATING INC
258089
6/29/2023
118.40
062975
COLLISION CLINIC INC
258090
6/29/2023
3,988.82
070323
COMCAST BUSINESS
258091
6/29/2023
57.16
065683
CORRY'S FINE DRY CLEANING
258092
6/29/2023
306.73
005965
CUES INC
258093
6/29/2023
120.93
076577
CWT LLC
258094
6/29/2023
5,215.60
079013
DEALERSHIP GLASS AUTO GLASS
258095
6/29/2023
360.48
065739
DTG RECYCLE
258096
6/29/2023
2,032.74
074674
ECOLUBE RECOVERY LLC
258097
6/29/2023
200.50
076610
EDMONDS HERO HARDWARE
258098
6/29/2023
82.51
008705
EDMONDS WATER DIVISION
258099
6/29/2023
256.86
008812
ELECTRONIC BUSINESS MACHINES
258100
6/29/2023
131.96
069469
ENNIS-FLINT INC
258101
6/29/2023
24,227.55
009350
EVERETT DAILY HERALD
258102
6/29/2023
149.64
012199
GRAINGER
258103
6/29/2023
379.75
012900
HARRIS FORD INC
258104
6/29/2023
143.71
010900
HD FOWLER CO INC
258105
6/29/2023
4,598.09
078923
HKA GLOBAL INC
258106
6/29/2023
11,040.00
067862
HOME DEPOT CREDIT SERVICES
258107
6/29/2023
1,525.66
076488
HULBERT, MATTHEW STIEG
258108
6/29/2023
875.00
069733
ICONIX WATERWORKS INC
258109
6/29/2023
7,876.64
014940
INTERSTATE BATTERY SYSTEMS
258110
6/29/2023
55.03
079318
JAY DIGITAL STRATEGIES
258111
6/29/2023
20,000.00
079069
KISHA POST
258112
6/29/2023
4,795.00
078500
LEFTA SYSTEMS
258113
6/29/2023
398.00
073603
LIGHTHOUSE LAW GROUP PLLC
258114
6/29/2023
78,001.80
066064
LISTEN AUDIOLOGY SERVICE INC
258115
6/29/2023
610.00
018950
NAPA AUTO PARTS
258116
6/29/2023
59.85
024302
NELSON PETROLEUM
258117
6/29/2023
290.51
077724
NENA
258118
6/29/2023
281.78
064215
NORTHWEST PUMP & EQUIP CO
258119
6/29/2023
686.96
072739
O'REILLYAUTO PARTS
258121
6/29/2023
15.45
077389
OLYMPIC ELEVATOR COMPANY
258120
6/29/2023
11,421.94
002203
OWEN EQUIPMENT COMPANY
258122
6/29/2023
12,040.67
027450
PAWS
258123
6/29/2023
6,613.00
028860
PLATT ELECTRIC SUPPLY
258124
6/29/2023
20.75
071594
PROFORCE LAW ENFORCEMENT
258125
6/29/2023
28,293.62
046900
PUGET SOUND ENERGY
258126
6/29/2023
49.28
074712
RAINIER ENVIRONMENTAL LAB
258127
6/29/2023
700.00
Page: 1
Packet Pg. 88
apPosPay Positive Pay Listing
6/29/2023 10:44:50AM City of Edmonds
Document group: mmccreary
Vendor Code & Name Check # Check Date Amount
069477
ROTARY OFFSET PRESS INC
258128
6/29/2023
7,331.33
076800
ROTHFUS, DEBRA
258129
6/29/2023
44.65
036950
SIX ROBBLEES INC
258130
6/29/2023
134.35
037375
SNO CO PUD NO 1
258131
6/29/2023
23,476.16
063941
SNO CO SHERIFFS OFFICE
258132
6/29/2023
34,039.75
038100
SNO-KING STAMP
258133
6/29/2023
97.53
038410
SOUND SAFETY PRODUCTS
258134
6/29/2023
701.80
075025
THE BRANDING IRON LLC
258135
6/29/2023
362.44
065459
THE HERALD SUBSCRIPTION
258136
6/29/2023
302.40
041960
TOWN & COUNTRY FENCE INC
258137
6/29/2023
501.18
071549
UNIVAR SOLUTIONS USA INC
258138
6/29/2023
1,902.69
044960
UTILITIES UNDERGROUND LOC CTR
258139
6/29/2023
321.21
067865
VERIZON WIRELESS
258140
6/29/2023
16.92
075155
WALKER MACY LLC
258141
6/29/2023
15,315.00
067195
WASHINGTON TREE EXPERTS
258142
6/29/2023
3,867.50
075635
WCP SOLUTIONS
258143
6/29/2023
4,208.58
078389
ZENNER USA
258144
6/29/2023
2,912.19
011900
ZIPLY FIBER
258145
6/29/2023
965.90
GrandTotal:
696,116.78
Total count:
71
Page: 2
Packet Pg. 89
9.1
City Council Agenda Item
Meeting Date: 07/5/2023
Boys & Girls Club New Facility Design
Staff Lead: Angie Feser
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Background/History
The City of Edmonds and the Boys & Girls Club of Snohomish County (BGCSC) have a Ground Lease
Agreement (attached) which allows for construction of a new facility in the allocated 12,000 square foot
area within Civic Center Playfield Park. This agreement, approved in February of this year, requires the
City Council's review and approval of the proposed building schematic design including a Public Hearing.
Attached are the design drawings, BGCSC information memo describing the need for a new building and
a detailed description of the proposed facility, a copy of the presentation to be given by the BGCSC and
the ground lease.
It is important to note this is only a review of the aesthetics and design of the building as it relates to
Civic Center Playfield Park and NOT in any way a part of the required formal building permit process.
This project requires a full Planning and Building review through the formal permitting process. The Boys
and Girls Club participated in a Design Review Committee in March.
Staff Recommendation
Staff recommends the City Council conclude this Public Hearing and consider approving the new facility
design as proposed by the Boys & Girls Club of Snohomish County.
Narrative
The Boys and Girls Club of Snohomish County has occupied the Field House since 1968 with an initial
arrangement with the Edmonds School District. Although the property was not purchased by the City of
Edmonds until 2016, the City had a property lease with the School District starting in 1975 for the entire
park site including the Field House. In 2010, the City and BGCSC entered into a five (5) year Building Use
Agreement for the Club's use of the Field House. This agreement included a five (5) year extension
clause which was executed in both 2015 and 2020 with the current agreement expiring in 2025.
Attachments:
BGC Building MEMO
Boys -Girls Club New Facility Design
BGCSC New Facility Presentation
City of Edmonds - Boys and Girls Club Ground Lease
Packet Pg. 90
9.1.a
To: City Council
From: Angie Feser, Director, Parks, Recreation & Human Services
Date: June 8, 2023
Re: Boys & Girls Club New Facility Design
The follow is narrative material provided by the Boys & Girls Club of Snohomish County to
provide context for the need of a new facility as well as additional design details.
New Facility Background
The Edmonds Boys & Girls Club was established in 1968 as part of the Boys & Girls Clubs of
Snohomish County (BGCSC). BGCSC was granted a charter from Boys & Girls Clubs of America in
1946 and opened its first Club in Everett. Today there are 25 Boys & Girls Clubs, including
Edmonds, spread across a multi -county area including seven on tribal land within Washington
State.
Discussion about the Edmonds Boys & Girls Club began when the lease with the city was
expiring in January 2021. BGCSC began looking at other potential locations and assessing
whether a Boys & Girls Club was still needed in Edmonds. Based on the assessment a decision
was made to remain in Edmonds and discussions started with Edmonds Center for the Arts (ECA)
to build on their campus and to remain at Civic Field with a new building. The end result is a two
phased project utilizing both locations with the younger ages at Civic Field in phase one and the
teens at ECA in phase two. The tight footprint provided at Civic Field does not allow for a 25,000
square feet ground level building to accommodate all ages.
As a non-profit organization there are limited financial resources and believe the appearance
will both satisfy the community and maximize the space needed for the youth. The estimated
cost for demolition, construction and furnishings is $6 million. The BGCSC has raised a total of
$3.485M ($1.1M private contributions, $1.385M state capital budget, and $1M Snohomish
County ARPA). BGCSC confident remaining funds will be raised by this Fall. Construction will
begin after permits are issued and open for business in late 2024.
Facility Design
The existing building is an obsolete and outdated structure and does not fulfill the current needs
of the club. The lower level does not allow for disabled access and the space layout is not
conducive to programs that the club currently runs. The existing gym on the upper level of the
building is too small to have spectators and has no elevator for accessibility. Improvements
associated with layout and code required upgrades (seismic, life safety, ADA etc.) severely limit
remodel potential. Options of renovating or expanding the existing building have been
considered and it has been determined that it is more cost effective to demolish and rebuild
than to save.
Packet Pg. 91
9.1.a
As noted above, the plan is to demolish the existing building and construct a new 16,000 square
foot facility. The new building includes an 8,000 square foot gym and a two story 8,000 square
foot activity area. The new Boys & Girls Club will be triple the size of the old club to
accommodate more youth.
The overall building design is intended to blend into and be part of the new improvements to
the Civic Field with possible public use when not being used by youth. The design intent is to
provide an architectural image that is fresh, updated and responds to the surrounding
environment. The materials utilized will include wood, colored ground face concrete masonry
and glass on all exterior surfaces. This building will meet LEED Silver standards making it
environmentally conscious and have a minimal carbon footprint.
The main entry for the building is planned to face south to enhance interaction with park users
and the local community. There are large expanses of glass opening to both the park and the
street that will provide natural light and also views from inside -out and outside -in. This
openness promotes higher security for users as well as helping bring the outside to the interior.
Community -oriented spaces have been placed on the ground floor and more specialized club
uses are located on the upper floor within the southern portion of the new building. The
gymnasium has been placed on the northern portion of the building and will receive natural
light from the exterior on the north, east and west. It will also have windows at the upper floor
interior that will spill filtered light across the space and into the gym. Along with this abundance
of natural light, biophilic design features will be incorporated to help bring the exterior
environment into the interior.
Building Design Considerations
As part of the design review process, the BGCSC will ask for relaxation of two zoning related
items. Those items involve extension of the maximum height to 30' and removal of the 20'
building setback at the street. Both of these limitations are related to the Public Use zoning
designation. This site is bound on the north and south by RM 1.5 zoning which has a 15' street
setback and 25' height limitation (30' with sloped roofs). There is also BD zoning both north and
south of the site which has no building setbacks and a 30' height limitation.
The height increase is necessary to allow for building structure and 23' of clearance on the
interior of the gym. The official clear height for a volleyball court is 23' and 4'-5' will be required
for the roof structure to span the entire gymnasium. Based on this, the BGC will be requesting
that the maximum height be increased to 30'. The existing building is also approximately 33'
high on average so this would provide for a building lower than the current club.
A portion of the 12,000 SF building pad within the park that was allocated by the city is within
the required 20' setback. The setback would eliminate approximately 2,000 SF of needed
interior area. It is imperative that the BGCSC is allowed to utilize the entire building pad that was
given to allow for needed square footage within the club. Since this building is commercially
oriented and other adjacent business -related zones do not require this setback, the BGCSC feels
this request is in keeping with the spirit of the municipal code.
CITY STAFF NOTE: THIS REVIEW OF THE NEW FACILITY SCHEMATIC DESIGN DOES NOT REPLACE
OR SUPERCEDE THE FORMAL DESIGN REVIEW AND BUILDING PERMIT PROCESS.
Packet Pg. 92
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OWNER:
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8223 BROADWAY AVENUE, SUITE 100
EVERETT, WA 18203
CONTACT: MR. BILL TSOUKALAS
(425) 258-2436
SITE PLAN
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ARCHITECT:
2812 ARCHITECTURE
2812 COLEY AVE.
EVERETT, WA g8201
CONTACT: ADAM CLARK
(425) 252-2155
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GITY OF EDMONDS
700 MAIN STREET
EDMONDS, WA g8020
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APPLICABLE CODES: 2018 INTERNATIONAL BUILDING GODS
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2018 INTERNATIONAL MECHANICAL CODE
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9.1.d
GROUND LEASE
CITY OF EDMONDS
AND
BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY
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9.1.d
TABLE OF CONTENTS
LISTOF EXHIBITS..................................................................................................................... ii
GROUNDLEASE......................................................................................................................... 1
SECTION 1. AGREEMENT TO LEASE PROPERTY.......................................................... 1
SECTION2. TERM..................................................................................................................... 2
SECTION3. RENT.................................................................................................................... 2
SECTION 4. BGCSC'S OTHER OBLIGATIONS .............................. ............................. 3
SECTION 5. CITY AUTHORITY AND OBLIGATIONS...................................................... 5
SECTION 6. INDEMNITY, INSURANCE................................................................................ 5
SECTION7. DEFAULT............................................................................................................. 8
SECTION 8. REPRESENTATIONS....................................................................................... 10
SECTION 9. GENERAL PROVISIONS................................................................................. 10
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LIST OF EXHIBITS
EXHIBIT A: Property Description/Boys & Girls Club Footprint
EXHIBIT B: Schematic of adopted Civic Park Master Plan
EXHIBIT C: Civic Park Design Guidelines
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9.1.d
GROUND LEASE
CITY OF EDMONDS / BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY
THIS GROUND LEASE (this "Lease"), effective the day of , 2023
("Effective Date") is between the CITY OF EDMONDS, a municipal corporation of the State of
Washington (the "City"), and the BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY, a
nonprofit corporation under the laws of the State of Washington (the "BGCSC").
WHEREAS, the City and the BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY
entered into a Lease dated October 29, 2015, the Term of which was scheduled to expire in 2021
unless extended by one or both of the two five-year extensions in that Lease (the "2015 Lease").
WHEREAS, the 2015 Lease encompasses the same real property as this Lease and the
parties intend that this Lease supersede the 2015 Lease.
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 Lease,
agree as follows:
SECTION 1. AGREEMENT TO LEASE PROPERTY
1.1 Agreement to Lease and Description of Prapem. The City hereby leases to the
BGCSC and the BGCSC leases from the City that certain real property described and shown on
Exhibit A attached hereto located thereon or to be located thereon (the "Property"). The footprint
for the ground lease consists of a 12,000-sf area on the Civic Park site, as shown in Exhibit B,
Civic Park Master Plan. The BGCSC will own and have the option to propose a plan to
accommodate a 20,000-sf new construction building onsite, with the addition of required
infrastructure improvements, utilities, landscaping and any other enhancements located on the
Property or to be located on the Property during the term of this Lease. This will need to be
consistent with the adopted Civic Park Master Plan (see Exhibit B) and the Civic Park Design
Guidelines (see Exhibit Q. As used in this Lease, the term "Improvements" shall mean all
buildings, driveways, infrastructure improvements, utilities, landscaping and any other
enhancements located on the Property or to be located on the Property during the term of this Lease
and made to the Property by the BGCSC.
1.2 Use of the Property.
1.2.1 Allowed Uses of the Pro e by the BGCSC. Except as otherwise provided
herein, the BGCSC shall use the Property for the purpose of operating a non-profit community
resource center serving the needs of the local youth members of the community.
1.2.1.1 Notwithstanding the foregoing, the BGCSC may from time to time
utilize portions of the Property for revenue -generating activities including, but not limited to,
rentals and events; provided, that all revenues generated therefrom are utilized by the BGCSC
exclusively for the purposes set forth in Section 1.2.1, above.
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1.2.2 Allowed Uses of the Property by the City. The City of Edmonds may be
given access to the building so it may offer recreational and other programs to the public. A
separate operating agreement will be created to determine City use and City funding. The City will
be allowed use as mutually agreed upon with the Lessee. The City and the BGCSC agree to meet
on a regular on -going basis to review the schedule and plan for uses for both parties other than
what is outlined in this section. The City also will remain the responsible and controlling party for
the grounds surrounding the building. The BGCSC acknowledges that the grounds surrounding
the building are a public park and shall remain open to the public subject to the City's reasonable
regulations related to uses, hours, etc.
SECTION 2. TERM
2.1 Initial Term. The term of this Lease ("Lease Term") shall extend for a period of
Forty (40) years commencing on January 1, 2023, and terminating on December 31, 2062, subject
to the right of the BGCSC to extend the Lease Term as provided herein.
2.2 Extension Term. The Lease Term may be extended by the BGCSC for one
additional period of fifteen (15) years.
2.2.1 Conditions of Extension. In order for the BGCSC to extend the Lease Term,
it shall: (i) not be in material default at the time of providing notice of its Lease Extension and
thereafter; (ii) it shall provide written notice of its Lease Extension at least one hundred eighty
(180) days prior to the expiration of the Lease Term.
2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days
and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, the
BGCSC shall provide written notice of its intention to exercise the Extension Term. The City and
the BGCSC shall meet no later than one hundred twenty (120) days prior to the expiration of the
Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease
Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to
the Extension Term.
SECTION 3. RENT
3.1 Rent. In consideration for the use of the Property as specified in this Lease, the
BGCSC shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall
be paid within ten (10) days from the date of execution of this Lease and within ten (10) days
following January 1 St of each calendar year of each year during the Term of this Lease. The parties
mutually agree and acknowledge that the BGCSC's operation of the BGCSC upon the Property
effectuates a fundamental government purpose and public benefit such as to obviate the necessity
of additional rental payment compensation. Furthermore, because the BGCSC's mission is to
enrich the social, physical, and intellectual wellbeing of youth, the City is able to lease the Property
to the BGCSC for less than fair market value under the poor and infirm exception to the
constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds.
2
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SECTION 4. BGCSC'S OTHER OBLIGATIONS
4.1 Construction of Improvements.
4.1.1 City Approval and Ownership. The BGCSC shall undertake no demolition,
construction, alteration, or changes ("Work") on or to the Property without the prior written
consent of the City, which shall be within the discretion of the City to withhold or deny. Consent
shall not be unreasonably denied. In applying its discretion, the City shall consider, among other
factors deemed relevant by the City Council, the intended uses of the Property as described in
Section 1.2 as well as the Property's functionality as a park. The City will allow the BGCSC to
consider three (3) options: (1) improve existing facility; (2) add to existing facility; or (3) demolish
existing facility and build new facility; however, the proposal must be consistent with the Civic
Park Master Plan and Civic Park Design Guidelines and will be subject to City Council approval.
The consent contemplated in this subsection 4.1.1 is separate and apart from the City's regulatory
authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited
in the same way that the City's regulatory discretion is limited. Any deviation from approved plans
must also be approved, in writing, by the City. Improvements constructed by the BGCSC during
the term of this Lease shall be considered the 13GCSC's property until the date this Lease is
terminated. Upon termination of the Lease Term, together with Extension, if applicable, all
improvements located on the Property shall become the property of the City, excepting trade
fixtures, which may be removed by the BGCSC at its option. The BGCSC will bring forth the
schematic design of the facility, including its footprint on the Property, to the City Council for
approval. The City Council will consider in a reasonable time frame not to exceed 60 days, and
may opt to hold one or more public hearings on the schematic design prior to taking action. The
BGCSC agrees not to proceed with the design development phase of the design process until the
schematic design of the facility, including its footprint on the Property, is approved by the City
Council. The BGCSC will also bring forth the design development phase drawings of the facility
to the City Council for approval. The BGCSC agrees not to proceed with the construction
document phase of the design process until the drawings from the design development phase have
been approved by the City Council. Any proposed substantive design changes that are inconsistent
with a previous design approval (schematic or design development), including proposed changes
to the facility's footprint on the Property, shall also be subject to City Council approval and shall
be returned to the City Council as soon as practicable and not be deferred until the approval of the
next phase. In the event there are any disputes that arise concerning decisions made by the City
under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in
Section 9.18.
4.1.2 Permits. Once approvals have been given by the City under 4.1.1, above,
no Work may commence until the BGCSC obtains and delivers to the City copies of all necessary
governmental permits. The BGCSC must also supply the City with a copy of any occupancy
permit required and any certification required by the fire marshal, prior to the BGCSC's occupancy
of the Property.
4.1.3 Construction Schedule. The consent to perform work in section 4.1.1 must
be given within three (3) years of the signing of this Lease. Construction Work must be completed
within three (3) years of the receipt of consent to perform the Work obtained under Section 4.1.1.
If construction is begun within one (1) year of the receipt of consent and diligently performed
CES\21798\0001 \01198017.v 1
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thereafter, the City will grant the BGCSC a one (1) year extension to complete construction, if
needed, so long as the BGCSC notifies the City of its need for additional time at least thirty (30)
days in advance of the completion deadline. Failure to complete construction within the specified
time shall be an event of default under Section 7.1 unless any delay in construction occurred as a
result of failure by the City to allow the BGCSC's construction to commence in a timely manner
in which case, the BGCSC shall be given a commensurate amount of time for completion of
construction. All Work done on the Property at any time during the term of this Lease must be
done in a good workman -like manner and in accordance with all applicable laws and all building,
land use, and other permit requirements. All Work shall be done with reasonable dispatch. If
requested by the City, within thirty (30) days after the completion of any Work, the BGCSC shall
deliver to the City complete and fully detailed as -built drawings of the completed Work, in both
electronic and paper forms, prepared by an architect licensed by the State of Washington. All
landscaping shall be designed by a landscape architect licensed in the State of Washington.
4.1.4 The BGCSC shall be responsible for all repairs for any and all impacts or
damages attributable to the actions of the BGCSC and its invitees to City improvements of Civic
Center Playfield and city street right-of-way and agrees to return improvements to their original
condition at the start of the BGCSC project, including demolition and construction as deemed
acceptable by the City. The BGCCSC shall submit for City review and approval a site access plan
detailing how equipment and materials will be moved in and out of the construction site and how
excavation, grading and construction adjacent to park and street improvements will minimize
impact and prevent damages.
4.2 Maintenance. At all times during the Lease Term and Extension Term, if any, the
BGCSC shall reasonably keep and maintain the BGCSC Improvements located on the Property in
good repair and operating condition and shall make all necessary and appropriate preventive
maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every
five years), the City and the BGCSC shall conduct a thorough inspection of the BGCSC
Improvements on the Property and City shall inform the BGCSC of any needed repairs,
maintenance or clean-up to be done in order to maintain the quality of any of the BGCSC
Improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and
clean-up shall be done with reasonable dispatch. Prior to entering into the Extension Term of this
Lease such an inspection will also be required and all reasonable repairs and maintenance needed
to be done must be done to the Improvements before the Extension Term of the Lease commences
4.3 No Liens. The BGCSC agrees to pay, when due, all sums for labor, services,
materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to
the Property. If any lien is filed against the Work which the BGCSC wishes to protest, then the
BGCSC 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 Work. Failure to remove the
lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an
event of default under this Lease and the City shall automatically have the right, but not the
obligation, to pay the lien in full with no notice to the BGCSC and the BGCSC shall immediately
reimburse the City for any sums so paid to remove any such lien. The BGCSC shall not encumber
the Property or any Improvements thereon without prior written approval of the City. The BGCSC
shall obtain a performance bond in the full amount of the contract it has signed with its contractor
to complete the facility and provide such performance bond to the City prior to demolition of the
0
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existing facility. The performance bond shall ensure that the construction of the facility is
completed and that all workers, contractors, subcontractors, and suppliers will be paid.
4.4 Utilities and Services. The BGCSC must make arrangements for all utilities and
shall promptly pay all utility charges before they become delinquent. The BGCSC is solely
responsible for verifying the existence, location, capacity and availability of all utilities it may
need for the 13GCSC's planned use of the Property. The BGCSC shall be solely responsible for
the cost of extending any existing utility lines into the Property. The Property, as made available
to the BGCSC by the City, shall include utility access for water, sewer, electrical power and
telephone to the edge (back of curb) of the Property. The BGCSC shall be solely responsible for
securing all permits and for meeting all requirements necessary to achieve all of the above.
4.5 Ste. Any signs erected by the BGCSC must comply with all local sign
ordinances. The BGCSC shall remove all signs and sign hardware upon termination of this Lease
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. Signage requirements may reasonably change during the term and,
to maintain uniformity and continuity, the BGCSC will comply with any new sign code
requirements within a reasonable time after the adoption of such new requirements.
SECTION 5. CITY AUTHORITY AND OBLIGATIONS
5.1 Delivery of Property. The BGCSC shall have the right to possession of the Property
as of the Commencement Date. In the event the City shall permit the BGCSC to occupy the
Property prior to the Commencement Date, such occupancy shall be subject to all provisions of
this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this
Lease.
5.2 Quiet Enjoyment. Subject to the BGCSC performing all of the BGCSC's
obligations under this Lease and subject to the City's rights under this Lease and its rights of
condemnation under Washington law, the 13GCSC's possession of the Property will otherwise
not be disturbed by the City. Any sublease shall be subject to prior approval by the City and, if
approval is granted, this quiet enjoyment provision shall apply to the BGCSC's sub -lessees.
5.3 Condition of Property. The City makes no warranties or representations regarding
the condition of the Property, including, without limitation, the suitability of the Property for the
BGCSC's intended uses or the availability of accessible utilities or roadways needed for the
BGCSC's intended purposes. The BGCSC has inspected the Property, conducted its own
feasibility and due diligence analysis, and accepts the Property in "AS IS" condition, upon taking
possession.
SECTION 6. INDEMNITY, INSURANCE
6.1 General Indemnity. Upon the Commencement Date of this Lease, the BGCSC
agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the
City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for
injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees
(including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines,
CES\21798\0001 \01198017.v 1
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9.1.d
and/or penalties (collectively "Costs"), which may be imposed upon or claimed against the City,
and which, in whole or in part, directly or indirectly, arise from or are in any way connected with
the BGCSC's use of the Property, or from the conduct of the BGCSC's business, or from any
activity, work or thing done, permitted, or suffered by the BGCSC in or about the Property; this
includes any act, omission or negligence of the BGCSC, its sub -lessees, or its event space renters;
any use, occupation, management or control of the Property by the BGCSC; any condition created
in, on or about the Property by the BGCSC, an agent, sub -lessee, or event space renter, including
any accident, injury or damage occurring in, on or about the Property after the Effective Date; any
breach, violation, or nonperformance of any of the BGCSC's obligations under this Lease by the
BGCSC, its sub -lessees, or event space renters; any damage caused by the BGCSC, its sub -lessees,
or event space renters on or to the Property. The BGCSC's obligations and liabilities hereunder
shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and
if caused by the activities of the BGCSC or its agents or invitees on the Property. As used herein,
the indemnification provided by the BGCSC is intended to include indemnification for the actions
of the BGCSC and its employees and other agents and all of the BGCSC's sub -lessees, event space
renters and all of their respective employees and other agents. The BGCSC's obligations to
indemnify, defend and hold harmless the City hereunder include indemnification of the employees,
agents and elected officials of the City.
The City covenants to protect, save and indemnify the BGCSC, its elected and appointed
officials, volunteers, members and employees while acting within the scope of their duties as such,
and hold the same harmless from and against all claims, demands and causes of action of any kind
or character, including the cost of defense thereof, brought by the City's employees or third parties
on account of personal injuries, death or damage to property arising out of the City's obligations
under this Lease or in any way resulting from the willful or negligent acts or omissions of the City
and/or its agents, employees or respresentatives.
6.2 Insurance Requirements. The BGCSC shall procure and maintain for the duration
of the Lease insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the BGCSC's operation and use of the leased Property. The
BGCSC's maintenance of insurance as required by the Lease shall not be construed to limit the
liability of the BGCSC to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. The amounts listed indicate only the
minimum amounts of insurance coverage the City is willing to accept to help insure full
performance of all terms and conditions of this Lease. All insurance required by the BGCSC under
this Lease shall meet the following minimum requirements:
6.2.1 Certificates: Notice of Cancellation. On or before the Commencement
Date, the BGCSC shall furnish the City with original certificates and a copy of any amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must
receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the
expiration or cancellation of any insurance policy; provided, that the BGCSC shall provide the
City with written notice of any policy expiration or cancellation, within two business days of its
receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to
lapse without at least thirty (30) days prior written notice being given to the City. Insurance must
be maintained without any lapse in coverage during the entire Lease Term and Extension Term, if
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any. Insurance shall not be canceled without the City's consent. The City shall also be given
copies of the BGCSC's policies of insurance, upon request.
6.2.2 Additional Insured. The City shall be named as an additional insured in
each required policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20
11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the
Property, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated
by any act, neglect or breach of contract by the BGCSC and shall not in any way be construed by
the carrier to make the City liable for payment of any of the BGCSC's insurance premiums.
6.2.3 Primary Coverage. The required policies are to contain, or be endorsed to
contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance,
or insurance pool coverage maintained by the City shall be excess of the BGCSC's insurance and
shall not contribute with it.
6.2.4 Company Rating. All policies of insurance must be written by companies
having an A.M. Best rating of not less than A: VII. The City may, upon thirty (30) days' written
notice to the BGCSC, require the BGCSC to change any carrier whose rating drops below such
rating.
6.3 Required Insurance. At all times during this Lease, the BGCSC shall provide and
maintain the following types of coverage:
6.3.1 Commercial General Liabilitv Insurance. The BGCSC shall maintain an
occurrence form commercial general liability policy (including coverage for broad form
contractual liability; and personal injury liability) for the protection of the BGCSC and the City,
insuring the BGCSC and the City against liability for damages because of personal injury, bodily
injury, death, or damage to property, including loss of use thereof, and occurring on or in any way
related to the Property or occasioned by reason of the operations of the BGCSC. Such coverage
shall name the City as an additional insured using ISO Additional Insured -Managers or Lessors of
Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial
General Liability insurance shall be written with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate. Commercial General Liability insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and
contractual liability.
6.3.2 Property Insurance. The BGCSC shall maintain, in full force and effect
during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment,
and all other Improvements located on the Property. Coverage shall be in an amount equal to One
Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions.
6.3.3 Builder's Risk. The BGCSC shall maintain, in full force and effect during
construction of the BGCSC's facility described in this Lease, Builders Risk insurance covering
interests of the BGCSC, the City, the Contractor, Subcontractors, and Sub -subcontractors in the
Work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft,
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vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall
include: 1) formwork in place; 2) all materials and equipment on the Property; 3) all structures
including temporary structures; and 4) all supplies related to the Work being performed. The
insurance required hereunder shall have a deductible of not more than Five Thousand Dollars
($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and
earthquake perils may be accepted by the City upon written request by the Contractor and written
acceptance by the City. Any increased deductibles accepted by the City will remain the
responsibility of the Contractor. The Builders Risk insurance shall be maintained until final
acceptance of the Work.
6.4 Waiver of Subrogation. The BGCSC 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 or said facility. This release shall apply
only to the extent that such claim, loss or liability is covered by insurance.
6.5 Periodic Review. The City shall have the right to periodically review the limits and
terms of insurance coverage. In the event the City determines that such limits and/or terms should
be changed, the City will give the BGCSC a minimum of thirty (30) days' notice of such
determination and the BGCSC shall modify its coverage to comply with the new insurance
requirements of the City. The City agrees that it shall be reasonable in any coverage change
required, and that such change will be in accordance with standard market requirements for the
BGCSC's facilities or similar activity centers. The BGCSC shall also provide the City with proof
of such compliance by giving the City an updated certificate of insurance within thirty (30) days.
6.6 Failure to Maintain Insurance. Failure on the part of the BGCSC to maintain the
insurance as required shall constitute a material breach of lease, upon which the City may, after
giving five (5) business days' notice to the BGCSC to correct the breach, terminate the Lease 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
7.1 BGCSC Default.
7.1.1 The occurrence of any one or more of the following shall constitute a
material default and breach of this Lease by the BGCSC:
7.1.1.1 Vacatingthe a Property_. The vacation or abandonment of the Property
by the BGCSC for more than thirty (30) days.
7.1.1.2 Failure to Pay Rent. The failure bythe BGCSC to make anypayment
of rent or any other payment required to be made by the BGCSC under this Lease, as and when
due, where such failure shall continue for a period of thirty (30) days after written notice thereof
by the City to the BGCSC.
7.1.1.3 Unpermitted Use. of the Property. The use of the Property for any
purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property
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shall continue for a period of thirty (30) days after written notice thereof shall be grounds for
default.
7.1.1.4 Failure to Perform. Failure by the BGCSC to observe or perform
any of the covenants or provisions of this Lease to be observed or performed by the BGCSC,
specifically including, without limitation, the BGCSC's utilization of the Property for purposes
materially inconsistent with those set forth in this Lease where such failure shall continue for a
period of thirty (30) days after written notice thereof from the City to the BGCSC; provided, that
if the nature of the BGCSC's default is such that more than thirty (30) days are reasonably required
for its cure, then the BGCSC shall not be deemed to be in default if the BGCSC shall commence
such cure within the thirty (30) day period and thereafter diligent prosecute such cure to
completion. Notice shall specify the portion of the lease the BGCSC has failed to perform.
7.1.2 Remedies in Default. In the event of any default or breach by the BGCSC
under this Lease, in addition to any other remedies at law or in equity, the City may:
7.1.2.1 Terminate the Lease. Terminate the BGCSC's right to possession
of the Property by providing written notice of at least ninety (90) days;
7.1.2.2 Continue the Lease. Maintain the BGCSC's right to possession, in
which case the Lease shall continue in effect whether or not the BGCSC shall have abandoned the
leased Property. In such event, the City shall be entitled to enforce all landlord's rights and
remedies under this Lease; and/or
7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available
to a landlord under the laws of the State of Washington. The City expressly reserves the right to
recover from the BGCSC any and all actual expenses, costs and damages caused in any manner
by reason of the BGCSC's default or breach.
7.1.3 Legal Action. If either party commences legal action relating to this lease,
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 Default by the City. The City shall not be in default unless the City fails to
perform obligations required of the City under this Lease within a reasonable time, but in no event
later than thirty (30) days after written notice by the BGCSC 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 the Lease that the City has failed to perform and the action that the BGCSC seeks to be
taken by the City to prevent the default. The BGCSC further agrees not to invoke any remedies
until such thirty (30) days have elapsed.
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SECTION 8. REPRESENTATIONS
8.1 Representations of the BGCSC.
8.1.1 The BGCSC is a duly organized and legally existing corporation
under the laws of the State of Washington.
8.1.2 The BGCSC's execution, delivery and performance of all of the
terms and conditions of this Lease have been duly authorized by all requisite corporate action on
the part of the BGCSC. This Lease constitutes the BGCSC's legal, valid and binding obligations,
enforceable against the BGCSC in accordance with its terms subject to the effects of bankruptcy,
insolvency, fraudulent conveyance or similar laws affecting creditor's rights and to equitable
principles. Execution of the Lease does not conflict with any provision of the BGCSC's Articles
of Incorporation, Bylaws or other corporate documents.
8.1.3 There is no claim, action, proceeding or investigation pending or, to
the actual knowledge of the BGCSC, threatened in writing, nor is there any legal determination or
injunction that calls into question the BGCSC's authority or right to enter into this Lease or
perform the obligations specified in the Lease.
8.1.4 The BGCSC has not employed any broker, finder, consultant or
other intermediary in connection with the Lease who might be entitled to a fee or commission in
connection with the BGCSC and the City entering into the Lease.
8.2 Representations of the City.
8.2.1 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 own
and lease the Property. The City has the power to enter into and perform its obligations pursuant
to this Lease.
8.2.2 The City's execution, delivery and performance of this Lease have been
duly authorized consistent with its requirements under Washington law.
8.2.3 There is no claim, action, proceeding or investigation pending or, to the
actual knowledge of the City, threatened in writing, nor is there any outstanding judicial
determination or injunction that calls into question the City's authority or right to enter into this
Lease.
SECTION 9. GENERAL PROVISIONS
9.1 No Partnership. It is understood and agreed that this Lease does not create a
partnership or joint venture relationship between the City and the BGCSC. The City assumes no
liability hereunder or otherwise for the operation of the business of the BGCSC. The provisions
of this Lease with reference to rents are for the sole purpose of fixing and determining the total
rents to be paid by the BGCSC to the City.
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9.2 Governing Law. This Lease 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.
9.3 No Benefit to Third Parties. The City and the BGCSC are the only parties to this
Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or
shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties.
Nothing in this Lease shall be construed as intending to create a special relationship with any third
party; neither the City not the BGCSC intend to create benefits in favor of any third parties as a
result of this Lease.
9.4 Notices. All notices required or desired to be given under this Lease shall be in
writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement
in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City
at:
And to the BGCSC at:
City of Edmonds
121 5th Avenue North
Edmonds, Washington 98020
Attn: City Clerk
Boys & Girls Clubs of Snohomish County
8223 Broadway — Ste 100
Everett, Washington 98203
Attn: Executive Director
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. The addresses to which
notices are to be delivered may be changed by giving notice of such change in accordance with
this notice provision.
9.5 Time of the Essence. Time is of the essence in the performance of and adherence
to each and every covenant and condition of this Lease.
9.6 Non -waiver. Waiver by the City or the BGCSC of strict performance of any
provision of this Lease shall not be deemed a waiver of or prejudice the City's or the BGCSC's
right to require strict performance of the same provision in the future or of any other provision.
9.7 Survival. Any covenant or condition (including, but not limited to, indemnification
agreements), set forth in this Lease, the full performance of which is not specifically required prior
to the expiration or earlier termination of this Lease, and any covenant or condition which by their
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terms are to survive, shall survive the expiration or earlier termination of this Lease and shall
remain fully enforceable thereafter.
9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or
unenforceable, the remainder of this Lease, 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 Lease shall be valid and enforceable to the fullest extent
permitted by law.
9.9 Calculation of Time. All periods of time referred to in this Lease 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 Lease, "Business Days" shall exclude Saturdays, Sundays,
legal holidays and the week between December 25 and January 1.
9.10 Headinp-s. 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 Lease.
9.11 Exhibits Incorporated by Reference. All Exhibits attached to this Lease are
incorporated by reference herein for all purposes.
9.12 Modification. This Lease may not be modified except by a writing signed by the
parties hereto.
9.13 Engagement of Brokers. The BGCSC and the City each represent to one another
that if a broker's commission is claimed, the party who engaged the broker shall pay any
commission owed and shall defend, indemnify and hold the other party harmless from any such
claim.
9.14 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 Lease permit, successors and assigns of the parties hereto. The words "City" and
"BGCSC" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply
equally to all persons, firms, or corporations which may be or become such parties hereto.
9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more
counterparts, each of which shall be an original, but all of which shall constitute one instrument.
9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text
of this Lease.
9.17 No Limit on City's Powers. Nothing in this Lease shall limit, in any way, the power
and right of the City to exercise its governmental rights and powers, including its powers of
eminent domain.
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9.18 Non -Binding Mediation. Should any dispute arise between the parties to this
Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes)
as required by this Lease, 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 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 the BGCSC. 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.
9.19 This Lease Supersedes. This Lease shall replace and supersede the 2015 Lease.
The parties hereby terminate the 2015 Lease in its entirety as of the effective date of this Lease.
9.20 Recordinig. A Memorandum of this Lease may be recorded after execution by the
parties.
9.21 Entire Agreement. This Lease represents the entire agreement between the City
and the BGCSC relating to the BGCSC's leasing of the Property. 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 Lease or the making or entry into this Lease, except as expressly
set forth in this Lease. 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 Lease; all oral agreements with the
parties are expressly waived by both parties. This Lease has been extensively negotiated between
the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall
be construed, by nature of the drafting, against either party.
IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the
day, month and year first written above.
LESSEE: LESSOR:
BOYS & GIRLS CLUBS CITY OF EDMONDS
OF SNQ COUNTY
r
Bill Tsoukalas, Executive Director
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Mike Nelson, Mayor
APPROVED BY CITY COUNCIL ON:
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ATTEST:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
I certify that I have evidence that Mike Nelson is the person who appeared before me, and
said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
PRINTED NAME:
NOTARY PUBLIC
In and for the State of Washington.
My commission expires:
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STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
I certify that I have evidence that Bill Tsoukalas is the person who appeared before me,
and said person acknowledged that he signed this instrument, on oath stated that s/he was
authorized to execute the instrument and acknowledged it as the Executive Director of the Boys
& Girls Clubs of Snohomish County, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED; �� ( d G
SHE,
❑� Si gyp` PRINTED NAME:
U° NOTARY �' NOTARY PUBLIC
License No. 9W In and for the State of Washington.
N' PL)BLIC Z My commission expires:
2-27-2024 Q
15
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u EXHIBIT "A"
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EDMONDS CIVIC CENTER PLAYFIELD
BOYS & GIRLS CLUB SITE FOOTPRINT
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WALKER MACY - FEBRUARY 2023 SCALE: 1 " = 20'-0"
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EXHIBIT "C"
9.1.d
WALKERI MACY LANDSCAPE ;RCH TECTURE
M
To: Carrie Hite, City of Edmonds Topic: Boys & Girls Club Design Date: 09/11/2018
Guidelines
From: Walker Macy Project: Edmonds Civic Center Playfield Project #: P3282.04
SD -CA
CIVIC CENTER PLAYFIELD DESIGN GUIDELINES
Site Design — Sidewalk Zones and Streetscape Features
Intent. To produce a streetscape that is safe, convenient, comfortable and appealing for
people on foot.
1. Sidewalk materials and design shall meet and match the surrounding park and
the design established in the Civic Center Playfield Master Plan.
2. Amenity Area: Signs, street furniture, lighting, landscaping, etc., shall be located
in the amenity area. Requirements for this area are associated with the Civic
Field Master Plan
3. Clear Walkway Area: Sidewalk area shall maintain a clear 5 foot dimension for
pedestrian travel. Signs, street furniture, planters and other amenities shall not
encroach upon the clear walkway area.
4. Storefront Area: Sidewalk area outside the pedestrian travel area may be used
for outdoor dining and/or display.
Site Design - Service and Storage
Intent. To reduce the visual impacts of storage, trash, and service areas.
1. Storage of trash and recycling and other goods shall be included within the
building envelope. This standard does not apply to temporary uses such as
material storage during construction or street vendors.
2. Any mechanical equipment located on the ground, roof, or wall -mounted and
visible from the street, common areas, the park, or a public vantage point shall
be screened.
3. All on -site service areas, loading zones, outdoor storage areas and similar
activities shall be located in an area not visible from public streets and consider
adjacent public spaces. Consideration shall be given to developing common
service courts at the interior of blocks. Service areas should accommodate
loading, trash bins, recycling facilities, storage areas, utility cabinets, utility
meters, transformers, etc. Service areas shall be located and designed for easy
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access by service vehicles and for convenient access by each tenant. Any
emissions of noise, vapor, heat or fumes shall be mitigated.
Site Design — Public Spaces
Intent. To provide an enhanced pedestrian experience by linking public plazas, courtyards
and other gathering spaces.
1. Outdoor gathering spaces should be oriented toward the south (for solar
exposure) when possible to create a more comfortable space.
2. Buffer plantings should be a minimum of 12' and align with the Civic Center
Playfield plan.
3. Setbacks from the ROW shall meet City Code.
Building Design — Prominent Entrances
Intent: To ensure that entrances are easily identifiable and accessible from streets and
sidewalks.
1. Locate primary entrances so that they are visible from the public right of way.
The entry shall be marked by architectural elements such as canopies,
ornamental lighting fixtures and/or fixed seating that offer visual prominence.
2. The finished floor of the ground floor shall have the same grade as the street
sidewalk and/or adjacent public space and match with the Civic Center Playfield
plan.
3. Ground level detail shall reinforce the character and attractiveness of the
streetscape, provide pedestrian friendly amenities. Facades shall be designed to
be pedestrian friendly through the inclusion of at least four of the following
elements:
a. Kick plates for storefront windows
b. Projecting window sills
c. Pedestrian -scale signage
d. Exterior lighting sconces
e. Containers for seasonal plantings
f. Window box planters
g. Benches and seat walls along 30% of the length of the facade
h. Cafe tables and chairs on the south side of the building.
i. Match Civic Center Playfield paving system.
j. Brick, tile or stone work on the ground floor facade
k. A feature not on the list that meets the intent and is approved by
Director.
Building Design — Transparency Zone
Intent: To provide a visual connection between activities inside and outside of buildings.
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On all streets: buildings shall include windows with clear vision glass on at least
60% of the area between two and twelve feet above grade for all ground floor
building facades that are visible from an adjacent street or public space. If windows
are not appropriate, decorative art (such as noncommercial murals or relief
sculpture), significant architectural detailing, or wall -covering landscaping may be
used, as approved by the COE.
Building Design — Treatment of Blank Walls
Intent. To soften the visual impact of any wall that does not have windows
Any blank wall shall incorporate at least five of the following features:
1. An architectural plinth (a stone or masonry base at least 36" high)
2. Belt course(s) of masonry
3. A Green Wall. For the purposes of this subsection, a "Green Wall" is defined as
a vertical trellis or cable/wire net systems installed as part of the building
envelope system where climbing plants or cascading groundcovers are trained
to cover these specially designed supporting structures (also commonly referred
to as biowalls, vertical gardens, modular living walls). A Green Wall should be
located in association with a raised planter at least 2 feet high and 3 feet wide
integrated into the building design. A Green Wall shall be planted with climbing
vines or plant materials sufficient to obscure or screen at least 60% of the wall
surface within 3 years
4. Recesses at least 4 feet wide and 2 feet deep
5. Overhanging roof
6. Decorative tile work
7. Accent lighting
8. Artwork that does not contain a commercial message
9. Landscape planting bed at least 5 feet wide, or raised planter bed at least 2 feet
high and three feet wide, in front of the wall. Such planting areas shall include
plant materials sufficient to obscure or screen at least 60% of the wall surface
within 3 years. The applicant shall utilize plant materials that complement the
natural character of the Pacific Northwest; are adaptable to the climatic,
topographic, and hydrologic characteristics of the site; and should include native
species.
10. Seating (benches or ledges)
11. A feature not on the list that meets the intent, as approved by the City of
Edmonds.
Building Design — Massing and Articulation
Intent. To reduce the apparent bulk of buildings and maintain a pedestrian scale, achieved
through consistent building details and proportions on all sides to ensure a `Your -sided"
quality to a building and upper -story features that improve the relationship between the
upper stories and the street.
1. Buildings 30 feet in height and taller shall distinguish a "base" at ground level
using articulation and materials such as stone, masonry, or decorative concrete.
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2. The "top" of the building shall emphasize a distinct profile or outline with
elements such as a projecting parapet, cornice, upper level step back or pitched
roofline.
3. The "middle" of the building should be distinguished by a change in materials or
color, windows, balconies, step backs and signage.
4. The design of the building shall provide consistent architectural details; colors
and materials shall be consistent on all building walls.
5. Upper stories of buildings should maintain an expression line along the fagade--
such as a change of material, projections, or setbacks —to reduce the perceived
building mass. Upper floor windows should be divided into individual units and
not consist of a "ribbon" of glass.
6. Buildings shall include articulation along all facades Facade details and
elements should be integral to the overall building design and should not appear
added on. The purpose is not to create a regular rigid solution but rather to
break up the mass in creative ways to add visual interest and to reduce a
building's apparent scale. To provide interest and variation appropriately scaled
to the building and all facades shall incorporate all of the following methods:
a. Distinctive roof forms.
b. Integrally textured, colored or patterned materials, such as stone or other
masonry.
c. Windows articulated with mullions, recessed windows, punched
windows, etc., as well as application of complementary articulation
around doorways and balconies.
d. Landscaping:
1. Preferred: A Green Wall. For the purposes of this subsection, a
"Green Wall" is defined as a vertical trellis or cable /wire net
system installed as part of the building envelope system where
climbing plants or cascading groundcovers are trained to cover
these specially designed supporting structures (also commonly
referred to as biowalls, vertical gardens, modular living walls). A
Green Wall should be located in association with a raised planter
at least 2 feet high and 3 feet wide integrated into the building
design. A Green Wall shall be planted with climbing vines or plant
materials sufficient to obscure or screen at least 60% of the wall
surface within 3 years.
2. Alternative if the applicant can demonstrate to the satisfaction of
the City of Edmonds that a Green Wall is not appropriate,
alternative landscaping, architectural, or site design feature(s) of
equal or better means of satisfying the intent may be allowed.
3. Architectural methods of breaking down the fagade, such as
changes of plane or vertical fins.
4. A facade design that provides an alternative method for creating
visual interest at the pedestrian level, reducing the perceived
building mass, and meets the intent, may be approved by the City
of Edmonds.
Packet Pg. 135
9.1.d
Edmonds Civic Center Playfield Design Guidelines
9/11/2018
Page 5 of 6
Building Design — Roofline and Roof Mounted Equipment
Intent: To ensure that roof forms provide distinctive profiles and interest and to screen
rooftop
mechanical and communications equipment from the ground level of nearby streets and
residential areas. To insure that a buildings mechanical equipment and/or other utility
hardware is well screened from public view to enhance the buildings appearance.
1. Mechanical equipment shall be screened by an extended parapet wall or other
roof form that is integrated with the architecture of the building.
2. No roofline ridge should run unbroken for more than 80 feet.
3. Mechanical equipment and/or other utility hardware for a building located on the
roof, ground or wall mounted on the building, shall be screen from public view
with architectural and/or landscape materials, or they shall be located so as not
to be visible from any street, common areas, or public vantage point.
4. Screening shall be compatible with the building architecture (materials, color,
and scale) and the surrounding landscaping.
5. When using landscaping to screen equipment, plants shall be arranged with a
minimum of 50% coverage at time of installation and be able to grow to fully
screen or shield the equipment within 3 years.
6. Screening with landscaping shall utilize plant materials that complement the
natural character of the Pacific Northwest; are adaptable to the climatic,
topographic, and hydrologic characteristics of the site; and that include native
plant species whenever possible.
Building Design — General
Intent: To require additional features to be incorporated into higher density residential
development when located adjacent to properties zoned for lower density single-family use
in order to enhance the compatibility between uses. Mechanical equipment shall be
screened by an extended parapet wall or other roof form that is integrated with the
architecture of the building.
1. Incorporate at least four of the following architectural features:
a. Recessed Entry
b. Dormers
c. Higher Quality Materials
d. Distinctive Roof Forms
e. Upper Level Balconies
f. Gables
g. Window Patterns
h. A feature not on the list that meets the intent and is approved by the City
of Edmonds.
i. Flat blank walls shall not be visible from the street or common areas, or
public vantage point.
2. Exterior cladding shall utilize masonry, concrete, and metal materials and
color palette as approved by City of Edmonds for the use within the park.
3. Utilize sunscreens and metal canopies at entries and all glazed openings
on south and west facades to match the character and materials of the
restroom structures within the park.
Packet Pg. 136
9.1.d
Edmonds Civic Center Playfield Design Guidelines
9/11 /2018
Page 6 of 6
4. Integrate wood feature elements to match materials used at park shade
structure.
*Design Standards for the BD Zones remain applicable.
Packet Pg. 137
9.2
City Council Agenda Item
Meeting Date: 07/5/2023
ARPA Use Ordinance
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Dave Turley
Background/History
The City received money from the American Rescue Plan Act (ARPA) in the amounts of $5.95 million in
June 2021 and $5.95 million in June of 2022. The City currently has approximately $8 million of ARPA
money remaining.
Staff Recommendation
Staff recommendation is to approve the Ordinance as included in tonight's packet.
Narrative
When originally disbursed, the ARPA funds had very tight restrictions as to how they could be spent.
Subsequently, the federal government has attempted to lighten the restrictions on these funds.
Specifically, recipients may now elect a "standard allowance" of $10 million to spend on government
services. Under this option, which was newly offered in the final rule, Treasury presumes that up to $10
million in revenue has been lost due to the public health emergency and recipients are permitted to use
that amount (although not to exceed the award amount) to fund government services. The standard
allowance provides an estimate of revenue loss that is based on an extensive analysis of average
revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss.
All recipients, including the City of Edmonds, may elect to use this standard allowance.
Under this election, the City would like to propose to use the majority of our ARPA funds in 2023 to pay
for fire protection services as provided by South County Fire. This ordinance accomplishes that goal,
while at the same time leaving intact the spending categories approved by Council as part of the 2023
budget adoption. A budget amendment will be brought forward later this month to provide final budget
authority.
Attachments:
ARPA ordinance for Use of ARPA on Fire Contract
Packet Pg. 138
9.2.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ORDINANCE 4289,
REALLOCATING THE CITY'S AMERICAN RESCUE PLAN
ACT (ARPA) FUNDS, CREATING A NEW FUND,
TRANSFERRING MONEY INTO THAT FUND AND
DESIGNATING THE USE OF THOSE FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
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WHEREAS, state law requires an ordinance be adopted whenever money is O
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transferred from one fund to another; and a
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WHEREAS, the City would like to simplify its accounting of American Rescue a
Plan Act (ARPA) funds, by using a large portion of the ARPA funds to pay for the City's fire and
emergency services contract with the South County Regional Fire Authority; and
WHEREAS, the City desires to establish a new General Fund sub -fund entitled
"Special Projects Fund" for the purpose of segregating revenues to be used for special projects
from time -to -time, and
WHEREAS, the City Council would like to identify how the Special Projects Fund
should be allocated; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 2 of Ordinance 4289, which allocates money from the Edmonds
Rescue Plan Fund, is hereby amended to remove most of the allocations in light of the Special
Project Fund allocations identified in Section 5, below. Section 2 of Ordinance 4289 will continue
to reference the only allocations remaining in the Edmonds Rescue Plan Fund and shall read as
follows:
Packet Pg. 139
9.2.a
Section 2. The City Council hereby allocates from the Edmonds
Rescue Plan Fund the various dollars amounts below for the various purposes
described below. There shall be kept by and under the direction of the
Administrative Services Director, such books, accounts and records as are
necessary to control and report the ARPA-eligible expenditures, and shall further
subdivide the cash account thereof into eight separately designated accounts as
follows:
C. Account "C" shall be the "Edmonds Rescue Plan Business Support"
account into which $434,500 from the ARPA funds shall be allocated to
reimburse those City expenditures incurred through administration of the
following programs, in compliance with the ARPA eligibility criteria:
1. Small Business Support. Up to $434,500 including up to $250,000 in
2023 for direct grants to small businesses most affected by the
COVID-19-related economic recession. Grants will take the form of
individual financial support grants (in the form of loans that are
forgivable after four months of performance). Maximum individual
grant amounts will be $25,000 in each year. Eligibility criteria for
these grants will include:
a. Small businesses in Edmonds with zero to 30 employees.
b. Particular consideration will be given to businesses owned by
people of color, women, veterans, and other minorities
D. Account "D" shall be the "Edmonds Rescue Plan Nonprofit Organization
Support" account into which $500,000 from the ARPA funds shall be
allocated to assist Edmonds nonprofit organizations that have suffered
substantial financial losses due to prolonged closures, cut -backs, loss of
business, etc. the final $79,500 of which shall be available in 2023. A general
call for requests will be issued, with requests reviewed competitively and
awards based on relative need, likelihood to help an organization survive, and
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Packet Pg. 140
9.2.a
other sources of funds available. Small grants of up to $20,000 and totaling
no more than $79,500 shall be approvable by the Mayor.
I. Account "I" shall be the "Lost Instructional Time Mitigation Program"
account into which $210,000 from the ARPA funds shall be allocated to
provide funds to the Edmonds School District to be used to mitigate lost
instructional time by paying salaries of employees at three elementary schools
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who would otherwise not be retained. These three employees will allow the
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Edmonds School District to provide additional support for students' social,
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emotional, and mental health needs.
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The remainder of the Edmonds Rescue Plan Fund shall be transferred to the General
Fund as part of the city's standard allowance for lost public sector revenue under
the Department of the Treasury's Coronavirus State & Local Fiscal Recovery Funds
Final Rule.
Section 2. The City Council hereby allocates from the General Fund up to $8
million to be used for the City's contract for fire and emergency services with South County
Regional Fire Authority, as part of the city's standard allowance for lost public sector revenue
under the Department of the Treasury's Coronavirus State & Local Fiscal Recovery Funds Final
Rule.
Section 3. The City Council does hereby request that the Administrative
Services Director create a new General Fund sub -fund for the purpose of allocating money to be
used for special projects, and to call the sub -fund the Special Projects Fund.
Packet Pg. 141
9.2.a
Section 4. The City Council approves the transfer of up to $8 million from the
General Fund to the new Special Projects Fund, which transfer shall be reflected in a forthcoming
budget amendment.
Section 5. The City Council hereby allocates from the Special Projects Fund
the various dollar amounts below for the various purposes described below. There shall be kept by
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and under the direction of the Administrative Services Director, such books, accounts and records
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as are necessary to control and report the expenditures, and shall further subdivide the cash account
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thereof into eight separately designated accounts as follows:
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A. Account "A" shall be the "City Expenditure Reimbursement" account into
which $1,441,000 of the ARPA funds shall be allocated to reimburse City
expenditures associated with responding to the COVID-19 health emergency
and any resurgences in the future, including staffing, equipment, and supplies
related to maintaining a safe workplace for employees and the visiting public,
as well as necessary capital investments, such as enhancements to HVAC
filter upgrades, etc..
B. Account `B" shall be the "Edmonds Rescue Plan Household Support" account
into which $2,250,000 shall be allocated to reimburse those City expenditures
incurred through administration of the following programs:
1. Household Support. Grants to households for housing expenses, food,
medical bills, childcare, internet access, and other household expenses.
Households may receive grants of up to $2,500 in 2021 and 2022
amounting to a total Household Support expenditure of $1,000,000 in each
of 2021 and 2022. Households may receive grants of up to $2,500 in 2023
and 2024 amounting to a total Household Support expenditure of
$500,000 and $420,000 in each of 2023 and 2024 respectively. The
authority to spend Household Support funds in a given year, as set forth in
this subsection B.1, is hereby extended from 2023 to 2024 into the
Packet Pg. 142
9.2.a
following year in the event that the City was/is not able to disburse the
entirety of those Household Support funds during FY 2023.
2. Housing Repair. Up to $50,000 for one-time grants to households in
amounts up to $5,000 for housing repair, especially focused on energy -
saving measures such as roof repair, window replacement, HVAC
repair/replacement, etc.
3. Up to $5,000 to reimburse residents for Orca Card Expenditures in 2023
To be eligible for grants, with the exception of the Orca Card reimbursement,
households must meet at least one of the following criteria: 1) earn no more
than 60% of Edmonds Median Income, with priority given to households
earning at or below 40%; or 2) qualify for assistance under one of the listed
programs on the US Department of Treasury Final Rule for the State and
Local Fiscal Recovery Funds (SLFRF) program, as an "impacted or
disproportionately impacted household or community." To be eligible for the
Orca Card reimbursement, applicants must be a resident of the City of
Edmonds.
C. Account "C" shall be the "Edmonds Rescue Plan Business Support" account
into which $415,000 shall be allocated to reimburse those City expenditures
incurred through administration of the following programs:
1. General Business Support. Up to $161,000, including up to $50,000 in
2023, and 2024 for general support of Edmonds small businesses, business
districts and the overall business community. This includes such
programs as the Edmonds Business Booster website and its programs and
promotion; promotion of business districts outside Downtown through
advertising, wayfinding, signage; business -support or promotional events,
etc.
2. Tourism Support. Up to $255,000 including up to $75,000 in 2023 and
$55,000 in 2024 for support of tourism promotion. This includes enhanced
local and regional advertising, support of events and special promotions,
investment in facilities and/or equipment, etc.
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Packet Pg. 143
9.2.a
D. Account "E" shall be the "Edmonds Rescue Plan Job Retraining Program"
account into which $390,000 shall be allocated to provide financial aid to
working adults who seek skills training, certifications, completion of degrees
or other skills enhancement at local community colleges serving Edmonds
residents in the form of grants of up to $5,000 per year per student to cover
tuition, fees, supplies and life expenses during the period of study.
Administration of this program will be conducted by the college or colleges
selected under the contractual oversight of the City. The Mayor shall be
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authorized to enter into the corresponding contract(s) with participating O
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colleges serving Edmonds residents. D
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F. Account "F" shall be the "Edmonds Rescue Plan City Green Infrastructure" a
account in which up to $3,900,000 shall be allocated to reimburse City capital
expenditures through 2026 associated with green infrastructure projects, such
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I . Lower Perrinville Creek Realignment. Retention and treatment of surface U-
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storm water runoff in the Perrinville Creek drainage basin, intended to a
reduce stormwater surge flows and enhance the quality of stormwater a
reaching Puget Sound. Not to exceed $1,500,000.
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2. Green Streets and Rain Gardens. Enhance existing streets throughout
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Edmonds by adding features that retain and/or treat stormwater runoff to
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reduce stormwater surges and contaminants that reach Puget Sound. c
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Similarly, rain gardens in association with streets, parks and other public 0
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facilities may be established for these same purposes. No funding is a
provided for this project in 2023.
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3. 96th Right of Way Improvements. This project is required as mitigation E
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for the Civic Park project to treat stormwater on another site within the
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same watershed. Not to exceed $450,000.
4. Yost/Shell Creek. The study is the first phase in addressing the pedestrian
system, Shell Creek water quality and health, and provides required
permitting for bridge repairs and improvements. Not to exceed $120,000.
Packet Pg. 144
9.2.a
5. Electric Leaf Blower Program. This program allows for reimbursement of
up to $200 for the purchase of electric leaf blowers for residents and
businesses of Edmonds upon turning in their gas -powered leaf blowers.
Not to exceed $50,000.
6. Supplemental Environmental Impact Statement. Up to $250,000 is
provided to fund an SEIS process for the Highway 99 Subarea.
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All infrastructure projects and their associated budgets shall be presented to City
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Council for review and approval.
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G. Account "G" shall be the "Edmonds Rescue Plan Police Support" account into
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which $1,350,000 shall be allocated to reimburse City expenditures associated
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with public safety and police support for calendar year 2023, such as:
1. Expansion of the Criminal Investigations Division. Not to exceed
$293,850
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2. Patrol Support. Not to exceed $420,000
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3. Purchase of new patrol cars. Not to exceed $630,000.
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H. Account "H" shall be the "Edmonds Rescue Plan Parks Support" account into
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which $986,025 shall be allocated to reimburse City expenditures necessary to
support and maintain two significant new projects slated for completion in
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early 2023: Civic Park and Highway 99 roadway improvements. Funds will be
available for items, including, but not limited to: supporting personnel,
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equipment, vehicles, trailers, supplies, training, uniforms, and traffic control
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plans.
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Section 6. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of
the title.
Packet Pg. 145
9.2.a
APPROVED:
MAYOR, MIKE NELSON
ATTEST/AUTHENTICATE:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
M- 1
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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Packet Pg. 146
9.2.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the th day of July, 2023, the City Council of the City of Edmonds, passed
Ordinance No. XXXX. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING CERTAIN PORTIONS OF U
ORDINANCE 4289, AS A RESULT OF UNANTICIPATEED
TRANSFERS AND EXPENDITURES OF VERIOUS FUNDS,
AND FIXING A TIME WHEN THE SAME SHALL BECOME 0
EFFECTIVE
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The full text of this Ordinance will be mailed upon request.
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DATED this day of , 2023.
Packet Pg. 147
9.3
City Council Agenda Item
Meeting Date: 07/5/2023
Consolidated Approach for 2024 Comp Plan Update and Highway 99 Subarea Plan
Staff Lead: Planning
Department: Planning Division
Preparer: David Levitan
Background/History
The City of Edmonds is required to complete the periodic update to its Comprehensive Plan by
December 31, 2024. After an unsuccessful attempt to secure a consultant team in Summer/Fall 2022,
the city issued a revised Request for Proposals (RFP) for consultant assistance on March 30, 2023
(Attachment 1), with a closing date of April 21, 2023. The RFP was noticed publicly and distributed
through the Municipal Research and Service Center's (MRSC) consultant roster.
An update to the RFP was issued on April 6 to extend the due date to April 27 and to clarify that
preparation of full Environmental Impact Statement (EIS) under the State Environmental Policy Act
(SEPA) would be required (the most recent full EIS is from the 1995 update), as opposed to the
Supplemental EIS (SEIS) originally identified in the RFP. The RFP also included the preparation of an
Economic Development Plan and an optional task to prepare an SEIS for the Highway 99 Subarea, both
of which were approved in the 2023 city budget.
The city received four proposals by the April 27 deadline. Two of the four proposals included the
optional Highway 99 SEIS task, while the other two did not. Proposals were scored and ranked by
Planning and Development Director Susan McLaughlin, Community Service and Economic Development
Director Todd Tatum, and Planning Manager David Levitan, with the top two firms interviewed on May
9. All three staff members ranked the proposal/presentation from the team lead by VIA Architecture as
the top proposal, and the city began negotiating a scope of work, schedule, and outreach strategy with
VIA in mid -May.
The 2024 Comprehensive Plan Update is a significant undertaking covering a wide variety of topics,
including housing, land use, economic development, urban design, natural resources/critical areas,
neighborhood centers, waterfront issues, climate change, community/culture, and transportation
(previously approved by Council under a separate contract and scope of work). Funding for the Comp
Plan Update and the associated Highway 99 process is provided by the following sources:
$300,000 for the Comp Plan Update (2023 Budget Decision Package 21)
$75,000 for the Economic Development Plan/Element (2023 Budget Amendment 50)
$125,000 periodic update grant from the Washington State Department of Commerce
$250,000 for the Highway 99 SEIS (2023 Budget Amendment 56-1)
Staff Recommendation
Packet Pg. 148
9.3
No formal action is required. Council is requested to review and provide feedback on the approach and
scope of work (Attachment 2) from VIA Architecture, including its recommendation that the Highway 99
SEPA analysis be incorporated into the Comprehensive Plan EIS. Staff is proposing to further discuss the
proposal at the Council's July 11 Public Safety, Planning, Human Services and Personnel Committee,
before bringing it back to the full Council for potential approval of the contract on July 18.
Narrative
The proposed scope of work includes a significant amount of community engagement (including a
Community Champions Steering Committee) and a major focus on illustrative and graphic -rich processes
and materials, which is one of the main assets of selecting an architecture/urban design firm as the
prime consultant. A series of meetings are planned at the neighborhood level, which will allow for
targeted input and feedback on important topics such as neighborhood commercial uses, middle
housing, and environmental impacts.
In preparing their scope of work, the VIA team's SEPA subconsultant (Herrera Environmental) reviewed
the public comments and Council discussions for the Highway 99 Planned Action 5-year update that
ultimately lead to funding for a Highway 99 SEIS in the 2023 budget. When reviewing the statutory
requirements and best practices for preparing an SEIS, the VIA team concluded that the SEPA analysis
for the Highway 99 Subarea Plan would be better integrated into the Comprehensive Plan Update EIS, as
opposed to being conducted through a separate SEPA process. The rationale for this approach is
included in Attachment 3, and a member of the consultant team will be available via Zoom on July 5 to
answer questions from Council.
The preparation of one comprehensive EIS would allow the city to take a citywide approach to
accommodating expected growth over the 20 years, identifying potentially significant environmental
impacts, and ensuring that adequate mitigation measures are proposed for the entirety of the city. The
areas highlighted in red in Attachment 2 identify the specific tasks, engagement efforts, and deliverables
related to the Highway 99 SEPA analysis.
Staff is currently working to align the scope of work and outreach strategy for the Comp Plan Update
with other planned and potential projects, including the Transportation Plan Update, Reimagining
Neighborhood and Streets, Climate Champions, and Highway 99 Landmark Site master planning. Council
feedback is requested so that the city can finalize the Comp Plan Update scope of work and complete
this important work by the December 31, 2024 statutory deadline.
Attachments:
Attachment 1 - Comp Plan Update RFP
Attachment 2 - VIA Draft Scope of Work
Attachment 3 - Highway 99 SEPA Approach
Packet Pg. 149
9.3.a
CITY OF EDMONDS
121 51h Avenue North
Edmonds, WA 98020
Request for Proposals (RFP)
"Everyone's Edmonds" 2024 Comprehensive Plan Update
SUMMARY
Mike Nelson,
Mayor
The City of Edmonds seeks proposals from qualified consultants to assist with the periodic update to its
Comprehensive Plan, which must be adopted by December 31, 2024 to be consistent with the Growth
Management Act, Vision 2050 Growth Strategy, Snohomish County Countywide Planning Policies, and other local
plans and policies. The consultant team should be multi -disciplinary, which may be a single firm or a consultant
team consisting of individuals and/or firms with specialized expertise. The city's preference is for proposals that
cover the entirety of services identified in the RFP, but proposals for individual components will also be
accepted. The city is looking to develop a comprehensive, consistent, and culturally relevant plan that will guide
the City's decision -making and development through the year 2044. The project is expected to begin in April 2023
be completed by December2024. To be considered, proposals must be submitted by 5:00 pm on April 21, 2023.
Edmonds is a city of about 43,000 people located in south Snohomish County on the western shores of Puget
Sound approximately 11 miles north of Seattle. Situated within the urbanized Puget Sound region, the city
encompasses approximately 8.9 square miles, including five lineal miles of marine shoreline. In the time since the
city completed its last periodic update in 2015, Edmonds was designated as a High -Capacity Transit (HCT)
community in PSRC's Vision 2050 regional growth strategy, which shifted expectations on future growth.
Per the Snohomish County growth targets adopted in early 2022, the city is projected to grow by approximately
13,000 residents and 3,000 jobs by 2044. Whereas the city was projected to have surplus capacity for both
population and employment through the year 2035, the city is now projected to have a 2044 deficit of
approximately 4,000 people and 500 jobs based on current zoning, which will need to be addressed through the
periodic update. Translating this population growth to needed housing units in a way that meets the
affordability/income requirements of House Bill 1220 will be another major component of the periodic update.
The city undertook a community visioning exercise in Summer 2022 that resulted in the preparation of a draft
vision statement and supporting values, which are currently being vetted by the community and will provide the
foundation for the periodic update. A series of value statements or guiding principles are expected to provide the
transition between the vision and the comprehensive plan.
The involvement of residents, property owners, business owners, and other stakeholders in updating the
Comprehensive Plan is critically important. Robust community involvement, especially with historically under-
represented communities, is particularly important and should utilize the Equitable Engagement Framework.
PROJECT BUDGET
The initial budget identified for this project is $400,000. The city is finalizing a separate contract with a
transportation consultant to prepare an update to its Comprehensive Transportation Plan, which will be provided
to the selected consultant to coordinate project planning and outreach and will serve as the Transportation Element
of the Comprehensive Plan. The City has additional funding available for the preparation of a Supplemental
Environmental Impact Statement (SEIS) for the Highway 99 Subarea Plan Planned Action Area (Optional Item 4
under Project Description and Work Plan) that it may choose to utilize with the selected consultant, depending on
consultant interest and qualifications. Proposals should indicate a consultant's interest in this optional task as well
as a preliminary scope, which would be further negotiated during the professional services agreement process.
Packet Pg. 150
9.3.a
DURATION OF SERVICES
The expected timeline for this update is to begin in April 2023 with a completion date of December2024.
BACKGROUND DOCUMENTS AND MATERIALS
In developing a proposal for the periodic update, supporting documents to consult include:
• The Comprehensive Plan Gap Analysis completed in Summer 2022, which evaluated existing gaps in the
comprehensive plan related to equity and climate change, which will be two primary areas of focus for
guiding the city's growth over the next twenty years.
• The Equitable Engagement Framework completed in 2022, which should be reflected in the community
engagement plan prepared for the project and guide outreach activities for the update.
• The 2023 Edmonds Climate Action Plan approved by the City Council in March 2023, which establishes a
goal and supporting strategies for the city to achieve carbon neutrality by 2050.
• Potential options for the Edmonds waterfront identified in the Edmonds Waterfront Issues Study,
including the future of the Edmonds Marsh and the former Edmonds Crossing project.
• The 2018 Housing Needs Study and 2021 Citizens' Housing Commission Policy Recommendations, which
addressed topics such as middle housing, accessory dwelling units, and potential zoning changes.
• The city's Reimagining Neighborhoods and Streets project, which envisions what the streets of tomorrow
will look and feel like.
• The 2022-2027 Parks, Recreation and Open Space Plan adopted in June 2022.
• The Shoreline Master Program, most recently updated in 2019.
• Highway 99 Subarea Plan and Planned Action EIS
• Revisioning Westgate: A District Plan and Form -Based Code (Draft)
• Five Corners Alternatives Analysis and Fact Sheet
PROJECT DESCRIPTION AND WORK PLAN
The project has three main parts, summarized below, with the option for the aforementioned Highway 99 SEIS. A
more detailed scope of work would be negotiated as part of the professional services agreement.
1. Community engagement:
o Develop a community engagement plan consistent with the city's Equitable Engagement U_
Framework, which recommends the use of a structure and compensation model that can attract
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voices not typically heard in the comprehensive planning process.
o Utilize a "Community Champions" Steering Committee composed of a diverse set of stakeholders CL
with a focus on historically underrepresented communities, to ensure that the plan's engagement c
strategy, as well as its goals and policies, are equitable and inclusive. The city has developed (L
partnerships with a number of organizations that will be shared with the consultant team. Q-
o Plan, host, and provide materials for up to two neighborhood meetings in each of the six �o
neighborhood commercial areas (Downtown/Waterfront, Perrinville, Five Corners, Westgate,
Firdale, and Highway 99/Lake Ballinger) which will provide the community feedback for the It,
illustrative visions described below.
o Undertake specific engagement efforts related to economic development, including outreach to
low-income residents and small businesses at risk of displacement and gentrification.
o Prepare a series of online surveys, story maps, and community events to solicit community
feedback on topics including housing, economic development, urban form, capital facilities,
utilities, and environmental quality/natural resources.
o Prepare and produce high -quality, illustrative public outreach materials describing facts, findings,
analysis, and alternatives for public meetings, open houses, the city webpage, social media posts
and public hearings.
o Include up to six works sessions and two public hearings with both Planning Board and City Council.
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2. Prepare a Supplemental Environmental Impact Statement (SEIS) that includes:
o Issuance of a Determination of Significance (DS) and scoping document, review of scoping public
comments, and hosting of a scoping public meeting during the 30-day comment period.
o An analysis of different growth alternatives for achieving the city's population, housing unit, and
employment growth targets in a manner consistent with Vision 2050, HB 1220, adopted 2023 state
legislation, countywide planning policies, and local plans and policies.
o An analysis of potential infrastructure and capital facilities constraints, including parks,
transportation, sewer/water conveyance, and wastewater treatment capacity.
o A focus on the city's ability to adapt to and mitigate the impacts of climate change.
3. Deliver draft and final versions of an updated Comprehensive Plan, supporting documents and
implementation item, including the following tasks:
o Review relevant background documents (identified above).
o Prepare background analysis, graphics/figures/tables/infographics, and other materials that can: 1)
frame the discussion of specific Comprehensive Plan topics and 2) serve as updated introductory
narrative and graphics for each element as well as the Purpose and Scope, State and Regional
Context, and General Background sections of the existing plan.
o Prepare an Economic Development Plan that includes:
i. A SWOT analysis and assessment of the city's economic role in the region consistent with
the city's draft vision statement, including potential targeted industries.
ii. Provides an equity analysis focused on the economic well-being of the city's residents,
specifically those in the extremely low, very low, and low income levels.
iii. Assesses displacement and gentrification risks.
o Prepare a Housing Needs Analysis that identifies the city's ability to meet its 2044 growth targets
across different income levels and housing unit types and any needed changes to its zoned capacity
to comply with House Bill 1220. As part of this analysis, review the city's 2018 Housing Needs Study,
Housing Commission Recommendations, House Bill 1220 requirements and any housing -related
bills approved as part of the 2023 state legislative session.
o Based on the community feedback discussed in Item 2, prepare illustrative subarea visioning
graphics for the six identified neighborhood commercial areas that can provide the foundation for
future subarea planning efforts and build upon existing goals and policies in the Land Use and
Economic Development elements.
o Create preliminary pro formas for different middle housing types and neighborhood commercial
areas.
o Work with city staff, the Steering Committee, and Planning Board to draft changes to existing
individual Comprehensive Plan elements, not including the Transportation element, as well as any
statutory requirements that come out of the 2023 legislative session. The consultant shall have the
primary responsibility for editing and writing a cohesive document supported by information in
existing records, new plans and studies, data analysis, public input, best practices, and successful
application in other jurisdictions.
o At a minimum, the plan should include the following existing elements:
i. Community Sustainability v. Community Culture and Urban Design
ii. Land Use vi. Utilities
iii. Housing vii. Capital Facilities
iv. Economic Development
o Prepare materials for and attend public meetings and hearings with the Steering Committee,
Planning Board and City Council.
o Review Edmonds Community Development Code and draft a memo of recommended and required
changes thatare consistent with comprehensive plan policies, Department of Ecology requirements,
and Department of Commerce guidance. Depending on recommended changes, city staff may
finalize code amendments or add additional services to the consultant's contract.
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4. Highway 99 Subarea Plan SEIS (Optional Task)
o In August 2017, the City Council adopted a Planned Action Final Environmental Impact Statement
(FEIS) for the Highway 99 Subarea Plan that established planned action development thresholds
and potential mitigation measures for up to 3,325 residential units, 1.6 million square feet of non-
residential uses, and 2,755 PM peak hour trips.
o Staff provided a Planned Action Five -Year Review in October 2022.
o In response to public comments from local residents that the EIS did not evaluate adequate
alternatives or the full scale of potential environmental impacts from the preferred alternative
identified above for topics such as traffic, pedestrian safety, stormwater, bulk/massing, air quality,
environmental justice and displacement, the City Council directed staff to prepare a Supplemental
Environmental Impact Statement (SEIS). They subsequently provided up to $250,000 in funding
through the 2023 budget.
o The city is now seeking consultant assistance to review the existing Planned Action FEIS and develop
a SEIS and public engagement plan to evaluate the existing FEIS and identify any needed changes.
o Staff would prefer to complete in coordination with the Comprehensive Plan Update and is
soliciting options proposals under this RFP.
o The city also welcomes proposals from firms interested in just the Highway 99 Planned Action SEIS
optional task.
o Should the city not receive any interest and/or qualified proposals in response to this RFP, it will
issue a separate RFP for the SEIS project.
The City will contribute its expertise, relevant documents, and historical knowledge about the issues to be
addressed. A small City team, with input as needed from several departments, will provide information, support,
possible GIS assistance, and overall guidance for the project. The City will schedule public meeting sessions
(whether virtually or in -person) at which the consultant will present information. The city will provide a brand
book with fonts, colors and logos.
QUALIFICATIONS
The ideal consultant team for this project will have strong housing policy, urban design, environmental planning
skills, and inclusive outreach expertise. Knowledge of applicable state laws, including the Growth Management
Act, is expected. Prior experience in working with small to mid -size cities, government agencies, and tribes will be
useful. (NOTE: The consultant team may include subconsultants that provide specific assistance.)
CRITERIA
The City will use the following criteria in evaluating each proposal:
Criteria
Points
Project Approach
0-25
Clarity and responsiveness to City's RFP
0-15
Team's environmental experience/expertise
0-15
Team's urban planning experience/expertise
0-15
Team's ability to communicate effectively
0-15
WMBE consultant (prime or sub)
0-5
References and past performance
0-5
Experience working with similar communities
0-5
MAXIMUM POINTS
100
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SUBMITTALS
Submittal Information
One electronic copy of the proposals shall be submitted via email to planning@edmondswa.gov. The deadline for
proposals for this project is April 21, 2023, by 5:00 PM. Proposals should be limited to the equivalent of 30 pages
total, including a cover letter. (Exception: The applicant may include excerpts or links from past work that is not
subject to the equivalent of 12 pages total.) The following format and content shall be used:
A. Cover letter/ executive summary: A cover letter must be submitted with the proposal. The cover
letter should indicate the full name and address of the respondent that will perform the services
described in this RFP. The proposal must indicate the name and contact information for the
individual who will be the senior contact person for this engagement. The cover letter must include
identification of any and all sub- consultants. A person authorized to bind the proposer to all
commitments made in the proposal must sign the letter. (2 page maximum)
B. Knowledge of the Edmonds Community — The respondent should furnish a narrative of how the
respondent is familiar with Edmonds. The narrative should identify past planning -related
experiences in the city and region. (2 page maximum)
C Experience and Qualifications —The respondent should clearly state relevant skills and experience in
a manner that demonstrates its capability to complete the Scope of Work. If applicable, please
highlight projects in which members of your proposed project team have worked together.
Consultants should highlight their qualifications and experience (i.e., relevant case histories,
including government organization experience with sufficient detail, information and/or access to
online demos or examples). Consultants should demonstrate their knowledge of best practices in
the process of plan creation. The response should include a list of up to five references/clients
including names, addresses, phone numbers, and principal contacts in which the consultant has
provided similar planning services. (10 page maximum)
D. Approach —The respondent shall set forth its overall approach to creating a vision and the technical
plans to meet the requirements of the RFP. This should convince the committee that the respondent
understands the objectives that the engagement is intended to meet, the nature of the required
work and the level of effort necessary to successfully complete the project. The respondent should
also set forth a detailed work plan indicating how each task in the scope of work will be
accomplished, including an outline of proposed work and a timeline for key milestones and
completion of the Scope of Work. (2 page maximum)
E. Projected Costs/Budget — The respondent should provide a detailed matrix of estimated costs to
provide the services. Such costs should be presented in a budget format that itemizes actual
expenses for marketing, administration, and creative services. Costs should not exceed the budget
of $400,000. (4 page maximum)
F. Organization — The respondent should include an organizational chart including all key team
members, their resume, and the amount of time each member will spend on this engagement, based
on a forty- hour workweek. If the respondent is a "joint venture", there must be included a clear
statement of responsibility associated with each member and/or entity of the joint venture. (10 page
maximum)
SELECTION PROCESS
The submitted proposal is the basis from which interested firms will be selected. At the City's option, firms or
teams may be invited to make oral presentations before the City's evaluation panel, which would occur on April
27 or April 28. The City's representative will provide additional details outlining the preferred content of the
presentation to each firm or team that is invited to participate. Upon completion of the evaluation, the City's
evaluation panel will determine the most qualified firm based on all materials and information presented.
The city is looking to select a firm and begin negotiating a final scope of work by early May 2023.
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FINAL SCOPE OF WORK
The final scope of work will be developed with the top candidate for this project as part of a
professional services agreement.
QUESTIONS AND UPDATES
Any questions must be submitted by email to planning@edmondswa.gov. Substantive responses to
questions will be available to all interested parties. Any updates to the RFP will be posted on the City website:
https://www.edmondswa.gov/doing business/bids rfp s and rfq s.
REMINDERS
General
Any firm failing to submit information in accordance with the procedures set forth in the RFQ may be subject
to disqualification. The City reserves the right to change the qualifications schedule or issue amendments to the
RFP at any time. The City reserves the right, at its sole discretion, to waive material irregularities contained in
the proposal. The City reserves the right to reject any and all proposals at any time, without penalty. The City
reserves the right to refrain from contracting with any respondent. Firms eliminated from further consideration
will be notified electronically by the City as soon as practical.
Americans with Disabilities Act (ADA) Information
The City of Edmonds in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans
with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and
activities. This material can be made available in an alternate format by emailing Debbie Rothfus at
devserv.admin@edmondswa.gov or by calling(425) 771-0220.
Title VI Statement
The City of Edmonds, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any
contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR
Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, national origin, or sex in consideration for an award.
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CITY OF EDMONDS COMPREHENSIVE PLAN UPDATE
SCOPE OF SERVICES
May 2023
Phase 1 Project Management, Meetings and Community Engagement
Task 1 Project Management and Meetings
Task 1.1: Project Management:
The Project Manager acts as the point person that coordinates with the City/Steering Committee
regularly to address data needs, coordinate review meetings, and other issues as needed. The Project
Manager will coordinate with subconsultants to ensure consistency in the products and coordination of
scope items under their purview.
The Project Manager will attend bi-weekly meetings to provide progress reports. This budget assumes
1.5 Consultant attendee for approx. 32 meetings for the 18-month period.
Deliverables
• Project Schedule updates per scope document
• Project Management meeting action items, and minutes
Task 1.2: Meetings with Planning Board:
The consultant team will coordinate with City staff for up to five meetings at strategic milestones to
keep the Planning board abreast of Plan progress, debrief on community engagement events, and
prepare for upcoming events.
Select key members of the consultant team will attend all meetings, with other members attending as
appropriate. Meetings will be held in -person or virtually, depending on the preference of the Board.
For each meeting, consultants will prepare a presentation (as per planning phase) and a meeting
summary, identifying relevant information shared during the meeting and board's feedback for
subsequent incorporation of comments into deliverables.
Assumptions
• The City of Edmonds Planning and Economic Development Staff will assist the Consultant in
preparation of agendas for Planning Board.
• The City of Edmonds will conduct follow ups as needed with individual Board members.
Task 1.3 Meetings with City Council:
The Consultant will brief the City Council on Comprehensive Plan progress at two milestones before the
public hearing. First, City Council will be briefed at the end of Task 4 to review high level Plan and Policy
alternatives and then second, during Task 8 to review draft comprehensive plan document.
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Task 1.4 Coordination with Transportation Plan Update:
The consultant will coordinate with the City's transportation planning consultant team for identified
Subtask 7C (Neighborhood Open Houses) and 7D (Planning Board and City Council Meetings) to present
a complete vision to the community.
Assumptions
• The City of Edmonds will support the team in consultant coordination through regular reporting
at Project management meetings.
• The Transportation Consultant will provide materials for milestone meetings.
Task 2 Community Engagement
Task 2.1 Community Engagement Plan (CEP)
Consultant will develop a community engagement plan consistent with the city's Equitable Engagement
Framework to ensure broad participation from constituencies such as: businesses, artists, seniors,
youth, social service providers, advocates, low-income residents.
The CEP will work with identified City "Community Champions." Organizations to include in the
engagement strategy may include: Edmonds Senior Center, Edmonds School District, Edmonds Chamber
of Commerce, Communities of Color Coalition, Alliance of Citizens for Edmonds, Edmonds Youth
Commission, Compass Housing Alliance, and Edmonds Diversity Commission, Sound Transit, Community
Transit and Edmonds College.
Deliverables:
• Community Engagement Plan, including strategies for working with Community Champions,
schedule of meetings, events, and desired collateral.
Task 2.2 Neighborhood Community Meetings
The Consultant will host up to two focused rounds of neighborhood meetings to address issues and
opportunities pertaining to the five neighborhood commercial areas in Edmonds. Neighborhood
meetings will be organized to effectively consolidate similar issues and questions, at minimum, meetings
will be conducted to gather information building from the existing visioning material and test
alternatives/design options. In some cases, and if warranted, smaller commercial centers may be held
concurrently. Meetings will be scheduled to provide input before project "milestone" with City Council
and Planning Board.
Task 2.2.1 Highway 99/Lake Ballinger Sub Area Focused Engagement
The team will conduct 3-meetings with Highway 99 community supporting the 6t" Neighborhood
Commercial center at Lake Ballinger to coordinate the Sub Area Plan with the Comprehensive Plan, and
address community concerns and opportunities
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Materials will address identified gaps and explore how to best integrate strategies proposed in the
Comprehensive Plan process (missing middle, neighborhood commercial, and equity measures) to the
Highway 99 sub area.
Assumptions
• Assumes two rounds of community engagement to be completed within 15 months.
• All direct expenses related to community outreach including translation, interpretation, printing,
mailers, room rental, online licenses, CBO compensation etc. to be directed to and paid for by the
City of Edmonds.
• City of Edmonds will provide additional staffing support for neighborhood meetings
• Additional and/or alternative touch points with community will be discussed with staff. In this
instance, neighborhood meetings may leverage City events, and the City may provide support
for logistics and facilitation.
Deliverables:
• Neighborhood Commercial events and topics (see table below)
• Hwy 99 sub area focused sessions (3— meetings)
• Consultant attendance, thematic findings; summarized comments
Minimum Number and Topics for Community Meetings:
Project
July -Sept 2023
Oct -Nov 2023
Feb -March
Aug -Sept 2024
Oct -Nov
Timeline
2024
2024
Overall Phase
Visioning and first
Existing
Plan Alternatives,
Draft
Public Hearing
listening sessions
Conditions and
Neighborhood
Comprehensive
Draft goals and
Commercial Urban
Plan and policies
objectives
Design Scenarios
Waterfront
✓
✓
✓
✓
✓
Downtown
✓*
✓
✓
✓
Perrinville
✓*
✓
Five Corners
✓*
✓
Westgate
✓*
✓
Firdale
✓*
✓
Lake Ballinger
✓*
✓
Highway 99
✓
✓
✓
✓
✓
(Task 2.2)
*Builds from
previous visioning
work
(Task 2.2)
Includes potential
staffing by the
City
(Task 2.2)
Associated with
Comp Plan EIS
(Task 2.4)
Associated with
Comp Plan EIS
(Task 2.4)
Personnel assumption: 2 Consultants for neighborhood commercial (1 PE, 1 S+A); up to 4 for
Waterfront, Downtown, Highway 99 (PE + S+A)
o Est. 2 hours per meeting
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Task 2.3 Comprehensive Plan EIS Scoping and DEIS Public comments Meetings:
The Consultant (led by S+A) will plan and lead outreach meeting(s), prepare materials including
presentation, handouts, and forms. The team will plan, staff, document, and report on two (2) project -
hosted public hearings for community members to learn about the project and provide formal comments.
For planning purposes, one meeting will be in person and the other will be virtual.
• Public Hearing (1)
• Draft Policy Plan (2)
■ Comment Summaries from two (2) public hearings for Draft plan/DEIS and Final Plan/FEIS (.docx)
Task 2.4 Online engagement and Public Material:
A community engagement hub through infocommunity.org will be created and linked to City website.
The community hub will include online community priority surveys and identify upcoming community
events on topics including housing, economic development, urban form, capital facilities, utilities, and
environmental quality/natural resources. This budget includes up to four updates to infocommunity.org
The infocommunity.org updates will be led by S+A.
Public Material will be created for
1) Neighborhood Meetings listed in Task 2.2 and 2.3
2) Planning Board Meetings (4), Economic Development Committee (1)
3) City Council Briefings (2)
Assumptions
• Team will make use of City "Everyone Edmonds" branded material
• The city will lead promotions of community events and other opportunities for engagement.
Deliverables:
Communications boards including diagrams, illustrations, and graphic visualizations to support
public feedback.
o Materials will be produced in formats confirmed with City team (VIA), formats will be
designed to be reused and circulated in related City media materials (e.g., Facebook,
Instagram).
o Visual Preference Survey will be made available (VIA)
• Community engagement online portal, messaging on community engagement hub with up to four
updates. (S+A)
• Content for online open houses and/or survey
• Support the City in creation of public -facing materials such as: Fact sheet, FAQ housing topic
sheet, community priority questionnaire, city-wide mailer (1), neighborhood event invite or
poster. (S+A supported by VIA)
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Task 2.5 Engagement with Community Champions
In partnership with the City, the Consultant will work with a "Community Champions" Steering
Committee composed of a diverse set of stakeholders with a focus on historically underrepresented
communities, to ensure that the plan's engagement strategy, as well as its goals and policies, are
equitable and inclusive. For planning purposes, one in person meeting, and up to three virtual "check
ins" to support co -created activities/events — in addition to, and/or to supplement planned public
meetings.
S+A will lead Community Champions events making use of materials developed in Task 2.4.
Assumptions:
• City will lead the formation of the "Community Champions" Steering Committee, and negotiate
compensation model.
Phase 2 Project Understanding and EIS Scoping
During this Phase, the Consultant team will assess existing conditions including review of
economics, urban form, land use, environmental and demographic attributes. This project phase
will allow the team to confirm what issues need to be resolved and identify the key
opportunities to be explored as options in the next project phase. The Consultant team will
prioritize those items identified in the RFP including — a) waterfront vision and public realm
strategy, b) housing intensification and coordination with recently adopted legislation, c) transit
and land use coordination, d) integration of climate action planning in the Comprehensive Plan
and c) harmonization with the Highway 99 Sub Area Plan and PAO.
Task 3.1 Project Understanding and Existing Conditions Review
Existing Conditions will substantially build from background documentation and materials listed
following:
Comprehensive Plan Gap Analysis
Equitable Engagement Framework
2023 Climate Action Plan
Edmonds Waterfront Issues Study
2018 Housing Needs Study
Citizens Housing Commission Policy recommendations
Reimagining Neighborhoods and Streets
Shoreline Master Program
Revisioning Westgate: A District Plan and Form Based Code
Five Corners Alternatives Analysis and Fact Sheet
Highway 99 Lake Ballinger Sub Area Plan and PAO
2022-2027 Parks, Recreation, and open Space Plan
Comprehensive Water System Plan (2017)
Comprehensive Sanitary Sewer Plan (2013)
Storm & Surface Water Management Comprehensive Plan (2010)
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Snohomish County Solid Waste Management Comprehensive Plan
To develop a clear understanding of the City of Edmonds conditions, the team will conduct the
following activities:
■ Site visit, and compile photo inventory
■ Data information request memo
■ Develop an ESRI GIS database
■ Conduct targeted one-on-one briefings (up to 5) with City -identified stakeholders to
understand market conditions (economic issues) and planning topics such as waterfront
issues study, community development, public facilities, transportation, and other. One
on one meetings will highlight key city challenges and visioning goals. Meetings will be
conducted virtually.
■ The Highway 99 area has a recently adopted Sub Area Plan. Up to (2) one -on -one meetings or
small group session (remote) will focus specifically on review of identified challenges and
confirm approach in coordination with City staff. Participation in on -on -one meetings may
include in addition to the PE team, 1 consultant from Herrera, and Forum. A summary of the
meeting will be circulated. Meetings will be conducted virtually.
Building from Task 3.1 findings, the team will prepare a draft Existing Conditions memo for the Land Use
Plan. The Memo will interpret findings on
■ Environmental and natural systems characteristics based on available information
■ Review and inventory of existing City zoning and legislation associated with housing
intensification, and existing buildable lands report
■ Parks open spaces and cultural and historic resources
■ Public Services and utilities approach
■ Waterfront
■ Downtown redevelopment
■ Brief memo on Highway 99; environmental and planning approach to address (MS Word)
Task 3.2 Economic Development — Existing Conditions Review
Conducted concurrently to the Existing Conditions Review, the team will assess Economic Development
and real estate factors contributing to development onditions in Edmonds. Consultant activities will
include:
■ Barriers to middle housing
collecting data on measures such as the increase in home and rent prices, vacancy rates,
household incomes to identify displacement and gentrification risks
■ Assess real estate development patterns for employment uses (office healthcare, commercial,
and industrial); remote working trends; employment characteristics and regional growth
industries; projected high growth industries in the Puget Sound Region
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Assumptions and Exclusions
• City will provide:
o Geographic Information Systems (GIS) geodatabase layers (aerials, streets, zoning, land -
use, tax parcels, utilities, public services etc.)
o Copies of available land use studies and plans
• As applicable, City will consolidate comments and send to the consultant's team
• Logistics and planning for one on one, and small group sessions
• City will share transportation findings, and direction developed by Transpo Group
Deliverables
Compiled Draft existing conditions: summary memo (.docx)
Draft Vision Document with updated goals for the Comprehensive Plan (.ppx format)
• Draft outline of exiting conditions section for EIS
Task 4: EIS Scoping
Led by Herrera, the Consultant will conduct a SEPA scoping session for the Comprehensive Plan EIS. The
budget assumes two conceptual alternatives and the no action alternative for scoping.
Deliverables:
• Draft Determination of Significance and Scoping Notice for City review (in MS Word)
• Revised Determination of Significance and Scoping Notice for City review (in MS Word)
• Determination of Significance and Scoping notice for distribution (in MS Word)
• Attend public scoping meeting
• Review scoping public comments, discuss with the City if there are any new topics that would
lead to a change in the purpose and need of the project, alternatives considered, and potential
impacts (summary sent via email)
• Develop SEPA EIS scoping materials that specifically address Hwy 99 Plan; e.g. incorporation of
Hwy 99 PAO into Comprehensive Plan document by reference.
Phase 3 Scenario Planning and Plan Alternatives
Task 5: Scenario Planning
Task 5.1: Creative Analysis and Plan Alternatives:
The team will develop options based on the findings in Phase 2. During scenario planning we will
develop a GIS model to test land use, zoning, and massing as well as public realm, parks and recreation,
policy and urban form options. The options may include plan and/or high-level massing changes and/or
the testing of specific program elements.
Options will include factors such as the context, land economics, community needs, transportation
choices, walkability, environmental resilience, governance, regulations, and partnering opportunities
This task will culminate in the selection of a preferred set of strategies and key elements to update in
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the draft and final comprehensive plan. For purposes of this scope of work a "draft vision" constitutes a
high level vignette and/or diagrammatic exploration of a proposed concept.
Land Use capacity: conduct land use tests using as inputs; urban form, zoned capacity, use, and
market conditions. High level land use model will be prepared to the level of detail required for
transportation modeling.
Circulation, Placemaking and Urban Design scenarios will be prepared to include explorations of
items such as:
o Areas of change, focusing on 6-neigborhood commercial centers
o Placemaking concepts/opportunity sites
o Public realm opportunities
o High level mobility characteristics
• Develop vision for waterfront with coordination with City of Edmonds Transportation Consultant
to address various issues as identified in "Edmonds Waterfront Issues Study" including
replacement of the Edmonds' Crossing proposal.
• Develop strategy and policy options for integrating Climate Action goals with land use
alternatives.
Assumptions and Exclusions:
Assume minimum of two Alternatives that provide distinguishing features. Each alternative
(other than no action) should assume compliance with HB 1220 and 2023 state legislation.
Deliverables:
• Presentation with options for review by stakeholders and public, including diagrams, graphics,
maps and illustrations Package Plan options and strategies for discussion with Planning Board,
and City Council
• Options and "visions" for neighborhood commercial centers in coordination with Task 5.2
• Draft table of contents and chapter outlines for Draft Comprehensive Plan document (in MS
Word)
Task 5.2 Draft Economic Development Vision and Strategies Memo
• Prepare high level pro forma financial analysis of middle housing types with a focus on
ADUs/cottages, attached duplexes to fourplexes, and potentially other types of middle housing
of interest to the city.
• Prepare high level pro forma financial analysis of neighborhood commercial areas (i.e., small
commercial and/or mixed -use projects). Key outputs of the pro forma will include total cost of
construction, required sales price or rental rate, area median income required to purchase or
rent, commercial affordability, expected levels of demand, key barriers including
zoning/regulatory, land availability, and others.
• Draft economic development vision and strategies memo: A vision that is consistent with the
community's values, based on Edmond's existing assets, industry clusters, and regional growth,
and addresses opportunities for lower -income households.
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Deliverables:
• Presentation for Economic Development Vision and Action Strategy to EDC and Planning Board
in a joint session
Task 5.3 Highway 99 Approach Memo:
Develop high-level strategies and approaches to define relationship to comprehensive plan design goals
and principals.
Deliverables:
• Graphically -rich memo and PowerPoint outlining Hwy 99 approach and high-level design options
Phase 4 Comprehensive Plan Draft and SEPA Draft EIS
Task 6: Comprehensive Plan Draft — Preferred Option
Task 6.1 Comprehensive Plan Draft
• Based upon feedback and agreed upon priorities the Consultant will create draft comprehensive
plan including a future land use map, zoning map for future action and adoption by the City of
Edmonds and Draft policy approaches. Draft chapters will be included outlining policy action on
Vision, Land Use, Housing, Economic Development, Urban design, Sustainability + Climate,
Equity, Utilities and Capital Facilities.
• Based on two community meetings and feedback from Community Champions Streeting
Committee, Planning Board and City Council, consultant will submit a brief memo with vision for
neighborhood commercial areas and two illustrations each.
Task 6.2 Final Economic Development Vision and Strategies Memo Based upon feedback from EDC,
Planning Board and City Council, consultant will submit Economic Development Vision and Strategies
Memo. It will include pro forma financial analysis for middle housing types and neighborhood
commercial areas, and economic development vision and strategies.
Task 6.3 Highway 99 Planning Support Documentation
Develop Hwy 99 Overlay Zone and/or Design Guidelines approach concurrently with preferred land use
options.
Assumptions and Exclusions:
• Consultant will base their assumptions and analysis for adequacy of utilities and public services
provisions for various growth scenarios on existing comprehensive plans for each utility and
recommendations from the City.
Deliverables:
• Draft Comprehensive Plan Document with draft maps (in MS Word)
• Economic Development Plan Memo (in MS Word)
0
Packet Pg. 164
9.3.b
VA EASTMAN STUDIO
• Memo of recommended and required changes in Community Development Code (in MS Word)
• Presentation with vision for neighborhood commercial areas (.ppx format)
• Draft Comprehensive Plan (including edits/ inputs from City Council, Planning board and
Community Champions Steering committee) for distribution (in MS Word and PDF)
• Highway 99 coordination
Task 7: SEPA Draft EIS
Led by Herrera the team will prepare the SEPA Draft EIS.
Deliverables:
• Draft outline of Draft EIS that includes the No Action Alternative and two Action Alternatives
that analyze different growth alternatives. The EIS will analyze potential impacts on at least the
following elements: public infrastructure and capital facilities (including water, sewer, and
wastewater treatment), parks, transportation, water resources, and climate change (in MS
Word). Additional elements may require a change of scope of work depending on complexity.
• Revised outline of Draft EIS (in MS Word)
• Preliminary Draft EIS for City review (in MS Word)
• Draft EIS that incorporate responses to City comments (in MS Word)
• Draft EIS for distribution (in MS Word and PDF)
• Draft Coordinated and Updated Environmental Review for Hwy 99
Task 8: Public Hearing for SEPA Draft EIS and Draft Comprehensive Plan
Deliverables:
• Public Material as outlined in Task 2.5
Phase 5 Final Comprehensive Plan and SEPA Final EIS
Task 9: Review and Edits
Deliverables:
Task 9.1 Preliminary Draft for Comp Plan
Preliminary draft Final Comprehensive Plan document with maps that incorporates responses to City
comments and public comments for City review (in MS Word)
Task 9.2 Preliminary Draft for SEPA EIS
Preliminary draft Final EIS that incorporates responses to City comments and public comments for City
review (in MS Word)
Task 9.3 Coordinated and Updated Environmental Review for Hwy 99
Task 10: Final Comprehensive Plan and SEPA Final EIS
Deliverables:
Task 10.1 Final Comprehensive Plan Document for distribution
Task 10.2 SEPA FEIS for distribution
Task 10.3 Final coordinated and Updated Environmental Review for Hwy 99
10
Packet Pg. 165
9.3.b
VIA
- A PERKINS EASTMAN STUDIO
Phase 1: Project Management, Meetings and Community Engagement
Task 1
Project Management and Meetings
$50,000
1.1
Project Management
$25,000
1.2
Meetings with Planning Board (5)
$13,000
1.3
Meetings with City Council (2)
$8,000
1.4
Coordination with Transportation Plan Update
$4,000
Task 2
Community Engagement
$92,000
2.1
Community Engagement Plan
$5,000
2.2
Neighborhood Commercial Area - Community
Meetings
$31,000
2 2 1
Highway 99/1-ake Ballinger Sub Area Focused
Engagement
$15,000
2.3
Comprehensive Plan EIS Scoping and DEIS Public
Comments Meetings
$8,000
2.4
Online Engagement and Public Material
$24,000
2.5
Engagement with Community Champions
$9,000
Phase 2: Project Understanding and EIS Scoping
Task 3
Project Understanding and Existing Conditions
Review
$50,000
3.2
Economic De
Review
$5,000
Task 4
i EIS Scoping
$55,000
Includes SEPA scoping addressing Highway 99 PAO
Phase 3: Scenario Planning and Plan Alternatives
Task 5
Scenario Planning
$83,000
5.1
Creative Analysis and Plan Alternatives
$52,000
5.2
Draft Economic Development Vision and Strategies
" Demo
$25,000
5.3
Highway 99 Approach Memo
$6,000
Phase 4: Draft Comprehensive Plan and SEPA Draft EIS
Task 6
Comprehensive Plan Draft — Preferred Option
$88,000
6.1
Comprehensive Plan Draft
$48,000
6.2
Final Economic Development Vision and Strategies
Memo
$10,000
6.3
Highway 99 Planning Support Documentation
$301000
11
Packet Pg. 166
9.3.b
VIA
- A PERKINS EASTMAN STUDIO
Task 7
SEPA Draft EIS
$100,000
Task 8
Public Hearing for SEPA Draft EIS and Draft
Comprehensive Plan
$10,000
Phase 5: Final Comprehensive Plan and SEPA Final EIS
Task 9
Review and Edits
$70,000
9.1
Preliminary Draft for Comp Plan
$20,000
9.2
Preliminary Draft for SEPA EIS
$20,000
9.3
Draft Coordinated and Updated Environmental
Review for Hwy 99
$30,000
Task 10
Final Comprehensive Plan and SEPA Final EIS
$46,000
10.1
Final Comp Plan Document
$6,000
10.2
SEPA FEIS
$10,000
10.3
Coordinated and Updated Environmental Review
for Hwy 99
$30,000
$649,000
*Hwy 99 PAO Supplementary Scope $111,000
*Economic Development Vision $40,000
Reimbursable Expenses not included in above
• Travel for Katherine Howe: 3 trips
o Hotel (approx. 260)
o Airfare (approx. 350)
o Per Diem (59.25)
• Travel for Brian Vanneman: 2 trips
o Hotel (approx. 260)
o Airfare/Train/Auto (approx. 200)
o Per Diem (59.25)
• Printing expenses for community workshops: $100 per foam mounted poster (A0: 36" x 48" size)
12
Packet Pg. 167
9.3.c
VIA
-A PERKINS EASTMAN STUDIO
City of Edmonds
Highway 99 SEPA Options
Conditions when SETS
Impact to Subarea Plan
Highway 99 Recommended Approach
is warranted by SEPA
1. The proposal has
We assume the
SEPA Addendum
changed and is likely
proposal/alternatives are likely
to cause new or
to remains the same as in the
UPDATE to SUBAREA PLAN: changes to
increased significant
FEIS. Growth to remain within
zoning to satisfy stakeholder concerns- if
adverse
or less than projections as
any, new impact would not be a significant
environmental
included in PAO.
adverse effect.
impacts that were not
evaluated in the
This condition is not met; no
Activities:
original EIS.
SEIS required.
• Select changes to subarea plan and
mitigation measures by VIA; In case of less
growth strategize how to accommodate
growth elsewhere in the city; re.
coordination with comp plan process.
• Discussion of reduction in adverse impacts
as memo or SEPA Addendum by Herrera.
• WAC 197-11-706
• "Addendum" means an environmental
document used to provide additional
information or analysis that does not
substantially change the analysis of
significant impacts and alternatives in the
existing environmental document. The term
does not include supplemental EISs. An
addendum may be used at any time during
the SEPA process.
• Outreach by S&A
2. New information
Public comment includes a
• Same as above for changes to proposal
becomes available
difference of opinion about the
indicating new or
severity of impact. City to
increased significant
confirm if there is any "new"
environmental
information to be included.
impacts are likely.
3. The lead agency
• 1-99 "Study area" expanded to
Targeted SEIS
decides that
include traffic impacts on
significant
adjacent streets
• Majority of scope within Herrera
issues/impacts were
• Mitigation measures updated
(Construction impacts, stormwater)
missed in the draft EIS
to reduce reliance on capital
• Additional traffic study by Transpo
improvement plans
and/or additional
• VIA to be SME for mitigation
alternatives or
measures
Packet Pg. 168
9.3.c
VIA
—A PERKINS EASTMAN STUDIO
mitigation should be
evaluated and SEPA
goals would be better
served with another
Draft EIS and
comment period.
• Other Considerations: Additional
design scope could also be included
to create "transition zones" within
Comp Plan Scope; e.g. Create policy
direction for transition zones;
conduct additional public outreach
within Comp Plan scope to create a
roadmap to supplement Subarea
Plan; zoning ordinance update in
future scope of work (following comp
plan)
4. The original EIS was
This condition is not applicable
issued for a different
for Highway 99 Plan
proposal (such as a
comprehensive plan),
but provides the basis
for review of the
current proposal. In
this instance, the
original EIS is adopted
and the adoption form
must be included
within the draft
Supplemental EIS,
which contains
analysis of any likely
significant adverse
environmental
impacts not yet
evaluated.
This condition is not applicable
S. An agency with
for Highway 99 Plan
jurisdiction concludes
its comments on the
Draft EIS were not
adequately addressed
in the lead agency's
final EIS. In this case,
the agency with
jurisdiction must
prepare the
Supplemental EIS at
their own expense.
..
a
Packet Pg. 169
9.4
City Council Agenda Item
Meeting Date: 07/5/2023
Letter to WSDOT Regarding Unocal Property
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
Currently, WSDOT and Unocal are awaiting Dept. of Ecology's public comment period and
findings (expected to be available in July 2023) regarding the status of the environmental
cleanup of the contaminated Unocal property at the Edmonds Marsh. This property had
been used for production of asphalt products and storage of bulk fuels. When Ecology has
certified the success of the cleanup effort, the property will be transferred to WSDOT
pursuant to the purchase and sale agreement between Unocal and WSDOT.
Since WSDOT no longer plans to use the property for the Edmonds' Crossing project which
included the relocation of the Edmonds ferry terminal, WSDOT plans to dispose of the
property. The City of Edmonds holds "first right of purchase" from WSDOT as specified in
the State Budget in Section 214 of the approved 2023-2025 State biennium budget .
On May 23, 2023 Council approved a Memorandum of Understanding (MOU) with WSDOT
outlining a potential path forward for the City to obtain the Unocal property for purposes
of environmental preservation/restoration. The MOU reinforces the City's desire to
maintain first right of purchase of the property (see attachment). Other options for
preservation/restoration of the property may be available, as discussed below.
On May 23, 2023 Council tabled a motion to approve a letter to the governor, until
receiving the information from Ecology. (minutes attached)
On June 13, 2023 the Parks and Public Works Committee reviewed a draft letter to WSDOT
(attached) The minutes of this meeting have not yet been prepared, but the video is
available on the city website. Committee recommended forwarding to full council for
approval.
Recommendation
Approve the letter to WSDOT apprising them of our plan to request a meeting with Governor Inslee
(along with WRIA 8 and PSP Salmon Recovery Councils' representatives) to explore an alternative
regarding State ownership of the Unocal property for preservation/restoration purposes. The letter also
invites WSDOT representatives to the meeting.
Narrative
Packet Pg. 170
9.4
On May 23, 2023, Council considered two options regarding disposition of the Unocal property. In
addition to approving the MOU with WSDOT regarding potential purchase of the property from WSDOT
Council also considered a draft letter to Governor Inslee requesting a meeting to discuss another
alternative that directly impacts the State's highest priority goals around salmon recovery, protection of
the southern Orca resident population and preservation of open space for environmental preservation
purposes. Under this option, the State retains ownership of the property and work in partnership with
the City to achieve mutual objectives or restoration and maintenance. As part of that meeting concerns
were expressed by several Councilmembers that sending a letter to the Governor about exploring State
ownership option might create concern with WSDOT since they would not have been formally apprised
of this alternative. As such, the draft letter to the Governor was tabled awaiting the results of Ecology's
findings. (see attached minutes).
To address the concerns above, a draft letter to WSDOT was prepared (attached) to apprise them of our
desire to meet with the Governor, WSDOT, and Salmon Recovery Councils' to explore the option of the
State retaining ownership of the Unocal property. After exploring this option, If the parties determine it
is not a viable path, the City and WSDOT will simply continue to pursue the City's purchase of the
property per the terms outlined in the MOU.
Attachments:
wsdot letter draft
Pages from EDMONDS CITY COUNCIL minutes May 23 2023
Pages from Final Executed EdmondsWSFMOU Nelson Rubstello signed
Packet Pg. 171
9.4.a
June xx, 2023
Roger Millar, Secretary of Transportation
Xxxx
Olympia WA
Subject: Disposition of Unocal Property in Edmonds for Purposes of Estuary
Restoration and Salmon Recovery
Dear Secretary Millar,
We thank you for the personalized letter you sent last year to our citizen
volunteers that have been working with WSDOT for the Edmonds Marsh
Restoration Project. We are continuing our partnership with WSDOT on these
restoration efforts this year and have already established a work plan with WSDOT
and the City.
As you know, Edmonds is interested in having the Unocal property used for
expansion and restoration of the near -shore -estuary and reconnecting the
Edmonds Marsh to Puget Sound via an above -ground stream channel for salmon
recovery —including recovery of the endangered Chinook salmon. This effort
would be one of the largest nearshore estuary restoration projects in central
Puget Sound for salmon recovery and by extension directly supports the Southern
Resident Orca population and environmental preservation for birds and other
wildlife.
On May 23rd the Edmonds City Council approved a Memorandum of
Understanding (MOU) with Washington State Ferries to reinforce the City's desire
to continue to hold the "right of first purchase" of the Unocal property' (see
attached MOU).
' In Section 214 of the approved 2023-2025 State biennium budget, a proviso was included specifying the City of
Edmonds will retain right of first purchase through the end of that budget cycle.
1
Packet Pg. 172
9.4.a
Another path we are interested in pursuing is exploring the potential for the State
to retain ownership of the property. We have written a letter we would like to
send to the Governor requesting a meeting to discuss this option. With this
alternative, the City serves as a partner with State agencies in designing and
maintaining the restoration efforts. We would like to include you and/or your staff
in these discussions, along with the grant funding agencies that are familiar with
these types of transfers and restoration efforts.
We believe the Governor would be interested in such a meeting since near -shore
estuary restoration will directly support the Federal government and the State's
highest priorities around environmental restoration and net ecological gain, a
term Tribes fully embrace. This restoration effort will create an urban preserve for
salmon and Orca recovery, wildlife protection and environmental preservation as
well as carbon sequestration. Prior to moving forward with the purchase option,
we would like to ensure the Governor has fully considered the benefits of
continued State ownership of the Unocal property and has decided whether this
option should be pursued.
We look forward to working with WSDOT, the Governor, other State agencies,
Salmon Recovery Councils, and our State and Federal Legislators to determine the
optimal path to achieving our mutual key priorities around near -shore estuary
restoration.
Sincerely,
Edmonds City Council
Mike Nelson, Mayor
cc:
Amy Scarton, Deputy Secretary of Transportation
Patty Rubstello, Assistance Secretary, Washington State Ferries
Jason Mulvilhill Kuntz, WRIA 8 Salmon Recovery Manager
David Troutt, Puget Sound Salmon Recovery Council, Chair
Laura Blackburn, Puget Sound Salmon Recovery
Attachment: MOU between Washington State Ferries and the City of Edmonds
2
Packet Pg. 173
9.4.b
assumed provides them with standing. For a Type III and it goes to public hearing, even if someone was
not within the 300' radius, they are required to be provided notice of the public hearing and notice of the
decision which would seem to provide some legal standing. He deferred to the city attorney. Mr. Taraday
said he was unsure how someone became a party of record. Any party of record who wanted to appeal
would be able to do so.
Councilmember Buckshnis questioned who was driving the car on this. It mentions the involvement of staff
and the developer holding the neighborhood preapplication meeting and providing summary minutes of the
meeting. She questioned the purpose of the neighborhood meeting if staff was not involved. The proposed
amendment states staff may make general recommendations to the developer as part of the application
based on the input from the meeting to the extent that said comments are consistent with adopted previous
of the ECC. She reiterated who drives the car on this, who sets up the meetings, where are they held, who
pays the cost for the meeting, etc. Mr. Levitan answered it would be a preapplication meeting in advance
of the submittal of the land use application. The applicant would be responsible for providing notice, hosting
the meeting, sending out the mailings, etc. Assuming the language remains as is, and the meeting was prior
to application submittal, it would not be tied to an actual land use application and would essentially be a
submittal requirement for the land use application. For a developer building on a CG zoned site subject to
the Type 11-A review process, if the summary minutes and affidavit of mailing were not included when they
submitted the design review land use application, it would be considered an incomplete application.
Action on Amendment #2
MOTION CARRIED UNANIMOUSLY.
Councilmember Paine asked if this preapplication meeting would be compliant with HB 1293. Mr. Levitan
answered yes, if it was only required for a Type II -A review process, basically for properties adjacent or
across the street for buildings between 35' and 75' in height where a public hearing before the ADB is not
required, the neighborhood meeting could be a submittal requirement.
Councilmember Paine loved the idea of a preapplication meeting so the developer can get immediate
feedback from the neighbors. She asked it was appropriate to approve the amendment or did staff need to
get further clarification about whether it would be the one meeting. Mr. Levitan responded the only way he
could see it becoming an issue would be if the council imposes a public meeting requirement as part of the
official land use application which would raise the issue of whether the preapplication is tied to the land
use application or is it considered a separate public meeting outside the parameters of HB 1293.
Councilmember Paine asked if summary minutes will be part of the project file that is maintained by the
planning department. Mr. Levitan answered yes, they would be part of the developer's submittal.
Action on Amendment # 1
MOTION CARRIED UNANIMOUSLY.
Action on the Main Motion
MOTION CARRIED UNANIMOUSLY.
Councilmember Buckshnis relayed her hope that the council would put a moratorium on MFTE until it was
studied further. It was her understanding one project with 700 units provided only 70 affordable units and
she did not think a completely residential building should be afforded tax credits over a decade and only
provide 10% affordable units. She referred to the SEIS and the aquifer and what may be happening with
not having those documents in place; there may be environmental issues that impact future development in
the CG zone.
2. LETTER TO STATE REGARDING ENVIRONMENTAL GOALS FOR MARSH
Edmonds City Council Approved Minutes
May 23, 2023
Page 10
Packet Pg. 174
9.4.b
Councilmember Buckshnis commented she has been with Puget Sound Partnership and WRIA 8 for a
number of years. There are many ways get property transferred within state agencies. One of the ways is
having the Governor transfer it and she offered to provide examples. The council agreed at a previous
meeting to draft a letter to the state. The only intent of the proposed letter is to meet with the Governor.
Governor Inslee does not plan to run for another term, he has always been an environmental steward, and
his presidential campaign even pushed climate change and climate action. He may want to have a good
send-off by putting this project into another state agency such as Department of Natural Resources (DNR).
Councilmember Buckshnis continued, it was her understanding DNR was not interested because they have
not yet seen the science and everyone, even the Governor, wants to see the science first. The letter is the
first step toward having a meeting. Department of Ecology has signaled that the science will be released on
for this property in July. If the Governor transfers the property, there are funds available for stormwater
mitigation, contamination mitigation, etc., and it would save the taxpayers money. The Governor signed
ESHB 1125.PL which provides the provision in the 2023-2025 budget that Edmonds has the "right of first
purchase" for the City's intended use of the property. The reason the letter does not mention the MOU is
this is separate from the MOU, simply asking for a meeting with the Governor.
Councilmember Teitzel stressed the importance of keeping the big picture in mind, everyone is unified in
the goals of salmon recovery, recovery of the southern resident Orca population, greenhouse gas reduction,
carbon sequestration, etc. Those are not just Edmonds' goals, they are regional and statewide goals. When
Governor Inslee ran for president, his campaign stressed he was most strongly focused environmental
candidate at that time and he still holds that position and belief. This letter appeals to him to look at this
restoration opportunity as a way to support his and the state's high property goals. The state has the expertise
and resources to deal with future contamination if it is uncovered when the new channel for the creek is
dug. There are two paths for the state to pursue once they obtain ownership from Unocal, 1) retain the
property as a restoration effort in partnership with the City, or 2) sell the property to the City. As
Councilmember Buckshnis mentioned, this letter highlights this great opportunity in Central Puget Sound
for the state, region and Edmonds and gets it on the table for discussion. It's possible the state does not
want to retain ownership and the City will proceed with the MOU and purchase.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
THAT THE COUNCIL APPROVE THE LETTER AS SUBMITTED IN THE PACKET.
Councilmember Nand said she has had extensive discussions with Councilmember Teitzel and other
community stakeholders regarding the marsh as well as email exchanges with City staff. Her concern is not
sending mixed signals to the state. She was very concerned with the statement in the second to last
paragraph, "Our suggested option for you to consider to drive this high priority restoration forward is to
have the State maintain ownership." which she felt would be in direct conflict with the MOU. She did not
feel it was appropriate to request a meeting with Governor Inslee to discuss options and she questioned if
the state were to retain title, how high a priority the restoration would be whereas it was a very high priority
restoration project for the City Edmonds. If the council wanted to proceed with the letter and an MOU, she
preferred to wait until July until the Ecology documents are available.
COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND
THE LETTER TO REMOVE ENTIRELY THE PARAGRAPH STARTING WITH, "OUR
SUGGESTED OPTION FOR YOU TO CONSIDER TO DRIVE THIS HIGH PRIORITY
RESTORATION FORWARD IS TO HAVE THE STATE MAINTAIN OWNERSHIP" AND THAT
ENDS WITH "WE THANK YOU AND WISH TO MEET WITH YOU REGARDING THE
REASONS FOR THE STATE TO MAINTAIN OWNERSHIP."
Councilmember Nand commented it was too early in the process to make any representations to the
Governor, WSDOT, Ecology or any other potentially interested party regarding the City's wishes. The City
Edmonds City Council Approved Minutes
May 23, 2023
Page 11
Packet Pg. 175
9.4.b
needs to get its house in order before going to the state to suggest a strategy for pursuing the marsh. If it is
the information from Ecology that the City has not had time to review or digest properly yet, the City can
amend the letter, remove any representation about taking title to the Unocal property and initiate a less
formal discussion with the Governor or whoever on the Governor's staff will steer this discussion. She
feared the letter would send conflicting messages to different parts of state government.
Council President Tibbott said he was not in favor of the amendment or the letter. He found it inappropriate
to address the letter to the Governor as it circumvents the authority of WSDOT who is the authority on the
purchase agreement with Chevron and it disrespects the investment they would be making. The letter
addresses the why that everyone agrees with which he felt was appropriate, but moves to telling the state
how to do it without hearing from the state, the state hearing from the City, essentially dictating the answer.
The letter assumes to speak for the City of Edmonds by stating the City would gladly enter into an ILA
once the information is available. There are enough risks associated with the property that that would be an
over statement and assumes too much.
Council President Tibbott continued, he preferred a letter addressed to WSDOT which he believed was the
intent of the motion previously passed by the council to create some level of understanding about the
common ground and express the City's eagerness about working toward a mutually beneficial solution.
That type of letter would be effective and open the door for further discussion. In all his years of negotiating
contracts, he never talked with a potential client and said in the process of looking at all the risk, before I
enter into a contract with you, I want to talk to your parent first. That is the equivalent of going to the
Governor instead of negotiating with WSDOT who has the authority to work on this with the City.
Councilmember Paine did not support the letter, finding it provides a problematic set of dialogue, who is it
speaking to when the operating agency is WSDOT in the Purchase and Sale Agreement, and she did not
see that the Governor had a role in that. She was supportive of removing the problematic paragraph, but did
not support the letter. The letter does not address what the City is waiting for, more information about the
property provided via the MOU process where the City will have access to past data as well as new data
from Ecology this summer. This letter does not get any additional information, and it sends a rather
confusing message.
Councilmember Buckshnis began to speak and Councilmember Olson raised a point of order, asking
whether councilmembers were required to speak only on the amendment, noting the last two
councilmembers have not. Mayor Nelson offered to do better.
Councilmember Olson began to speak to the amendment, expressing her support for striking that paragraph.
Mayor Nelson advised the maker of the motion was speaking before her point of order. Councilmember
Olson clarified one of her points of order was that the person was speaking for a second time and she had
not spoken yet. Mayor Nelson did not recall imposing that restriction on the maker of a motion.
Councilmember Olson raised a point of parliamentary procedure from the City Clerk. City Clerk Scott
Passey advised typically a new speaker or the maker of the motion is called on again after everyone has had
a chance to speak.
Councilmember Olson said the why versus the how was the crux of offering this amendment. She suggested
the council talk about whether the letter should be changed in other ways after the council approves or
declines this amendment. Removing the statements about the outcome of the meeting gets back to the fact
that the City is also interested in an agreement with WSDOT. However the council decides to proceed with
the letter now or in the future, this is a good amendment and gets to the point that the council does not want
to be prescriptive about the outcome of the meeting. She expressed support for the amendment.
Edmonds City Council Approved Minutes
May 23, 2023
Page 12
Packet Pg. 176
9.4.b
Councilmember Teitzel observed some councilmember do not like the letter at all and prefer to just continue
with the MOU. He suggested if the council takes that approach, it completely eliminates the possibility of
the other option. The letter keeps that option open.
Councilmember Chen raised a point of order, stating council comments should be related to the amendment.
Councilmember Teitzel explained he was speaking to the amendment to strike the second to last paragraph
related to the state retaining ownership. If that paragraph is removed and the letter is subsequently
abandoned, that leaves only the path of purchase and completely negates the other option which he felt
should be explored further.
Councilmember Chen expressed support for the amendment. His first impression of the letter is it delivers
contradicting information; the City has been trying to acquire the property from WSDOT, but this paragraph
goes in a different direction.
Councilmember Buckshnis agreed with Councilmember Teitzel, some aspects need to be retained such as
that the Governor signed the budget providing the City "the right of first purchase." City representatives
have addressed the marsh with the Governor when talking about the connector in Washington DC in 2019
so he is very familiar with the marsh. The marsh is on the WRIA 8 priority list and Puget Sound Partnership,
all of whom are aware of the City's restoration efforts. She was unclear why the entire paragraph needed to
be removed; the marsh is a state priority and one of the Governor's priorities so she did not view it as
conflicting. The letter only asks for a meeting and a meeting is unlikely to occur until September/October.
She concluded she did not see any conflict with the MOU or with WSDOT and she did not think WSDOT
would get their feeling hurt as a result. She did not support the amendment.
Councilmember Nand commented this is putting the cart in front of horse. The council needs to properly
inform themselves about their bargaining position, vis-a-vis the environment impact if the City does or does
not takes title before making any representation to state government. She preferred tabling both the MOU
and the letter until after July when Ecology releases documentation and the City has an opportunity to digest
how that materially affects its bargaining position. The public is excited because the marsh is a huge priority
and a multidecade project that will affect Edmonds for generations. She questioned why the council needed
to rush forward with either the MOU or the letter instead of waiting until Ecology releases the
environmental documents and the City has an opportunity to properly digest how it affects its bargaining
position. This is a very momentous potential acquisition for the City and she wanted to ensure it was done
properly.
UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS CHEN, OLSON,
PAINE AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS
TEITZEL AND BUCKSHNIS VOTING NO.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER NAND, TO
TABLE THE LETTER UNTIL WE HAVE THE INFORMATION FROM ECOLOGY.
Mr. Passey advised a motion to table is not debatable.
UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (4-3), COUNCIL PRESIDENT
TIBBOTT AND COUNCILMEMBERS BUCKSHNIS, OLSON AND NAND VOTING YES;
COUNCILMEMBERS TEITZEL, CHEN AND PAINE VOTING NO.
Mayor Nelson declared a brief recess.
3. WSDOT/CITY OF EDMONDS MEMORANDUM OF UNDERSTANDING
Edmonds City Council Approved Minutes
May 23, 2023
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WASHINGTON STATE DEPARTMENT OF TRANSPORATION
AND
[a]IV9912ALP] ►viIQZDP
MEMORANDUM OF UNDERSTANDING
FORMER UNOCAL BULK FUEL TERMINAL - EDMONDS, WASHINGTON
This MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the
Washington State Department of Transportation (WSDOT) and the City of Edmonds,
Washington (City), collectively referred to as the "Parties"
1. PURPOSE. The purpose of this MOU is to set forth the Parties' general understanding
regarding the potential acquisition of that certain real property known as the Former Unocal
Property (the "Property"), by the City from WSDOT.
2. BACKGROUND.
2.1 WSDOT and Union Oil Company of California (Unocal) entered into a purchase
and sale agreement entitled Agreement for Sale of Real Property and Escrow Instructions, dated
January 27, 2005 (PSA). The PSA is attached hereto as Attachment 1. The PSA set forth the
terms and conditions under which WSDOT would purchase from Unocal certain real property
located in Edmonds, Washington, now known as the Former Unocal Property and previously
known as the Edmonds Lower Yard. The Former Unocal Property is located in the City of
Edmonds, Washington and is identified by the Snohomish County Auditor's Office as Tax Parcel
Number 262703-2-003-0009 and by WSDOT as Parcel #1-21510 (Former Unocal Property or
Property). Unocal's interest in the PSA transferred to the Chevron Corporation upon Chevron's
acquisition of Unocal.
2.2 At the time the PSA was entered into, WSDOT intended to acquire the Former
Unocal Property to construct a multimodal transportation center. The planned multimodal
transportation center project is no longer a viable project. Presently, WSDOT does not have an
identified need for the Property.
2.3 The PSA established a purchase price of $8,175,000, which WSDOT deposited
into an escrow account created pursuant to the PSA.
2.4 As a condition precedent to WSDOT acquiring the Former Unocal Property,
Chevron/Unocal is required to remediate the existing environmental contamination on the
Property in accordance with the remediation criteria set forth in the PSA.
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2.5 The PSA provides that title to the Former Unocal Property will transfer to WSDOT
after Chevron/Unocal obtains written confirmation from DOE that Chevron/Unocal had
satisfactorily performed the Capital Remediation Work, as that term is defined in the PSA, to
the extent that the Monitoring Work, as that term is defined in the PSA, may commence.' To
date, DOE has not issued a written confirmation that the Capital Remediation Work has been
satisfactorily performed. As such, Chevron/Unocal currently owns and is in possession of the
Former Unocal Property.
2.6 The PSA provides that after the Close of Escrow, as that term is defined in the
PSA, the terms and conditions of the PSA "will be binding upon and inure to the benefit of the
parties' respective successors and assigns." Additionally, the terms of the PSA are required to
be incorporated by reference into a deed or other legal instrument that divests WSDOT of its
interest in the Former Unocal Property and that the grantee of such deed shall "specifically
assume all of the obligations" of WSDOT under the PSA, including any and all monitoring
obligations. To the extent the final DOE Consent Decree and associated plans conflict with the
terms in the PSA, upon transfer of the Property grantee shall be responsible to resolve said
conflict(s).
2.7 WSDOT currently holds an easement across the Former Unocal Property to
operate, maintain, and repair a storm water line that services SR 104. Any future sale of the
Property by WSDOT will include a reservation of this easement.
2.8 The City has expressed an interest in acquiring the Former Unocal Property for
the city's intended use of the property to rehabilitate near -shore habitat for salmon and related
species.
2.9 Upon execution of this MOU, WSDOT and the City shall negotiate and execute an
Addendum to this MOU that authorizes the City's access to the information, opinions, and
recommendations (excluding risk analysis) that WSDOT has obtained from Landau Associates
about the Property and the Capital Remediation Work. WSDOT acknowledges that Landau's
work, once accessed and understood by the City, could cause the City to reevaluate its interest
in acquiring the Property on the terms contemplated herein.
3. WSDOT SALE OF THE FORMER UNOCAL PROPERTY TO THE CITY. WSDOT is statutorily
authorized to sell real property under its jurisdiction pursuant to the terms and conditions of
RCW 47.12.063. RCW 47.12.063(3) authorizes WSDOT to sell real property directly to a city at
1 Washington State Department of Ecology (DOE) and Chevron/Unocal are presently developing a Consent Decree,
including a Cleanup Action Plan, for the Former Unocal Property.
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fair market value. It is the intent of WSDOT to first offer the purchase of the Former Unocal
Property to the City as outlined in this MOU.
4. CONDITIONS PRECEDENT. The Parties understand that prior to any future sale of the
Former Unocal Property by WSDOT to the City the following must have occurred:
4.1 Close of PSA Escrow: All the conditions and instruction provided for in the PSA
must be satisfied and properly complied with, and the PSA Close of Escrow, as that term is
defined in the PSA, shall have occurred.
4.2 Recording and Title: The deed conveying title of the Former Unocal Property to
WSDOT has been recorded and title has transferred to WSDOT.
4.3 City's Confirmation of Interest: The City informs WSDOT that the City is still
interested in purchasing the Former Unocal Property at fair market value.
4.4 Property Declared Surplus: WSDOT has determined, in accordance with its
policies and procedures, the Former Unocal Property is no longer required for transportation
purposes and that it is in the public interest to dispose of the Property.
4.5 Purchase and Sale Agreement: The Parties have executed a Purchase and Sale
Agreement that details the terms and conditions by which the City may purchase the Former
Unocal Property. The Purchase and Sale agreement shall include, but not be limited to, the
following provisions:
4.5.1 Process for Appraisal and the Determination of Purchase Price.
4.5.2 Representations and Warranties.
4.5.3 Conditions Precedent to Conveyance
4.5.4 City Funding
4.5.5 Title Insurance
4.5.6 Permitted Exceptions to title
4.5.7 Disclosures
4.5.8 Environmental Matters
4.5.9 Conveyance of Property Interest
4.5.10 Buyer's Right of Entry
4.5.11 Risk of Loss
4.5.12 Indemnifications
4.6 Fulfillment of the Terms and Conditions of the Purchase and Sale Agreement
described in Section 4.5 above.
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4.7 Payment: The City pays WSDOT the agreed upon fair market value purchase
price for the Property.
4.8 Deed: Parties successfully negotiate a deed acceptable by both WSDOT and the
City.
S. OTHER PARTIES. The Parties recognize that certain entities, such as the Washington
Department of Ecology, may have legal, regulatory, financial, or other oversight obligations
with respect to purchase and sale of the Former Unocal Property that the Parties must
accommodate.
6. FUNCTION OF MOU.
6.1 NONBINDING: The Parties agree that nothing in this MOU creates any legal or
financial obligations for the parties in relation to the sale or purchase of the Former
Unocal Property.
6.2 AMENDMENT: The Parties understand and agree that this MOU may be
amended by agreement of both Parties.
6.3 TERMINATION: The Parties understand and agree that this MOU may be
terminated in full by either party by written notice to the other.
The undersigned hereto, having read this MEMORANDUM OF UNDERSTANDING, including all
attachments, do agree that it represents the understandings of their respective agencies with
regard to the potential sale of the Former Unocal Property from WSDOT to the City.
—DocuSigned by:
Patty Rubstello, Assistant Secretary, Washington State Ferries
6/14/2023
Date
DocuSigned by:
dot. LG Irk t SNA,
Michael Nelson, Mayor, City of Edmonds
6/12/2023
Date
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