Edmonds public works outlines draft right‑of‑way code updates and franchise renegotiation plan

Public Works staff and outside counsel told the council on April 8 that the city’s current mix of decades‑old franchise agreements and limited code authority creates uncertainty when multiple utilities and other users occupy the same, finite right of way.

Interim Public Works and Utilities Director Phil Williams, City Engineer Rob English and attorneys from Lighthouse Law Group (Jeanne McConnell and Angela Tinker) outlined problems they said the proposed code updates would address: unclear placement standards that cause hazards or block ADA access; unfinished or abandoned work (for example old poles left in a sidewalk); lengthy franchise negotiations; slow franchise compliance and removal of redundant infrastructure; and the high cost and complexity of undergrounding projects.

Tinker said the code updates would clarify permit and enforcement authority in the city code, provide procedures for franchises and relocation, and allow the city to better recoup administrative costs where allowed by law. She said the city already collects franchise fees in the areas federal and state law permit (for example cable franchises), and that updates would make negotiating renewals and recouping costs more consistent.

Williams and English gave staff examples of chronic problems: poles that remain next to new poles for years, infrastructure installed in or too near ADA ramps and narrow sidewalks, and projects stalled while utilities sort out relocation responsibilities. Williams said some franchise agreements are very old — for example the original PUD franchise dated to 1917 and expired decades ago — and that lack of a modern code means staff must negotiate many issues on a case‑by‑case basis.

Councilmembers asked about revenue potential and timing. Tinker said franchise fees are constrained by federal and state law but that negotiated renewals can recover administrative costs and in some cases increase revenues; she said cable companies are already remitting required franchise fees and that wireless franchise terms are currently five years by code. Rob English said staff expected to bring an initial draft code back to council in roughly six weeks and that the city would solicit utility review before public hearing.

The presentation listed enforcement tools staff expect to propose, including stronger permit conditions, clearer relocation timing, and penalties or fines for noncompliance that would reduce staff time spent resolving longstanding problems.

Ending: Staff said next steps would include draft code language, review by utilities, a public hearing and eventual council consideration. Councilmembers generally expressed support for the direction and emphasized enforcement and practical remedies to remove long‑standing obstacles in the right of way.