LUTC PKT 08-16-2004
MEETING AGENDA
1.
2.
CALL TO ORDER
3.
APPROVAL OF MINUTES: June 21, 2004
PUBUC COMMENT (3 minutes)
4.
BUSINESS ITEMS
A.
B.
C.
D.
E.
F.
2004 Asphalt Overlay - Project Acceptance
Revised Sound Transit TOO Agreement
School Impact Fee Schedule Update
City Center Access Study Briefing
King County Transportation Funding Proposal
Local Adoption of State Building Code
Action Salloum/5 min
Action Moseley/10 min
Information Wang/tO min
Action Zukowski/45 min
Action Roe/20 min
Information Martin/10 min
5.
FUTURE MEETINGS/AGENDA ITEMS
ADJOURN
6.
Committee Members
Jad< Dovey, Chair
Eric Faison
Michael Park
City Staff
Kathy McClung, Director, Community Development 5ervices
E Tina Piety, Administrative Assistant
253-661-4105
G:ILUTCILUTC Agendas and Summaries 2oo4\August 16,2004, LUTC Agenda.doc
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MEETING MINUTES
In attendance: Committee Members Jack Dovey, Chair, Eric Faison and Michael Park; Deputy Mayor Linda Kachmar, Public
Works Director Cary Roe; Deputy City Attorney Karen Kirkpatrick; Public Works Deputy Director Ken Miller, Community
Development Services Deputy Director Greg Fewins; Surface Water Manager Paul Bucich; Surface Water Engineer Jeff Wolf,
and Administrative Assistant Krystal Kelsey.
1. CALL TO ORDER .
Chair Dovey called the meeting to order at 5:33 pm.
2. APPROVAL OF MINUTES
The summary minutes of the May 24, 2004, meeting was approved as presented.
3. PUBUC COMMENT
None.
4. BUSINESS ITEMS
A. Grant Funding Application for Transportation Improvement Projects (South 3411" Street at SR 161
Intersection Improvements) - Mr. Salloum presented the staff report to the Committee. Couneilmember Faison
requested additional information about the scope of the project. Mr. Salloum explained that the project would add an
additional left turn from South 348th to SR 161 (Enchanted Parkway), a right turn lane from SR 161 (Enchanted Parkway)
to SR 18, and a dedicated right turn lane from South 348th to SR 161 (Enchanted Parkway). Mr. Salloum further
explained that the amount currently unfunded is $500,000 to $950,000 and will be reflected in the 2005/2006 budget.
The project is likely to receive a high score for funding; however, funding is very limited at this time. The application
deadline is in August with a possible decision in December.
Couneilmember Faison inquired about grant funding for S 317th & 21st Avenue South City Center grid streets. Mr. Roe
stated that staff would evaluate these potential projects for future grant suitability. However, it is necessary to match the
grant criteria with the project. Mr. Roe stated that staff annually conducts an intensive self-scoring process on all
projects considered for grant funding.
The Committee mlslc to place the staff recommendation on the July 6, 2004 City Council Consent Agenda.
B. 2005 Street Sweeping Service - Authorization to Bid - Mr. Salloum presented the staff report to the
Committee. Mr. Roe addressed the Committee and explained that because of potential cuts to the 2005/2006 budget,
staff will structure the bid with schedules to be awarded as funding allows. Chair Dovey inquired about the rationale of
sending a project out to bid with a possible increase in service costs. Mr. Salloum explained that several reasons prompt
sending the project out to bid, including the City's policy of bidding on work at least every three years, and to also allow
for awarding the contract in schedules. Depending on the 2005/2006 budget, the contract's proposed scope of work may
be awarded in full or in part.
The Committee mlslc to place the staff recommendation on the July 6, 2004 City Couneil Consent Agenda.
C. 2005 Landscape Maintenance Service - Authorization to Bid - Mr. Salloum presented the staff report to the
Committee.
The Committee mlslc to place the staff recommendation on the July 6, 2004 City Couneil Consent Agenda.
D. RFB 04-112 Sewer Extension Bellacarino Woods - Bid Award -- Mr. Bucich presented the staff report to the
Committee.
The Committee m/s/c to place the staff recommendation on the July 6, 2004 City Council Consent Agenda.
E. Proposed Modification to Cottages at Hoyt Road Preliminary Plat:
Mrs. Robert Stiers spoke in opposition to the project, and read aloud a letter originally submitted
to the City in June 2001. Ms. Stiers asked that her letters become a part of the project file. In
summa~ the Stiers' primary concerns are water run-off and flooding on their property.
Chris Austin, Trinity Land Development, spoke in favor of the project. Mr. Austin referenced a
benefit with the buffer, less truck traffic, and improved land use.
Robert laBounty spoke in opposition, noting grading activities, tree loss, property impacts to
neighbors and the extreme sloping of the property.
Mr. Fewins presented the staff report to the Cort1mittee. The Committee inquired about the residents' concerns of
flooding, etc. Mr. Faison answered that the plan is in compliance and has an improved runoff and vegetation plan.
To the east of property, the native grown protection area of 80 - 50 feet is a "no touch" area. Mr. Miller addressed
the Committee concerning the flooding and noted that no problems were identified all the way to the golf course
ponds. However, Mr. Miller said that staff would go over the TIR again to make sure nothing was overlooked.
Furthermore, Mr. Miller will speak directly to the Stiers to learn more about the problems they are experiencing. This
project has been designed in accordance with standards; in theory storm water will be detained by the pond and
tightline. Again, staff will look closely at the Stiers property. If flooding occurs after the project is complete, the
property owners will be protected by the two-year maintenance period. Also, the engineer who designs the project is
personally liable for seven years.
Chair Dovey inquired about protection of the open area. Mr. Fewins answered that the tract language will establish
whether the land will be held privately or publicly; any change to that status would require Council action.
The Committee m/s/c to place the staff recommendation on the July 6, 2004 City Council Consent Agenda.
5. FUTURE MEETING
The next scheduled meeting is July 19, 2004.
6. ADJOURN
The meeting adjourned at 6:23 p.m.
G:ILUTCILUTC Agendas and Summaries 2004\June 21, 2004, LUTC Minutes,doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
August 16, 2004
TO:
Land Use/Transportation Committee
FROM:
t anager
'~\L
k, Deputy City Attome)Ji
VIA:
SUBJECT:
Revised Sound Transit TOD Agreement
In March 2004 the City Council directed staffto negotiate revisions to the Transit
Oriented Development (TOD) Agreement that had previously been presented to Council. The
Council identified seven areas in which they desired revisions. The requested revisions and the
negotiated response from Sound Transit are summarized below, and a revised TOD Agreement is
attached for Council action.
A. Council Requested Modifications to TOD Agreement
1. Sound Transit shall make available public (non-transit) parking within the proposed
parking garage at no cost to any party.
Original TOO: There is no provision for non-transit use of the garage facility.
Revised TOO: Sound Transit makes parking available within the parking garage
through market value leases to local businesses and/or to the City for a limited lease
period. Once the lease period is established, Sound Transit may tenninate the lease
with 90 days notice. Leases must be approved by the Federal Transit Administration.
2. Sound Transit shall perfonn the following:
a. Design, construct and implement retail or other TOD uses concurrent with the
occupancy ofthe parking structure or within a mutually agreed timeframe
(west TOD).
Original TOD: Sound Transit has 18 months from Certificate of Occupancy
(CO) to secure a developer and the developer has 5 years to construct the TOD
development. If either time line is not met, the west TOD property will be
conveyed to the City at no cost to the City.
Revised TOD: No change to the Current TOD agreement.
b. Develop the approximate one-acre east of the parking structure with a
Multi-story development. If Sound Transit does not implement a TOD use on
Revised Sound Transit TOD Agreement
LUTC Staff Report
August 16, 2004
Page 1 of 4
said property within a mutually agreed upon time frame, it will transfer.the ,
property to the City at no cost. If it is not possible for the City to develop the
east property within a reasonable time frame after the transfer of the property,
the City at its discretion could develop a pedestrian plaza.
Original TOD: Sound Transit has 18 months trom CO to secure a developer
for the east TOD and the developer has 5 years to construct the TOD
development. If either timeline is not met the City has the option to purchase
the east TOD property at Sound Transit's original purchase price.
Revised TOD: The same time trames apply. If either timeline is not met
Sound Transit will convey the property to the City at no cost for a period of 7
years for the purpose of securing a developer for a TOO development. If, after
the seven-year period, a developer has not been identified, the City, at its
option, may convey the property back to Sound Transit or the City may
purchase the property at fair market value. If the City desires to use the
Property for non- TOD use during the 7 year period, it may purchase the
property at fair market value.
3. Sound Transit shall complete 21st Avenue South grid road trom South 316th to South
320th to assist in visibility and viability of onsite TOD as well as City Center economic
development.
Original TOD: There is no provision for the 21 st A venue South grid road.
Revised TOD: Sound Transit will contribute a capped, lump sum payment of$l
million towards the completion of 21 st Ave. South street improvement project. Sound
Transit's contribution relieves Sound Transit and the TOD developer of any further
investment in 21 st Ave. South, including any future traffic signalization.
4. Sound Transit shall construct South 31 ih grid road trom 21 st to 20th A venues South to
assist in visibility and viability of onsite TOD as well as City Center economic
development.
Original TOD: There is no provision for South 317th grid road.
Revised TOD: There is no provision for South 31 ih grid road.
5. Sound Transit shall participate in a pedestrian bridge component with properties to the
north and/or south to provide pedestrian connectivity to transit and other City Center
uses.
Original TOD: There is no provision for a pedestrian bridge from the transit center.
Revised TOD: Sound Transit agrees to work with the City and/or private property
interest in exploring the concept of a pedestrian bridge to the parking garage under
certain conditions.
6. Sound Transit shall dedicate experienced staff resources to this TOD project. Staff
with expertise in transit development, leasing, and other property management skills
will assist in the success of this project.
Original TOD: There is no provision for Sound Transit to dedicate staffto this TOO
project.
Revised TOD: Sound Transit agrees to make available experienced staff resources to
the project.
7. Sound Transit should provide a night management security plan.
Original TOO: There is no provision for Sound Transit to provide a night
management security plan.
Revised TOD: Sound Transit agrees to provide a night management security plan for
the transit center.
B. Other Modifications
I. The City will provide the remaining budget and funding for the design, environmental
review, permitting, ROW acquisition (if necessary), construction and construction
management of 21 st Avenue South improvement project.
2. The City agrees to waive any further development fees related 21 5t Ave.
3. The City agrees to waive standard City permit fees for the TOD projects.
4. The City may reduce the parking requirement on the TOD projects in recognition that
many will be using the transit center or ST will dedicate parking in the garage for
TOD use.
5. The City agrees to temporary, rather than pennanent, irrigation for the TOD
properties.
6. The City agrees to assist with the groundbreaking and ribbon-cutting activities for the
transit center and 31 th HOY access projects.
7. The City agrees that if the TOO project is consistent with the City's Planned Action
SEP A that the developer will not be required to go through further SEP A review.
8. The City agrees to convert the current right-of-way use permit along S. 316th to an
easement for as long as the property is used as a Transit Center.
9. lfthe East TOD Property is conveyed to the City, the City will provide an easement
for access between the East TOD Property and the Transit Center.
OJNNJ.lfft ~ Cl:rtmi1tU Mtt 6VL '
Staff requests that the ommittee fo ard the proposed revised TOD Agreement to full
City Council for placement on e Augu 24, 2004 City Council agenda, with a recommendation
for approval and authorization ~ the ity Manager to execute the Agreement.
Committee Chair
Committee Me
APPROVAL BY COM
K:\SoLlnd Transit\TOD Agreement 2004\LUTC Staff Report 08.16.04
Committee Recommendation:
I move the proposed revised TaD Agreement to full City Council for placement
on the August 24, 2004 City Council agenda, with a recommendation for approval and
authorization for the City Manager to execute the Agreement as amended by the
Committee to delete "north end of the" on page 5, line l.
APPROVAL BY
COMMITTEE: .
AGREEMENT BETWEEN
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND
THE CITY OF FEDERAL WAY
FOR
FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT
THE FEDERAL WAY TRANSIT CENTER
THIS AGREEMENT is made and entered into this day of , 2004
by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
("Sound Transit") and the CITY OF FEDERAL WAY ("City"), a municipal corporation,
(hereinafter collectively, the "Parties"), regarding the development of a transit center
project ("Project").
RECIT ALS
WHEREAS, Sound Transit is a duly organized regional transit authority existing under
Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high
capacity transportation system and has the power to contract pursuant to RCW 39.33.050;
and
WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and
has all powers necessary to supply municipal services commonly or conveniently
rendered by cities and towns; and
WHEREAS, the Parties have authority under RCW 39.34 to enter into an interlocal
agreement to jointly and cooperatively exercise their powers and under RCW 39.33 to
dispose of real property; and
WHEREAS, central Puget Sound area voters approved local funding for Sound Move,
Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter
rail, and regional express buslhigh occupancy vehicle systems that will be integrated with
local transit systems; and
WHEREAS, on November 26, 2002, Sound Transit submitted a master land use
application for development of the Federal Way Transit Center, an Essential Public
Facility/Class 1, which includes a transit platfonn with up to 14 bus bays and bus layover
areas, a parking garage for up to 1,200 stalls on up to five levels, a pedestrian bridge
between the transit platfonn and parking garage, passenger amenities, roadway
Agreement Between Sound Transit and Federal Way Page I
For Future TaD at Federal Way Transit Center
improvements, landscaping and public art, application number 02-105-346, hereafter the
"Project"; and
WHEREAS, the Project is located in the City on approximately seven acres of property at
the southwest comer of South 316th Street and 23rd Avenue South and legally described
in Exhibit "A", attached and incorporated herein; and
WHEREAS, on December 23, 2002, the City deemed the Project application complete
pursuant to Federal Way City Code ("FWCC" or "City Code") 22-434; and
WHEREAS, on September 26, 2001, a NEP A Environmental Assessment ("EA") was
issued for the Project and Sound Transit, as the lead agency, adopted the EA and issued a
Determination of Nonsignificance ("DNS") on March 6, 2002, and this determination
was subsequently upheld on appeal by the King County Superior Court on March 17,
2003; and
WHEREAS, the City approved the Project in a final decision issued by the Federal Way
City Council on November 18, 2003 as indicated in Resolution No. 03-404; and
WHEREAS, pursuant to FWCC 22-1, the Project is classified as an Essential Public
Facility/Class I (regional transportation facility/transit center) and is, therefore, subject to
the review criteria described in FWCC 22-946.1 (b) and is not subject to the specific
regulations described in the underlying City Center-Core zone; and
WHEREAS, Sound Transit and the City executed an agreement on July 9, 2001 as filed
with the City under AG 01-99, whereby Sound Transit agreed, in part, to voluntarily
design the Project to provide an opportunity for transit oriented development ("TOO")
consistent with applicable policies and regulations of Sound Transit, the Federal Transit
Administration, and the City; and
WHEREAS, the Sound Transit Board of Directors has adopted TOD policies with
Motions No. 98-25 and M99-60, encouraging the development of transit supportive
development at transit hubs; and
WHEREAS, consistent with its voluntary commitment to provide future TOD
development opportunities, Sound Transit identified "potential future transit oriented
development" areas on the Project site plan; and
WHEREAS, the Parties recognize that the 2151 Avenue South Street hnprovement Project
and certain other -development incentives would contribute to the likely success of TOD
development adjacent to the Project; and
WHEREAS, the Parties desire to clarify their respective commitments for future TOO
adjacent to the Project site by this Agreement and acknowledge that any future TaD that
may occur adjacent to the Project site will be evaluated separately from the Project
Agreement Between Sound Transit and Federal Way Page 2
For Future TOD at Federal Way Transit Center
application process for appropriate pennits and environmental review under the State
Environmental Policy Act and is not a part ofthe current review process for the Project.
NOW THEREFORE, in consideration of mutual promises and covenants herein
contained in this Agreement, Sound Transit and the City agree as follows:
AGREEMENT
1.0
DEFINITIONS
1.1
East TOD Property: That area as depicted on Exhibit "B" consisting of
approximately 30,834 square feet and intended for future TOD uses.
1.2
West TOD Property: That area as depicted on Exhibit "B" consisting of
approximately 20,669 square feet and intended for future TOD uses.
1.3
TOD Properties: Refers to the East and West TOD Property collectively.
Transit Oriented Development ("TOD"): In the context of this Agreement, the
tenn TOD represents development consistent with Exhibit "C" attached hereto
and incorporated herein by this reference.
1.4
2.0
2.1
RESPO NSIBILITIES
Sound Transit Responsibilities
A.
Sound Transit shall design and construct the Project consistent with the
final plans and approvals issued by the City to allow development of
future TOD opportunities on the TOD Properties and pursuant to
applicable City Code requirements.
B.
Sound Transit shall exert its best efforts, in consultation with the City, to
obtain a qualified developer(s) who will develop the TOD Properties
within five (5) years of occupancy of the Project, consistent with Sound
Transit's adopted policies for TOD development. In the event that Sound
Transit detennines, in its sole judgement, that a qualified TOD developer
cannot be obtained through these good faith efforts, Sound Transit shall
prepare and issue a Request For Proposals ("RFP"), at its sole expense ,md
in consultation with the City, for development of the TOD Properties
consistent with all applicable federal, state and local policies and
regulations and at least twelve (12) months prior to the anticipated
occupancy of the Project.
Sound Transit shall, within eighteen months of issuance of the Certificate
of Occupancy for the Project, (1) secure a commitment from a qualified
Agreement Between Sound Transit and Federal Way Page 3
For Future TaD at Federal Way Transit Center
c.
D.
developer, who wíll agree to develop the TaD Properties within five (5)
years of occupancy of the Project; or (2) convey the TaD Properties
pursuant to Section 2.2 of this Agreement. If requested by Sound Transit,
the City shall serve as lead agency for purposes of managing the RFP
process.
In conjunction with construction of the Project, Sound Transit shall design
and construct utilities and pedestrian connections within the Project
property in such a manner so as to allow future utility and pedestrian
connections to the TaD Properties consistent with the final plans as
approved by the City.
E.
In conjunction with the construction of the Project, Sound Transit shall
prepare and submit a landscape plan for the TaD Properties consistent
with Project Landscape Standards attached as Exhibit "D". The City
shall review and approve the landscape plan expeditiously and Sound
Transit shall implement the approved landscape plan pursuant to City
Code as provided in the final approval issued by the City by installing the
approved landscaping and improvements within 45 days of City approval,
or some other timeframe as mutually agreed between the Parties.
F.
Sound Transit shall contribute a lump sum payment of One Million
Dollars ($1,000,000) to the 21 st Avenue South Street Improvement Project
(21S1 Ave. Project). Sound Transit's contribution shall be paid to the City
immediately upon fulfillment of the following conditions by the City; (a)
completion of SEP A review, (b) acquisition or control of all property
required for the 21 sl Ave Project, and ( c) all required pennits have issued
for the 21 sl Ave. Project. Sound Transit shall complete timely review of
all 21 sl Ave. Project SEP A documentation. Sound Transit's contribution
shall relieve Sound Transit and the TaD Properties of any further
investment in 21 st Avenue South, including any future traffic signalization
or fees.
G.
If in its sole discretion Sound Transit detennines that certain parking stalls
in the parking garage are not necessary for successful operation of the
Project, Sound Transit shall make parking in the Project parking garage
available to local businesses and the City through market value leases for
limited lease periods. In such an event, Sound Transit may reserve the
right to tenninate the lease(s) upon not less than 90 days written notice to
the Lessee(s). The parties acknowledge that any lease for parking in the
Project parking garage is subject to approval by the Federal Transit
Administration.
Sound Transit agrees to cooperate with the City and/or private property
owner/developer to facilitate the development of a pedestrian bridge to the
Agreement Between Sound Transit and Federal Way Page 4
For Future TaD at Federal Way Transit Center
H.
north-end of the Project parking garage. Sound Transit shall grant access
easements to the Project if such a pedestrian bridge proposal is viable and
will be fully fun~ed either by the City or by a third party who agrees to
fully fund all costs associated with such a pedestrian bridge including
design, pennitting, construction and maintenance. In the event that the
number of parking stalls within the Project garage would be reduced to
accommodate the pedestrian bridge proposal, Sound Transit shall be
entitled to compensation for such a loss in parking. Sound Transit reserves
the right to review and reject or approve any particular proposaL Sound
Transit's approval shall not be unreasonably withheld or delayed.
1.
Sound Transit shall provide experienced staff to work with the City in the
development of the TOD.
J.
Sound Transit shall provide a night management security plan to the City
for the Project.
2.2
Conveyance of TOD Properties
A.
West TaD property
In the event that Sound Transit is not able to secure a commitment from a
qualified developer within eighteen (18) months of issuance of the
Certificate of Occupancy for the Project, who will agree to develop the
West TaD Property within five (5) years of occupancy of the Project, on
tenus and conditions acceptable to Sound Transit in its sole judgment, or
the developer does not commence construction of the TaD on the West
TOD Property within five (5) years of occupancy of the Project, Sound
Transit shall convey the West TOD Property to the City consistent with all
applicable federal, state, and local policies and regulations for such
conveyances, the tenus of this Agreement, and for valuable consideration
in the fonn of the City's assurance that any future development of the
West TaD Property will be consistent with the definition of TOD in this
Agreement. Sound Transit shall retain pennanent utility, access, and
signage easements over across and through the West TaD Property as
necessary for Sound Transit's continued use and enjoyment of the Project
property.
B.
East TaD Property
In the event that Sound Transit detennines within eighteen (18) months of
issuance of the Certificate of Occupancy for the Project that it is not able
to secure a commitment ITom a qualified developer, who will agree to
develop the East TOD Property within five (5) years of occupancy of the
Project on tenus and conditions acceptable to Sound Transit in its sole
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 5
judgment, or the developer does not commence construction of the TOD
on the East TOD Property within five (5) years of occupancy of the
Project, Sound Transit shall convey the East TOD Property to the City
consistent with all applicable federal, state, and local policies and
regulations for such conveyances, the tenus of this Agreement, and for
valuable consideration in the form of the City's assurance that any future
development of the East TOD Property will be consistent with the
definition ofTOD in this Agreement. The City shall have seven (7) years
from the time of the conveyance to develop a TOD project on the East
TOD Property. The City agrees to consult with Sound Transit's Chief
Executive Officer, or designee, when reviewing proposed projects and no
City-led project shall proceed unless he or she concurs with the City that
the proposed project is consistent with the definition of TOD in this
Agreement which concurrence shall not be unreasonably withheld or
delayed. If the City is unable to develop a TOD project that Sound Transit
agrees is consistent with the definition of TOD in this Agreement within
seven (7) years of the conveyance to the City, the City shall either (1)
retain ownership of the East TOD Property and pay Sound Transit the full
market value of the property as determined by a mutually selected
certified appraiser, less the value of permanent utility, access, and signage
easements over, across and through the East TOD Property necessary for
Sound Transit's continued use and enjoyment of the Project property as
mutually determined by the Parties, or (2) transfer the East TOD Property
back to Sound Transit at no cost to Sound Transit. In the event the City
desires to develop the East TOD Property in a manner that is not
consistent with the definition of TOD in this Agreement within seven (7)
years of conveyance to the City, the City shall pay Sound Transit the full
market value of the property as determined by a mutually selected
certified appraiser, less the value of permanent utility, access, and signage
easements over, across and through the East TOD Property necessary for
Sound Transit's continued use and enjoyment of the Project property as
mutually determined by the Parties.
c.
The Parties agree that any development that is allowed to occur on the
TOD Properties shall be consistent with the definition of TOD as
described in Exhibit "C" to this Agreement and will assure that any
conveyances shall be made subject to this requirement. The Parties further
agree that if a proposed TOD project is consistent with the City's Planned
Action SEP A, no additional SEP A review shall be required for the TOD
project.
D.
Notwithstanding any other section of this Agreement, the Parties agree
that Sound Transit shall not be required to convey the TOD Properties to
the City until eighteen (18) months after the Certificate of Occupancy has
been issued by the City for the Project.
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 6
2.3
City Responsibilities
A.
The City shall be responsible for the design, management and construction
of the 21 sl Ave. Project. The City shall act as the lead agency for SEP A
review. The City shall be responsible for property acquisition and
pennitting. Sound Transit's contribution of One Million Dollars to the
21 Sl Ave. Project shall relieve Sound Transit and/or the TOD developer of
any further investment in 21 sl A venue South, including any future traffic
signalization or fees. The City agrees to coordinate with Sound Transit on
the design of 21 sl Ave. Project and provide Sound Transit an opportunity
to review and approve the design to ensure that the 21 sl Ave. Project does
not interfere with the smooth operation of the Project. During
construction, the City shall use its best efforts to reduce construction
activity during peak commute hours and provide traffic control designed
to minimize the impact on transit operations.
B.
In recognition of Sound Transit's One Million Dollar contribution to the
21 sl Ave. Project, the City shall not require payment of the City's standard
pennit fees for development of the TOD properties. This shall not include
non-City or non-standard pennit fees (i.e. fire district, school district,
variance or expedited review fees). The City shall consider the number of
people accessing the TOD via transit when detennining the parking
requirements for the TOD projects. Parking requirements for the TOD
projects may be reduced, in recognition of those using the Project parking
garage, or waived if Sound Transit dedicates sufficient parking in the
Project parking garage to the TOD projects.
c.
The City shall assist Sound Transit in the planning and implementation of
the ground-breaking and ribbon-cutting activities for the Federal Way
HaV Access/S. 31 th and Federal Way Transit Center Projects.
D.
In the event that Sound Transit conveys either of the TOD Properties to
the City pursuant to Section 2.2, the City agrees to provide an easement in
substantially the fonn attached as Exhibit "E" for unimpeded access
between the TaD properties and the Transit Center to preserve the
physical and functional relationship between the properties.
E.
Immediately upon execution of this Agreement, the City shall convey to
Sound Transit a pedestrian amenities easement substantially in the [onn
attached and incorporated herein as Exhibit "F".
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 7
2.4
Additional Agreements
The Parties agree to make every reasonable effort to cooperate in good faith with each
other to negotiate and execute such additional agreements as may be necessary to
complete the TaD Property conveyances described in this Agreement.
3.0
LEGAL RELATIONS
The City and Sound Transit shall comply, and to the best of their respective abilities shall
ensure, that their respective employees, agents, consultants and representatives comply
with all federal, state and local laws, regulations and ordinances applicable to the work
and services to be perfonned by each party under this Agreement.
In perfonning work and services hereunder, the City and its employees, agents,
consultants and representatives shall be acting on behalf of the City and shall not be
deemed or construed to be employees or agents of Sound Transit in any manner
whatsoever. Likewise, in perfonning work and services hereunder, Sound Transit and its
employees, agents, consultants and representatives shall be acting on behalf of Sound
Transit and shall not be deemed or construed to be employees or agents of the City in any
manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim
to bean officer or employee of the other by reason hereof and will not make any claim,
demand, or application to or for any right or. privilege applicable to an officer or
employee of the other. The City shall be solely responsible for any claims for wages or
compensation by City employees, agents, and representatives, including consultants, and
save and hold Sound Transit hannless therefrom; Sound Transit shall be solely
responsible for any claims for wages or compensation by Sound Transit employees,
agents, and representatives, including consultants, and save and hold the City harmless
therefrom.
To the maximum extent pennitted by law, the City agrees to indemnify and hold
hannless Sound Transit and its officers, officials, employees and/or agents, from and
against any and all suits, claims, actions, losses, costs, penalties and damages of
whatsoever kind or nature to the extent arising out of, in connection with, or incident to
any work or services required or contemplated to be perfonned by the City under this
Agreement, and for any failure to satisfy the City's contractual obligations under this
Agreement, except to the extent caused by the negligence of Sound Transit. The City
further agrees to assume the defense of Sound Transit and its officers, officials, and
employees, with legal counsel acceptable to Sound Transit, which acceptance shall not be
unreasonably withheld, in all legal or claim proceedings arising out of, in connection
with, or incident to such work or services, and the City shall pay all defense expenses,
including attorneys' fees, expert fees, and expenses and costs (collectively "defense
costs") incurred directly or indirectly on account of such litigation or claims, and the City
shall satisfy any judgment rendered in connection therewith. The City may settle any
suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound
Agreement Between Sound Transit and Federal Way Page 8
For Future TOD at Federal Way Transit Center
Transit, which approval shall not be unreasonably withheld, if such settlement completely
and forever extinguishes any and all liability of Sound Transit. In the event of litigation
between the Parties to enforce the rights under this Section, reasonable attorney fees shall
be allowed to the prevailing party.
THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT
IS NOT LIMITED TO, ALL. CLAIMS AGAINST SOUND TRANSIT BY AN
EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT,
AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY
EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY
UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW,
OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR
OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD
OTHER WISE BE APPLICABLE IN THE CASE OF SUCH CLAIM.
To the maximum extent permitted by law, Sound Transit agrees to indemnify and hold
harmless the City and its officers, officials, employees and/or agents, from and against
any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind
or nature to the extent arising out of, in connection with, or incident to any work or
services required or contemplated to be performed by Sound Transit under this
Agreement, and for any failure to satisfy Sound Transit's contractual obligations with
respect to the Project and/or under this Agreement, except to the extent caused by the
negligence of the City. Sound Transit further agrees to assume the defense of the City
and its officers, officials, and employees, with legal counsel acceptable to the City, which
acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising
out of, in connection with, or incident to such work or services, and Sound Transit shall
pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs
(collectively "defense costs") incurred directly or indirectly on account of such litigation
or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith.
Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject
to the approval of the City, which approval shall not be unreasonably withheld, if such
settlement completely and forever extinguishes any and all liability of the City. In the
event of litigation between the Parties to enforce the rights under this Section, reasonable
attorney fees shall be allowed to the prevailing party.
SOUND TRANSIT'S INDEMNIFICATION OBLIGA TION HEREIN SHALL
INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN
EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS
CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT,
SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON
LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51
RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT,
OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD
OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM.
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 9
4.0
DISPUTE RESOLUTION
Sound Transit and the City will work collaboratively to resolve disagreements
arising trom activities perfonned under this Agreement. Disagreements will be
resolved promptly and at the lowest level of hierarchy. The services of a mediator
may be used to assist with resolution. The following is a guide intended to
resolve the maximum number of issues at the lowest organizational leveL
4.1
A.
The Designated Representatives, as identified in this Agreement, shall
communicate regularly to discuss the status of the task to be perfonned
and to resolve any issues or disputes related to the successful perfonnance
of this Agreement. The Designated Representatives will cooperate in
providing staff support to facilitate the perfonnance of this Agreement and
the resolution of any issues or disputes arising during the tenn of this
Agreement.
B.
Each Designated Representative shall notify the others in writing of any
problem or dispute that the Designated Representative believes should be
resolved. The Designated Representatives shall meet within five (5)
business days of receiving the written notice in an attempt to resolve the
dispute.
C.
In the event the Designated Representatives cannot resolve the dispute, the
Sound Transit Director of Regional Express or his/her designee and the
City's Director of Community Development Services or his/her designee
shall meet and engage in good faith negotiations to resolve the dispute.
D.
In the event the Directors cannot resolve the dispute, the Sound Transit
Executive Director or designee and the City Manager or designee shall
meet and engage in good faith negotiations to resolve the dispute.
The Parties agree that they shall have no right to seek relief under this Agreement in a
court of law until and unless each of these procedural steps is exhausted.
5.0
5.1
MISCELLANEOUS PROVISION
Termination
Unless extended by mutual written agreement, this Agreement shall tenninate upon
satisfactory completion of all the responsibilities described in this Agreement, or upon
conveyance of the TOD Properties as described in this Agreement, whichever shall occur
last.
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 10
5.2
Notice
All notices or requests required or pennitted under this Agreement shall be in writing,
shall be personally delivered or sent by certified mail, return receipt requested, postage
prepaid, or by facsimile transmission and shall be deemed given three (3) days following
the date when mailed or on the date when delivered or faxed (provided the fax machine
has issued a printed confirmation of receipt). All notices or requests shall be sent to the
City and Sound Transit's Designated Representatives addressed as follows:
To the City:
City of Federal Way
Attn: Kathy McClung, Director of
Community Development Services
33325 - 8th Avenue South
P.O. Box 9718
Federal Way, W A 98063-9718
(253) 835-2610
(253) 661-4129
Address:
Phone:
Fax:
With a Copy to:
City of Federal Way
Attn: Pat Richardson, City Attorney
33325 - 8th Avenue South
P.O. Box 9718
Federal Way, WA 98063-9718
(253) 835-2570
(253) 835-2569
Address:
Phone:
Fax:
To Sound Transit:
Sound Transit
Attn: Dan Eder, Project Manager
401 S. Jackson Street
Seattle, W A 98104-2826
(206) 398-5024
(206) 398-5215
Address:
Phone:
Fax:
Each Party shall notify the other, in writing, of a change in the Party's respective
Designated Representative.
5.3
Assignment
Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this
Agreement or transfer any interest in the same, whether by assignment or novation,
without prior written consent of the other; provided, however, that claims for money due
or to become due to the City from Sound Transit under this Agreement may be assigned
to a bank, trust company, or other financial institution without such approval. Notice of
Agreement Between Sound Transit and Federal Way Page 11
For Future TaD at Federal Way Transit Center
any such assignment of claims for money due or to become due to the City shall be
furnished promptly to Sound Transit.
5.4
Recording
This Agreement shall be recorded with the Real Property Records Division of the King
County Records and Elections Department and shall be binding and inure to the benefit of
the parties and their successors in interest.
5.5
Governing Law
This Agreement and all provisions hereof shall be interpreted in accordance with the laws
ofthe State of Washington.
5.6
Severability
If any of the tenus or provisions of this Agreement are detenuined to be invalid, such
invalid tenD or provision shall not affect or impair the remainder of this Agreement, but
such remainder shall continue in full force and effect to the same extent as though the
invalid tenD or provision were not contained herein.
5.7
Warranty of Right to Enter into Agreement
The City and Sound Transit each warrant that it has the right to enter into this Agreement
and that the person signing this Agreement has authority to bind such person's respective
entity.
5.8
Exhibits
All exhibits referenced in and attached to this Agreement are incorporated herein, except
to the extent otherwise provided herein.
5.9
Entire Agreement
This Agreement represents the entire agreement of the Parties with respect to all matters
referenced herein.
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 12
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY
("SOUND TRANSIT")
Name
Title
Dáte
Approved as to form:
Sound Transit Legal Counsel
CITY OF FEDERAL WAY:
David H. Moseley, City Manager
Date
Attest:
N. Christine Green, CMC
Approved as to form:
City Attorney, Patricia A. Richardson
K:\Sound Transit\TOD Agreement 2004\Revised TOO Agreement 8.16.04
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 13
Exhibit A
Existing Parcel Legal Description:
KING COUNTY SHORT PLAT 1802027
Tax Parcel No. 092104-9021
Lot I of King County Short Plat No. 182027, according to short plat recorded March 14,
1984 under Recording No. 8403140752, in King County, Washington.
Tax Parcel No. 092104-9057
Lot 2 of King County Short Plat No. 182027, according to short plat recorded March 14,
1984 under Recording No. 8403140752, in King County, Washington.
KING COUNTY SHORT PLAT 480019R
Tax Parcel No. 92104-9176
Lot 2 of King County Short Plat No. 480019R, according to short plat recorded April 28,
1980 under Recording No. 8004280455, in King County, Washington;
Except that portion conveyed to the City of Federal Way, for road, by deed recorded
under Recording No. 20001215001690.
Except that portion conveyed to the City of Federal Way, a Washington Municipal
Corporation, under statutory warranty deed recorded December 18, 2002, under
Recording No. 20021218002306.
Tax Parcel No. 092104-9298
Lot 3 of King County Short Plat No. 480019R, according to short plat recorded April 28,
1980 under Recording No. 8004280455, in King County, Washington;
Except that portion conveyed to the City of Federal Way by deeded recorded under
Recording No. 20010323001260.
Tax Parcel No. 092104-9299
Lot A of King County Short Plat No. 480019R, according to short plat recorded April 28,
1980 under Recording No. 8004280455, in King County, Washington.
Except that portion conveyed to the City of Federal Way by deed recorded under
Recording No. 20000807001155.
Also except that portion conveyed to the City of Federal Way by deed recorded under
Recording No. 20020724000972.
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 14
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Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 15
Exhibit C
Guidelines for Transit Oriented Development
This exhibit provides a definition of the term "transit oriented development" (TOD) for
the TOD Agreement between Sound Transit and the City of Federal Way.
Transit Oriented Development
Definition: Public and private development that supports and promotes transit use.
Development projects should strive to enhance the effectiveness oftransit, and be related
physically or functionally to transit.
To be considered TOD, development should address all three key components: location,
use and design.
. Location - Development that occurs within walking distance of major transit
service. Generally, this means development occurring within !j,¡ mile of any light
rail station, or V<i mile of any bus stop with multiple routes and/or frequent service.
[For example, under this definition, development occurring within V<i mile of
the Federal Way Transit Center/So 317th project would satisfy the location
component. ]
. Land Use - Types of development that support and promote transit use.
Development that creates housing, jobs, shopping, community services or
recreational opportunities could qualify as acceptable use. Development should
support and promote transit use by making the best use of the underlying zoning
capacity to encourage moderate or high-density development clustered near
transit. Development should encourage a mix of uses where provided by
underlying zoning.
[An example of appropriate land use for a development adjacent to transit on a
busy commercial street would be a 5-story mixed-use building with street-
front retail and office above.]
.
Design - Development design that encourages neighborhood and pedestrian
activity on the street and connectivity to transit, and decreased dependence on
driving. The development should enhance the environment for pedestrians in
terms of safety, comfort and visual appeal. Inviting sidewalks and pedestrian
public spaces are examples of appropriate design. Developments should
encourage reduced parking and creative transportation demand management
solutions to emphasize transit-use.
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 16
Exhibit D
Project Landscape Standards
INTRODUCTION
The Project is located at the southwest comer of South 316th Street and 23rd Avenue
South, and is approximately 6.9 acres in size. The Project will include up to 14 bus bays,
up to 1,200 stalls, bus layover areas, passenger boarding areas, operator restrooms and
public restrooms, street improvements, and public art.
DESIGN INTENT
Context-sensitive landscaping is used throughout the project. Planting beds and landscape
planters appropriate to screen facades and to delineate and enhance pedestrian areas are
used around the foundation of the garage, sidewalks, plazas, and transit center areas,
while an "open area" planting scheme is used in future TaD Property.
PEDESTRIAN SCALE LANDSCAPING
The sidewalks and plazas surrounding and adjacent to the Project combine to provide a
linear theme of movement throughout the Project. Sidewalks along the east-west and
north-south axes of the Project and along South 316th Street are delineated by distinct
paving and scoring, and connect to plazas containing seating, scored and colored
concrete, lighting, trash receptacles, bicycle racks, public art elements, and plantings.
These features combine to create an organized, safe, and attractive sequence of pedestrian
linkages and amenities throughout the Project. Sidewalks and plazas will be accented
with pedestrian-scale landscaping typical to urban pedestrian areas, including
architectural landscape planters, and structured, ornamental trees and shrubs that preserve
sight lines into pedestrian areas.
FACADE SCREENING
Planting areas on the east and west facades of the parking structure are designed to meet
Federal Way City Code (FWCC) Sec. 22-1565( c), Type III "visual buffer" landscape
requirements, and include a variety of evergreen and deciduous trees interspersed with
large shrubs and groundcover sufficient to soften the appearance of building elevations.
FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES
The landscaping design for the TaD Properties is intended to be passive in character.
Interim landscaping in the TaD Properties will provide visual relief and shading while
maintaining clear sight lines across the site. Sod will be provided throughout the TaD
Properties and will be punctuated by deciduous trees at one tree per 3,500 square feet (a
total of 15 trees) to create a passive, yet enjoyable, experience for both transit patrons and
pedestrians. The interim landscaping will not be permanently irrigated; instead, Sound
Transit will utilize temporary irrigation methods to properly maintain the sod and trees.
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 17
Exhibit E
When Recorded Mail To:
CITY OF FEDERAL WAY
33325 - 8TH AVENUE SOUTH
POST OFFICE BOX 9718
FEDERAL WAY, WASHINGTON 98063-9718
A TTN: City Attorney
ACCESS EASEMENT
CITY OF FEDERAL WAY, a Washington Municipal Corporation
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a
Regional Transit Authority
Property Legal Description (abbreviated):
Easement Legal Description:
Grantor:
Grantee:
RECITALS
WHEREAS, on , the City of Federal Way, a Washington Municipal
Corporation, ("Grantor" or "City") and the Central Puget Sound Regional Transit
Authority, a Regional Transit Authority, ("Grantee" or "Sound Transit") entered into an
Agreement, No.- ("TOD Agreement") regarding future development of Transit
Oriented Development ("TOD") adjacent to the Federal Way Transit Center ("Transit
Center"); and
WHEREAS, pursuant to the TOD Agreement, Grantee conveyed the TOD Property,
legally described in Exhibit A, to the City for development ofTOD; and
WHEREAS, pursuant to the TOD Agreement, Grantor agreed to provide an easement for
unimpeded access between the TOD Property and the Transit Center;
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
herein contained, and for other good and valuable consideration the receipt of which is
hereby acknowledged, Grantor and Grantee hereby agree:
1. Grant of Easement. Grantor grants to the Grantee a non-exclusive, access easement
under, across and over certain real property (the "Easement Area") located in Federal
Way, Washington, legally described in Exhibit B on a non-exclusive basis and subject to
the conditions and limitations herein.
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 18
2. Purpose and Access. Said Easement shall be for the purpose of unimpeded access
between the East TaD Property and the Transit Center. Grantee shall have the right of
access to the Easement Area to enable Grantee to exercise its rights hereunder by
utilizing the improved driveway or designated walkways on the East TOD Property or by
any other method mutually agreeable to Grantor and Grantee. This Easement shall be
non-exclusive and shall be open to the Grantee, the Grantors and the general public;
provided that, Grantee shall ensure that use of the Easement Area does not interfere with
the primary use of the East TOD Property and the rights and privileges of the Grantor
therein.
3. Grantor's Use of Easement. Grantor reserves the right to use the Easement for any
purpose not inconsistent with Grantee's rights.
4. Indemnification. Each party to this Easement shall indemnify, defend, and hold the
other party, its elected officials, officers, employees, agents, and volunteers hannless
from any and all claims, demands, losses, actions and liabilities (including costs and all
attorneys' fees) arising from or as a result of the death of any person, or any accident,
injury, loss, or damage whatsoever caused to person or property, which shall occur upon
the Easement Area except to the extent caused by the negligent or willful act or omission
of the other party, its agents, licensees, or representatives.
5. Successors and Assigns. The rights and obligations of the Parties shall inure to the
benefit of and be binding upon their respective successors in interest, heirs and assigns.
day of
,2°-
DATED THIS
GRANTOR
CITY OF FEDERAL WAY
By
David Moseley, City Manager
GRANTEE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
By
Its
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 19
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day personally appeared before me David Moseley, to me known to be the City
Manager of the City of Federal Way that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN my hand and official seal this
day of
,20o_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day personally appeared before me , to me
known to be the of the CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN my hand and official seal this
day of
,20o_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
K:\Sound Transit\Access Easement Ex. E to TaD Agreement
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
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Exhibit A
to Access Easement
East TOD Property Description
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 21
Exhibit B
to Access Easement
Easement Area Legal Description
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 22
Exhibit F
Return Address:
City of Federal Way
Attn: Law Dept.
PO Box 9718
Federal Way, W A 98063-9718
PEDESTRIAN AMENITIES EASEMENT
Grantor(s): CITY OF FEDERAL WAY, a Washington municipal corporation
Grantee (s): CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a Regional Transit
Authority
Property Legal Description (abbreviated):
Easement Legal Description (abbreviated):
Assessor's Tax Parcel ID#(s):
RECITALS
WHEREAS, the City of Federal Way ("City" or "Grantor") holds rights-of-way within the City in
trust for the benefit of the public, including South 316th Street between and
legally described in Exhibit A attached hereto and incorporated by reference ("Easement Area"); and
WHEREAS, Central Puget Sound Regional Transit Authority ("Sound Transit" or "Grantee") desires
to use space in, on, or above the Easement Area for the installation and maintenance of certain improvements
that include special stamped concrete pavement, trellis footings, landscaping, street light banners and benches
("Pedestrian Amenities") for use in connection with its construction and operation of a Transit Center located at
, legally described in Exhibit B ("Transit Center"); and
WHEREAS, The City's Land Use Approval #
installation of Pedestrian Amenities.
, dated
, requires the
EASEMENT AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants herein
contained, and for other good and valuable consideration the receipt of which is hereby acknowledged,
Grantor and Grantee hereby agree:
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 23
1. Grant of Easement. Grantor grants to the Grantee a non-exclusive, pedestrian amenities easement
under, across and over the Easement Area on a non-exclusive basis and subject to the conditions and
limitations herein.
2. Purpose and Access. Said Easement shall be for the purpose of installation and maintenance of certain
Pedestrian Amenities that include special stamped concrete pavement, trellis footings, landscaping, street light
banners and benches for use in connection with the construction and operation of the Transit Center. This
Easement shall be non-exclusive and shall be open to the Grantee, the Grantors and the general public;
provided that, Grantee shall ensure that the Pedestrian Amenities do not interfere with the primary use of
the Property and the rights and privileges of the Grantor therein.
3. Easement Area Improvements. Grantee may locate its Pedestrian Amenities on the Easement Area in the
manner as described specifically in the attached Exhibit C. Grantee may not add Pedestrian Amenities in
addition to that shown on Exhibit C other than as may be approved in writing by the City.
4. Grantor's Use of Easement Area. The City reserves the right to regulate, use, occupy and enjoy its
Property for such purposes as it shall desire including, but not limited to, constructing or installing structures
and facilities on the right-of-way, or developing, improving, repairing or altering the right-of-way. Upon the
City's demand and at the Grantee's sole cost and expense, the Grantee shall remove, repair, relocate, change or
reconstruct the Pedestrian Amenities pursuant to the City's instructions and within a reasonable time period
prescribed by the City.
5. Restoration. In the event that Grantee causes damage of any kind during the course of installing, operating
or maintaining the Pedestrian Amenities, including damage to the right-of-way caused by cutting, boring, jack
hammering, excavation or other work, and including latent damage not immediately apparent at the time of the
work, Grantee shall repair the damage and restore the right-of-way at Grantee's sole cost and expense, without
delay or interruption and within the reasonable time period prescribed by the City. Restoration of the
right-of-way shall be to a condition that is equivalent to or better than the condition of the right-of-way prior to
commencing the installation, operation or maintenance of the Pedestrian Amenities and to a condition
satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed
surfacing top course and three inches (3") of asphalt, class "B", or be replaced to the original condition, at the
City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or
damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in
accordance with the "Standards and Specifications for Road, Bridge, and Mwúcipal Construction," as amended.
6. Maintenance. Grantee shall be solely responsible for keeping the Easement Area reasonably neat and
clean and "in good condition and repair. Grantee shall, at its own expense, maintain the Easement Area and
Pedestrian Amenities in a safe condition, in good repair, and in a manner suitable to the City. Additionally,
Grantee shall keep the Easement Area free of debris, graffiti and anything of a dangerous, noxious or offensive
nature or which would create a hazard or undue vibration, heat, noise or any interference with City services.
Grantee shall have sole responsibility for the maintenance, repair, and security of its Pedestrian Amenities, and
shall keep the same in good repair and condition.
7. Compliance with Laws. Grantee's use of the Easement Area is subject to its obtaining all certificates,
pennits, zoning, and other approvals that may be required by any federal, state or local authority. Grantee shall
erect, maintain and operate its Pedestrian Amenities in accordance with applicable site standards, statutes,
ordinances, rules and regulations issued by the City, federal or state government or any other governing bodies.
Grantee acknowledges that all aspects of this Easement are consistent with existing Washington State statutes
and the City Code, and to the best of its knowledge, this Easement is consistent with all other applicable
federal, state and local laws. In addition, Grantee specifically acknowledges that the Easement Area is located
in right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect
City's authority to pennit, franchise or regulate usage of rights-of-way pursuant to its lawful authority.
Agreement Between Sound Transit and Federal Way
For Future TaD at Federal Way Transit Center
Page 24
8. Dangerous Conditions: Authority for City to Abate. Whenever construction, installation, or excavation
of Pedestrian Amenities authorized by this Easement has caused or contributed to a condition which impairs the
lateral support of the adjoining public way, street or public place, or endangers the public, street utilities or
City-owned property, the City's Public Works Director may direct the Grantee, at the Grantee's own expense,
to take reasonable action to protect the public, adjacent public places, City-owned property, streets, utilities and
public ways. Such action may include compliance within a prescribed time.
In the event that the Grantee fails or refuses to promptly take the actions directed by the City, or fails
to fuIly comply with such directions, or if emergency conditions exist which require immediate action, the City
may enter upon the Easement Area and take such actions as are reasonably necessary to protect the public, the
adjacent streets, public ways and utilities, to maintain the lateral support thereof, or other actions regarded as
necessary safety precautions; and the Grantee shall be liable to the City for the costs thereof The provisions of
tills Section shall survive the tennination of thís Easement.
9. Indemnification. Each party to this Easement shaH indemnify, defend, and hold the other party, its
elected officials, officers, employees, agents, and volunteers hannless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorneys' fees) arising ITom or as a result of the death
of any person, or any accident, injury, loss, or damage whatsoever caused to person or property, which
shall occur upon the Easement Area except to the extent caused by the negligent or willful act or omission
of the other party, its agents, licensees, or representatives.
10. Condemnation. In the event the Easement Area is taken in whole or in part by any entity by eminent
domain, this Easement shall terminate as of the date title to the Easement Area vests in the condemning
authority. Grantee shall not be entitled to any portion of the award paid and the City shall receive the full
amount of such award. Grantee hereby expressly waives any right or claim to any portion thereof However,
Grantee shall have the right to claim and recover ITom the condemning authority, other than the City, such other
compensation as may be separately awarded or recoverable by Grantee.
11. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors in interest, heirs and assigns.
12. Termination. If at any time the Transit Center ceases to be used as a Transit Center, this Easement
Agreement shall automatically terminate. Grantee shall remove the Pedestrian Amenities from the Easement
Area upon tennination of the Easement. Upon removal of the Pedestrian Amenities, Grantee shall restore the
affected area of the Easement Area to the reasonable satisfaction of the City. All costs and expenses for the
removal and restoration to be perfonned by Grantee shall be borne by Grantee. If however, Grantee requests
pefllÙssion not to remove all or a portion of the Pedestrian Amenities, and City consents to such nomemoval,
title to the affected Pedestrian Amenities shall thereupon transfer to City and the same thereafter shall be the
sole and entire property of City, and Grantee shall be relieved of its duty to otherwise remove same.
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 25
DATED THIS - day of
GRANTOR:
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
GRANTEE
CENTRALPUGETSOUND
REGIONAL TRANSIT AUTHORlTY
By:
Joan M. Earl, CEO
STATE OF WASHINGTON
)
) ss.
)
COUNTY OF KING
On this day, personally appeared before me, the
undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn,
David H. Moseley to me known to be the City
Manager of the City of Federal Way, a
Washington municipal corporation, the
corporation that executed the foregoing
instrument, and acknowledged the said
instrument to be the free and voluntary act and
deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated
that he was authorized to execute the said
instrument.
Given under my hand and official seal this -
day of , 2004.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of
Washington.
My commission expires:
K\Sound Transit\TOD Agreement 2004\Pedestrian Amenities Easement
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
,2004.
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
APPROVED AT TO FORM:
Stephen Sheehy, Legal Counsel
STATE OF WASHINGTON
)
) ss.
)
COUNTY OF KING
On this day personally appeared before me
, to me known to
be the of Central Puget
Sound Regional Transit Authority, the corporation
that executed the foregoing instrument, and
acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute
said instrument and that the seal affixed, if any, is
the corporate seal of said corporation.
Given under my hand and official seal this - day
of , 2004,
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires:
Page 26
Exhibit A
To Pedestrian Amenities Easement
Easement Area Legal Description
The south fifteen feet of South 3 16th Street road right-of-way, approximately 420 lineal feet, from the west
curb line of 23,d Avenue South to the east curb line of21s1 Avenue South in Federal Way, King County,
Washington.
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 27
Exhibit B
To Pedestrian Amenities Easement
Transit Center Legal Description
Existing Legal Description
KING COUNTY SHORT PLAT 1802027
Tax Parcel No. 092104-9021
Lot I of King County Short Plat No, 182027, according to short plat recorded March 14, 1984 under
Recording No. 8403140752, in King County, Washington.
Tax Parcel No. 092104-9057
Lot 2 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under
Recording No. 8403140752, in King County, Washington. .
KING COUNTY SHORT PLAT 480019R
Tax Parcel No. 92104-9176
Lot 2 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under
Recording No, 8004280455, in King County, Washington;
Except that portion conveyed to the City of Federal Way, for road, by deed recorded under Recording No.
20001215001690.
Except that portion conveyed to the City of Federal Way, a Washington Municipal Corporation, under
statutory warranty deed recorded December 18,2002, under Recording No. 20021218002306.
Tax Parcel No. 092104-9298
Lot 3 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under
Recording No. 8004280455, in King County, Washington;
Except that portion conveyed to the City of Federal Way by deeded recorded under Recording No.
20010323001260,
Tax Parcel No. 092104-9299
Lot A of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under
Recording No. 8004280455, in King County, Washington.
Except that portion conveyed to the City of Federal Way by deed recorded under Recording No.
20000807001155.
Also except that portion conveyed to the City of Federal Way by deed recorded under Recording No.
20020724000972 .
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 28
Exhibit C
To Pedestrian Amenities Easement
Pedestrian Amenities Sketch
Agreement Between Sound Transit and Federal Way
For Future TOD at Federal Way Transit Center
Page 29
SW 1/4, SEC. 9, TWP 21 N. AGE 4E. WM
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north end of the Project parking garage. Sound Transit shall grant access
easements to the Project if such a pedestrian bridge proposal is viable and
will be fully funded either by the City or by a third party who agrees to
fully fund all costs associated with such a pedestrian bridge including
design, penuitting, construction and maintenance. In the event that the
number of parking stalls within the Project garage would be reduced to
accommodate the pedestrian bridge proposal, Sound Transit shall be
entitled to compensation for such a loss in parking. Sound Transit reserves
the right to review and reject or approve any particular proposal. Sound
Transit's approval shall not be unreasonably witlilleld or delayed.
L
Sound Transit shall provide experienced staff to work with the City in the
development of the TaD. .
J.
Sound Transit shall provide a night management security plan to the City
for the Project.
2.2
Conveyance ofTOD Properties
A.
West TaD property
In the event that Sound Transit is not able to secure a commitment from a
qualified developer within ,eighteen (18) months of issuance of the
Certificate of Occupancy for the Project, who will agree to develop the
West TaD Property within five (5) years of occupancy of the Project, on
tenus and conditions acceptable to Sound Transit in its sole judgment, or
the developer does not commence construction of the TOD on the West
TaD Property within five (5) years of occupancy of the Project, Sound
Transit shall convey the West TOO Property to the City consistent with all
applicable federal, state, and local policies and regulations for such
conveyances, the tenus of this Agreement, and for valuable consideration
in the form of the City's assurance that any future development of the
West TOD Property will be consistent with the definition of TOO in this
Agreement. Sound Transit shall retain penuanent utility, access, and
signage easements over across and through the West TOD Property as
necessary for Sound Transit's continued use and enjoyment of the Project
property.
B.
East TOD Property
In the event that Sound Transit detennines within eighteen (18) months of
issuance of the Certificate of Occupancy for the Project that it is not able
to secure a commitment ftom a qualified developer, who will agree to
develop the East TOO Property within five (5) years of occupancy of the
Project on tenus and conditions acceptable to Sound Transit in its sole
Agreement Between Sound Transit and Federal Way
For Future TOO at Federal Way Transit Center
Page 5
, .
CtTY OF
Federal Way
DATE:
August 11, 2004
TO:
Jack Dovey, Chair
Land Use and Transportation Committee
FROM:
Cary M. Roe, P.E., Public Wor~ Rir~tor ~
David H. Moseley, City Manag~~
VIA:
SUBJECT:
Better Roads, Better Transit; King County Department Of Transportation
Proposal For Arterial Improvements
BACKGROUND:
King County Department of Transportation has developed a proposal to fund road improvements and
expanded transit service countywide by placing a November 2004 ballot measure to impose a 2.8-
cent local option gas tax and .01 percent sales tax. This proposal has been shared with Public Works
Directors in a workshop held on July 22, 2004 and an elected officials meeting held on August 5 and
August 6,2004 (see attached discussion paper, workshop summary, and draft ballot language).
ACTION:
King County is seeking input from jurisdictions regarding their proposal in order to assess support
before placing it on the November 2004 ballot. Staff will present King County's proposal at the
August 16 LUTC meeting, including outstanding issues that have been identified to date.
RECOM MEN DATION:
Staff is seeking direction from the Land Use and Transportation Committee regarding King County
Department of Transportation proposal.
k:\lutc\2004\O8-16-04 king county transportation funding proposal.doc
. \
July 29,2004
MEMORANDUM
TO:
Public Works Directors and Government Relations Staff
FROM:
Harold S. Taniguchi, Director
King County Department of Transportation
SUBJECT:
Follow-Up from July 22,2004 Workshop
I am writing to follow up on the workshop we held on July 22,2004, to continue our discussion
about increasing funding for local transportation. I am SOITY you were unable to attend, but I
wanted you to be aware ofthe outcome ofthat workshop. I am attaching a copy of the summary
from the workshop for your infonnation.
Also attached is a copy of the proposal and the draft ballot title language that our Department is
considering for addressing funding shortfalls for our local roads and transit. Weare still
, exploring this idea, but would appreciate help from local jurisdictions in detennining whether
sufficient support exists to proceed. We hope that you will give some thought to how your city
might use these funds if they materialize. We would be especially interested in any specific
arterial projects-signal coordination, arterial widening, sidewalk improvements, etc.-that you
might want to pursue with these funds. We would also be interested in knowing if you would be
more inclined to use the gas tax revenues for preservation and maintenance.
This issue will be a discussion item on the August agendas for the subarea Technical Advisory
Committees. These will be held on August 3 and 4,2004. We hope that you will give
consideration to possible use of these funds and provide infonnation at those meetings.
Thank you in advance for your help. If you have any questions, please contact me, at
206-684-1441 (harold.taniguchi@metrokc.gov) or Sally Marks, Supervising Transportation
Planner, at 206-263-4710 (sally.marks@metrokc.gov).
Attachments
cc:
Eastside Transportation Partnership Technical Advisory Committee
South County Area Transportation Board Technical Advisory Committee
Seashore Transportation Forum Technical Advisory Committee
July 29,2004
Local Transportation Funding Workshop
Thursday, July 22, 2004
Meeting Summary
Attendees
Rob English, Kenmore Gregg Zimmennan, Renton
Don Cairns, Redmond Chuck Williams, King County
Steve Morikawa, Bothell Dennis Dowdy, Auburn
Bill Guenzler, Maple Valley Dorinda Costa, Seattle
Charlie Shell, Seattle Jim Walker, Newcastle
David Foster, Seattle Goran Spamnan, Bellevue
Azim Sheikh-Taheri, WSDOT Kevin Murphy, PSRC
Steve Schuller, Duvall Don Wickstrom, Kent
Doug Wentworth, Seattle Kirsten Pennington, Burien
John Walsh, Pacific Seyed Safavian, Bothell
Kim Becklund, Bellevue Doug Levy, KentlFederal Way consultant
Ashley Probart, Association of Carolyn Robertson, Auburn
Washington Cities
Introduction
Harold Taniguchi, Director of the King County Department of Transportation, welcomed
participants and briefly explained that the purpose ofthe workshop was to continue the
discussion, begun in December 2003, about options for local transportation funding. Ron
Posthuma, Assistant Director, reviewed the reasons for the shortfall in funding resulting from
initiatives, state actions and a sluggish economy. He also reviewed the results of recent votes on
transportation issues, which indicated that, in general, King County residents voted to tax
themselves for transportation improvements.
Participant Initiatives
Several participants indicated that their cities are considering levy lid lifts or local actions to
provide funding for transportation needs in their cities. Seattle representatives reported that they,
along with the Association of Washington Cities, are identifying a list of options for
consideration in the 2005 legislative session. Bellevue representative indicated that the regional
and state system is its highest priority for funding. For local needs, Bellevue is interested in tax
increment financing.
King County Department of Transportation Suggestion
Harold Taniguchi and Ron Posthuma outlined an idea that the King County Department of
Transportation is exploring to use existing authority to raise revenue to reduce congestion,
improve operational efficiency, and enhance preservation of the arterial system. The proposal
J ul y22meetingsummary
, .
would involve a November 2004 ballot measure to impose a 2.8-cent local option gas tax and 0.1
percent sales tax
. The proposed 2.8-cent per gallon local option gas tax would generate
approximately $27 million annually for cities and the unincorporated area in
King County. This regional tax would be allocated among the jurisdictions based
on population. Approximately $7 million in new revenues would be distributed to
King County, $8 million to Seattle and another $12 million to other cities. These
funds would encourage partnering among jurisdictions to solve congestion
problems on the arterial system.
The 0.1 percent sales tax would generate $40 million annually that would provide
more transit service to residents and businesses in the county, including new and
improved bus service, particularly in major centers, better bus connections to
commuter rail, light rail and the monorail, and partnerships to support employer
trip reduction programs and economic development in urban centers.
This initiative, if approved, would cost an average of about $42 per household per
year.
.
.
Kevin Desmond, General Manager, Transit Division, and Linda Dougherty, Director, Roads
Services Division, provided additional information about how these funds might be used and
responded to questions. Ron Posthuma added that some business, labor, and environmental
representatives have expressed support for the proposal, and indicated that additional outreach
will continue. Depending on the feedback from the outreach efforts, the Executive will
determine whether or not to proceed with an ordinance to the King County Council.
The Department is reviewing the following issues, which were raised during the discussion:
. Would the ballot title pass the test of two subjects in one measure?
. Does the RTID have first use ofthe local option gas tax? Would the RTID
Executive Board need to approve King County's using the local option gas tax for
its purposes?
How can the public be informed about the need for additional revenue?
Will bonding be used?
What revenues would be generated by all the currently-authorized options?
Would the use ofthe sales tax funds be consistent with the 40/40/20 policy?
How would this measure affect the outcome of the 2005 legislative session?
What affect would an advisory ballot on RTID have on this measure?
Is there a need to develop collaborative arterial project lists?
What actions are needed from local jurisdictions at this point?
Next Steps
.
.
.
.
.
.
.
.
.
Provide update on continued outreach efforts
Identify collaborative arterial projects with cities
.
July22meetingsummary
2
,
,
July 29,2004
Draft
Ballot Language
The following is a draft of the basic ballot language for the measure for local transportation
funding that is being considered. (Official fonnatting and required language regarding County
Council action are not included.)
This measure would authorize the county to finance a coordinated system of new Metro
transit services, facilities and equipment, signal synchronization, and county road and
city street projects, by imposing a local motor vehicle fuel tax at ten percent ofthe state
tax rate (2.8 cents per gallon at the current state tax rate) and an additional transit sales
tax of one-tenth of one percent (one cent on a ten dollar purchase).
.
.
Better Roads-Better Transit
King County Department of Transportation
Proposal for Arterial Improvements
For discussion with Public Works Directors
Thursday, July 22, 2004
Better Roads-Better Transit
Problem: Local governments have less revenue for transportation
Today, cities and counties in this region are faced with maintaining aging transportation
infrastructure and making improvements to meet all kinds of transportation needs with
diminishing revenues.
. No gas tax increases occuITed between 1990 and 2003. In 2003, the state
adopted the "Nickel" package, a five-cent gas tax increase, which focused
primarily on major improvements to Highways of Statewide Significance.
Local jurisdictions received no direct distribution from this 5-cent increase
in the state gas tax.
Fuel tax revenues have been declining at an average rate of almost 4% per
year (in inflation adjusted dollars) due to the restrictive structuring of that
revenue source.
In 1995, the Supreme Court ruled the Street Utility Fee as
unconstitutional, and several cities that had enacted the fee lost these
revenues.
Initiative 695's repeal of the Motor Vehicle Excise Tax was enacted by
the legislature, reducing Metro Transit revenues by more than $100
million per year.
Initiative 747's property tax limitation has restricted this important source
of general revenue that many cities use to support street maintenance.
Initiative 776 repealed the Vehicle License Fee, which provided
approximately $18 million to local jurisdictions in King County in 2002.
Over ten years, local jurisdictions in King County will lose approximately
$220 million.
In addition, the sales tax, which funds transit and some other
transportation improvements, has not generated the levels of revenue
projected four years ago because ofthe economic downturn.
.
.
.
.
.
.
Responses: Short term measures have been taken
Jurisdictions have reduced spending by increasing efficiency, delaying capital
expenditures, and deferring maintenance and taking other short tenn actions
. The Puget Sound Regional Council agreed to increase the share of federal
funds directed toward local jurisdictions to 50% in the 2004 federal grant
cycle.
In addition, local jurisdictions have been exploring a range of alternatives
for additional revenues including property tax increases, levy lid lifts,
commercial parking taxes, surcharges and other fees
.
July 22, 2004
New Proposal: Better Roads-Better Transit
While these actions to generate new revenue may have merit for mid- to long-tenn
improvements, action is needed quickly to respond to the growing problem. The King
County Department of Transportation (DOT) is exploring a ballot measure that focuses
on the backbone of the transportation network in King County--our arterial system.
.
Most transit service in King County operates on the arterial system.
Almost two-thirds of vehicle hours and half of vehicle miles in the
afternoon peak hour travel on the arterial system.
Over half the delay experienced on roads in King County is on arterials.
The capacity ofthe arterial system is the key factor is detennining where
new employment and housing growth can occur under growth
management.
Arterials provide important connections for freight.
.
.
.
.
Our arterial system is the responsibility of the county and cities to preserve and improve.
. The most recent state gas tax increase did not provide funds for arterial
improvements
The draft plan for the Regional Transportation Investment District did not
identify funds for arterial improvements in King County.
.
King County DOT is suggesting using existing authority to raise revenue to reduce
congestion, improve operational efficiency, and enhance preservation of the arterial
system. The proposal would involve a November 2004 ballot measure to impose a 2.8-
cent local option gas tax and 0.1 percent sales tax
. The proposed 2.8-cent per gallon local option gas tax would generate
approximately $27 million annually for cities and the unincorporated area
in King County. This regional tax would be allocated among the
jurisdictions based on population (see attached table). Approximately $7
million in new revenues would be distributed to King County, $8 million
to Seattle and another $12 million to other cities. These funds would
encourage partnering among jurisdictions to solve congestion problems on
the arterial system.
The 0.1 percent sales tax would generate $40 million annually that would
provide more transit service to residents and businesses in the county,
including new and improved bus service, particularly in major centers,
better bus connections to commuter rail, light rail and the monorail. and
partnerships to support employer trip reduction programs and economic
development in urban centers.
This initiative, if approved, would cost an average of about $42 per
household per year.
.
.
2
July 22, 2004
What would the proposal buy?
Projects that preserve and improve the countywide arterial system
.:. Ready to construct projects: Critical arterial congestion relief projects such as
. 140th Avenue SE @ SE Petrovitsky Road, intersection improvement would allow
more reliable movement of over 46,000 vehicles per day, including 100 buses
. Coal Creek Parkway, widening project would provide more reliable movement
for over 21,000 vehicles per day, including 82 buses
. Projects also include sidewalk improvements to enhance connections with transit
.:.
Signal improvements: Arterial ITS, including signal synchronization and
other operational improvements that improve traffic flow and transit reliability
such as
. Juanita-Woodinville Road between 1O0th Avenue NE and 124th Avenue NE -
serves roughly 180 buses per day
. 4th Avenue South between South 148th and South Roxbury - serves about 130
buses per day
. Improved signal controllers and communications enabling transit signal priority at
over 500 intersections throughout the County
.:. Improved local transit integration with high capacity light rail, monorail and
commuter rail investments:
.
Existing bus routes providing regional connections reoriented to provide more
direct and frequent transit service within local areas
Local bus connections in each area that will extend the reach of regional
investments and local access to activity centers closer to home
.
.:.
Preservation and maintenance: Pothole repair, safety improvements and
critical pavement overlays on arterials, such as
. 1 st Avenue South Urban Retrofit between the Seattle city limits and the Burien
city limits, construct curb, gutter, sidewalk, drainage and landscaping along this
arterial.
. Des Moines Memorial Drive between South 99th Street and South 128th Street,
construct curb, gutter, sidewalk, and bicycle lanes along this arterial. Upgrade
traffic signals and improve landscaping.
. Countywide 3R program to reserve funds to aid in the resurfacing, restoration and
rehabilitation of existing King County Roads.
.:.
Improved bus service: More frequent bus service and improved transit
customer facilities throughout the day in each area of the county:
. All-day fifteen-minute service frequency on many more core service connections
between activity centers on the Eastside, in South King County and in Seattle.
3
July 22, 2004
. .
. New or refurbished shelters, and electronic signs providing real-time bus arrival
infonnation at many locations.
.:.
Leveraged partnership investments in targeted centers to promote
economic development and achieve significant increases in transit use:
. Bellevue downtown - NE 8th St. bus rapid transit (BRT), managed parking, pass
distribution and subsidies, demand management and ridesharing programs.
. Sea-Tac - Partnership with the Port for ridership development, and BRT
connecting to Federal Way, Burien, Kent and Auburn
. Shoreline and Seattle -- Aurora Avenue BR T
. Seattle downtown and South Lake Union - New service to S. Lake Union,
managed parking and intensive pass marketing and distribution.
Why Act Now?
The need exists-the longer we wait, the worse the situation becomes.
. Cities and the County are deferring needed projects because of funding
cutbacks. Service increases to meet demand, on-going maintenance to
preserve roads, and capacity and efficiency improvements to meet
growing demands are not happening.
The opportunity is now - The tools to do this are already available to us
. With a presidential election this fall, it is predicted the chance of a
successful initiative is increased.
By focusing on arterial-based improvements, the initiative will pennit
cities and the County to act quickly to improve transportation conditions
"close to home."
Such improvements should be readily visible to residents and businesses
and help show them that their money is being used to effect positive
changes to transportation conditions in their communities.
This will allow completion of investments that will complement the
improvements being planned by the Seattle Monorail, Sound Transit and
the Regional Transportation Investment District.
King County voters have repeatedly rejected initiatives for tax cuts and
have shown a willingness to tax themselves for transportation
.
.
.
.
Attachment: Comparison of VLF Revenue vs. Local Option Gas Tax Revenue (Table)
4
July 22, 2004
.
.
, " " , ,
::>,,:"Compari.SøuqfVtF'Revenue vs. Local Option Gas Tax Revenue,:'.
.,' ,,:: '," '1, ; ",' , ' :'
Jurisdiction
Algona
Auburn*
Beaux Arts
VLF Revenue
$23,583
410,680
2,755
239,091
137,446
13,876
$19,807,976
$7,323,476
$27,131,452
161,302
86,068
9,433
$13,287,313
$4,926,965
$18,214,278
*Cities whose borders cross county lines
(I) Fuel tax collections are estimated by the W A State Office of Financial Management assuming King County's
share of total state fuel gallons taxed at 2.8 cents per gallon using current 2003 fuel sales and population forecasts.
The estimate used in this projection is minus 2.5% of the OFM forecast for estimated administration expenses and
refunds.
A Fëderal Way
DATE:
August 16, 2004
FROM:
Jack Dovey, Chair
Land Use and Transportation Committee
Marwan Salloum P. E., Street Systems Manager ~
David H. M~er
2004 Asphalt Overlay Project - Project Acceptance
TO:
VIA:
SUBJECT:
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept
the work as complete to meet State Department of Revenue and State Department of labor and
Industries requirements. The above-referenced contract with Watson Asphalt Paving Co. is
complete. The final construction contract amount is $1,080,056.17. This is $68,470.83 below the
$1,148,527 (including contingency) budget that was approved by the City Council on March 1,
2004.
Due to fact that the 2004 Street Overlay authorized funding (including contingency) was not
expended and the City Council authorized Staff to add Schedule C (16th Ave South) and Schedule F
(S 364th WattS 359th Street) back in to the contract if the project funding allows. Both Schedule C
and F were added in to the contract.
Staff will be present at the September 20th land Use & Transportation meeting to answer any
questions the Committee might have.
RECOMMENDATION:
Place the following item on the September 7, 2004 Council Consent Agenda for approval:
Final acceptance of the completed 2004 Asphalt Overlay Project, constructed by to Watson
Asphalt Paving Co., in the amount of $1,080,056.17, as complete.
k:\lutc\2004\2004 asphalt overlay project- Project acceptance.doc
cc:
Project File
Central File
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
From:
Subject:
August 10,2004
Federal Way City Council Land Use and Transportation Committee
David H. M~Manager
Iwen Wang, Man"t~n:ent Services Director ~ "
Via:
Federal Way Public Schools 2003/2004 Capital Facilities Plan/School Impact Fee
The City has received the Federal Way School District's 2004/2005 Capital Facilities Plan with the
proposed school impact fees for the City's annual review and adoption.
The new fees, if approved, will be effective January 1, 2005, are $2,868 per single-family unit and $905
per multi-family dwelling unit. This is a $401 or 12% decrease from the $3,269 single-family rate, and
$35 or 3% decrease from the $940 multi-family rate.
A number of variables go into the school impact fee calculation. Among them are the District's facility
needs, construction costs required for schools, and the student generating factor (average students per
household in elementary, middle, and high schools respectively) in new single and multi-family
developments. The calculated amounts are then reduced by any state matching funds and voter approved
property taxes for construction. Finally, a 50% factor is applied to eliminate imperfections in the fee
calculation model.
Attachments:
Federal Way School District 2004/2005 Capital Facilities Plan (the new impact fee calculation is on page
26).
Committee Recommendation:
Forward the draft Federal Way School District 2004/2005 Capital Facilities Plan and proposed impact fee
to full Council for approval with implementation of the proposed fee of $2,868 per single family
development and $905 per multi-family development effective January 1,2005.
CommittéeApproval
Federal Way Public Schools
2004/05
Capital Facilities Plan
Buildingfor the 21st Century
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
FEDERAL WAY PUBLIC SCHOOLS
2004/05
CAPITAL FACILITIES PLAN
BOARD OF EDUCATION
Ed Barney
Evelyn Castellar
Charles Hoff
Bob Mìllen
Earl VanDorien
SUPERINTEND ENT
Thomas R. Murphy
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
SECTION 1
SECTION 2
SECTION 3
SECTION 4
TABLE OF CONTENTS
TABLE OF CONTENTS
INTRODUCTION
THE CAPITAL FACILITIES PLAN
Introduction
Inventory of Educational Facilities
Inventory of Non-Instructional Facilities
Needs Forecast - Existing Facilities
Needs Forecast - New Facilities
Six Year Finance Plan
MAPS OF DISTRICT BOUNDARIES
Introduction
Map - Elementary Boundaries
Map - Middle school Boundaries
Map - Senior High Boundaries
SUPPORT DOCUMENTATION
Introduction
Building Capacities
Portable Locations
Student Forecast
Capacity Summaries
King County Impact Fee Calculations
SUMMAR Y OF CHANGES FROM THE 2003/04 PLAN
ii
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lll-V
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9
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12-13
14-15
16-18
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FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
INTRODUCTION
In response to the requirements of the State of Washington Growth Management Act
- (SHB 2929 (1990) and ESHB 1025 (1991», and under the School Impact Fee Ordinances
of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective
December 21, 1995 as amended, and the City of Kent Ordinance No. 3260 effective
March 1996, Federal Way Public Schools has updated its 2003/04 Capital Facilities Plan
as of May 2004.
This Plan is scheduled for adoption by King County, the City of Kent and the City of
Federal Way and is incorporated in the Comprehensive Plans of each jurisdiction by
reference. This plan is also included in the Facilities Plan element of the Comprehensive
Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school
impact fee ordinance.
The Growth Management Act requires the County to designate Urban Growth areas within
whìch urban growth can be encouraged. The Growth Management Planning Council
adopted and recommended to the King County Council four Urban Growth Area Line
Maps with designations for urban centers. A designation was made within the Federal
Way planning area, which encompasses Federal Way Public Schools boundaries. King
County will encourage and actively support the development of Urban Centers to meet the
region's need for housing, jobs, services, culture and recreation. This Plan's estimated
population growth is prepared with this underlying assumption.
This Capital Facilities Plan will be used as documentation for any jurisdiction, which
requires its use to meet the needs of the Growth Management Act. This plan is not
intended to be the sole planning tool for all of the District needs. The District may prepare
interim plans consistent with Board policies. Additional plans will be consistent with the
six year Capital Facilities Plan.
On October 12, 1998 the Federal Way School District Board of Education approved a
recommendation to move to a Pre K-5 elementary, 6-8 middle school, and 9-12 high
school grade configuration. This new grade configuration began in the fall of 2003. This
grade configuration is believed to be more responsive to student needs. It allows for
smaller elementary enrollments with room for lower primary class sizes. The middle
school provides more developmentally appropriate instruction and a better academic
transition between elementary school and high school. Middle schools also allow two-
year preparation for the W A State 7th grade test, and matches most western Washington
Districts. With State and District standards becoming even tougher, 9th grade students
need to be brought into the high school environment and given access to high school
subject specialist. The four-year high school plan combines the 9-12 graduation credit
system, allows two-year preparation for the W A State 10th grade test, and physically
places the high school students together.
iii
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
INTRODUCTION (continued)
Federal Way citizens apprQved a bond proposal of $83 million in September 1999. This
bond provided for Todd Beamer High School ($44 million); a middle school ($17
million); expansion and improvement of existing schools ($9 million); replacement of
Tniiñãn High School ($6 million)_and other general improvements ($7 million).
Additional planned improvements included in the bond proposal are: parking and
pedestrian safety, playgrounds and sports fields, new classroom start-up and music
. equipment, infonnation systems and networks and emergency communications.
Todd Beamer High School opened in September 2003. The school opened with three
grades, 9th, 10th and 11th. Seniors in 2003/04 are allowed to complete their high school
education at the current high school. This does put some strain on capacity at the three
existing high schools. In order to accommodate this decision measures to maximize the
capacity in the existing buildings were implemented and three portables were added to
high school campuses. Capacity for the 2003/04 school year was calculated at 100% usage
in order to give the Ith grade students the opportunity to stay at the current school. Todd
Beamer High School was designed with planning offices for teachers; Decatur, Federal
Way and Thomas Jefferson do not have designated planning areas. In order to
accommodate planning space for teachers, capacity must be calculated at 83% of
maximum as planning generally takes place in the classrooms. This 83% figure is used in
the Program Capacity calculation for Decatur High School, Federal Way High School and
Thomas Jefferson High School shown on page 13.
A Middle School Transition Team began meeting in May 2001 to develop
recommendations for the middle school programs. These recommendations were adopted
by the Board of Education on March 25, 2002. The adopted recommendations include
block instruction with 2 teacher teams meeting with about 60 students daily for students in
the 6th and 7th grade. Eighth grade teachers will see 90 students each day. This structure
lengthens contact time for students with fewer adults and is believed to develop stronger
relationships. Fewer transitions for students will provide continuity to the day and
promote a calmer campus.
The 2004/05 Capital Facilities Plan reflects a reduced capacity to accommodate the middle
school block instruction. The facility impacts will require further analysis of capacity as
the middle school cuITiculum is refined. Modifications to vocational instructional areas at
the middle schools were made in the past year. These modifications increased the capacity
at the middle school level by converting shop areas to classrooms. The increased capacity
is noted in the program capacity on page 13.
lV
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
Federal Way Public Schools opened the Internet Academy in the 1996/97 school year with
60 students. This ptlrgram currently serves approximately 405 students, 80 are st~dents
also served in other Federal Way School District buildings. Additionally the school serves
students through the Digital Learning Commons. The number of students served as
tuition-based students has increased to approximately 175. These tuition-based students
are not included in the forecasts for Internet Academy. The forecast for this school is
based on current average ann!1al enrollment. Historical growth hãs not been a reliable tool
to forecast this enrollment. Internet Academy has become a model for providing quality
instruction to various locations. Internet Academy is currently operating out of leased
space consisting of administrative areas and a computer lab area. This capacity is not
included in the analysis of instructional spaces. The facility needs are unique to a program
of "distance learners". .
"
Federal Way Public Academy opened in the 1999/00 school year in six portables on the
lllahee Junior High site. Two additional portables were added for opening the 2000/01
school year to expand the program to include ninth grade students. Federal Way Puhliè-
Academy has extended the program to serve students in grades 6 through 10. There are
currently 286 students in this school. The District purchased a facility for Federal Way
Public Academy. The renovation of this building is complete and students moved into the
building in October 2003. The portables used to house Federal Way Public Academy are
being used for Merit School, the Child Find program, a training facility and temporary
instructional space for Illahee Middle School.
As smaller class sizes roll forward into the secondary levels, we anticipate a slight decline
at middle school between 2006 and 2009. This does not diminish the need to open a new
middle school in the 2005 school year. Middle school facilities are overcrowded at
current enrollment levels and portables are considered a temporary solution to this
overcrowding. Even with adding seats for 700 students at the opening of the new middle
school in 2005, projections based on current program capacity indicates a surplus capacity
of only 44 seats.
Another initiative that will impact capacity at the secondary schools is the Puget Sound
Early College. Highline Community College is offering this program to 11 th and 1ih
grade students at the Federal Way campus. The program allows promising 11th and 1ih
grade students the opportunity to complete their high school diploma and the Associate of
Arts college degree in their final two years of high school. In the first year, we expect 60
11th and 12th grade students to attend the Puget Sound Early College.
The district has a cooperative agreement with Head Start for facility use to serve income
eligible Pre-Kindergarten students. Currently we house Head Start programs at 3 of our
elementary schools. Headstart is building a new facility on the Harry Truman High
School campus. This facility will centralize Headstart services in the Federal Way
community. The District anticipates expanding the ECEAP Pre-Kindergarten program
when Headstart space becomes available in the elementary schools.
v
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
SECTION 1- THE CAPITAL FACILITIES PLAN
The State Growth Management Act requires thatsevéral pieces-of information be gathered to
determine the facilities available and needed to meet the needs of a growing community.
This section provides information about CUITent facilities, existing facility needs, and expected
future facility requirements for Federal Way Public Schools. A Financial Plan which shows
expected funding for any new construction, portables and modernization listed follows this.
1
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
INVENTORY OF EDUCATIONAL FACILITIES
ELEMENTARY SCHOOLS
Adelaide 1635 SW 304th Street Federal Way 98023
Brigadoon 3601 SW 336th Street Federal Way 98023
Camelot 4041 S 298th Street Auburn 98001
Enterprise 35101 5th Avenue SW Federal Way 98023
Green Gables 32607 47th Avenue SW Federal Way 98023
Lake Dolloff 4200 S 308th Street Auburn 98001
Lake Grove 303 SW 308th Street Federal Way 98023
Lakeland 35675 32nd Avenue S Auburn 98001
Mark Twain 2450 S Star Lake Road Federal Way 98003
Meredith Hill 5830 S 300th Street Auburn 98001
MiITor Lake 625 S 314th Street Federal Way 98003
Nautilus 1000 S 289th Street Federal Way 98003
Olympic View 2626 SW 327th Street Federal Way 98023
Panther Lake 34424 1st Avenue S Federal Way 98003
Rainier View 3015 S 368th Street Federal Way 98003
Sherwood Forest 34600 12th Avenue SW Federal Way 98023
Silver Lake 1310 SW 325th Place Federal Way 98023
Star Lake 4014 S 270th Street Kent 98032
Sunnycrest 24629 42nd A venue S Kent 98032
Twin Lakes 4400 SW 320th Street Federal Way 98023
Valhalla 27847 42nd Avenue S Auburn 98001
Wildwood 2405 S 300th Street Federal Way 98003
Woodmont 26454 16th Avenue S. Des Moines 98198
MIDDLE SCHOOLS
Federal Way Public Academy 34620 9th A venue S Federal Way 98003
lllahee 36001 1 st A venue S Federal Way 98003
Kilo 4400 S 308th Street Auburn 98001
Lakota 1415 SW 314th Street Federal Way 98023
Sacajawea 1101 S Dash Point Road Federal Way 98003
Saghalie 33914 19th Avenue SW Federal Way 98023
Totem 26630 40th A venue S Kent 98032
SENIOR HIGH SCHOOLS
Decatur 2800 SW 320th Street Federal Way 98023
Federal Way 30611 16th Avenue S Federal Way 98003
Thomas Jefferson 4248 S 288th Street Auburn 98001
Todd Beamer 35999 16th Ave S Federal Way 98003
Harry S Truman 31455 28th Ave S Federal Way 98003
ALTERNATIVE SCHOOLS
Merit School 36001 1st Ave S Federal Way 98003
LEASED SPACES
Internet Academy 32020 1st Ave S Federal Way 98003
2
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES
Developed Propertv
Administrative Building
MOT Site
Central Kftchêtì -'-
Federal Way Memorial Field
31405 18th Avenue S
-1066 S 320th Street
1344 S 308th Street
1300 S 308th Street
Federal Way
Federal Way
Federal Way
Federal Way
98003
98003
98003
98003
Leased Space
Community Resource Center
BCBAP Offices
1813 S Commons
30819 14th Ave S
Federal Way
Federal Way
98003
98003
Undeveloped Propertv
I S~e I
75
65
60
73
71
82
.74
96
Location
SW 360th Street & 3rd Avenue SW - 9.2 Acres
S 351st Street & 52nd Avenue S - 8.S Acres
E of 10th Avenue SW - SW 334th & SW 335th Streets - 10.04 Acres
N of SW 320th and east of 45th PL SW - 23.45 Acres
S 344th Street & 46th A venue S - 17.47 Acres
1st Way Sand S 342nd St - Minimal acreage
3737 S 360th St - 47.13 Acres (13 acres are being developed for the seventh middle school; 12-15
acres are wetlands)
S 30Sth St a.nd 14th Ave S - .36 Acres
Notes:
Not all undeveloped properties are large enough to meet school construction requirements.
Properties may be traded or sold depending on what locations are needed to house students in the
District.
3
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
NEEDS FORECAST - EXISTING FACILITIES
EXISTING FACILITY FUTURE NEEDS ANTICIPA TED SOURCE OF
FUNDS
Purchase and Relocate Interim Capacity Anticipated source of funds is
Portables Impact Fees.
The District is formulating mid range plans for facilities needs at some existing instructional
facilities. Major r~novation or replacement of some existing facilities is being considered.
The District is also planning the replacement of some non-instructional faciliti~s. A site is under
consideration to centralize many of the non-instructional functions. Buildings to house the
transportation, maintenance, food services and administrative functions may be moved to a single
location in the future.
4
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
NEEDS FORECAST - NEW FACILITIES
NEW FACILITY LOCATION ANTICIPA TED SOURCE
OF FUNDS
New Middle School Site 74 Anticipated source of
funds are current bond
-
- Issues.
5
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
Six Year Finance Plan
Secured Funding
Sources 2004 2005 2006 2007 2008 2009 Total Revenue
Impact Fees (1) $605.000 $605.000 $1,210,000
Land Sale Funds (2) $565,000 $565,000
Bond Funds (3) $4,695,000 $4,695,000
. . State Match (4) $3,000,000 $2,000,000 $450,000 $430,000 $5,880,00(]
..- $8,260,(100 $2,000,000 $1,055,000 ' $1,035,000 $0 $0 $12,350,000
TOTAL
Projected Revenue
State Match (5) $(
Bond or Levy Funds (6) $ 17,ooo,OOC
Land Fund Sales (7) $1,164,000
Impact Fees (8) $1,500,000
..
TOTAL $19,664,000
NEW SCHOOLS Total
I'dor Years 2004 2005 2006 2007 2008 2009 2004.2009 1'01~11 Cost
Middle School $543,740 Sl,SOO,()()O $12,827.400 $<28,HIJO $14,856,2()( $15,400,000
Middle SChlXII Site $J,600,000 $( $1,(iOO,000
-
rood Beamer lIigh School - $42,203,767 $1 ,'J J,8ZH $1,'JIU28 $44,117,595
rodd Beamer HI ~h School Silc $3,432,405 $( $3,4:12,40:.
..-
Federal Way Public AeadclII\' $5,443,094 $( $5,44:1,094
MODERN]ZATION AN]) EXPANSION $( $0
rlUlIlan Senior Hi~h $5,642,666 ~1.107,134 .. $1.107,134 $6,750,000
Expansion Middle Schools $2,132,440 $0 $2,132,440
Expansion Elmm:lIlary Schools $:~.O()O,OOO $2,OOO,(JO( $2,000,000
TEMI'ORAR'r' I"ACII.ITU~<; $( $0
I'ortable.< ('J) $ROO,O()O S800.00\) $I,()()O,()()( $1,600,000
roTA I. $60,998,112 $4,521,1(,2 $14,!ì27,400 $1,328.860 $1100,000 $0 $0 $2I,4i7,421 $82.475,534
NOTES:
I. 1bese fees are culTentIy being held in a King County, City of Federal Way and City of Kent impact fee account, and will be
available for use by the District for system improvements. Tlús is year end balance on 12/31103.
2. These funds come from various sales of land and are set aside for estimated expendicures. This is yearend balance on 12/31103.
3. This is the 12/31103 balance of bond funds.
4. These are state matching funds received for Todd Beamer High School, Truman High School and the additons to existing buildings.
This is a year end balance on 12/31103.
5. 1be new middle school is not eligible for state match funds.
6. These bond funds were sold on 6/08104.
7. Two of three property sales have closed in 2004 and the third is projected to close !his calendar year. These funds represent the proceeds from these sales.
No other properties are actively marketed al this úffie.
8, These are projected fees based upon Icnowu residential developments in the Districl over the next six years.
9. These fees represent the cost of moving existing portables and purchasing new portables. The DislriCI may choose to purchase new
portables in the years shown. This estimate may also include the cost of purchasing these portables.
6
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
SECTION 2 - MAPS OF DISTRICT BOUNDARIES
Federal Way Public Schools (the District) has twenty-three elementary schools (grades K-5),
six middle school schools (grades 6-8), five senior high schools (grades 09-12) and one
school serving-students in grades 6 -10 for the 2004/05 school year. The Internet Academy
"serves grades K-12. In June 2002 the Board of Education adopted new secondary boundaries
beginning with 2003/04 school year. A boundary committee will meet in the 2004/05 school
year to recommend modifications to the elementary and middle school boundaries. The
following maps show the service area boundaries for each school, by school type. (Harry S.
Truman High School, Merit School, Internet Academy and Federal Wãy Public Academy
serve studen~ from throughout the District). The identified boundaries are reviewed
. annually. Any change in gr<!de configuration or adoþtion of programs that affect school
populations may necessitate a change in schóol service åieas.
The Growth Managemellt Act requires that a jurisdiction evaluate if the public facility
infrastructure is in place to handle new housing developments. In the case of most public
facilities, new development has its major impact on the facilities immediately adjacent to that
development. School Districts are different. If the District does not have permanent facilities
available, interim measures must be taken until new facilities can be built or until boundaries
can be adjusted to match the population changes to the surrounding facilities.
Adjusting boundaries requires careful-consideration by the District and is not taken lightly. It
is recognized that there is a potential impact on students who are required to change schools.
Boundary adjustments impact the whole district, not just one school.
It is important to realize that a single housing development does not require the construction
of a complete school facility. School districts are required to project growth throughout the
district and build or adjust boundaries based on growth throughout the district, not just
around a single development.
7
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPTIAL FACILITIES PLAN
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ELEMENTARY SCHOOL BOUNDARIES
Federal Way Public Schools
Every Srudent. a Rader
ELEMENTARY SCHOOLS
Code...
1 Adelaide
2 Brigadoon
3 Camelot
.. Enletprise
5 Green Gables
6 Lake Dolloff
7 Lake Gt-ove
8 Lakeland
9 Marl< Twain
10 Meredith Hill
11 Mirro<Lake
12 Nautilus
13 Olympic View
14 Panther Lake
15 RalnlerView
16 Sherwood Forest
17 Silver Lake
18 Star Lake
19 Sunnycrest
20 Twin Lakes
21 Valhalla
22 Wildwood
23 Woodman!
MIDDLE-SCHOOLS
Code.. .
c~
B-8
G-5
D-9
A-'1
G~
D~
E-9
F-4
H-5
E-6
E-5
C-7
E-8
F-10
D-8
D-7
G-3
G-2
B~
G-4
F-5
F-3
30 Iliahee
31 Kilo
32 Lakota
33 Sacajawea
34 Saghalie
35 Totem -
36 Fedefal Way Public Academy
E-9
G~
D-6
E-5
C-8
G-3
E-8
2
SENIOR HIGH SCHOOLS
Code- .
3
40 Decatur
41 Federal Way
42 Thomas Jefferson
45 Todd Beame,
49, Harry S, Truman
Future School Sites ..
Surplus Sites ..
81 Educational Service Center F-6 -
85 Mainténance-Opefations-Tfansportation E~-
Patks -
Code-.
8
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPTIAL FACILITIES PLAN
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MIDDLE SCHOOL BOUNDARIES
Federal Way Public Schools
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ELEMENTARY SCHOOLS
Code- .
1 Adelaide
2 Brigadoon
3 Camelot
4 Enterprise
5 Green Gables
6 lake Dolloff
7 Lake Grove
8 lakeland
9 Mark Twain
10 Meredith Hill
11 Mirror lake
12 Nautilus
13 Olympic View
14 Panther lake
15 RainierVo-
16 Sherwood Forest
17 Silver lake
18 Star Lake
19 SunnycteSt
20 Twin Lakes
21 Valhalla
22 Wildwood
23 Woodmont
C-6
B-8
G-5
D-9
A.7
G-8
D-8
E-9
F-4
H-5
E-6
E.5
C-7
E-8
F-10
D-8
0-7
G-3
G-2
B-6
G-4
F-5
F-3
MIDDLE SCHOOLS
Code - .
30 lIIahee
31 Kilo
32 lakota
33 Sacajawea
34 Saghalie
35 Totem
36 Federal W;:y Public Academy
E.9
G-6
0-8
E-5
C-ø
G-3
E-8
-
SENIOR HIGH SCHOOLS
Code- .
40 Decatur
41 Federal Way
42 Thomas Jefferson
45 Todd Beamer
49 Harry S, Truman
C-8
E-5
G-4
E-9
F-6
Future School Sites -
Surplus Sites -
81 Educational Service Center F-6 -
85 Maintenance-Oporations-Transportation E-8-
I
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~
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPTIAL FACILITIES PLAN
HIGH SCHOOL BOUNDARIES
Federal Way Public Schools
Every $ruden', a R<ader
ELEMENTARY SCHOOLS
Code.- .
1 Adelaide
2 Brigadoon
3 Camelot
4 Enterprise
5 Green Gables
6 ,Lake Dolloff
7 Lake Grove
8 Lakeland
9 Marl< Twain
10 Meredilh Hill
11 Mino'Lake
12 Nautilus
13 Olympic View
14 Panther Lake
15 RalnlerView
16 Sherwood Forest
17 Silver Lake
18 Star Lake
19 Sunnycrest
20 Twin Lakes
21 Valhalla
22 Wildwood
23 Woodmont
._,
C-6
B-8
G-5
D-9
A-7
G-6
D-6
E-9
F-4
H,5
E-6
E-5
C-7
E-8
F.10
D-8
D-7
G.3
G.2
8-6
G-4
- F.5
F.3
MIDDLE SCHOOLS
Code- .
30 IIlahee
31 Kilo
32 Lakota
33 Sacajawea
34 Saghalie
35 Totem
36 Federal Way Public Academy
E-9
G-6
D-6
E-5
'C-8
G-3
E-8
2
SENIOR HIGH SCHOOLS
Code- .
40 Decatur
41 Federal Way
42 Thomas Jefferson
45 Todd Beamer
49 Hany S. Truman
C-6
E..s
G-4
E-9
F-6
,-
Future School Sites -
Surpl~es -
10
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
SECTION 3 - SUPPORT DOCUMENTATION
Building Capacities - The Education Program
Portable Locations
Student Forecast - 2004 through 2009
Capacity Summaries
King County Impact Fees - Single and Multi Family Units
11
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
Building Capacities
This Capital Facilities Plan establishes the District's "standard of service" in order to
ascertain the District's current and future capacity. The Superintendent of Public Instruction
establishes square footage guidelines for capacity, but these guidelines do not take into
consideration the education program needs. The District has identified a Building Program
Capacity for each of the schools in the District. This Full Time Equivalent (FIE) capacity is
based on:
.
The number of classrooms available in each school
Any special requirements at each school
.
In general, the District's current standard provides that the average class size for a standard
classoom for grades K through 2 is 20 students. For grades 3-5 the standard is 25 students.
In 6th, 7th and 8th grade the standard classroom is 30 students. In sixth and seventh grade the
students are scheduled with block instruction and see only two teachers for core curriculum.
Teachers at this level see 60 students per day. At eighth grade, the teachers will see 90
students per day. For grades 9-12 the standard class size is 26 students.
In the 2003/04 school year, 17 of the 23 elementary schools offer all day Kindergarten. This
program does have capacity impacts, as the classroom is only available for one session of
Kindergarten for the full day. The program will be expanded to include an all day
Kindergarten program in every elementary school. The capacity calculations on page 13
reserve space for an all day Kindergarten program in each of the elementary schools.
12
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
BUILDING PROGRAM CAPACITIES
ELEMENTARY BUILDING
PROGRAM CAPACITY
MIDDLE SCHOOL BUILDING
PROGRAM CAPACITY
Adelaide - . 416
Brigadoon 470
Camelot 307
Enterprise 339
Green Gables 432
Lake Dolloff 450
Lake Grove 384
Lakeland 410
Mark Twain 454
Meredith Hill 397
MilTor Lake 339
Nautilus 435
Olympic View 384
Panther Lake 397
Rainier View 405
Sherwood Forest 454
Silver Lake 462
Star Lake 450
Sunnycrest 384
Twin Lakes 410
Valhalla 437
Wildwood 405
Woodmont 335
2004 TOTAL 9,356
Illahee 799
Kilo 799
Lakota 750
Sacajawea 774
Saghalie 694
Totem . - 734
Federal Way Public Academy 212
2002 TOTAL 4,762
I*Middle School Average
I 758 I
SENIOR HIGH BUILDING
PROGRAM CAPACITY
Decatur 1,476
Federal Way 1,588
Thomas Jefferson 1,544
Todd Beamer 1,364
Federal Way Public Academy 133
2004 TOTAL 6,105
I*Senior High Average
I 1,493 I
ALTERNATIVE SCHOOL BUILDING
PROGRAM CAPACITY
407
Ment ~chool 16
Truman High School 200
2004 TOTAL 216
JElementary Average
Notes:
* Federal Way Public Academy capacity is not used in the calculated average.
13
FEDERAL WAY PUBLIC SCHOOLS 20M/OS CAPITAL FACILITIES PLAN
Portable Locations
The Washington State Constitution requires the State to provide each student a basic
education. It is not efficient use of District resources to build a school with a capacity for
500 students due to lack of space for 25 students when enrollment fluctuates throughout the
year and from year to year. -
Portables are used as temporary facilities or interim measures to house students until
pennanent facilities can be built or boundary adjus,tments can be made. When pennanent
facilities become availabre,the portable(s)-is either used for other purposes such as ~torage or
child care programs, or moved to another school foF an interim classroom. Some portables
may not be fit to move due to age or physical condition. In these cases, the District may
choose to buy new portables and surplus these unfit portables. It is the practice and
philosophy of Federal Way Public Schools that portables are not acceptable as pennanent
facilities.
The following page provides a list of the location of the portable facilities, used for temporary
educational facilities by Federal Way Public Schools.
14
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
PORTABLE LOCATIONS
PORTABLES LOCATED
AT ELEMENTARY SCHOOLS
NON
INSTRUCTIONAL INSTRUCTIONAL
Adelaide .3
Brigadoon 1
Camelot 1
Enterprise 3
Green Gables 1
Lake Dolloff 2
Lake Grove 2
Lakeland 2
Mark Twain 3
Meredith Hill 3
Mirror Lake 4
Nautilus 1
Olympic View 2
Panther Lake 3
Rainier View 3
Sherwood Forest 4
Silver Lake. 4
Star Lake 4
Sunnycrest 1 1
Twin Lakes 2 1
Valhalla 2
Wildwood 4
Woodmont 3
TOTAL 58 2
PORTABLES LOCATED
AT MIDDLE SCHOOLS
NON
INSTRUCTIONAL INSTRUCTIONAL
Illahee 5
Kilo 7
Lakota 3
Sacajawea 4
Saghalie 4
Totem 5
Merit 2
30
15
PORTABLES LOCATED
AT SENIOR HIGHS
NON
INSTRUCTIONAL INSTRUCTIONAL
Decatur 5
Federal Way 1
Thomas Jefferson 3
-
TOTAL 9
PORTABLES LOCATED
AT SUPPORT FACILITIES
MOT 1
Illahee 3
TOTAL 4
HEAD START PORTABLES AT DISTRICT SITES
Mirror Lake 1
Sherwood Forest 1
Total 2
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
Student Forecast
Student enrollment projections are a basic component of budget development. Enrollment
projections influence many of the financial estimates that go into budget preparation. The
majority of staffing requirements are derived directly from the forecasted number of students.
Allocations-for instructional supplies and materials areillso made on the basis of projected
enrollment. Other expenditures and certain revenue projections are directly related to
enrollment projections.
Enrollment projections are completed annually in the Business Services Department.
Projections must be detailed at various levels, district total, school-'building totals-, grade level
and program level to include vocational and sp'Ðcial education students.
The basis of projections has been cohort survival analysis. Cohort survival is the analysis of
a group that has a cornmon statistical value (grade level) as it progresses through time. In a
stable population the cohort would be 1.00 for all grades. This analysis uses historical
infonnation to develop averages and project the averages forward. This method does not
trace individual students; it is concerned with aggregate numbers in each grade level. The
district has used this method with varying years of history and weighted factors to study
several projections. Because transfers in and out of the school system are cornmon, student
migration is factored into the analysis as it incre~es or decreases survival rates. Entry grades
(kindergarten) are a unique problem in cohort analysis. The district collects infonnation on
birth rates within the district's census tracts, and treats these statistics as a cohort for
kindergarten enrollment in the appropriate years.
The Federal Way School District is using various statistical methods for projecting student
enrollments. The resultant forecasted enrollments are evaluated below.
The first method is a statistical cohort analysis that produces ten distinct forecasts. These are
forecast of enrollment for one year. The projections vary depending on the number of years
of historical information and how they are weighted.
A second method is a projection using an enrollment projection software package that allows
the user to project independently at school or grade level and to aggregate these projections
for the district level. The Enrollment MasterTM software provides statistical methods
including trend line, standard grade progression (cohort) and combinations of these methods.
This software produces a five-year projection of school enrollment.
In November of 2001, the District contracted a demographer to develop projections for the
Federal Way School District. The report was complete in January 2002. The model used to
forecast next year's enrollment uses cohort survival rates to measure grade to grade growth,
16
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
assumes market share losses to private schools (consistent with county-wide average),
assumes growth from newhòtl~ing qr losses due to net losses from migration. This forecast
was provided as a range of thfeeÎjrojections;....:rhe report substantiated that for next year,
Federal Way expects little or no growth. The long-range forecast provided with this report
used a model with cohort survival rates and growth rates based on projected changes in the 5-
19 age group for King County. Most of the methods used for long range enrollment reporting
assume that enrollment is a constant percent of something else (e.g. population) or that
enrollment will mirror some projected trend for the school-age population over time. The
report included 5 different calculations to provide a range of possible projections for the
District to the year 2015. This model produces a projection that is between 24,000 and
26,000 when applied to the low, medium and high range modes. This provides a reasonable
range for long-range planning and is consistent with estimates from various models.
Long-range projections that establish the need for facilitieš are a modification of the cohort
survival method. The cohort method of analysis becomes less reliable the farther out the
projections are made. The Federal Way School District long-range projections are studied
annually. The study includes infonnation from the jurisdictional demographers as they
project future housing and population in the region. The long-range projections used by
Federal Way Public Schools reflect a similar age trend in student populations as the
projections published by the Office of Financial Management for the State of Washington.
Near tenn projections assume some growth from new housing, which is offset by current
local economic conditions. The District tracks new development from four pennitting
jurisdictions. Long range planning assumes a student yield from proposed new housing
consistent with historical growth patterns.
Growth Management requires jurisdictions to plan for a minimum of twenty years. The
Federal Way School District is a partner in this planning with the various jurisdictions
comprising the school district geography. These projections create a vision of the school
district in the future.
17
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
Full Time Equivalent Enrollment History and Projections
Simplified FTE (K Headcount = .5 FTE; Middle School FTE=.989 Headcount; Senior High FTE = .939 Headcount)
Total K -12 Percent
School Year Elementary Middle School Senior High FTE Change
1997-98 11,123 5,073 4,082 20,278
1998-99 11,480 5,080 4,120 20,680 1.9%
1999-00 11,622 5,110 4,348 21,079 1.9%
2000-0 I 11,640 5,300 4,390 21,330 1.2%
2001-02 11,498 5,331 4,415 21,244 -0.4%
2002-03 11,202 5,448 4,405 21,055 -0.9%
* 2003-04 9,127 5,518 6,327 20,972 -0.4%
P1004-05 8,988 5,541 6,494 21,023 0.2%
P1005-06 8,999 5,510 6,674 21,183 0.8%
P1006-07 9,079 5,379 6,785 21,243 0.3%
P1007-08 9,317 5,303 6,895 21,515 1.3%
P1008-09 9,506 5,3/3 6,882 21,701 0.9%
P2009-1O 9,636 5,379 6,883 21,898 0.9%
* New Configuration Elementary K-5 Middle School 6-8 High School 9-/2
Enrollment History and Six Year Forecast
23,000
2.5%
16,000
2.0%
22,000
21,000
1.5%
ë
5 20,000
u
't:I
ca
~ 19,000
...
GI
..Q
0
Ü 18,000
0
1.0%
GI
en
ca
GI
0.5% ~
.5
~
0.0%
17,000
-0.5%
-1.0%
15,000
-1.5%
<Q <Q <Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ <g, 'fu 1b v". ??> ~ ~ ~ ~ <b ~ ~
<g, 'fÞ ~ ~ ~ ~ ~ C? ~ ð' ~ <J, ~
~ ~ ~ èß, ~ >0
School Year
fiiI!IIIi!iIFTE
-+- Percent of Change
18
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
Capacity Summaries
All Grades, Elementary, Middle School, and Senior High Schools
The Capacity Summaries combine Building Capacity infonnation and the Student Forecast
infonnation. The result demonstrates the requirements for new or remodeled facilities and
why there is a need for the District to use temporary facilities or interim measures.
The information is organized in spreadsheet fonnat, with a page summarizing the entire
District, and then evaluating capacity vs. number of students at elementary, middle school,
and senior high levels individually.
The notes at the bottom of each spreadsheet provide infonnation about what facilities are in
place each year.
19
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - ALL GRADES
Actual - - Projected - -
CAPACITY 2003 2004 2005 2006 2007 2008 2,009
BUILDING PROGRAM
CAPACITY 20,439 20,439 20,413 21,087 21,061 21,035 21,035
Add or subtract changes to capacity
Special Education Changes (2(i) (26) (2(,) (26)
Truman High modernization and expansion
Increase Capacity at Three High Schools
New Middle School 700
Federal Way Public Academy
Todd Beamer High School
Adjusted Program Capacity 20,439 20,413 21,087 21,061 21,035 21,035 21,035
ENROLLMENT
Basic FIE Enrollment 20,972 21,023 21,183 21,243 21,515 21,701 21,898
Internet Academy Enrollment (AAFTE) 288 288 288 288 288 288 288
Basic FIE Enrollment without Internet Academy 20,684 20,735 20,895 20,955 21,227 21,413 21,610
SURPLUS OR (UNHOUSED)
PROGRAM CAPACITY
RELOCATABLE CAPACITY
Current Portable Capacity 2,394 2,394 2,394 2,394 2,494 2,594 2,462
Add/Subtract Portable Capacity .. .
Add New J(Jrl.aIJle CapacIty 100 100
Deduct Porl.ahh:, CapacilY
Adjusted Portable Capacity 2,394 2,394 2,394 2,494 2,594 2,594 2,462
SURPLUS OR (UNHOUSED)
PROGRAM AND RELOCA TABLE
CAPACITY 2,149 2,072 2,586 2,600 2,402 2,216 1,887
20
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - ELEMENTARY SCHOOLS
Actual - - Projected - -
CAPACITY 2003 2004 2005 2006 2007 2008 2009
BUILDING PROGRAM
CAPACITY 9,356 9,330 9,304 9,278 9,252 9,252 9,252
-
1. Special Education Changes (2(t) (26) (2(,) (2(í)
Adjusted Program Capacity 9,330 9,304 9,278 9,252 9,252 9,252 9,252
. -
ENROLLMENT
Basic FTE Enrollment 9,127 8,988 8,999 9,079 9,317 ~,506 9,636
2, Internet Academy (AAFTE) 32 32 32 32 32 32 32
Basic FTE Enrollment without Internet Academy 9,095 8,956 8,967 9,047 9,285 9,474 9,604
SURPLUS OR (UNHOUSED)
PROGRAM CAPACITY
235
RELOCATABLE CAPACITY 3.
Current Portable Capacity 1,450 1,450 1,450 1,450 1,450 1,450 1,450
. .
Add/SlIt'tract portable capacity
Adjusted Portable Capacity 1,450 1,450 1,450 1,450 1,450 I 1,450 1,450
SURPLUS OR (UNHOUSED)
PROGRAM AND RELOCATABLE
CAPACITY 1,685 1,798 1,761 1,655 1,417 1,228 1,098
NOTES:
1. Add Programs 2 ECEAP, 1 SBD (Severely Behavioral Disordered) and 1 Pre-School Program.
This reduces Basic Education capacity in the school years indicated.
2. Internet Academy students are included in projections but do not require full time use of school facilities.
3. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only,
The actual number of portables that will be used will be based on actual student population needs.
21
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - MIDDLE SCHOOLS
Actual - - Projected - - u
CAPACITY 2003 2004 2005 2006 2007 2008 2009
BUILDING PROGRAM
CAPACITY 4,762 4,762 4,762 5,462 5,462 5,462 5,462
.
I ..... ...
1. New Middle School 700
Adjusted Program Capacity 4,762 4,762 5,462 5,462 5,462 5,462 5,462
ENROLLMENT
-
Basic FfE Enrollment - 5,518 5,541 5,51.0 5,379 5,303 5,313 5,379
2. Internet Academy (AAFTE) 92 92 92 92 92 92 92
Basic FfE Enrollment without Internet Academy 5,426 5,449 5,418 5,287 5,211 5,221 5,287
SURPLUS OR (UNHOUSED)
PROGRAM CAPACITY
RELOCATABLE CAPACITY 3.
Current Portable Capacity 735 735 735 735 735 735 735
Add/Subtract portable capacity ..... .....
Add new portable capacity .... ...... ........ . ....
Adjusted Portable Capacity 735 735 735 735 735 735 735
SURPLUS OR (UNHOUSED)
PROGRAM AND RELOCA TABLE
4. CAPACITY 71 48 779 910 986 976 910
NOTES:
1. New Middle School to Open
2. Internet Academy students are included in projections but do not require full time use of school facilities.
3. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student population needs.
4. Capacity for unhoused students will be acconunodated with traveling teachers and no planning time in some classrooIT
22
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - SENIOR HIGH SCHOOLS
Actual - - Projected - -
CAPACITY 2003 2004 2005 2006 2007 2008 2009
BUILDING PROGRAM
CAPACITY 6,321 6,321 6,321 6,321 6,321 6,321 6,321
Add or subtract changes in capacity
~
Adjusted Program Capacity 6,321 6,321 6,321 6,321 6,321 6,321 6,321
ENROLLMENT
Basic FfE Enrollment 6,327- 6,494 6,674 6,785... 6,895 6,882 6,883
1. Internet Academy (AAFfE) 164 164 164 164 164 164 164
Basic Ed without Internet Academy 6,163 6,330 6,510 6,621 6,731 6,718 6,719
SURPLUS OR (UNHOUSED)
PROGRAM CAPACITY
RELOCATABLE CAPACITY 2.
Current Portable Capacity 209 209 209 209 309 409 409
3. Add new portable capacity 100 100
Adjusted Portable Capacity 209 209 209 309 409 409 409
SURPLUS OR (UNHOUSED)
PROGRAM AND RELOCA TABLE
4. CAPACITY 367 200 20 9 (1) 12 11
NOTES:
1. Internet Academy students are included in projections but do not require full time use of school facilities.
2. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student population needs.
3. Add Portable Capacity
4. Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classroorr
Puget Sound Early College will house approximately 60 of the unhoused students. Federal Way Public Academy may ~
to include grades 10 and II. This would provide program for additional high school students.
23
Page 1]
ven Wang - CFP Pg24.doc
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
King County, the City of Federal Way, and the City of Kent Impact Fee Calculations
Single and Multi-Family Residences
Each jurisdiction that imposes school impact fees requires that developers pay these fees
to help cover a share of the impact of new housing developments on school facilities.
To detennine an equitable fee throughout unincorporated King County, a fonnula was
established. This fonnula can be found in King County Code 21A and was substantially
adopted by the City of Federal Way and Kent. The fonnula requires the District to
establish a "Student Generation Factor" which estimates how many students will be added
to a school district by each new single or multi~family unit and to gather some standard
construction costs, which are unique to that district.
- STUDENT GENERATION FACTOR ANALYSIS
Federal Way Public Schools student generation factor was detennined separately for
single-family units and multi-family units. The factors used in the 2004/05 Capital
Facilities Plan were derived using actual generation factors from single family units
which were constructed in the last five (5) years. The multi-family yield is derived from
an average of other King County school districts.
- IMPACT FEE CALCULATION
Following the calculations for the student generation factor is a copy of the Impact Fee
Calculation for single family and multi-family units based on King County Code 21A and
the Growth Management Act.
~ Temporary Facility Cost is the average cost of a portable purchased within the last 12
months.
~ Site Acquisition Costs is the per acre cost of the last school site purchased (site 45);
this is a negotiated purchase price.
Single Family Units
Multi-Family Units
Plan Year 2004/05
Collection Year 2004
$2868.
$ 905.
Plan Year 2003/04
Collection Year 2003
$3269.
940.
kf
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
DEVELOPMENT
-
03) Hunter's Glen
03) Bluffs at Redondo
02) Cedar Heights Estates
02) Silverwood
01) High Point Park
01) Woodbrook
00) Village at Star lake
00) Dash Pointe
99) Greenfield Park
(99) Heritage Woods
Total
Student Generation
Number 01
Single Fam fly
Dwellings
38
30
38
68
16
93
26
31
27
111
478
Number 01
Multi-Family
Dwellings
0
0
0
0
0
0
0
0
0
0
0
Auburn
Issaquah
Kent
Lake Washinqton
Northshore
Average
STUDENT GENERATION
NEW CONSTRUCTION IN PRIOR 5 YEARS
Single Family Student Generation
Number 01
Elementary
Students
5
13
17
18
6
24
12
20
9
26
150
Number 01
Middle School
Students
10
6
9
15
2
7
7
5
5
12
78
Multi-Family Student Generation
Midd
hool
25
Number 01
Senior High
Students
6
5
6
13
7
16
8
6
2
12
81
Hi'
Elementary
Student
FAr.tnr
0 .
0.: . .
0 : ..
0
0
o. '
0 "
0 ." .
0...' ,
o. '.'.
- ._,
Middle School
Student
F:I,:~"r
.---
0
0
0
0
0
0
o.
0 . ¡
0 " . "
0
..-
..
--..
Senior High
Student
Factor
0.1579
0,1667
0.1579
0.1912
0.4375
0.1720
0.3077
0.1935
0.0741
0.1081
Total
Student
Ft'.l:!or
0'.6
0": 0
0 -.": 1
-.-
0 ---5
-.--
0 "5
-.,.--
0 . '4
-'---
1 . ,- 5
- -.-
1.\JuuO
0.5926
0.4505
IrtO;3'f~B.;< ,', .1):1632 'QJj~~$~ 'diß4i1'1
:hool
3
4
4
6
7
IMPACT FEE
School Site Acquisition Cost:
Facility
A
Cost I
A
Facility
C
Student
Factor
SFR
Elementary
Middle School
Sr High
creage cre apaclty
0.00 $0 407 0.3138 0.1190 $0 $0
................................. ................................. """""""""""""""'" ...................-............ .................................
2 \.80 .............~.g.?~?. 758 0.1632 0.0420 $412 $106
................................. ................................. ................................. """""""""""'.........'
4\.20 $82,733 1,493 0.1695 0.0530 $387 $121
TOTAL $799 $227
School Construction Cost:
% Penn Fac.l
T IS F
Elementary
Middle School
Sr High
ota )q t ost apaclty
96.32% $0 407 0.3138 0.1190 $0 $0
................................. """""""""""""""'" ............................,.... .............................,...
96.32% ....~}.~.¡~.~.~!.2~~.. 758 0.1632 0.0420 $3,806 $979
................................. """""""""""""""'" ................................. .................................
96.32% $46,468,638 1,493 0.1695 0.0530 $5,081 $1,589
TOTAL .. $8,887 $2,568
Facility
C
Student
Factor
SFR
Facility
C
Temporary Facility Cost:
% Temp Fac.
T IS
Elementary
Middle School
Sr High
ota sq Ft ost lze R FR FR MFR
3.68% SO 25 0.3138 0.1190 $0 $0
",'.m......................... ................................. ................................. ................................. .................................
3.68% SO 25 0.1632 0.0420 $0 $0
................................. ................................. ................................. """""""""""""""'" .................................
3.68% $82,151 25 0.1695 0.0530 $20 $6
TOTAL $20 $6
Facility
C
Student
Factor
SF
Facility
S'
State Matching Credit Calculation:
Boeck Cost! Sq. Ft.
S F S d
Elementary
Middle School
New Sr High
sq t tu ent atc
$129.81 80 0.00% 0.3138 0.1190 $0 $0
....,.........................,.. ................................. ................................. """""""""""""""'" .....................,...........
$129.81 110 0.00% 0.1632 0.0420 $0 $0
................................. ................................. ................................. ................................. .................................
S129.81 120 59.97% 0.\695 0.0530 $1,583 $495
Total $1,583 $495
State
M h
Student
Factor
SFR
Tax Payment Credit Calculation
Average Assessed Value (April 2004)
Capital Bond Interest Rate (March 2004)
Net Present Value of Average Dwelling
Years Amortized
Property Tax Levy Rate
Present Value of Revenue Stream
Student
Factor
MFR
Cost!
SFR
Cost!
MFR
Student
Factor
MFR
Cost!
SFR
Cost!
MFR
Student
Factor
M
Cost!
S
Cost!
Student
Factor
MFR
Cost!
SFR
Cost!
MFR
SFR
MFR
......~.~Pß~.2....... $44,571
.................................
4,35% 4.35(%
................................. .................................
....~.!~ZQ~¡?'~.~..... ......~~~.~.¡~.2L.....
10 10
................................. .................................
$1040 $1.40
$2,387 $497
Mitigation Fee Summary
Site Acquisition Cost
Permanent Facility Cost
Temporary Facility Cost
State Match Credit
Tax Payment Credit
Sub-Total
50% Local Share
Single Family Multi-Family
Residences Residences
$ 799 $ 227
$ 8,887 $ 2,568
$ 20 $ 6
$ (1,583) $ (495)
$ (2,387) $ (497)
$ 5,737 $ 1,809
$ 2,868 $ 905
$ 2,868 $ 905 ~
~Impact Fee
~ I¥Å ~ Þb .
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
IMPACT FEE
School Site Acquisition Cost:
Facility
A
Elementary
Middle School
Sr High
creage cre apaclty
0.00 .........,.,.............J9.. 407 0.3138 0.1190 $0 $0
"""""""""""""""'" ................................. """""""""""""""'" """""""""""""""'"
21.80 ............J~??~~?. 758 0.1632 0.0420 $412 $106
.................................. """""""""""""""'" """"""".............,..". """""""""""""""'"
41.20 $82,733 1,493 0.1695 0.0530 $387 $121
, TOTAL $799 $227
Cost I
A
Facility
C
Student
Factor
SFR
School Construction Cost:
% Perm Fac.!
T talS F
Elementary
Middle School
Sr High
0 )q t ost . apaclty S R MFR
96.32% .........................J9.. 407 0.3138 0.1190 $0 $0
"""""""""""""""'" ...............................,. """""""""""""""'"
96.32% ....g~.,~.~.~!.~~.§.. 758 0.1632 0.0420 $4,138 $1,065
................................. ...,............................. """""""""""""""'" .................................
96.32.% $46,468,638 1,493 0.1695 0.0530 $5,081 $1,589
TOTAL- $9,219 $2,654
Facility
C
Studpnt
Factor
SFR
Facility
C
Temporary Facility Cost:
% Temp Fac.
T alS F
Elementary
Middle School
Sr High
ot iq t ost lze FR MFR
3.68% $0 25 0,3138 0.1190 $0 $0
""""""""""""""""" """""""""""""""'" .....,.....".........,.......... ............................."" ........,.......................,
3.68% $0 25 0.1632 0.0420 $0 $0
............,...................., ................................, """""""""""""""'" ................................. .................................
3.68% $82,151 25 0.1695 0.0530 $20 $6
TOTAL $20 $6
Facility
C
Student
Factor
SFR
Facility
S'
State Matclùng Credit Calculation:
Boeck Cost! Sq. Ft.
S F S d
Elementary
Middle School
New Sr High
)q t tu ent atc
$129.81 80 0.00% 0.3138 0.1190 $0 $0
............."................... """""""""""""""'" """""""""""""""'" ................................, """"""'................"..
$129.81 110 0.00% 0.1632 0.0420 $0 $0
"""""""""""""""'" """""""""""""""'" """""""""""""""'" """""""""""""""'" .................................
$129.81 120 59.97% 0.1695 0.0530 $1,583 $495
Total $1,583 $495
State
M h
Student
Factor
SFR
Tax Payment Credit Calculation
Average Assessed Value (April 2004)
Capital Bond Interest Rate (March 2004)
Net Present Value of Average Dwelling
Years AIIlOrtized
Property Tax Levy Rate
Present Value of Revenue Stream
Single Family Multi-Family
Residences Residences
$ 799 $ 227
$ 9,219 $ 2,654
$ 20 $ 6
$ (1,583) $ (495)
$ (2,387) $ (497)
$ 6,069 $ 1,895
$ 3,034 $ 947
: 947 ij
$ 3,034 $
26
Mitigation Fee Sununary
Site Acquisition Cost
Permanent Facility Cost
Temporary Facility Cost
State Match Credit
Tax Payment Credit
Sub-Total
50% Local Share
~Impact Fee
Student
Factor
MFR
Cost!
SFR
Cost!
MFR
Student
Factor
MFR
Cost!
F
Cost!
Student
Factor
MFR
Cost!
S
Cost!
Student
Factor
MFR
-- . ""'.
Cost!
SFR
Cost!
MFR
SFR
MFR
...J~!}!.~~~....... .....J~!~D.........
4.35% 4.35%
"""""""""""""""'" ..................,...............
....E:29.~!.Z.?_~..... ....J~.?~!.?2L.....
10 10
....................,............ """""""""""""""""
$1.40 $1.40
$2,387 $497
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
SECTION 4
SUMMARY OFi(1HANGES FROM THE 2002/03 CAPITAL FACILITIES PLAN
- -
The 2004/05 Capital Facilities Plan is an updated document, based on the 2003/04 Capital
Facilities Plan. The changes between the 2003/04 Plan and the 2004/05 Plan are listed
below.
SECTION I - THE CAPITAL FACILITIES PLAN
.."
SIX-YEAR FINANCE PLAN
The Six Year Finance Plan has been rolled forward to reflect 2004/2009
SECTION ill - SUPPORT DOCUMENTATION
CAPACITY
Elementary school capacity reflects program changes for the 2004/05 school year. Middle
School capacity changes reflect the transition from Junior High to Middle School and Board
adopted program changes for the middle school program. Elementary capacity includes space
for AU Day Kindergarten programs at every elementary schooL Building Program Capacities
are found on page 13.
PORTABLES
The list of portables reflects the movement of portables between facilities or new portables
purchased. Portable Locations can be found on page 15.
STUDENT FORECAST
The Student Forecast now covers 2004 through 2009. Enrollment history and projections are
found on page 18.
CAPACITY SUMMARY
The changes in the Capacity Summary are a reflection of the changes in the capacities and
student forecast. New schools and increased capacity at current buildings are shown as
increases to capacity. Capacity Summaries are found on pages 20-23.
27
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION - KING COUNTY CODE 21A
The Impact Fee Calculations have changed due to changes in several factfus. The adjustment
made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2003/04
Capital Facilities Plan and the 2004/05 Capital Facilities Plan can be found on page 29.
~ " ,- .;~""'-'
28
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FA.CILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2002/03 TO 2004/05
STUDENT GENERATION FACTORS
Student Generation factors are based on rates for new developments constructed over a
period of not more than five years prior to the date of the fee calculation. The changes in
student Generation factors between the 2003/04 Capital Facilities Plan and the 2004/05
Capital Facilities Plan are due to developments that were deleted or ~dded based upon the age
of the developments and the year placed in the survey. The Student Generation worksheet is
found on page 25.
SITE ACQUISITION COSTS
The negotiated purchase price for the Todd Beamer High School site was $80,000 per acre.
This is the base line cost for acreage. The assessed valuation for the Federal Way Public
Academy land was $521,000 at the time of purchase.
The calculated cost per acre in the impact fee calculation is a weighted calculation using the
$80,000 per acre for Todd Beamer and the assessed valuation at the time of purchase for the
Federal Way Public Academy. Federal Way Public Academy is a 3-acre site. The grade span
for this facility is grades 6-10. Middle school accounts for 60% of the cost; senior high is
40%.
Todd Beamer: 40 x $80,000. = $3,200,000.
FWPA $ 208,600 (40% of $521,500, 1.2 acres of 3 acre parcel)
Total Cost $3,408,600
Cost/Acreage $3,408,600/41.2 = $82,733 Cost per acre for High School
Middle School: 20 x $80,000 = $1,600,000
FWP A $ 312,900 (1.8 acres of 3 acre parcel)
Total Cost $1,912,900
Cost/Acreage $1,912,900/21.8 = $87,747 cost per acre
SCHOOL CONSTRUCTION COSTS
Todd Beamer construction costs is $44,500,000. The costs for the new middle school are set
at $15,400,000. The cost for Federal Way Public Academy (exclusive of land) is $4,921,594
The Federal Way Public Academy costs are split 60% to middle school and 40% to senior
high in the impact fee calculation.
29
FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2002LD3 TO 2004/05
IMP ACT FEE
Item
- Percent of Permanent Facilities
Percent Temporary Facilities
Temporary Facility Cost
Boeck Cost/Sq. Ft
State Match
Average Assessed Value
Capital Bond Interest Rate
Property Tax Levy Rate
Fromffo
96.41 to
96.32%
3.59% to
3.68 %
$79,695. to
$82,151.
$114.88 to
$129.81
60.91 % to
59.97%
SFR-
$203,630 to
$213,859
MFR-
$51,340 to
$44,571
4.69% to
4.35%
$1.46 to
$1.40
Comment
Report #3 aSPI
Updated portable inventory
A verage cost of temporary facilities in
the 2002/03 calendar year.
Change per aSPI
Change per aSPI
Per Puget Sound Educational Service
District (ESD 121)
Market Rate
King County Treasury Division
30
~
CITY OF" ~~
Federal Way
DATE:
TO:
FROM:
VIA:
SUBJECT:
July 29, 2004
Jack Dovey, Chair
Land Use and Transportation Committee
Maryanne Zukowski, P.E. ~
David H. M~anager
City Center AC~S~ Study - Briefing #3 Project Update
BACKGROUND: The City of Federal Way, in conjunction with our project partners, the Washington State
Department of Transportation (WSDOT), Federal Highways Administration (FHWA), puget Sound Regional
Council (PSRe), and the additional supporting agencies (the "Core Team") are performing a feasibility study to
determine viable access solutions to the safety issues and the congestion at the interchange of S 320th Street
and Interstate 5 access to the Federal Way City Center.
The interchange is experiencing significant congestion for many hours of the day and is currently at capacity.
If a successful and viable access solution is found, Federal Way will proceed in developing an Access Point
Decision Report (APDR) to submit to the WSDOT. With City and State approval the report would go to the
FHWA. An APDR is the initial step required by FHWA before changing an interstate highway interchange.
This is the third in a series of Land Use and Transportation Committee (LUTe) briefing updates of the current
schedule and milestones accomplished to date for the project.
Briefing #1 presented the Public Involvement and Communications Plan, the Project Work Plan, the Purpose
and Need statement, the project issues map, and the study area of the project.
Briefing #2 was presented by CH2M Hill, the engineering consultant, and provided an update from project
beginning to the development of 47 project alternatives in this project study.
Briefing #3 presents:
.
An Overview of the Evaluation Process of the project.
The Levell Fatal Flaw Screening results of 15 alternatives remaining from the first 47
alternatives will be presented in Powerpoint.
Level 2 Screening process and status of the Consultant Team, the Core Support Team,
and the Stakeholder Team will be presented.
Level 3 Screening process expectations for the next steps will be presented.
Additional work item requests from the Stakeholder Team will be presented and is
contained within this memo as noted below for:
1. Additional Alternatives Analysis
2A. Additional Public Involvement completed to date.
2B. Additional Public Involvement Campaign
.
.
.
.
An Overview of the Evaluation Process of the Project
AGURE 1 - EVALUA nON PROCESS
ADDmONAL WORK ITEM REQUESTS FROM THE STAKEHOLDER TEAM
As part of this project, representing the public interest is the 32-member Stakeholder Team. The Stakeholder
Team represents a wide and full range of interest and expertise. That experience ranges from former council
members, ex-City Managers, City staff, Public Safety & Fire Department representatives, Chamber of
Commerce President, business owners, private interest groups, and citizens.
1. Additional Alternatives Analysis
The Stakeholder Team is requesting to add alternative ideas, modify existing alternatives, and bring back
screened alternatives. The request would add costs to the current contract with CH2M Hill and Core
Support Team to perform the requested additional work. The Core Support Team must also approval the
addition of alternatives to this process.
The project study has completed the Levell Fatal Flaw Screening Analysis, beginning with 47 alternatives
as prepared by the Core Support Team and additional experts. Many of the alternatives evaluated to date
were prepared and submitted by the citizens and staff. The Levell screening resulted in 15 remaining
alternatives to be further filtered through to the Level 2 screening. Level 3, the next screening, further
reduces the alternatives to a preferred alternative(s). If funding were available, the preferred
alternative(s) would then be brought forward into the environmental review process, most likely the
Environmental Assessment (EA), and/or Environmental Impact Study (EIS). If approved, the preferred
alternative would then be included in an APDR review request.
The Stakeholder Team has formally requested to forward one of the deleted options to the Level 2
analysis (please see the attached EXHIBIT A). A similar alternative remains in the Level 2 screening
designated as H4 Ring Road (please see the attached EXHIBIT B). Staff is requesting that this alternative
Due to the similarities of the two alternatives, staff is seeking Council direction on the Stakeholder Team's
request.
The estimated scope and budget increase to the current contract for each new or revised alternative is:
$12,500 to $17,500.
2A. Additional Public Involvement Completed to Date.
The Stakeholder Team has requested additional public involvement beyond what was provided for in the
Consultant's contract's scope of work for this project. The current contract's scope of work provides for
agency and community coordination that includes a Public Involvement and Communications Plan.
Implementation of that plan per the contract is listed below. The purpose of the additional public
involvement request by the Stakeholders is to engage the community in the City Center Access Project to
a greater extent.
Potential benefits from this request:
.
A community of citizens and businesses more aware, informed, and involved with the
development and endorsement of a preferred solution(s).
.
A higher level of consensus and ownership within the community creating needed momentum for the
project to obtain additional funding; further ensuring a defensible solution.
The current scope of work for the public involvement and communications plan was based upon previous
City of Federal Way transportation projects and the Triangle Study.
Task 2 of the current consultant contract -"Agency and Community Coordination" provides a budget of
$49,103.00 and includes the following products:
. 2 project flyers
. 2 newsletter articles
. 6 Stakeholder project meetings
. 6 lUTC or Council briefings
. 2 public open houses
For the first public open house, anticipated responsibilities of staff included the following tasks:
.
Printing and distributing 4,000 flyers to:
. Chamber of Commerce
. Public Library
. Project Signs
. City Hall
. Ten local agencies (the Cities of Milton, Kent, Des Moines, and Tacoma; Sound Transit,
WSDOT, King County Transportation, King County Metro, WSDOT HQ, and the WSDOT
Urban Corridors Office)
. Lakehaven Utility District
. The Commons
. City of Federal Way Police Department
. Federal Way Fire Department
Press Releases
Notification on the City of Federal Way Web Page
Spring City Newsletter Article
Advertisement of the first Open House in the Mirror and the Tacoma News Tribune
Meeting with the Mirror representative in person and over the telephone to develop three
articles on the Public Open House and the project
Multiple e-mail distribution with flyer attachments
.
.
.
.
.
.
To date, staff has completed additional public involvement at the request of the Stakeholder Team. The
Federal Way Chamber sent a formal written request to represent the Stakeholder Team's request for
additional education and involvement of the project process. They further requested to slow the pace of the
project study's schedule to accommodate the additional education. Added support by staff is noted below:
.
Public Involvement Communication Plan revisions in schedule and scope.
Five additional Stakeholder Meetings and work sessions for a total of 11 meetings.
Additional staff hours to support five additional meetings and to extend the hours of the six
meeting scheduled under the current contract.
Additional response to comments from the Stakeholder Team.
.
.
.
28. Additional Public Involvement Campaign
In addition to the support noted above, the Stakeholder Team has requested that specific additional public
involvement be performed. The request is for additional media advertising, marketing analysis, one-on-
one meetings and contacts, additional public forum presentations, and targeting response and
involvement from the public at large. This also requires a revision and a supplement to Task 2.1 Public
involvement and Communication plan of the consultant's contract.
Staff has prepared a list of work tasks and an estimate of additional consultant costs to perform the
additional services requested, as noted below:
.
Supplement and Revise the current Public Involvement and Communication
(The plan is a report of tasks and schedule of activities
linked to other portions of the project outlining agendas and activities.)
$6,000.00
.
Public involvement outreach and Additional Marketing Analysis
and Targeting. (The scope would be setting up meetings, attending
meetings with business owners, agencies, and private groups, knocking
on doors, and presenting information at other meetings.
The scope would also include evaluation of demographic/employment
information and previous City of Federal Way Public Involvement Plans
and target areas that requires a greater success rate needs in reaching
Public audience.) $27,000 - $40,000
.
Additional (4) Public Forums and Presentations
$21,400
.
Citywide mailing of project information to 40,000.00 residences
$40,000
.
Response to comments, by phone, e-mail, and letters
$12,000
$106,400 - $119,400
Total budget estimate of cost of this request is:
2C. Videotaping Stakeholder Meetings, Public Open Houses, and Producing those Tapings for
Viewing to City Web Site and Cable Access Network
Staff has also received a specific request in conjunction with additional public involvement for videotaping
Stakeholder meetings, public open houses and producing those tapings for viewing to City web site and Cable
Access Network. The Stakeholder Team has not reached a consensus on moving forward with this activity.
Proponents For:
.
Members of the Stakeholders Team feel it is necessary to get the attention of citizens in the
community as their involvement is needed for the project. To date, it has been difficult to engage
the public Supporting this issue is that people are busy and have a tendency to ignore issues
unless a personal cord is struck and impacts their wallet, or family.
The Stakeholders suggest broadcasting their meetings and public open houses so that viewers can
watch and listen to discussions. This would provide an opportunity to witness the thoughts and
public discussions of their fellow local citizens.
.
Public support would be generated by this media outreach, thus building consensus of the project
and increasing community understanding and support.
.
This activity will assist in bringing awareness to the public of this project in the early stages. The
activity will also enable airing public concerns early in the project and help address those
concerns.
.
The support activity brings project process awareness to the public and contributes to the defense
of the project.
Proponents Against:
.
One concern is that based on experience, videotaping can be counter-productive. Another
concern is the cost versus number of viewers reached.
.
Within the group there is a strong opposition against videotaping and replaying the meetings. The
concern is that the meetings are too long, and would change the tenor of open discussion. It has
been expressed that some feel it is inappropriate to permanently record the meetings which are
open to the public.
.
Concern was expressed that videotaping should have been part of the discussion when people
were asked/applied to join the Team.
.
Concern about beginning the videotaping in the middle of the process would be confusing to the
public; the taping should have begun at the beginning of the discussions. Members feel that
understanding the study process has been very challenging and that the public would most likely
feel confused at this point.
.
Concern was raised that videotaping tends to temper spontaneity and candidness. Another
concern was, "Who is going to take the time to edit this?" "Is this a good use for City resources?"
"Minutes or quotations would seem to be just as effective, but I have no reason to oppose this if
that is what the group wants".
.
There was further concern regarding presentations of very complicated traffic information that
may be misinterpreted by the public if not properly edited for explanations. Furthermore, there
was concern that the public would not be able to ask questions on material presented.
Currently, the staffing levels and the consultant's contract do not provide for additional work on producing,
editing, and videotaping the Stakeholder meetings and public open houses. The in-house cost estimate
for six Stakeholder meetings and one public oPen house is $7,770. It is assumed that the additional
budget in Item 2A would be adequate to provide for response to any additional public comment from the
videotaped meetings.
RECOMMENDATION:
Staff is seeking direction from City Council on how to proceed with Stakeholder requests.
If the City Council elects to expand the project study scope and budget, staff recommends funding additional
costs with the 2004 ending fund balance from the Public Works Department.
cc:
Project File
Day File
K:\LUTC\2004\revised oty Center Access Study Project Update Briefing #3.doc
EXHIBIT A - MODIFIED F4 FROM ORIGINAL 47 OPTIONS PRESENTED IN LEVEL 1 SCREENING
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a Ring road in the counter-clockwise
direction will also be considered.
S. 333rd Sl
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L316 WB L324 EB COUPLET
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Local Adoption of State Building Code
Information to be Presented by
Mary Kate Martin, Building Official