June 7, 2010 To: From: Subject: Mayor Gerken and City Councilors Greg S.

Brown, Parks & Recreation Director Summit Park & Ballfields – Continued Preliminary Master Plan Review

Staff presents phasing alternatives and cost estimates for Council review and feedback. Background On March 1, 2010, City Council reviewed the preliminary master plan for the Summit Park and Ballfields site. The presentation that evening included a recap of the project, its geographic location, and the project planning to date resulting in the preliminary master plan recommendation. In addition, staff from the Bonneville Power Administration (BPA) spoke about the potential restrictions in and around the 375 foot wide BPA easement on the land, and provided information regarding electric and magnetic fields (EMF) and there effects. BPA staff also noted that there will likely be a second line installed in the area sometime in the future, and it could be a higher voltage line (500KV) than is currently in place (230KV), and the restrictions could be different if that were built. Staff confirmed that the additional line was taken into consideration in the master plan. Furthermore, BPA staff said that at this point there is nothing to suggest that the City could not move forward with its proposal from a regulatory perspective. At the conclusion of the presentation, there was Council concurrence to move forward with the proposed master plan as recommended by the stakeholder group, and staff was directed to provide further information on the following items for Council’s next review:   Investigate use of King County owned .23-acre parcel that is adjacent to the park that would allow for greater flexibility in design of Summit Park; Evaluate and compare the proposed synthetic turf option with natural grass;

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Review the location of the proposed multi-modal trail on the north side of the property and how it would link up to any future access road should that occur; Develop a phasing plan and associated costs for the first phase of construction; Receive necessary approvals to use BPA’s easement area for developing the proposed master plan; Take a further look at information regarding Electric Magnetic Fields (EMF) and how to mitigate impacts. Compare costs of developing an access road off of SR169 with the proposed access road off of SE 276th St.

Discussion Tonight, City staff along with members of the consultant team have returned to present information requested by Council at the March 1st meeting. 1. Investigate use of the King County owned .23-acres adjacent to Summit Park. Staff has been in contact with King County staff, and they are in favor of the City of Maple Valley using the parcel for developing the park. The preliminary master plan (Attachment 1, slide #2) reflects the anticipated use of the parcel. Given Council direction, staff will begin negotiations on developing an easement agreement or the outright transfer of the parcel with the County. 2. Evaluate and compare the proposed synthetic turf option with natural grass. The consultant has prepared a cost comparison (Attachment 1, slide #4) showing the initial cost of each option which includes factoring in maintenance costs over a ten (10) year period. In addition, the comparison breaks down the cost per hour of use with each option. 3. Review the design of the proposed multi-purpose trail on the north side of the property. Should future development of the privately owned properties to the north or west of the park site require an alternative access road connecting to the Summit Park site, a 30-foot buffer along the north boundary of the property has been built into the draft plan for a future road. Adjacent to this buffer, is a 12-oot wide multi purpose trail. The consultant has included a sketch (Attachment 1, slide #5) of the proposed section showing distances between a future road and the proposed trail.

4. Develop phasing plans and cost estimates for the first phase of construction. The consultant has developed three (3) possible phasing plans and cost estimates (Attachment 1, slides #6, #7, #8, and #9) for Council’s consideration. All three phasing plans were presented to the stakeholders on April 26th, and their unanimous choice was phase 1B.   Phase 1A does not include any sports fields. It does include one unlit tennis court and associated utilities, entry road, parking, trailhead access, etc. Phase 1B includes one lighted rectangular sports field and associated utilities, entry road, parking, trailhead access, etc. This option does not include a restroom or concession stand. Portable toilets would need to be utilized until a restroom is built. Phase 1C includes one lighted rectangular sports field, one lighted youth softball/baseball field and associated utilities, entry road, parking, trailhead access, etc. This option does include a restroom and concession stand.

5. Receive approval to use BPA’s easement area for developing the proposed park. The City submitted an application to BPA to request use of BPA’s right of way and received (Attachment 2) a land use agreement on May 17th. The agreement stipulates the conditions that must be complied with to construct the proposed park. All conditions (other than a final grading plan) have been complied with in the preliminary master plan. Prior to construction, the City’s design documents will need to be reviewed by BPA, and must conform to all specified conditions as outlined in the agreement. 6. Take a further look at information regarding Electric Magnetic Fields (EMF) and how to mitigate that. There are numerous studies that have been developed over the years regarding the effects of EMF. I have included in your packet a fact sheet produced by the World Health Organization (Attachment 4), that address issues associated with exposure to EMF. In researching this issue with other area facility providers, no entities were found that have policies or signage in place that warn facility users about possible effects of EMF, or that they will, or should expect, to experience nuisance shocks from high voltage lines on or near their facility. At this time, staff does not recommend that Council adopt policy to address this issue.

7. Compare costs of developing an access road off of SR169 with the proposed access road off SE 276th St. The cost to construct the proposed park entry road off SE 276th Street is approximately $350,000 for a 1,400 foot long, 24-foot wide entrance road with a 6-foot wide concrete sidewalk. If you add approximately $90,000 for design, project management and construction administration then the total cost for the park entry road off of SE 27th Street would be $440,000. In comparison, the cost to construct an entry road off SR169 would be approximately $1.625 million as follows:  The construction of a new intersection on SR169 for the entrance at a cost of approximately $400,000.  The construction of the entry road of approximately 400 feet in length (24 foot wide and 6’ concrete sidewalk) at a cost of approximately $100,000.  Design, project management, and construction administration for the project would cost approximately $125,000.  Purchase of right-of-way for the entry road which would require purchasing the entire lot south of Goodwill since the roadway would be splitting the lot in two. The total cost for this purchase would be approximately $1,000,000.

Fiscal Impact
The total Phase 1 budget as identified in the 2010 Final Budget is $3,250,000. The current cost estimates for Phase 1 is $7,476,181 ($750,489 for management and engineering and $6,725,692 for construction). This excludes changing the entrance to Summit Park as described in 7 above. Per the consultant budget Phase 1 can be split into three sub phases. Only sub Phase 1A is within the existing budget but with no State grant applicable to sub Phase 1A, a voted bond issue is needed to proceed with the project without a repriortization of Park Development and Real Estate Excise Tax Funds. The components of the cost and funding sources are identified below.
Phase 1 Prior Years Expenditures Capital Project P3 Summit Balfields Management & Engineering Acquisition Construction $ Sources of Funding State Grants General Fund Park Development Fund Real Estate Excise Tax Fund Voted Bond Issue $ 860,054 $ 33.24% 32,500 827,554 $ 1,500,000 99,240 595,720 1,055,529 3,250,489 $ 99,240 570,000 1,055,529 948,563 2,673,332 $ $ 250,000 $ 99,240 580,000 1,055,529 2,949,114 4,933,883 $ 250,000 $ 99,240 580,000 1,055,529 5,491,412 7,476,181 $ 5,491,412 4,241,412 $ (1,250,000) 212,000 (266,000) (746,000) 9,200,000 8,400,000 $ $ 250,000 311,240 346,500 1,137,083 14,691,412 16,736,235 $ 89,570 $ 760,092 10,392 860,054 $ 750,489 $ 2,500,000 3,250,489 $ 1,922,843 2,673,332 $ 4,183,394 4,933,883 $ 6,725,692 7,476,181 $ 4,225,692 4,225,692 $ 7,900,000 8,400,000 $ 750,489 $ 750,489 $ 750,489 $ - $ 500,000 $ 1,340,059 760,092 14,636,084 16,736,235 Total Budget 1A 1B 1C Funding Needed 2012-2013 Budget Total Project Phase 1 & 2

With Phase 1 of the project costing $4,225,692 more than budgeted and grant availability projected at $1,250,000 below what had been estimated, an additional $5,475,692 is needed to fund the entire Phase 1 project. Funding only Phase 1A requires an additional $948,563. Funding Phase 1B, assuming a State grant of $250,000, requires an additional $2,949,114. With other projects currently listed in the City's 2010-2015 Capital Improvement Program, other City funds for even Phase 1A are not available without a reprioritazation of projects. The only other alternative at this point would seem to be a Phase 1 voted bond issue. If a voted bond issue is proposed, it should most likely be for the entire project, both Phase 1 and Phase 2. Currently budgeted uses of the Park Development and Real Estate Excise Tax Funds in the 20102015 Capital Improvement Program are shown in an attachment to this agenda memo. With ending the federal housing stimulus program potentially reducing park impact fees and the continued slow housing market reducing real estate excise taxes, the 2011-2016 Capital Improvement Program may be require the reduction or deferral of currently budgeted projects. Also included as an attachment to this memo is sample debt service schedule for the $14,900,000 required to fund both Phase 1 & 2. Amount includes and estimated $209,000 of debt issuance costs. The voted bond proposal includes both phases as it doesn't seem to make sense to have two separate votes on the same project.

Direction Sought Staff seeks council direction and feedback on the proposed phasing plans as well as the final preliminary master plan. Should Council have any suggested changes, they will be incorporated into the plan, and a final master plan will be brought back to Council for adoption at a later date. Attachments 1. 2. 3. 4. 5. PowerPoint Presentation (not numbered within the packet) Preliminary Master Plan – Full Build Out BPA Land Use Agreement World Health Organization Fact Sheet Budget information

SUMMIT PARK AND BALLFIELDS PRELIMINARY MASTER PLAN
MAY 2010

QUESTIONS?

AFTER RECORDING, RETURN TO Bonneville Power Administration 28401 Covington Way SE Kent, WA 98042

U.S. DEPARTMENT OF ENERGY-BONNEVILLE POWER ADMINISTRATION

Date: May 17, 2010 CASE No. 20100351 TRACT No. 3C-GC-20-A-15 & C-GC-5-A-15 LINE: Tacoma- Grand Coulee No.1 ( Structures 5/4 & 5/5 Covington- Columbia) City of Maple Valley Parks and Recreation P.O. Box 320 Maple Valley, WA 98038 LAND USE AGREEMENT Bonneville Power Administration (BPA) hereby agrees to your use of BPA's easement area for construction/installation, use, and maintenance of the Summit Park and Ball fields. The location of your use is partially within the NW ¼ NE ¼ of Section 34, Township 22 North, Range 6 East, Willamette Meridian, King County, State of Washington, as shown on the attached segment of BPA Drawing No. 103220, marked as Exhibit A and the city’s submitted drawing marked as Exhibit B. You shall not make any changes or additions to your use of the right-of-way without BPA's review and written approval. Any other uses and utilities on the right-of-way must be applied for separately. Please note that BPA is not the owner of this property. If you are not the owner, you must obtain the owner(s) permission to use this property. There may also be other uses of the property that might be located within the same area as your project. This agreement is subject to those other rights. This agreement is revocable at will by BPA and does not modify, change, or otherwise alter the rights BPA acquired by Deed. BPA may terminate this agreement upon 30 days written notice.

The subject use of this easement area has been determined not to be a hazard to, or an interference with, BPA's present use of this easement for electric transmission line purposes. Accordingly, there is no present objection to such use. However, if BPA should determine at any time, that your use has become a hazard to the presently installed electrical facilities of BPA, or any facilities added or constructed in the future, or if such use should interfere with the inspection, maintenance, or repair of the same, or with the access along such easement, you will be required to stop your use or remove such hazard or interference from the right-of-way at no expense to BPA. BY ACCEPTING THIS LAND USE AGREEMENT YOU ARE AGREEING TO THE FOLLOWING CONDITIONS 1. It is expected that people will experience nuisance shocks while using this facility. Nuisance shocks are common on high voltage transmission line rights of way. Please plan your uses taking this into consideration. 2. Maintain a minimum distance of at least 50 feet between your facilities and the point where the transmission line steel lattice structure enters the earth. If this clearance cannot be met, install guard devices such as barriers, guardrails, or posts, for the protection of BPA's structures. Specifications and installation plans for these protective structures must be submitted to and approved by BPA prior to construction. 3. Design and build the roadways, trails and parking areas to withstand HS-20 loading from BPA’s heavy vehicles. 4. Maintain a minimum distance of at least 50 feet from steel lattice structure. 5. BPA shall have the right to use the parking area for access to its structures, both to and along its transmission line right of way, for maintenance purposes. 6. Provide an approach and curb cut, as necessary, off of the edge of the roadway, wide enough to turn into 16 foot roadway used to access transmission lines and towers. 7. Maintain a minimum distance of at least 15 feet between your facilities and the transmission line. 8. Lighting standards and basketball hoops and standards shall maintain a height above grade of no more than 12 feet. 9. A safety watcher will be required when equipment will be operating on BPA easement right of way and within 20 feet of the transmission lines. 10. Restore BPA's right-of-way to its original condition, or better following construction. No grade changes to facilitate disposal of overburden shall be allowed. If the design of the roadway, parking area or park requires cutting or filling, the elevations of the proposed finished grade and original ground grade shall be submitted to this office for final approval. 11. At the date of this Land Use Agreement, there has not been a submittal of a final grading plan for the park and ball fields. It is our understanding that there will be fill placed within the easement right of way. Because of the proposed fill being planned for the easement right of way certain restrictions must be placed on the parking within the easement right of way. Those restrictions are as follows: No parking shall be allowed within the easement from approximately 350 feet back

on line (generally west) of the structure at 5/5 of the Covington- Columbia Line to a point approximately 700 feet back on line from the structure at 5/5 of the same Covington- Columbia Line. Additional restrictions must be placed upon the area within the easement from 200 feet Back on Line of Structure 5/5 and 850 feet Back on Line of Structure 5/5 that there shall be no parking of large vehicles (semi trucks, buses, etc.). 12. There have been no plans submitted to BPA for the planting and caring for vegetation and ornamental trees and landscaping within the easement right of way. All plans for vegetation and ornamental trees and landscaping must be submitted to BPA for review and determination of applicable restrictions before planting. Any vegetation exceeding the height or obstruction limitation will be removed by BPA. 13. No structures shall be constructed within the easement right of way. 14. No storage of flammable materials or refueling of vehicles or equipment within the easement area. 15. Access to BPA transmission line system by BPA and/or its contractors shall not be obstructed at any time. 16. Construction of an additional transmission line(s) within the currently unoccupied portion of this right-of-way or a rebuild of the existing transmission line may require the City to modify or remove their use at that time. This could result in additional parking restrictions at no expense to BPA. 17. A separate application must be submitted for any additional uses of the easement right of way, included buried utilities. 18. Modification of your present use requires BPA's written approval prior to implementation. IN ADDITION, THE FOLLOWING IS BROUGHT TO YOUR ATTENTION You agree to assume risk of loss, damage, or injury which may result from your use of the easement area, except for such loss, damage, or injury for which BPA may be responsible under the provisions of the Federal Tort Claims Act, 62 Stat. 982, as amended. It is understood that any damage to BPA's property caused by or resulting from your use of the easement area may be repaired by BPA, and the actual cost of such repair shall be charged against and be paid by you. Construction/installation, use, and maintenance of Summit Park and Ball fields shall be at no cost to BPA. BPA seeks your help maintaining the integrity of the electrical transmission system. Please report any Vandalism or Theft to the BPA Crime Witness program at 1-800-4372744. Cash rewards of up to $25,000 will be paid should information lead to the arrest and conviction of persons committing a crime. BPA shall not be liable for damage to your property, facilities, or injury to persons that might occur during maintenance, reconstruction, or future construction of BPA facilities as a result of your facilities being within the right-of-way.

If you have any questions or concerns, please notify this BPA Realty Office. You may direct any communication to Bonneville Power Administration, Real Estate Field Services (28401 Covington Way SE Kent, WA 98042 or by telephoning 1-253-631-9154. A copy of this agreement shall be physically located at the project during construction activities.

THIS LAND USE AGREEMENT BECOMES EFFECTIVE UPON THE SIGNATURE OF ALL PARTIES. I HAVE READ, UNDERSTAND, AND CONCUR WITH THE TERMS OF THIS AGREEMENT: City of Maple Valley:

_______________________________ By:

___________________ Date

THIS AGREEMENT IS HEREBY AUTHORIZED: Bonneville Power Administration:

______________________________ Paul B. Woolson Realty Specialist

___________________ Date

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