Form revised December 9, 2004

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Seattle Department of Transportation	Keith Miller, 684-5275	Aaron Bert, 684-5176

Legislation Title: AN ORDINANCE relating to the Olympic Sculpture Park, granting to the Seattle Art Museum permission to construct, maintain and operate two (2) skybridges for pedestrian access over and across: 1) Elliott Avenue between Bay Street and Broad Street, and 2) Alaskan Way between Bay Street and Broad Street, for a twenty-five -year term, renewable for one additional twenty-five-year term, specifying the conditions under which this permit is granted, providing for acceptance of the permit and conditions, and authorizing acceptance of a Grant of Access and Maintenance Rights over the skybridges and adjacent property.

· Summary of the Legislation: This legislation gives permission to the Seattle Art Museum (SAM) to build two skybridges (referred to as the Elliott Avenue Bridge and the Alaskan Way Bridge) in connection with the Olympic Sculpture Park (OSP). It states the terms and conditions under which those skybridges can be built, and establishes the term for the permit as twenty five years initially, renewable upon SAM’s application to the Director of Transportation for one additional 25 year term, for a total of fifty years. The City Council may modify conditions at or before the time for renewal. The skybridges will cross arterial streets and railroad tracks within the OSP and will provide uninterrupted, safe pedestrian access across Elliott Avenue and the Burlington Northern Santa Fe (BNSF) Railway Company tracks through the OSP to the waterfront.

Granted to the City are rights to public access on, across and over the skybridges and the pathways and the elevated structures, from Western Avenue downhill to the Alaskan Way Park Boulevard. SAM may place art or tents or other items in the public access area but must leave available an access pathway suitable for pedestrian and wheelchair travel that is at least 11 feet wide.

So long as the Permit for the skybridges remains in effect, the public will have free and open access through the public access area from 9:00 AM to 5:00 PM seven days a week, plus whatever additional hours the Olympic Sculpture Park is open to the public. SAM may close the public access area for up to 5 days per calendar year, when the Olympic Sculpture Park is closed to the public, consistent with the terms of the Operation and Maintenance Agreement between the City and SAM.

So long as at least one skybridge exists under the Permit, SAM commits to maintain the two blocks on either side of Elliott Avenue as a sculpture park that is open and free to the public.

In most cases if the Permit terminates or SAM does not renew, the City may take ownership of one or both skybridges, with public access continuing for 50 years from the beginning of the Permit.

· Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable): The existing grades along the Broad Street sidewalk exceed the federal standards for accessibility. This geography is a result of the significant regrading activities that occurred in this vicinity in the early part of the 20^th century. The main path through the OSP across the proposed new skybridges will allow pedestrian access through to the waterfront on an ADA-compliant pathway. In 2000, a design agreement between the City of Seattle and SAM was executed to guide the design and development of the future park property. The concept design was approved by the City Council with the adoption of Ordinance 119982 in 2000. In April, 2005, City Council passed Resolution 30760 approving the design of the OSP and in May, 2005, the Council passed Resolution 30771 granting conceptual approval of the two pedestrian skybridges.

· Please check one of the following:

__X__ This legislation does not have any financial implications. In recognition of the public benefits of the OSP, including the Grant, no annual fee is charged for this Permit.

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