Final Action Hearing – RCW 8.25.290 Resolution No. 1159 – Authorization to acquire property by eminent domain Board of Directors Meeting | September 12, 2017
Final Action Hearing – RCW 8.25.290 Strategic links • KPO 4.1.a - Long-term planning in finances, staffing, technology, and facilities are intentionally and systematically driven by student enrollment, learning measures and strategic priorities. Objectives • Conduct a hearing to receive evidence and decide whether the board should take final action to select and authorize acquisition of real property by eminent domain Board of Directors Meeting | September 12, 2017
Final Action Hearing – RCW 8.25.290 Final Action Hearing Procedural Order • Presentation by staff and counsel • Motion to adopt Resolution 1159 • Open hearing • Public testimony • Close hearing • Board discussion • Executive session if necessary • Board action on Resolution 1159 Board of Directors Meeting | September 12, 2017
We’re Growing! 19,732 on Oct. 1, 2016 Enrollment increase of more than 1,100 students over last decade Board of Directors Meeting | September 12, 2017
Growing and Changing Fastest growing district in Snohomish County Board of Directors Meeting | September 12, 2017
Enrollment Outlook 2016-2026 21,500 21,000 20,500 20,000 19,500 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Projection 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 District-wide 19,732 19,965 20,167 20,309 20,567 20,865 20,976 21,145 21,229 21,254 21,406 Actual Board of Directors Meeting | September 12, 2017
Enrollment Outlook EPS Elementary School Projections 10,000 Enrollment 9,714 9,800 9,960 9,600 9,400 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 EPS Middle School Enrollment Projections 5,100 Enrollment 5,056 4,900 4,855 4,700 4,500 4,300 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 EPS High School Enrollment Projections 6,700 6,627 6,500 Enrollment 6,440 6,300 6,100 5,900 5,700 5,500 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Board of Directors Meeting | September 12, 2017
Enrollment Outlook Changes expected between 2016 and 2026 Level Projected changes Elementary Schools • 13 of 18 schools will be over permanent building capacity • 81 portable classrooms will be needed Middle Schools • 3 of 5 schools continue to be over permanent building capacity • 26 portable classrooms will be needed High Schools • 2 of 3 comprehensive high schools will be over permanent building capacity • 38 portable classrooms will be needed ( 30 at JHS, 8 at CHS ) Board of Directors Meeting | September 12, 2017
High School Enrollment A new high school is needed in the south end • Cascade High School was built when Everett High School’s enrollment reached 2,353 • Jackson High School was built when Cascade High School’s enrollment reached 2,328 • By 2023, Jackson High School’s enrollment is projected to reach 2,462 Board of Directors Meeting | September 12, 2017
School Boundaries in South End Board of Directors Meeting | September 12, 2017
Property Map Board of Directors Meeting | September 12, 2017
Preliminary Site Plans ES #18 and Comprehensive HS #4 Board of Directors Meeting | September 12, 2017
Negotiation Process Initial meeting with property owners • February 2015 – property owners contacted the district and asked if the district wanted to purchase their properties • April 2015 – meeting with owners at Cedar Wood ES, district provided copies of standard purchase and sale agreement, discussed district’s need for property, general timing, prices needed to be based on current zoning Site studies/reports • Right of Entry agreements signed May 2015, followed by site inspections and site planning • Preliminary commitments for title insurance • Fair market property appraisals in 2015, updated March 2017 Board of Directors Meeting | September 12, 2017
Negotiation Process Offers to purchase properties • Original offers by the district were based on fair market value appraisals in 2015 • Owners urged to obtain their own appraisals • Two negotiations (four parcels) were successful, three negotiations (four remaining parcels) were not • District’s offers were adjusted upward when appraised valuations were updated in 2017 Current status • Some owners are working on obtaining their own appraisals and/or engaging attorneys • Some discussions have taken place about possible changes to specific terms and conditions Board of Directors Meeting | September 12, 2017
Negotiation Process Property information ID Parcel Numbers Site Addresses Size Owners XXXX- 174th Street 1 270509-004-007-00 2.62 Leo & Marla Gese SE, Bothell, WA 98012 4320 174th Street SE, 270509-004-022-00 1.21 Leo & Marla Gese Bothell, WA 98012 4430 174th Street SE, 2 270509-004-009-00 1.03 Scott Rampton Bothell, WA 98012 270509-004-020-00; 4428 174th Street SE, Bruce and Bryon 3 1.88 270509-004-020-02 Bothell, WA 98012 Gutschmidt Total Acreage 6.74 Board of Directors Meeting | September 12, 2017
Negotiation Process Proposed purchase prices Size 1 ID Appraised values Amounts offered Owners 1 $654,900 $664,900 3.83 Leo & Marla Gese $405,300 2 2 $395,300 1.03 Scott Rampton Bruce and Bryon $375,000 3 3 $385,000 1.88 Gutschmidt 1 Size is in acres 2 Assessed value recently increased by Snohomish County Assessor’s office to $435,100 3 Appraised value of $375,000 was provided by owner’s appraiser; district’s appraisal provided value of $328,040 Board of Directors Meeting | September 12, 2017
Attorney Comments Eminent domain process • Board holds hearing under RCW 8.25.290 to select lands and authorize eminent domain proceedings • District files petition in Snohomish County Superior Court to acquire the properties Public use and necessity hearing • Court decides whether the action is for a public use and purpose • Court decides whether the property is necessary for that public use and purpose, although the board’s selection of lands as necessary is typically granted deference by the court Board of Directors Meeting | September 12, 2017
Attorney Comments Just compensation trial • Judge or jury decides the amount of just compensation Purchase price • The school district’s purchase of these properties is constrained by constitutional and statutory requirements, including the prohibition on gifts of public funds • Purchase price negotiations are guided by appraisal • If property owners dispute a school district’s appraisal, they may present their own, and their “owner opinion” of value • Absent pretrial settlement, a judge or jury determines full, fair, and just compensation Board of Directors Meeting | September 12, 2017
Attorney Comments Opt out of relocation assistance • When federal funds are used for an acquisition, the agency utilizing eminent domain is obligated to provide relocation assistance to the sellers (Chapter 8.26 RCW) • The district is not using federal funds to acquire these properties, and so may opt out of the relocation provisions • Resolution 1159 includes a determination by the board to opt out of relocation assistance for these acquisitions Board of Directors Meeting | September 12, 2017
Final Action Hearing – RCW 8.25.290 Final Action Hearing Procedural Order • Presentation by staff and counsel • Motion to adopt Resolution 1159 • Open hearing • Public testimony • Close hearing • Board discussion • Executive session if necessary • Board action on Resolution 1159 Board of Directors Meeting | September 12, 2017
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