HomeMy WebLinkAboutItem 05 Franklin Boulevard Resolution of Necessity AGENDA ITEM SUMMARY Meeting Date: 7/13/2015
Meeting Type: Work Session
Staff Contact/Dept.: Kristi Krueger, DPW Staff Phone No: 541-726-4584
Estimated Time: 10 minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and
Facilities ITEM TITLE: FRANKLIN BOULEVARD RESOLUTION OF NECESSITY
ACTION REQUESTED:
Discuss the resolution: A RESOLUTION AUTHORIZING THE INSTITUTION
OF A PROCEEDING IN EMINENT DOMAIN FOR THE ACQUISITION OF
PROPERTY INTEREST FOR THE FRANKLIN BOULEVARD PROJECT, CITY OF SPRINGFIELD PROJECT NO. P21066 AND THE IMMEDIATE
POSSESSION OF PROPERTY
AND
Discuss AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE
ACQUISITION AGREEMENTS
ISSUE
STATEMENT:
The City has identified $9.6 million to work on the design, right-of-way acquisition,
and construction for the Franklin Boulevard Phase 1 reconstruction project. Staff requests a Resolution authorizing right-of-way acquisition needed for Phase 1 as
required by law
ATTACHMENTS: 1. Council Briefing Memorandum with 4 supporting attachments 2. Resolution of Necessity
3. Exhibit ‘A’: List of Properties and Owners
DISCUSSION/
FINANCIAL IMPACT:
The City has completed the necessary environmental work for the Franklin
Boulevard reconstruction project and has now begun the design and right-of-way process for the project.
During the environmental process, a project boundary line was placed on an aerial photo to give an approximate location of the future right-of-way line. We have now
started the design process and the surveying of the entire project is complete. The
30% design which is expected to be completed this September establishes the specific right-of-way boundary line. This allows the City to proceed with the
negotiation process with property owners to acquire the necessary property to construct the project.
The Project goal is to successfully negotiate with the property owners and come to
an agreement to acquire property needed for the Project. The purpose of the Resolution of Necessity is to allow the City to proceed with condemnation
proceedings in those cases where agreement on public acquisition cannot be reached. Staff and the City Attorney’s office will make every attempt to reach agreement before proceeding with condemnation.
The right-of-way process is the Project schedule’s critical path in order to begin
construction in 2016. Adopting the Resolution of Necessity at this time aids in
keeping the project on schedule.
M E M O R A N D U M City of Springfield
Date: 7/13/2015
To: Gino Grimaldi COUNCIL
From: Kristi Krueger, Principal Engineer BRIEFING
Subject: FRANKLIN BOULEVARD RESOLUTION OF NECESSITY MEMORANDUM
ISSUE: The City has identified $9.6 million to work on the design, right-of-way acquisition, and construction for the Franklin Boulevard Phase 1 reconstruction project. Staff requests the
Council adopt a Resolution of Necessity authorizing right-of-way acquisition for Phase 1 as required by law.
COUNCIL GOALS/
MANDATE:
Maintain and Improve Infrastructure and Facilities
Improving the Franklin Boulevard Corridor also leverages economic development and
revitalization in the Glenwood Riverfront and Downtown, and promotes livability and
environmental quality in Springfield.
BACKGROUND: The Franklin Boulevard project in Glenwood has been a City priority for many years. In 2007-2008, Springfield worked with community partners, stakeholders and
consultants on the Franklin Boulevard Study. Two of the main purposes of the study were to determine how best to support redevelopment and new investment in the Glenwood Riverfront area while improving arterial access between Springfield and Eugene. In 2008 the City Council
approved a hybrid multi-way boulevard conceptual design that includes improved vehicle, pedestrian and bicycle facilities.
Design concepts were first considered in the 2002 Glenwood Specific Area Plan effort and revised in 2008 as a result of the Franklin Boulevard Study shown in Exhibit 1. Those design
concepts were later incorporated into the Glenwood Refinement Plan and the City of Springfield
2035 Transportation System Plan. More recently staff and URS Corporation worked through an iterative environmental impacts/design refinement process to develop a draft design to take to
the Federal Highway Administration (FHWA) in pursuit of federal concurrence for a Categorical Exclusion as part of the NEPA process.
October 2013
In October 2013 staff submitted a Communication Packet Item to Council identifying the following elements of the 2008 layout that would be analyzed.
• Realign the center of proposed improvements to widen equally on both sides of the existing right-of-way.
• Further design refinements for the four intersections along the corridor (Glenwood Boulevard, Henderson Avenue, Mississippi Avenue and McVay Highway.).
• Complete detailed environmental resource documentation.
• Look at how the widths of the various design elements, like travel lanes, can be
reduced in an effort to avoid impacts.
The public involvement portion of this phase began and a letter and a FAQ’s sheet were sent out
to employers and the property owners of those employers in the Franklin National
Environmental Policy Act (NEPA) study area to introduce this phase of the project and to gather employment data as part of assessing project impacts.
Attachment 1, Page 1 of 7
MEMORANDUM 7/9/2015 Page 2
December 2013
A refined layout was developed in December 2013 shown in Exhibit 2, which further reduced
the impacts to property owners.
January/February 2014
The City and URS were again able to reduce the impacts further in January 2014 which looked
at mitigating environmental impacts to the fullest extent possible without compromising the Project’s intended purpose to modernize Franklin Boulevard for all modes of travel and to
contribute to successful redevelopment of the Glenwood riverfront area as shown in Exhibit 3.
Input from the general public, businesses, property owners and other stakeholders was an important part of getting to this point in the Project. The City and consultant staff met face to
face with potentially impacted business and property owners within the Project Area to gather employment information and to establish personal communication between the City and these interested parties. In February 2014 staff reviewed with Council the design iteration process and
was directed to proceed with this most recent design layout to FHWA for the NEPA classification discussion.
August 2014
In August 2014, FHWA gave staff permission to proceed with the Franklin Boulevard design
under the NEPA classification of a Categorical Exclusion.
October 2014
In October 2014, staff presented an amendment to the Glenwood Refinement Plan as the
completion of NEPA & preliminary design produced different iterations of the 2008 Franklin Boulevard Study conceptual design and moved the building envelope. The building envelope
was shifted to mitigate environmental impacts to the fullest extent possible without
compromising the Project’s intended purpose. In November 2014, the Council and Lane County Board of Commissioners adopted the amendment to the Glenwood Refinement Plan.
January/February 2015
In January 2015, staff began the design process with CH2M Hill and just recently completed the
30% roundabout horizontal layout of the first phase from McVay Highway to Mississippi Avenue. This layout shown in Exhibit 4 further reduces impacts to the property owner north of the McVay roundabout by moving the EmX station further to the west.
Staff has continued to update and speak with the public throughout the project. An update letter
regarding the project was sent out to the business and property owners directly affected by the
project on January 15, 2015 followed by face to face meetings between staff and the residential property tenants. In February 2015, staff sent out a Franklin project postcard to all of Glenwood
with updates of the project, contact information, and the link to the project website. Most
recently the 30% horizontal layout was sent to the property and business owners directly affected by Phase 1. Staff will continue to update the contact list throughout the project to make
sure the contact list is accurate.
Today
Now that the Phase 1 30% design is nearing completion and expected to be submitted to ODOT
in September, the project is able to move forward with acquiring the necessary property in order to construct this phase of the project. As identified above, staff has made numerous adjustments
to the design layout to reduce the impacts to the fullest extent possible without compromising the Project’s intended purpose to modernize Franklin Boulevard for all modes of travel and to contribute to successful redevelopment of the Glenwood riverfront area.
Attachment 1, Page 2 of 7
MEMORANDUM 7/9/2015 Page 3
As staff moves forward with the acquisition process, the goal is to successfully negotiate with
the property owners and come to an agreement to acquire property needed for the first phase of
the Project. In the event an agreement is unable to be reached between the City and a property owner, the City will have to acquire the property by eminent domain and the Resolution of
Necessity is a statutory requirement for that process.
RECOMMENDED ACTION: Discuss and provide guidance regarding the resolution: A
RESOLUTION AUTHORIZING THE INSTITUTION OF A PROCEEDING IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTEREST FOR THE FRANKLIN
BOULEVARD PROJECT, CITY OF SPRINGFIELD PROJECT NO. P21066 AND THE IMMEDIATE POSSESSION OF PROPERTY
AND
Discuss and provide guidance regarding AUTHORIZING CITY MANAGER TO NEGOTIATE
AND EXECUTE ACQUISITION AGREEMENTS.
Attachment 1, Page 3 of 7
Exhibit 1, Page 1 of 1
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Exhibit 3, Page 1 of 1 Attachment 1, Page 6 of 7
Exhibit 4, Page 1 of 1
Attachment 1, Page 7 of 7
RESOLUTION NO. _____
RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN AND
AUTHORIZING A RESOLUTION PURSUANT TO ORS 35.610 AND 35.235(1)
CONCERNING ACQUISTION RIGHT OF WAY NECESSARY FOR THE FRANKLIN
BOULEVARD REDEVELOPMENT PROJECT (PHASE I) (Project No. P21066)
WHEREAS, the City of Springfield may exercise the power of eminent domain pursuant
to Springfield City Charter and the law of the State of Oregon, generally, when the
exercise of such power is deemed necessary by the governing body to accomplish
public purposes for which the City of Springfield has responsibility;
WHEREAS, the City of Springfield has the responsibility of providing safe
transportation routes for commerce, convenience and to adequately serve the traveling
public;
WHEREAS, the project known as the Franklin Boulevard Redevelopment Project (Phase
I) has been planned in accordance with appropriate engineering standards for the
construction, maintenance or improvement of said transportation infrastructure such
that property damage is minimized, transportation promoted, travel safeguarded;
WHEREAS, to accomplish the project or projects set forth above, it is necessary to
acquire the interests in the property described in “Exhibit A” attached to this Resolution
and, by this reference incorporated herein;
WHEREAS, the purpose of the Franklin Boulevard Redevelopment Project (Phase I) is
to build a multi-way boulevard that will have sidewalks, separate pedestrian and bicycle
facilities from vehicle traffic, provided bicycle access and better safety for those
traveling on the road;
WHEREAS, the City has funding from federal, state and local sources for the Franklin
Boulevard Redevelopment Project (Phase I);
WHEREAS, the envelope design of Phase I was revised from the initial concept in 2009
to lessen the business impact and remove any residential impacts;
WHEREAS, the City is engaged in public outreach regarding this project since 2007;
WHEREAS, the City adopted the Glenwood Refinement Plan and as a part of the City’s
Comprehensive Plan with specific planning policies for the Glenwood area; and
WHEREAS, the public good realized by this project far outweighs any damage that the
property owners might sustain, particularly in light of the City’s obligation to provide
just compensation to the affected property owners.
NOW, THEREFORE, based on the above findings, the Common Council of the City of
Springfield does hereby resolve as follows:
Attachment 2, Page 1 of 2
Section 1: The foregoing statements of authority and need are, in fact, the case. The
project for which the property is required and is being acquired are necessary in the
public interest, and the same have been planned, designed, located, and will be
constructed in a manner which will be most compatible with the greatest public good
and the least private injury;
Section 2: The power of eminent domain is hereby exercised with respect to each of
the interests in property described in Exhibit A. Each is acquired subject to payment of
just compensation and subject to procedural requirements of Oregon law;
Section 3: The City of Springfield’s staff and the Oregon Department of
Transportation are authorized and requested to attempt to agree with the owner and
other persons in interest as to the compensation to be paid for each acquisition, and, in
the event that no satisfactory agreement can be reached, to commence and prosecute
such condemnation proceedings as may be necessary to finally determine just
compensation or any other issue appropriate to be determined by a court in connection
with the acquisition. This authorization is not intended to expand the jurisdiction of any
court to decide matters determined above or determinable by the City of Springfield.
Section 4: The City of Springfield expressly reserves its jurisdiction to determine the
necessity or propriety of any acquisition, its quantity, quality, or locality, and to change
or abandon any acquisition.
Section 5: The Common Council further declares that the real property interests
described in Exhibit A shall be used by the City of Springfield for public purposes at the
earliest possible date and, in any event, no later than ten years from the date this
Resolution is adopted by the Council.
Section 6: This Resolution shall take effect upon adoption by the Council and approval
by the Mayor.
ADOPTED by the Common Council of the City of Springfield this _____ day of
__________, 2015, by a vote of _____ for and _____ against.
APPROVED by the Mayor of the City of Springfield this _____ day of __________, 2015.
______________________________
Christine L. Lundberg, Mayor
ATTEST:
______________________________
Amy Sowa, City Recorder
Attachment 2, Page 2 of 2
EXHIBIT ‘A’
PROJECT NAME AND NUMBER: Franklin Boulevard Reconstruction Project P21066
NUMBER ON MAP OWNER MAP AND TAXLOT NUMBER
1 Green Valley Endeavors LLC 17033442 2500
2 Green Valley Endeavors LLC 17033442 2400
3 Green Valley Endeavors LLC 17033442 2300
4 Green Valley Endeavors LLC 17033442 2200
5 Roth and Roth DBA 17033442 1600
6 Roth and Roth DBA 17033442 2100
7 Ramsey Properties LTD PTRSHP 17033442 900
8 Ramsey Properties LTD PTRSHP 17033442 800
9 Ramsey Properties LTD PTRSHP 17033442 700
10 Limited Partnership 17033442 600
11 Skillern Investments LLC 17033441 2100
12 FPS Investments LLC 17033441 2000
13 Karotko LLC 17033441 1500
14 Karotko LLC 17033441 400
15 Too Blue LLC 17033441 300
16 4340 LLC 17033441 200
17 Green Valley Endeavors LLC 17033443 10700
18 Green Valley Endeavors LLC 17033443 10600
19 Dormar-Glenwood LLC 17033443 9300
20 Dormar-Glenwood LLC 17033443 9200
21 T1-4197 Franklin Blvd LLC 17033443 100
22 S&G Investments INC 17033444 3100
23 Industry Consulting Group, Inc. 17033444 1000
24 Six Sac Self-Storage Corp. 17033444 900
25 Six Sac Self-Storage Corp. 17033444 800
Exhibit A, Page 1 of 1