HomeMy WebLinkAboutR-2006-149 Lincoln Avenue / Martin Luther King, Jr. Grade Separation ImprovementsRESOLUTION NO. R-2006- 149
A RESOLUTION regarding grade separation improvements to Lincoln
Avenue and Martin Luther King, Jr., Boulevard and
authorizing negotiations for right-of-way acquisition
that may be necessary for the said improvements.
WHEREAS, pursuant to Resolution No. R-2006-33, the City of Yakima
determined that railroad grade separations are needed at Lincoln Avenue and "B"
Street (subsequently renamed Martin Luther King, Jr., Boulevard) for the health,
safety and well being of the public (the "Grade Separation Project"); and
WHEREAS, the Federal Highway Administration prepared and circulated
for public comment an Environmental Assessment ("EA") that identified a
preferred alternative for the Grade Separation Project and issued a Finding of No
Significant Impact on August 17, 2006, regarding the same; and
WHEREAS, pursuant to WAC 197-11-610 and other applicable local and
state regulations under the State Environmental Policy Act ("SEPA"), the City's
SEPA Responsible Official has independently evaluated the EA in light of
additional public comment and found it to be adequate for purposes of the City's
environmental review responsibilities under SEPA; and
WHEREAS, the Grade Separation Project may require acquisition of real
property for right-of-way or other proper purposes; and
WHEREAS, the precise nature and extent of the City's need to acquire real
property has not yet been conclusively determined nor have formal negotiations
with affected property owners yet commenced; and
WHEREAS, acquisition of real property for such purposes would be a
public use and would be necessary in order to provide for the safe and proper
construction of the Grade Separation Project; now, therefore:
Resolution No. R -2006 -
Page 1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Engineer is directed to identify and legally describe real property,
or interests therein, which may be necessary in order to facilitate the Grade
Separation Project as identified in the relevant environmental documents as the
"Preferred Alternative" and is, further directed to commence negotiations with
owners of any such real property to purchase the same for just compensation.
ADOPTED BY THE CITY COUNCIL this d day of October
, 2006.
ATTEST:
Resolution No. R -2006 -
Page 2
David Edler, Mayor
YAKIMA GRADE SEPARATION PROJECT:
LINCOLN AVENUE AND MLK BOULEVARD
YAKIMA, WASHINGTON
Reconsideration of Adoption Pursuant to WAC 197-11-610(5)
Public Hearing Comments
On September 14, 2006, the City of Yakima held a Public Hearing 011 the adequacy of adopting
the Environmental Assessment for the Yakima Grade Separation Project: Lincoln Avenue and B
Street dated April 2006 (EA) as a substitute for preparing a Washington State Environmental
Policy Act environmental impact statement (SEPA EIS). Four individuals presented oral
comments at the Public Hearing: (1) James Carmody attorney for Helliesen Lumber and Elliot
Tire and Service; (2) Clark Smith, owner of Elliot Tire and Service; (3) Harry Helliesen with
Helliesen Lumber; and (4) Rick Smith with the Conoco Gas Station. A transcript of the public
comments was prepared and the comments were considered.
The essence of the comments made by James Carmody, Clark Smith, and Harry Helliesen relates
to potential impacts to the business operations of Helliesen Lumber and Elliot Tire and Service.
These comments do not alter the conclusion regarding adequacy of adopting the Environmental
Assessment as a substitute for preparing a SEPA EIS. Since the project is federally funded,
compensation for impacts resulting from the project is determined in accordance with federal
rules set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act,
42 U.S.C. § 4601 et. seq. This Act does not provide for compensation for claims of lost business
profits due to construction of transportation projects.
The comments made by Rick Smith were supportive of the project and suggested the project
would provide improved access through the City and better traffic flow.
Conclusion
The comments made at the Public Hearing on September 14, 2006 are noted. It continues to be
the conclusion of the decision maker that the EA adequately and accurately discusses the needs,
alternatives, environmental issues, impacts of the proposed project, and appropriate mitigation
measures as required by SEPA and Chapter 6.88 of the Yakima Municipal Code . Therefore, the
EA is appropriate for adoption as a substitute for preparing a SEPA EIS. The document meets
the City's environmental review needs for the current proposal and the decision to adopt the EA
is affirmed.
1
cri204
Date of Appibval
Wi11iai Cooke
City of Yakima, Director of Economic
eveloent
A RESOLUTION
RESOLUTION NO. R-2006- 33
authorizing the City Manager to execute applications,
certifications and agreements pursuant to an application for a
construction loan from the Washington State Public Works
Trust Fund in the amount of $3,000,000 for Grade Separation
Project improvements to Lincoln Avenue and B Street.
WHEREAS, the City of Yakima has determined that railroad grade
separations are needed at Lincoln Avenue and B Street for health, safety and well
being of the people; and
WHEREAS, the cost of construction of these grade separations are eligible
for Washington State Public Works Trust Fund loan financing; and
WHEREAS, the amount of local match funds provided will allow the City a
generous interest rate of 0.5% on the $3 million loan; and
WHEREAS, it is necessary that certain conditions be met as part of the
application process; and
WHEREAS, RCW 43.155.060 requires that the project will be advertised for
competitive bids and administered according to standard local procedure; and
WHEREAS, the loan will not exceed the maximum amount allowed by the
Board of eligible costs incurred for the project; and
WHEREAS, the City of Yakima certifies that it meets these requirements, and
further that it intends to enter into a loan agreement with the Public Works Board,
provided that the terms and conditions for a Public Works Trust Fund loan are
satisfactory to both parties; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manger is duly authorized to sign the application, loan agreements and
amendments, and other documents relating to the Grade Separation Project for
Lincoln Avenue and B Street for the 2006 — 2007 Public Works Trust Fund loan
program.
ADOPTED BY THE CITY COUNCIL this 7th day of March, 2006
/s/ DAVID EDLER
ATTEST: David Edler, Mayor
Isi KAREN S. ROBERTS
City Clerk
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of October 3, 2006
Consideration of Resolution regarding grade separation improvements to
Lincoln Avenue and Martin Luther King Jr. Boulevard and authorizing
negotiations for right-of-way acquisition that may be necessary for the
said improvements.
SUBMITTED BY: VCitiiam Cook, Dept. of Community and Economic Development
Robert Desgrosellier, Acting City Engineer
CONTACT PERSON/TELEPHONE: Robert Desgrosellier, Acting City Engineer, 575-6228
SUMMARY EXPLANATION:
On August 17, 2006, the Federal Highway Administration (FHWA) signed a Finding of No
Significant Impact (FONSI) for the grade separation project. Signing the FONSI completed the
Federal environmental review of the project. Under Federal regulations, this allows Federal
funds to be used to negotiate for the acquisition of public right-of-way.
The City SEPA Responsible Official adopted the National Environmental Policy Act (NEPA)
Environmental Assessment (EA) as the SEPA Environmental Impact Statement (EIS) on August
30, 2006 and reaffirmed that decision on September 28, 2006 after review of public comments
on the adequacy of adopting the NEPA EA as the SEPA EIS.
Upon Council approval of this resolution, the City will issue a SEPA Notice of Action to bring
finality to the SEPA environmental process prior to investing significant time and expense in the
R.O.W. acquisition phase of this project.
Resolution X Ordinance _ Contract _ Other (Specify)
Funding Source 2006 Capital Improvement Fund/Federal State Funds authorized to date
APPROVED FOR SUBMITTAL:,
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing City staff and consultants to
commence negotiations for ROW acquisition for the grade
separation project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-149