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HomeMy WebLinkAbout1998-12-16 99-42 ORDERCOUNCIL ACTION Done: 12-16-99 Item No.: 99-42 Iten✓Subjeci: Accepting City Engineer's Report- Widening of a Paribas of Union Street Responsible Department: Engineering Commentary: This Order proteins to wideming the southwesterly (Airport) side of Union Street by 30 feet from Caiff Road to the existing Exxon "on and car wash. The proposed widwung involves only City owned land, which bas been reserved for this purpose for many years. Council Order 98- 436 approved 1026/98 directed the City Engineer to provide public notice of intent in accordance with 23 M.R.S.A. § 3022 as is customarily done for Ws type of action. Although the City owns the property involved, it was formerly part of the Airport, and the City Solicitor recommends that additional action in accordance with 23 M.R.S.A. § 3023 (Eminent Domain) also be taken to clarify the record. This includes a public hearing conducted by the City Engineer. The public hearing is scheduled for Tuesday, December 15, 1998. The City Engineer will prepare a writtar report, including the proceedings of the hearing. The written report will be provided to the City Council prior to the December 16 Counct)4,neesung. The attached Council Order would accept the City Engineer's report and constitute fi appooval gg$acc nee of the proposed widea ag. grlmut Hegd Manager's Comments:. A ^ CHY Maawg® (QLQnsoor ICU Associated Ivfomation: p �^ Budget Approval: Fimnre Di ecrw I,egad Approval: ,F} } wlrnor Introduced For Passage ❑ First Reading ❑ Referred Page of 99-42 Ae®pmd to Coundw Tyler December 16, 1998 CITY OF BANGOR (TITLE.) �YDPYt '�aBPEv%City Evgineer'a E.eport Widewng o(v,Rortion of union. Street By tas fney Couvail of We C ty ofBanpnr; ORDERED, THAT the attached report of the City Eningect relative to the widening of a portion of Union. Street along the southwesterly right-of-way line extending southcasbedy fiom Griffin Road be and hereby is accepted; and be it father ORDERED, That the widening of said porfion of Union Street be established as a Public Way and added to the official City Map. IN CITY COUNCIL December 16, 1998 Nation for Passage Made d Seconded 99-62 ORDER Title, Accepting City Engineer's Report Widening of a Portion of Union Street ......... I ............................ ........................ 4............. L°a WW 6k . �gnssl to Ennnnilman 99-62 Ir MRI]Z1CI 1111 December 16,1998 TO: The CityCsrrcil FR: lames D. Ring, City Engineer SUBJECT: Council Order 99-62 Union Street Widening Included under new business on tonight's Crowd agenda is Council order 99-62 "Accepting City Engineer's Report -Widening of a Portion of Union Street". Because of notification requirements, it was not possible to conduct a public hearing and prepare the City Engineer's report prior to publication of the full agenda. Attached is the City lingineer's report which should be attached to Council order 99-62 The report includes a recommendation to widen a portion of Union Street southeasterly of Griffin Road and a detailed description of the specific area included. Because of the net bereft m the adjacent property, no payment for damages is recommended. You will note in the Council Action form commentary that the proposed widening which includes only City - owned land, has been contemplated for many years, but hes never been formally accepted as part of the public way. Passage of C.O. 99-42 is recommended to fmaliw acceptance. IDR F: CityManager City Clerk City Solicitor Clry of _ eMAwE N w`NEFF7 aw+ �ENGINF RING OEPAitns NT Tee2079a44•e0 Je Mmfg P.E. FIN 074146-444a yEnonnNWxbr d Pudic S•Moss CITY ENGINEER'S REPORT WIDENING OF A PORTION OF (INION STREET SOUTHEASTERLY FROM GRIFFIN ROAD December 16,1998 CITY OF BANGOR IFFYII1 iY11It'LCID `Ey 11 For a number of years the City of Bangor has contemplated a 30 foot widening of a potion of the Union Sued right-of-way extending southeasterly from Griffin Road. The proposed widening is located along the southwesterly (airport) side of the existing 66 foot wide right-of-way. This intent has been indicated on various City maps and taken into natural prior to the sale or subdivision of City property, on that side of die sued. The widening is in the public interest to accommodate mune transportation needs and facilitate development in the area. Although the City has reserved land for the right -o4 way widening, it has ever been formally accepted as public rightof-way. Council Order 98-436, passed October 26, 1998 durvered the City Engineer to provide required public notice in accordance with 23 MA.S.A. § 3022 of Ne intention m widen Union Street by 30 feet along the southwesterly righbof--way, tine and extending southeasterly from Griffin Road approximately 3167 feet, and to submit a written report to the City Council for final action. Patient to Council Order 98436, the City Engineer has provided public notice consistent with 23 M.R.S.A. § 3022 as follows: Public notices of proposed Union Street widening: • PostedonbulletinbcodmCity Rall • Posted on mility pole near intersection ofC7ritiN Road and Union Sneed. • Posted on utility pole neer intersection of Godfrey Boulevard and Union Street • Postai on utility pole on southwesterly side of Union Sdteeq approximately 1800 feet southeasterly of Godfrey Boulevard. Although the City of Bangor owns all of the property involved in the proposed widening, additional notification in accordance with 23 M.R.S.A. § 3023 (eminent domain) was provided in order to clarify the record relative to the wideulng. This included notifications hand delivered to all abutting property owners on the southwesterly side of Union Street in die vicinity of the proposed widening. In proximate with the above notifications, the City Engineer held a public hearing on Tuesday, December 15, 1998 in outline the proposed widening, which includes the area described as follows: A certain lot or parcel of land situated in The City of Bangor, County of Penobscot, Site of Maine, bundled end described as kllows: Beginning 9 the intersection of the east line of the Griffin Road and the south live of Union St; thence S 55932'29"E, by and along the south side of Union St, three thousand one hundred sixty-six and sixty-four one hundredths (3166.64) feet to the northwest corner of a parcel of Iadi described in a deed from Edward L. Karam to Springer Realty Co. dated May 1, 1968 and recorded in the Penobscot County Registry of IkMs in Volume 2129, Page 186; thence S 34925'08" W, by and along said Springer Realty Company's west lime, thirty (30) fen therwe N 55932'29" W, parallel to the south line of Union St, three thousand one hundred sixty- seven and thhty-five um hundredths (3167.35) feet to a apartment on the east side of the Griffin Rued; thence N 35046'44" E, by and along the east side of said GriBin Road, thirty (30) few to the point of beginning. At the public hearing, the City Engineer explained that the lemposed widening was in the public interest and necessary in provide sufficient room for additional highway improvements on Union Street. Improvements are avacimsed to be necessary, as move development occurs on the land adjacent to the southwesterly side of Union Street. The City Engincer also explained that all land included in the widening is currently owned by the City of Bangor and described the specific area involved. The only other person that appeared at the public hearing was Ralph C. Norwood IV, representing the Bangor Area Comprehensive Transportation System (BACTS), which is the Regional Metropolitan Transportation planning organization. Mr. Norwood spoke in favor of the proposed widening, citing the current traffic volume, limited available space in the existing right-of-way, and potential for fusion development in the gree. The City Engineer recommends that the Union So-ceF right-of-way be widened to include the area described above as part of the accepted public way. Since the widening will serve the public need and interest and is deemed to benefit the adjacent property to facilitate future development, it is further recommended that no damages be paid as a resuhofthewidening. Z ny Submitted,Ring, PEneer Coplesof Noaees Attached CI of r MAINE Nawava::E wio YENGINEENING DEPARTMENT TEL.em 945 MW Jemx D. Rig P.E. F]%MNSa5da0 CryNpl n➢Irmlw N Public Services December 9, 1998 PUBLIC NOTICE UNION STREET Notice is hereby given that in pursuance of City Council order 98-436 passed October 26, 1998 directing the City Engineer to provide notification of the City of Bangm's indent to widen the southwesterly side of Union Street by 30 fact, begirming at Griffin Road and extending approximately 3167 feet in a southeasterly direction, the City Engineer will hold a public hearing on Tuesday, December 15, 1998 at 9:00 AM E.S.T. in the third Floor conference room, City Hall, 73 Harlow Street, Benson, Maitre to review the proposed widening of said portion of said street and apportion such damages or benefits, if any, according to law, upon the lots or foods of land damaged or benefited by such discontinuance. Notice is hereby give to all persons interested in the premises to appear X the above mentioned time and place of meeting, it use cause then and there m be heard upon the subject. gq///C11//vhf,/1 lames D. Rivg�, PE " CiryEnglneer City of Bangor, Maine CITV OF _,f�. MAINE monnNA Es 04401 wt ENames D. N6 DEPARTMENT n TEL amM6XaC0 Cry E D. Peng, P.E. FAX aOFMa�HXa CHy ErppreerNlrectw W PWYc Servkas December%1998 NOTICE: PROPOSED WIDENING OF A PORTION OF THE UNION STREET RIGHT-OF-WAY Dear hummeed Party: As you may he aware, for mrry year; the City has contemplated a 30 foot widening of a portion ofthe Union Streetright-of-way an the southwesterly (Airport) side. 11ria irdenr has been indicated on various City maps and taken into account prior to the sale or subdivision of City property, on 69 side of the strut over the years. ne specific area of widening stm e m Griffin Road aed extends southwesterly past Flemt Bank, Godfrey Boulevard, aed the recently consumed shopping mall approximately 3167 f«r, stopping at (but not including) the present Exxon station and car wash. The Proposed widening only include City land And does nm involve any private owneship. Although the City he reserved land for the widening, it has never been formally mcepted as public right-of-way. We we now planning M take necessary action to make this 30 tam strip pmt of the Union Street right-of-way. nis includes providing public n alce as preaaibed by State statures reed conducting a public hearing relative to Nis matter. Alcohol is a copy of the formal public notice, which also stares the time Had locatimi of the public hearing. The public hearing provides an opportunay to obtain morm infoation about the propored widening and to ask questions, express support or voice coitcmns. After the December 15 public hearing, I will prepare a written report and recommendation relative to the widening, which will be Retrained to Ne City Council. The CityCouncil will consider acceptance of the 30 foot widening as part of the public way m to Deramber 16, 1998 Council meeting. The Council meeting will be held in the City Hall council chambers at 7:30 PM. r would add that fie proposed Widening of the right-of-way is to provide autficiem room for possible Improvements; to the Union Strom roadway, and that there is currently no new road construction planned. If you are interested in this issue, I would encourage you b attend the December 15 public hearing. In the meantime, pleme feel free m contact me if you have my quantum. Swcmely, James D. Rin&� st City Engineer