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Home My WebLink About2004-07-12 04-227 ORDERItem No 04-22a Date: 07-12-" Item/Subject ORDER- Authorizing City Manager to Execute an Agreement - Stillwater Avenue and I-95 Interchange Modifications (Exit 186) Responsible Department: Engineering The existing intersection of the Interstate ramps with Stillwater Avenue will need to be modifietl te aaammodate access to the recently ate rovetl Parkede development project. Since it involves the Interstate system, an Agreement will need to be executed "a Maim Department of Trensportztlon, Federal Highway Administrator, Grant Trailer Sales, Inc., Grant Realty Corporation, Bangor Parkade, Inc. and the City of Barger to authorize the dunges. this replaces an earlier Agreement regarding the Interchange that involved the City, MDOT, and the FMA. A copy of the Agreement Is attached. This was reviewed atthe lune Zr, 2004 TIC Committee meeting and the Committee recommends approval. 14+.Er.www "fgvj City Manager Associated IMormation: Order, Agreement Legal tlfipl 11.`RiaSl oty Sob r Introduced for Passage _ First Reading Page—or— Referral age_ofReferral 06-227 Asri®hed roCooncilor ezabvell July 12, 2006 CITY OF BANGOR (MILE.) ORDER, Authorizing City Manager m Execute an Agreement - Stillwater Avenue and 1-95 Interchange Modifications (Exit 186) BE 1TORDERED by the City Coundl of the City of gang", THAT, Edward A. Barrett, City Manager, is hereby authorized to execute an Agreement between the Maine Department of Transportation, Federal Highway Administration, Grant Trailer Sales, Inc., Grant Realty Corporation, Bangor Paronde, Inc., and the qty of Bangor to modify the intersection of I-95 off ramps and Stillwater Avenue (Exit 186), such agreement m be substantially in the form as attached hereto. lA GIlY CODrCIL duly }2. 2006 Eocion Haas am sewnaea to fav Pasaege Peaeed It Clei # 06-22] 06088 (TITLE,) Authorizing City Manager t0 Execute 6gr 1emwat _StILlumter _ Avenue _ 5 Interchange Modifications (Ext. 186) Oh 227 MEMORANDUM OF AGREEMENT Between the STATE OF MAINE - DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, CITY OF BANGOR, GRANT TRAILER SALES, INC., GRANT REALTY CORPORATION And BANGOR PARKADE, INC. Regarding Ensuring that the development afthe project proPwed by Bangor Parkade, Inc. omplies with traffic regutrememsfor the intersection of the off -ramps oflmerstate 95, Exit 186 and Stillwater Avenue, as setfenh in National Ehvironmenml Jcob yAM docwnema Wheress, National Evvirovmenml Policy Act (NEPA) documents for the consmution of the Stillwater Interchange require dim left tame from the off -ramps of Incubate 95, Exit 186 onto Stillwater Avenue should be prohibited; and, Wherme Bangor Pmkade, Inc. is proposing the commercial development of two parcels apposite the off -ramps of Interstate 95, Exit 186; and, Whereas, the proposed development wilt reyrue the modification of a traffic island whicb, at present, would reshia any taffic from moving ducally from the off -ramps to the opposite side of Stillwater Avenue; and, Whereas, NEPA documents do not proldbit traffic going duutly to and from the off - ramps and the opposite side of Stillwater Aveaue; and, Whereas, the proposed development falls under 2t, M.R.S.A. 704-A which, among other things, sets forah the general powers, duties, and responsibilities of the Maine Oeparhnent ofTrmsportatiov (MDOT) and Bangor Parkade, Inc. in than the development is expected to generate over 100 passenger cm equivalent trips and will require the modification of the traffic island on Stillwater Avenue, as set forth above, to pmvide access to the proposed future chcumferential roadway; NOW THEREFORE, the undersigned parties hereby agree as follows: 1. fefthandtums fromtheoff-romps oflaterstate 95, Exit l86wiEremaia prohibited in compliance vnW the aforementioned NEPA documents. MemormdmofAg eut BangorParkade,lac. Page 1 of4 2 Bangor Fusions,Inc. will have permanent access to an opem 125 feet in width, which opening is necessary to the construction of the entrance to the development dacetly acmes from the off -camps of Interests 95; said distance of 125 feet to be measured along the right of way line 3. Subject to appropriate state and local Fetching, Bangor Parkade, Inc. may construct an entrance to the development directly across from the off scamps from lutemtnbe 95, Exit 186 on Stillwater Avenue as shown on the February 18, 2004 traffic mitigation conceptual plan attached to the Section 7 Traffic Study prepared by SEA (Suny Engineering Associates Traffic and Transportation Engineering) and attached hereto said made a part baeofas Attachment A". 4. The remaining roadway frontage of the remaining parcels to be used for the development shell have a stare control of access designation applied The control of access shall not be applied until such time as Bangor Parkade, he. is fully permitted a[ all permitting levels (including receipt by Bangor Parkade, Inc. or its assigns from the City of Bangor the necessary Certificare(s) of Occupancy far constructed development occupying a gross floor area of at least 150,000 square feet) and has completed Maine Department of Transportation's Developer Review process(including receipt of a Traffic Movem®t Permit and the execation of Developer Agreement wife MDCT, with terms consistent with the provisions hereof, for the development). 5. The City of Burger, through the Police Department agrees to enforce the prohibition against left have &em the Inrernate 95, all 186 northbound and southbound off -ramp in accordance with the NEPA documents. By this agreement, the City of Britain and its Police Depmtmevi agree that the intersection will be patrolled with regularity and that drivers violating the left hand nun prohibition will be prosecuted fa that offense. 6. For a period of there years following the modification of the traffic island, the City of Bangor will keep track of the number of left tum armdems that occur at the intersection of the off -ramps of Interstate 95, Exit 186, and Stillwater Avenue. At the end of that farce year pericd, the City said Mama DOT will review the data to debenture whether any further additional traffic cantrol devices are warranted and, if so (after consultation with Barger ParBade, Inc, Grant Trailer Sales Inc., and Grant Realty Corporation), appropriate measures will be undertaken. 7. Bmgor Tankards, Inc. agrees to construct a site near the intersection and within the Stillwater Avenue right of way suitable for use by a police cruiser and suffmded to permit an occupant of police ¢niers to observe traffic entering and leaving the intersection. 8. To ensure drivers have adequate notice of %a prohibition against left rums, Bangor Parkede, We. in cooperation with MDOT, agrees to assist in slanderous of and Memorandum of Agreement Bangor Parkade, Inc. Page 2 of additions to s moge, advising drivers using the off -remps from Interstate 95, Bxit 186 that left turns from the off -romps are prohibited. 9. For a four year continuous period, MDOT will monitor and normally review the ver art oftimlic through and around the off -ramps from interstate 95, Exit 186 and Stillwater Avenue. At the end of the second and feurlh years, MDOT wiB issue a report listing all reported mdBc accidents with details on each such accident and description of traffic operation m the prior two year partial and MDOT wM submit each such report to FRWA. Thommies hereto agree to be bound by Ne terms and conditions of this Agreement and hereby execute Us Agreement in duplicate, effective on the day and date signed by the Department. BANGOR PARRADE� INC. Dared: 6 O By. ohn Toic Vice President GRANT TRAILER SA MINC. BY. Judson M. Over, Jr. Prudent GRANT REALTY CORPORATION Dred.' BY. Judson M. Great, Jr President - CITY OF BANGOR Dated: By. Edward Barret[ Gro Mineser Dated. BY: Dov Wwslow. Police Chief Memorandum of Agreement Bangor Padmde, Inc. Page 3 of FEDERAL RIGH WAY ADMIMSTRATION By. Jonathan McDade Division Admini¢tlator - STATE OF MAINE DEPARTMENT OF TRANSPORTATION Memory urn ofAgreemem Bangor Parkade, Inc. Page 4 of M-22)