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03-544CITY OF SAINT PAUL FINAL ORDER IN CONDEMNATION FILE NO. AE2002-10 VOTING WARD 2 In the Matter of acquiring a permanent easement for right of way purposes and a temporary construction easement over under and across the Northwesterly portions o£ the following Blocks: Block 177, Robertsoxi's Addition to West St. Paul; Block 174, Robertson's Addition to West St. Paul; Block 5, Bazil & Robert's Addition to West St. Paul and Block 6, Bazil & Robert's Addition to West St. Paul, along with any vacated right of way accruing, subject to any easements of record. .� under Preliminary Order O:� — A public hearing h�ving been had upon the above improvement upon due notice, and the Council having heard all persons, objections and recommendations relative thereto, and having fully considered the same; herefore, be it RESOLVED, That the Council of the City of Saint Paul hereby orders said improvement to be made. RESOLVED FUxTHER, That the Council hereby determines the estate required for this improvement to be fee simple, absolute and easements as described above; and the City officers and City Attorney are hereby authorized and directed to take all actions necessary to acquire said real estate by purchase or eminent domain. Further Resolved, Tnat the Council hereby determines that the estate required for this improvement be as described above, and that the proper City officers submit a report to the City Council for the purpose of the Council's making an award of damages for the interest acquired and determination of assessments, if any, against the benefitted property. COUNCILPERSONS Yeas Nays qb —Benanav v8lakey �ostrom R'�r'� —Coleman rFlarris xantry �Reiter ORIGINAL ��"N�='F E No. a-� � 1��� a BY ,S In Favor 6 Against ? ��Asc�v�.'� Adopted by Council: Date� aoct3 �V Certified Passed by Council Secretary o� - 54w Public Hearin Re uested for June 4, 2003 � T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 202983 �exax��xD7xECrOR CITY COiJNCIL ntact Person �d Phone Number: A ITY CLERK Paul St Martin (Public Works) 266-6118 UDGETDIltECTOR � N. &MGT.SVCDIR ' YOR(ORASSISTA:VI� RElLASTATEDiVLSIONR00�113UC[i us[ be on Counul Consent A eada bV: L� �/ 6 6 OTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: et date of Public Hearing. cquire pern►anent right of way easements and temporary construction easements to improve Fillmore venue from Wabasha to Livingston. File#AE2003-10 coa��ano.�s:nrraove woxne�ecr m� ERSONAL SERVICE CO�'TRACTS M[JST ANS�VER THE FOLLO�VING: Y�'HI`Il CO�'O" �_ �+'�' . Has the perso�5rm ever worked under a contract tor tLis department? YES NO rnm.mevicecomm�sc�ou _ . Aas this person/Pirm ever been a City employee? YES NO � . Does this person/firm possess a sldll not »ormally possessed by any lain all YES answers on a se arate sheet and attach. UPPORTS WHICH COUNCIL OBJECTIVE? COUNCIL WARD(S) 2, DISTBICT PLANA'ING COLICIL HITIATING PROBLEM, ISSiJE� OPPORTWi ITY (Whq What� When� Where, Why?): � In accordance with the West Side Master Plan (12/9/2001), the City is to complete the improvement of �'Ilmor� Avenue to hetp complete the development of the U.S. Bank Site. VANTAGES IF APPROVED: " The City's comply with its development agreement. ISADVANTAGES IF APPROVED: The work will necessitate the taking of roadway right of way on private properfies . ISADVANTAGES IP NOT APPROVED: � The City's portion of the U.S. Bank developinent agreement will not be in compliance. OTAL AMOUN'P OF TRANSACTION: $33�000 COST/REVEiWE BUDGETED (CIRCLE ONE) YES NO UNDTNGSOURCE: PIOjCCtFUri(IS ACTIVITYNUMBER: L�ANCIAL INFORbL9TION: (EXPLAI� � �� ��3�� : � � � �.6fl� p� -Sy�l SUMhAARY OF ENGINEERING RECOMMENDATIONS FILLMORE AVENUE City Project No. 03-P-1247 Report Prepared — 3-21-03 Public Hearing — To be Scheduled PROJECT lmprove Fillmore Avenue between Wabasha Street and Livingston Avenue, by reconstructing a new bituminous surfaced street with concrete curb and gutter, sidewalks, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, and a new lantern style street lighting system. In addition, sanitary sewer, storm sewer, and water services wil4 be installed if requested by adsacent property owners. Acquire right of way and temporary easements necessary to construct said improvements. PROJECT BACKGROUND It is proposed ta construct Fillmore in accordance with the West Side Flats Master Plan which was adopted by the City Council on December 19, 2001. The development agreement for the US Bank site requires that the City complete the connection of Filimore between W abasha and Livingston by the end of 2003. Completion of the connection requires that a raiiroad grade cross.ing be established on Fillmore Avenue at the Union Pacific Railroad crossing located 425' east of Wabasha Street. The City has offered to fund the construction necessary to compiete the establishment of the crossing including warning signals, gate arms, circuitry and crossing surface materials. The llnion Pacific Railroad has not agreed to the establishment of the crossing. The City has filed a petition with the Commissioner of Transportation for estabiishment of the crossing. R1GHT OF WAY The existing right of way is be 60' wide. and located as per the West Side Flats Master Plan. it is proposed to widen the right of way by 10 feet to the south to create a 70' wide right of way for the entire length of Fillmore Avenue as shown on the attached map. From Wabasha Street through the Union Pacific tracks, the right of way wiil be acquired. Beiween the tracks and Livingston, the right of way will be dedicated to the City by JLT Group as per the development agreement between the St. Paui HRA and the JLT Group. EXISTING CONDITIQNS Filimore Avenue is a paved street centered on a 60 ft. right-of-way, with intermittent sidewalks. The existing street lighting is old-style davit arm fixtures. There are concrete barriers blocking the intersection of Fillmore Avenue and the Union Pacific Railroad, (near Starkey Street). Filimore Avenue between Livingston Avenue and Robert Street has been re-built with a 70 ft. right-of-way in conjunction with the recent West Side Flats/U.S. Bank Page 1 of 3 6� -5y �I, development PROPOSEDIMPROVEMENTS Between Livingston and Starkey, the new roadway will be 38 feet wide with parking aliowed on both sides. Between Starkey and Wabasha, the roadway will be constructed to 48' wide to provide for turning movements and to provide capacity for projected tra�c at the Fiilmore/Wabasha intersection. It is aiso proposed to remove the concrete barriers at the Union Pacific Railroad and establish a signalized at-grade railroad crossing. The connection of Starkey Street to Filimore from the north will be closed due to safety and operational problems caused by having an intersection in ciose proximity to the railroad crossing. The new roadway wili be a bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and oufinrafks, bouievards landscaped with sod and trees, and a new lantern style street lighting system. A new traffic signal wili be constructed at the Fillmore/Wabasha Intersection. POSITIVE BENEFtTS Improvements to Fillmore Avenue wiil accommodate the proposed at-grade railroad crossing, which will mitigate traffic impacts resulting from the US Bank development and future development of the West Side Fiats. ADVERSE EFFECTS The increased width of the street will require the City to purchase additional right-of-way. There will aiso be the normal problems associated with construction such as noise, dust, temporary reduced access to the neighborhood and general disruption will be present. EFFECTS ON TREES Some trees wili be removed due to the widening of the right-of-way and the roadway. However, new trees will be planted as part of the boulevard restoration. TIME SCHEDULE It is anticipated that the construction wiil be completed in summer of 2004. The schedule is dependent on the ruling of the Commissioner of Transportation in regard to establishment of the railroad crossing. COST ESTIMATE Construction Railroad Crossing Signal/Surface Right of Way Acquisition Engineering Misceilaneous $430,000 $300,000 $ 33,000 $107,500 $ 49,500 PROJECT TOTAL $920,000 Page 2 of 3 O'� -5�! � ESTIMATED FINANCiNG 2004 CIB Assessrr�ents ;,:.. ��� a, ��� PROJECT TOTAL $920,000 The CIB funds have been requested as part of the 2004-2005 CIB Process. The proposed assessment is $28.35 per assessable foot for street reconstruction and $5.00 per assessabie foot for lantern style street lighting fro totai of $33.35 per assessable foot. In addition to the abov2 listed costs, storm sewer, sanitary sewer and water services will be installed if requested by adjoining property owners. 100% of cost of services wili be assessed to benefitting property owner. SOURCE OF ADDITIONAL INFORMATION For additional information, contact the Project Engineer, Paul St. Martin, at 651-266-6118. SUMMARY AND REGOMMENDATIONS The Department of Public Works feels that this is a necessary and worthwhile project, and the Engineering Recommendation is for approvai of the project and financing. Respectfuily submitted, Robert Sandquist Director of Public Works Page 3 of 3 „Y yl � e u „ R� 8'Ol b15 3 3(�Y3�tl NO1$`JNNI: � /f— � / � £ £zws 3F� �3p sace+t ats'� — 133ais a315nJ z a z 0 U a F z o- �� �— � v � O V � ^ m J V 0 i�`ii t � � i i i i i i II � � � I� � I .� � � I I � � I I � �� � � � � � N I I � I I I f y ^ I I �; � i I � � � � o m � � � I i I � � � � � I � � 03 - 54y� > �� ¢ \ ` h \ u o' � \ Z ? � � Q O 9 N � m 6 � p� i r o N d K � _ � � E-� � d `a � j o � 0. i U N � 6 6 U 'o � O � � � m C g � d ° CK N � ` - � o �7 �— z � � .� O r - � � SC m W W �+ Of+p 'y15 �j —. C� `~ rc O 133b15 A3NYtl15 a E '� 5 o '` ' � I I ^ � � w b� ¢ ~ j � � 0 0€ �o � N mh � � N _ o u ^ �p_ � � _a� < . U �� Q� � m Q O IPRCP R W � 6 � o�p P°' a� �� h0 E R0� � � Nio e � ~� � 3 �� V � �^ m ti ' +m � n �z Z �Y' r J �°� w 'uicEi - �� � �1 -� "'�5 �� � � io > - - �i � o °O�°,p g � �����03°' ,� b Ix I �n ; .� w��aWap:° n �" � ��� W ' �// i I I _ � II���� � � � 1 I - � I I I��----- a 00 o vis � _ L 133Ell5 VPStl9VM " . 3 ��\ � a o : � / �i� �4i �� -[OOZ 8��orv bw'/+�nsapun�6wVd5�53x\[ 4Weia GW�\3 a3 - sy'i CITY OF ST. PAUL PRELIMINARY ORDER covrrcxL F=v No� 03 - � aY /� � � ' �� � FILE NO. A 03-10 VOTING WARD 2 � � In the Matter o£ acquiring a permanent easement for right of way purposes and a temporary construction easement over under and across the Northwesterly portions o£ the following Blocks: Block 177, Robertson's Addition to West St. Paul; Block 174, Robertson�s Addition to West St. Paul; Block 5, Bazil & Robert's Addition to West St. Paul and Block 6, Bazil & Robert's Addition to West St. Paul, along with any vacated right of way accruing, subject to any easements o£ record. The Council of the City of Saint Paul having received the report of the Mayor upon the above mentioned, and having considered said report, hereby resolves: 1 2 That the said repor` and the same is hereby approved with no alternatives, and that the estimated cost to acquire the property rights mentioned is $33,000 to be financed by Project Funds. That a public hearing be had on said improvement on the 4th dav of June.2003. at 5:30 o'clock P.M., in the Council Chambers of the City Hall and Court House Building in the City of Saint Paul. 3. That notice of said public hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. COUNCILPERSONS Yeas Nays ✓Benanav A��,..t �ostrom ,�eoleman �I3arris �antry �ei. ter � In Favor � Against ! � Adopted by Council: Date�\V '�p o� Certified Passed by Council Secretaxy By a- Mayor