The following is the text of Charlottesville City Council minutes of August 18, 2008 for the following agenda item:

"2. PUBLIC HEARING Approving Temporary Construction Easement for McIntire Road Extended
RESOLUTION* (1st of 1 reading)"

Minutes for council meetings are available by meeting date online at http://charlottesville.org.

The resolution was provided in the online city council agenda for August 18 (with background) and approved as given below:

Agenda Date: August 18, 2008

Actions Required: Yes (One Reading Resolution)

Staff Presenter: Craig Brown, City Attorney

Staff Contacts:
    Craig Brown, City Attorney
    Angela Tucker, Development Services Manager

Re: Temporary Construction Easement – McIntire Road Extended

Background: On October 1, 2007 City Council approved a Resolution authorizing the grant of a temporary construction easement to the Virginia Department of Transportation (“VDOT”) for construction of McIntire Road Extended in the City through McIntire Park. A copy of the minutes from that meeting is attached.

The Resolution passed by Council contained three conditions: (1) certification from the Virginia Department of Transportation that the Commonwealth has acquired title to or a permanent easement over 49.1 acres of real property that will be dedicated for use by the City as replacement park land; (2) review and approval by City Council of the final design of the storm water drainage plan; and (3) written confirmation from the Virginia Department of Transportation that this temporary construction easement will not be used to construct an at-grade intersection at the intersection of U.S. Route 250 Bypass and McIntire Road Extended By letter dated June 30, 2008 to the City Manager (copy attached), VDOT certified that (1) title or a permanent easement has been acquired over 49.1 acres of real property that will be dedicated for use by the City as replacement parkland, and (2) the temporary construction easement will not be used to construct an at-grade intersection at the Route 250 Bypass. It is necessary for City Council to consider the Resolution granting the easement again because the area covered by the easement, as approved in October 2007 has been slightly modified by VDOT as a result of the design of the storm water drainage system.

Discussion: The easement area approved by City Council in October, 2007 and the easement area now proposed are both approximately 22.2 acres. The boundaries of the easement have been slightly modified, however, due to changes in the design of the storm water system, approved in concept by City Council in May 2008. The changes in the easement area are primarily in the northeast corner of the easement, where McIntire Road Extended will intersect with Melbourne Road. This easement allows VDOT access to the property in order to construct McIntire Road Extended. Ownership of the property will remain in the City of Charlottesville.

A copy of VDOT’s standard temporary construction easement and a Resolution authorizing its execution by the Mayor are attached. Council’s prior Resolution contained a number of expectations regarding Albemarle County’s commitment to certain transportation initiatives, which have been retained in the attached Resolution. Budget Impact: The City’s total cost for this project is 5% and funds are budgeted in the Capital Improvements Program.

Recommendation: Staff recommends approval of the Resolution authorizing the grant of the temporary construction easement.

Attachments:
    October 1, 2007 Council minutes
    VDOT letter dated June 30, 2008
    Temporary Construction Easement, with plat dated June 23, 2008
    Resolution

A RESOLUTION AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT IN MCINTIRE PARK TO THE COMMONWEALTH OF VIRGINIA

WHEREAS, the City of Charlottesville is the owner of McIntire Park; and,

WHEREAS, the Commonwealth of Virginia, through its Department of Transportation, has requested a temporary right and easement to use approximately 22.2 acres within McIntire Park for the construction of McIntire Road Extended, also known as the Meadow Creek Parkway, and related utility and drainage work; and,

WHEREAS, by Resolution adopted October 1, 2007 City Council authorized the granting of the easement upon the fulfillment of certain conditions; and, WHEREAS, in accordance with the prior Resolution the Virginia Department of Transportation (“VDOT”) has certified that it has acquired title to or a permanent easement over 49.1 acres of real property that will be dedicated for use by the City as replacement park land, and that this temporary construction easement will not be used to construct an at-grade intersection at the intersection of U.S. Route 250 Bypass; and,

WHEREAS, the storm water drainage system has been designed in accordance with the concept previously approved by the Council.

NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Charlottesville, Virginia that this Council hereby authorizes the Mayor to sign the following document, in form approved by the City Attorney:

Agreement between the City of Charlottesville, as “Grantor” and the Commonwealth of Virginia, as “Grantee”, granting a temporary construction easement across and through McIntire Park for construction of McIntire Road Extended, and related utility and drainage work. The approximate location of the easement area is shown on a drawing dated June 23, 2008 and entitled “Proposed McIntire Road Extended U000-104-V02, PE-101”.

BE IT FURTHER RESOLVED that this Resolution is enacted with the expectation that Albemarle County, in response to the granting of this temporary construction easement, will:

1) Commit to a continued and substantial increase in funding for public transit;
2) Commit to making extensive pedestrian and bicycle improvements within the urban ring;
3) Commit to building a transportation connector between Sunset Avenue and Fontaine Research Park/29-250 Bypass that would divert traffic from Old Lynchburg Road; and
4) Commit to continued development of alignment and funding scenarios for the Eastern Connector.

BE IT FURTHER RESOLVED that the Charlottesville City Council requests that the Virginia Department of Transportation use any means at their disposal to ensure that Albemarle County is capable of meeting the City Council’s expectations as expressed herein.

City Councilors are Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris (mayor), and Mr. Taliaferro.

City Attorney is Mr. Brown.

PUBLIC HEARING/RESOLUTION: APPROVING TEMPORARY CONSTRUCTION EASEMENT FOR MCINTIRE ROAD EXTENDED

Mr. Brown explained that Council approved the temporary construction easement in October of 2007 subject to the following conditions: 1) certification from the Virginia Department of Transportation that the Commonwealth has acquired title to or a permanent easement over 49.1 acres of real property that will be dedicated for use by the City as replacement park land; 2) review and approval by City Council of the final design of the storm water drainage plan; and 3) written confirmation from the Virginia Department of Transportation that this temporary construction easement will not be used to construct an at-grade intersection at the intersection of U.S. Route 250 Bypass and McIntire Road Extended. Mr. Brown said the conditions have been met, but it is returning to Council because the construction footprint has changed due to the drainage plan. Mr. Brown said the City will retain ownership of the property.

The public hearing was opened.

Mr. John Cruickshank, 700 Spring Lake Drive, Earlysville, representing the Piedmont group of the Sierra Club, asked that the park be preserved and the road be abandoned. He presented a petition with 425 signatures in support of this position. He said Council should develop a transportation plan with alternatives to vehicles.

Mr. Chad Freckmann, 627 Hinton Avenue, said the City has an opportunity to look at innovative transportation alternatives. He asked what happens if we go over the federal budget for the interchange. He said we should abandon the easement and put the money to greater use.

Ms. Heather Peck, 760 Lexington Avenue, echoed the previous speakers. She said we have a budget shortfall now. She said our fuel driven economy is killing people in Iraq. She said money should be put into mass transit.

Ms. Mary Kelly, 760 Lexington Avenue, echoed other speakers. She said we should leave green space to the next generation. She said we need alternative solutions.

Mr. Zachary Shahan, 701 E. High Street, supported the previous speakers. He said we need to reduce greenhouse gas emissions. He said this is an auto-centric plan.

Mr. Alexis Zeigler, 912 Woodfolk Drive, presented graphs of oil production in the world, oil trade, and new oil projections. He said we need to do things differently.

Mr. Peter Kleeman, 407 Hedge Street, said it is not correct that the easement will go back to the City. He said other areas will have permanent easements. He said he thinks the material presented to Council is incorrect. He said the technical elements should be correct.

Mr. Che Stratos, 803 Hillcrest Road, said his neighborhood will be impacted by elimination of the Hillcrest intersection. He said the impact of this closing should be studied and there should be a different design.

Mr. Robert Brandon Smith, III said he agrees with the previous speakers and the parkway should be killed. He said it is a taking of City land by the County.

Mr. Stephen Bach, 1208 Meriwether Street, said Council has forsaken conditions placed on the Parkway such as the Eastern Connector and Southern Parkway.

Ms. Colette Hall, 101 Robertson Lane, President of North Downtown Residents Association, said that traffic will affect North Downtown neighborhoods. She said that one of the driving forces behind the Parkway is the Chamber of Commerce so people will come downtown. She said people already come downtown. She said North Downtown will be used as a shortcut to I-64.

Mr. Dan Bluestone, 501 Park Hill, said the designs are deeply flawed for the interchange. He said other issues need to be addressed before the easement and design are approved.

As there were no further speakers, the public hearing was closed.

Mr. Huja said it is his understanding is this is the same easement previously approved with minor changes. He said transportation is an important part of any community, and there has to be a balance. He said a commitment to pedestrians, bicyclists and roads is a part of that. He said he supports the easement.

Mr. Taliaferro said he supported the easement last time and intend to support it this time. He said the Parkway is important to the future of downtown.

Dr. Brown said important issues have been raised, but they are more about future transportation than the Parkway. He said we need genuine choices for people. He said we cannot pull money out of this project and give it to other things such as the bus system. He agreed with Mr. Huja and Mr. Taliaferro that for where we are now this is an important road. He said we need a vibrant downtown. He said we need to work with Albemarle County. He said he agrees with devoting more money to walking and bicycling.

Mr. Norris said there has been a shifting series of conditions. He said he did not want to leverage this asphalt for more asphalt, but instead is interested in making a substantial investment in other areas. He said he does not think there has been sufficient progress on those. He said he never has been a fan of the road and will vote against the easement.