HomeMy WebLinkAbout2009-06-29 JointJune 19, 2009
MEMORANDUM
TO: Tammy de Weerd, Mayor
Meridian City Council
FROM: Caleb Hood, Planning Manager
CC: Meridian City Clerk
Susan Slaughter
Anna Canning
RE: ACHD Cost Share Policy/Procedures
Agenda Item for June 29th, 2009 Joint Meeting
On May 27th, the ACHD adopted a Cost Share Policy (attached). According to ACHD
Staff, the purpose of the Cost Share Policy is to: 1) Define the role of ACRD, cities, the
county, urban renewal agencies and other potential partners in funding both transportation
and "non -transportation" elements of ACHD's road projects; and, 2) Maintain flexibility
for ACHD to consider unique features of projects and recognize the desires of the
partnering agencies for roadway features within their boundaries. The primary purpose of
the policy is to establish a clear and equitable system for ACHD to work with its partners to
include features such as landscaping, specialized pavement treatments, decorative lighting,
public art, and other aesthetic features outside the curb and beyond the transportation
elements that are necessary for safety and mobility.
As Staff, we have questions and concerns regarding this policy. In particular, we feel it is
important to understand how ACHD envisions implementing this newly adopted policy and
what the process for sharing the costs will be. A few of the questions for ACHD Staff and
the Commission are:
What will be constructed if the City does not participate in cost sharing?
How will the Cost Share Policy be applied on roadways in the City's Area of Impact,
but not yet annexed into the City?
Through approval of the Cost Share Policy, ACHD determined that Idaho Code, Title
40, Chapter 14 and Title 40, Chapter 13, does not allow the District to incur any costs for
"non -transportation" improvements. However, State Statue seems to put sole authority of
ROW acquisition and costs with the county -wide highway district. The City questions
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 209 -99R -6R54 . www mPridianrity nry
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whether these same State Statutes allow the City to expend funds that go towards the
purchase of ROW and/or design and construction of improvements within the ROW. Is
City participation and expenditure within the ROW limited to landscaping? The City
questions whether State Statute limits the District's authority to those things explicitly
listed in Idaho Code (e.g. — design, construction, maintenance of travel lanes, bike lanes
and curbs, etc.), or instead lists them as minimum responsibilities of the District. Has
ACHD Staff contacted the Attorney General's Office?
The Policy seems to be written so that ACHD has the power to disregard other agency
requested improvements. The City may view some roadway related features as publically
necessary. How does ACHD envision proceeding with a project if ROW
acquisition/negotiations (that will accommodate the City's "requested" improvement)
breaks down with a private property owner? Will ACHD determine that City -requested
improvements are publically necessary and exercise its power of eminent domain?
Can ACHD Staff walk through a hypothetical project step-by-step to understand how
the policy will be applied? Perhaps 30111 Street in Boise would be a good example?
Similar to ACHD, the City sets and adheres to an annual budget. The timelines that
ACHD has given to participate (or not) in a roadway project using the Cost Share Policy
are not conducive to the budget process. Please explain how flexible this policy will be
applied regarding agency participation.
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3109.11 Project Cost Responsibilities
ITEM
ACHD COST
PARTNERINGAGENCY'
Design
Standard Design
Design of Amenities
Right -of -Way
Project specific design dimensions
Extra Right of Way (ROW) for
or Livable Street Design Guide basic
amenities as outlined in policy,
street section if typology adopted by
including damages, buyouts
ACHD and jurisdiction in Master
and associated legal costs
Street Map or ACHD Capital
Improvement Plan -subject to public
necessity requirements for eminent
domain as set forth in the Idaho
Constitution Art. I, § 13 and Idaho
Code § 7-701 et seq.
Through and
Project specific design dimensions
None
Center Turn
or Livable Street Design Guide
Lanes, Curb and
dimensions if typology adopted by
Gutter, Utility
ACHD and jurisdiction in Master
Strip
Street Map or ACHD Capital
Improvements Plan
Medians
If needed for traffic safety &
Upgraded hardscape or
operations, with hardscape
landscaping and irrigation if
median is needed for traffic
management. All ROW,
construction, and maintenance
if median is for aesthetics only
Buffer Zone
As specified in the Livable Street
Landscape costs, construction
Design Guide for the basic
and ROW in excess of 6';
pedestrian zone; 6' ROW if
perpetual maintenance of
partnering agency chooses to
landscaping
landscape -subject to public
necessity requirements for eminent
domain as set forth in the Idaho
Constitution Art. I, § 13 and Idaho
Code § 7-701 et seg.
Bike Lanes
5' unless constrained in a built
Greater than 5' unless
environment, then determined during
otherwise specified in an
project design
adopted plan
Sidewalks
5'
Greater than 5' unless
otherwise specified in an
adopted plan
On Street Parking
ROW, design, construction and
Dedicated by the partnering
maintenance on ACHD arterial
agency or developer for
projects
collectors and local roads.
Dedicated by developer for
arterials when required as a
condition of development
approval.
Illumination
Primarily of benefit to motorists
Energy and Maintenance
(lighting)
costs, Pedestrian lighting