File #: 17-088    Version: Name: Exposition Gardens ROW Acquis for Northmoor Ph IV
Type: Purchase Status: Approved
File created: 3/21/2017 In control: City Council
On agenda: 4/25/2017 Final action: 4/25/2017
Title: REVISED Communication from the City Manager and Director of Public Works with a Request to APPROVE a Development Agreement with EXPOSITION GARDENS, INC., and AUTHORIZE a Negotiation in an Amount Not to Exceed $150,000.00, for Right-of-Way Acquisition and Easements of a Portion of Parcel 14-17-100-001 for the Proposed NORTHMOOR ROAD IMPROVEMENT PROJECT (ALLEN ROAD to UNIVERSITY STREET), and for the compensation for a reduction of the size of Exposition Gardens freestanding sign. (Also Refer to Item 17-081) (Council District 4)
Indexes: Goal 1 - Financially Sound City , Goal 2 - Safe Peoria, Goal 3 - Beautiful Peoria, Improve Peoria Public Schools, Invest in our infrastructure and transportation, Reinvest in neighborhoods
Attachments: 1. AGMT NO 17-088 Exposition Gardens Let Development Agmt, 2. EXPO-20161207, 3. Expo Development Agreement Final Redline, 4. Expo Exhibits 42517, 5. Expo Gardens Development Agreement Executed Version

ACTION REQUESTED: 

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REVISED Communication from the City Manager and Director of Public Works with a Request to APPROVE a Development Agreement with EXPOSITION GARDENS, INC., and AUTHORIZE a Negotiation in an Amount Not to Exceed $150,000.00, for Right-of-Way Acquisition and Easements of a Portion of Parcel 14-17-100-001 for the Proposed NORTHMOOR ROAD IMPROVEMENT PROJECT (ALLEN ROAD to UNIVERSITY STREET), and for the compensation for a reduction of the size of Exposition Gardens freestanding sign.  (Also Refer to Item 17-081) (Council District 4)

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BACKGROUND:  The attached Development Agreement has been executed by Exposition Gardens, Inc. and is different from the original item in the Council packet.  Also included is a redline version of the agreement.  The changes from the previous version include:

 

1.                     The dedication of the right of way is subject to all easements of record.

2.                     The City will install the sanitary sewer connection to the property and utility sleeves to protect the new roadway.

3.                     The City will ensure that existing driveways and entrances to Exposition Gardens are reconnected at grade.

4.                     Exposition Gardens, Inc., and their successors and assigns, agree to certain development standards as part of the agreement:

a.                     There shall be no vehicular drive throughs;

b.                     All buildings will be constructed primarily with brick; and

c.                     All buildings shall face Northmoor road with their primary functioning entrances/exits facing Northmoor.

d.                     With this adoption, there will be no need for an additional agreement between the City and Exposition Gardens, Inc.

 

The executed Development Agreement still provides that Exposition Gardens, Inc. will dedicate the necessary right of way and temporary easements needed by the City for the construction project for $100,000.  The City will relocate their entrance sign to the right of way, and the relocated sign will be no higher than six (6) feet and a size no greater than fifty (50) square feet.  The City will compensate Expo Gardens Inc. $50,000 for the reduction of the sign size.  Both parties agree that all buildings constructed on the lots created shall adhere to minimum standards requiring, among other things, that the design, materials, elevations and siting of all buildings and other improvements on the lots be consistent with and equal to or better than the quality and character of the buildings and other improvements of the most immediate neighbors of the lots along the north side of Northmoor Road: Northmoor Middle School, Richwoods High School and Independence Village. To assure compliance with the Standards, no building permit shall be issued or hook-up to the sewer system allowed unless and until all plans and specifications for all construction and other improvements on the lots are reviewed by the City and the City issues a written finding that such plans and specifications comply with the standards.

 

The Northmoor Road project, from Allen Road to University Street, is the final phase of improvement to this arterial street that needs significant infrastructure repair. The segments of Northmoor Road between University Street and Knoxville Avenue have been previously reconstructed in the past eight years. The design of the proposed section of Northmoor Road follows Complete, Green Streets infrastructure policies, by installing a permeable pavement bike lane, new sidewalks, pedestrian-scale street lighting, and a new concrete pavement roadway.

During the past six months, Public Works has been coordinating project design and construction sequencing with Peoria Public Schools and Exposition Gardens. Due to the periodic, but significant, pedestrian and vehicular traffic patterns of Richwoods High School, the Peoria Public Schools Transportation Facility (bus barn), Exposition Gardens, and Northmoor Grade School-all adjacent to each other within the project limits-have all agreed to pursue the concept of a frontage-type road and sidewalk system, which will funnel traffic safely and efficiently to a signalized intersection on Northmoor Road and provide ample space to accommodate student drop off and pick up by parents and by buses. In addition, pedestrians in the vicinity will have three locations to cross Northmoor:  at Graceland, at Rosemead, and along the Richwoods High School frontage. (See attached conceptual plan.) Finally, the frontage-type road system will be used during Northmoor Road’s construction staging to minimize disruption in the vicinity of the schools and fairgrounds.

 

To accomplish the construction of the frontage-type road, the City requires the acquisition of approximately 1.61 acres of right-of-way, as well as permanent and temporary easements. (See attached plat.)  The construction of this frontage-type road system will also create three new lots, the zoning of which is the subject of City Council Item 17-081.

 

City Staff wishes to acknowledge the significant time commitment of Exposition Gardens, Inc. Board Members and Peoria Public Schools Staff in working toward a solution to promote pedestrian and vehicular accessibility and safety in this busy area of Northmoor Road.

 

FINANCIAL IMPACT:  The not to exceed amount of $150,000 for right-of-way acquisition and easements, and sign compensation will be paid with funds from Community Investment Program Project M14302, Northmoor Road Improvement (Allen Road to University Street). 

 

NEIGHBORHOOD CONCERNS:  Northmoor Road is an arterial street in need of repair. Significant effort has been directed toward coordination among Exposition Gardens, Peoria Public Schools, the Peoria Fire Department, and other property owners to address construction logistics and safety. Two recent public meetings were held on January 23, 2017 and March 23, 2017.

                     

IMPACT IF APPROVED: The City will have a portion of additional right-of-way needed to build the improvement.

 

IMPACT IF DENIED:  The City will not have the necessary right-of-way to build the improvement, and the delay could jeopardize grant funding.

 

ALTERNATIVES:  N/A

 

EEO CERTIFICATION NUMBER: N/A

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Attractive Neighborhoods with Character: Safe and Livable                     

2. Grow Peoria: Businesses, Jobs, and Population

3. Financially Sound City Government, Effective City Organization

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Invest in our infrastructure and transportation.                     

2. Reinvest in neighborhoods.                     

3. Improve District 150.                     

 

DEPARTMENT: Public Works