Utah Transportation Commission Meeting
Salt Lake City, Utah
March 1, 1996

The regular meeting of the Utah Transportation Commission, held at 4501 South 2700 West, Salt Lake City, was called to order at 9:05 a.m. by Commission Chairman Glen E. Brown.

Approval of Minutes
Commissioner Lewis moved to approve the minutes of the February 16, 1996 Commission Meeting held in Salt Lake City, it was seconded by Commissioner Larkin and passed unanimously.

Certificate of Appreciation - Robert W. Brandt
Robert W. Brandt, with his wife Gay, were presented to the Transportation Commission by Bob Barrett to receive a Certificate of Appreciation for his 21 years of service on the Aeronautical Committee. Chairman Brown made the presentation and thanked him for his long and exemplary service. Mr. Brandt said it had been a very pleasant experience. He expressed concern about the restriction in funding from the federal Aviation Trust Fund, and also commented presently the operation of the aircraft at the Aeronautical Division is not self-sustaining through the usage by the various departments; it would be better if the aircraft can be self-funded by users.

25-Year AASHTO Awards
Director Warne presented 25-Year Awards from the American Association of State Highway and Transportation Officials (AASHTO) to Kim Schvaneveldt, Clinton D. Topham, and Lynn R. Zollinger. This recognition is given to those who have given long service to the AASHTO organization an have served for 25 years in a position of senior management or leadership role within UDOT.

US-89 Frontage Road near Shepherd Lane - Partnering Proposal
Director Warne explained that Farmington City and Golder Corporation desire to partner with UDOT in the acquisition of right-of-way and construction of a frontage road on the west side of US-89 between Shepherd Lane and 1875 North near Cherry Hill in Farmington. UDOT agrees this is work that ultimately would have to be done and which ultimately would be part of the final alignment and construction of the US-89 improvements to be funded from the Centennial Highway Endowment Fund. That is a ten year fund and US-89 is not anticipated to be built for five to seven years, but Farmington and Golder would like to be able to do the work now.

Director Warne said the department could not recommend advancing funding for this proposal when there is no immediate benefit to UDOT. However, if Farmington and Golder acquire the right-of-way and construct the road, with reimbursement by UDOT out of the Centennial Highway Endowment Fund at some future date, that would be something UDOT would entertain and could recommend to the Commission.

Dyke LeFevre introduced Max Forbush, Farmington City Manager, and John L. Lingard from Golder Corporation. Mr. Lingard detailed Golder Corporation’s proposal to trade approximately 5.5 acres of property to UDOT which will be required by UDOT for expansion of US-89 and for UDOT’s portion of the access road. They value that property at somewhere between $250,000 and $300,000. UDOT will also be eliminating a 16-foot and a 50-foot access off of US-89 and a value will have to be established for those; Golder estimates it at about $120,000. That brings the total value they would contribute to the partnership to about $400,000 to $425,000. Bob Fox stressed that Right of Way has had no discussion on value with Golder. Mr. Lingard continued that they asked Farmington City’s engineers, CRS Engineering, to do an estimate of what it would cost for the road improvements Golder proposes to do. Their estimate for the road costs alone is approximately $306,000 on their least expensive option, and adding in engineering fees and the storm sewer brings that cost to approximately $425,000 for the road improvements.

Their proposal is to contribute roughly half the cost of this project, which would give UDOT right-of-way up to the Cherry Hill Interchange so UDOT would not have to secure more right-of-way when it comes time to do the improvements on US-89. In exchange Golder would receive funds that would be dedicated to the construction of the access road. They would prefer to have a commitment for present dollars, but if they can’t get present dollars they would accept a commitment to be reimbursed by UDOT at some point in the future when they have funds which would be allocated to the US-89 project.

Mr. Forbush commented that their letter to Dyke LeFevre was a bit misleading. He clarified that Farmington City does not presently own any of the property which is being proposed to be traded to UDOT, although they do have an option to buy some of the land from the LDS Church. Likewise, Golder Corporation does not own, but has secured options for the remainder of the property which will be required.

There was a lengthy discussion about the proposal. Farmington City has master planned the west side of the highway all the way from Shepherd Lane to near Cherry Hill to fit with UDOT’s Preferred Alternative in the Draft EIS. It is roughly 60 acres and keeps development back from the highway as a buffer area for noise abatement and also provides a park area in the center to maintain open/green space.

Commissioner Weston asked for Dyke LeFevre’s opinion on the proposal. Dyke responded in favor of the proposal. He recommended the project be put in the STIP and that it advance through the program; the earliest the funding would be available would probably be the year 2000, and we would reimburse Farmington/Golder at that time, but possibly over several years. There would be a line item for this project with so much money programmed each year for reimbursement.

Bob Fox recommended, if the Commission chooses to enter into an agreement with Farmington/Golder, that the parties agree upon two competent appraisers to establish an appropriate value on the property. The difference between the two appraisals would be the agreed upon value, then there would be no issue of condemnation or legal ramifications. That way all parties agree to a particular process up front to establish the value of the property.

Commissioner Lewis commented that in the past the Commission has admonished groups for not preserving right-of-way, and he commended Farmington City for working hard to master plan the area and work with the developer and the state. He felt this kind of action should be encouraged. As long as it can be done within the parameters given the Commission, it is something we are going to do anyway, and the precautions and care suggested by staff are observed taken, he feels it makes some sense to try to preserve this area, and it may actually save us some money. He thought it could send out two messages: That all these kinds of proposals will be looked at case-by-case; and those who genuinely try to preserve corridors to facilitate future highway work ought to get some consideration.

Commissioner Lewis made a motion to authorize UDOT to proceed with negotiating an appropriate arrangement with Farmington City and Golder Corporation on this proposal. The motion was seconded by Commissioner Weston.

Commissioner Weston said he is very frustrated with how long the environmental process has taken for Mountain Road and the development which has occurred adjacent to it, development which must be bought out for the necessary right-of-way. He would like to see something concrete happen along that corridor and feels this would be a good place to start. He supports the motion.

Commissioner Clyde added that we need in the language something that clearly specifies the commitments being made and that this is to be intact. He frankly supports the concept, but he just doesn’t want something to crop up in the future which causes us some problems.

Commissioner Larkin commented this is what we should be doing every place if we can get some help; this is a good concept.

Chairman Brown said this motion would direct UDOT staff to negotiate an agreement which will have to come back to the Commission for final approval of the proposition. He cautioned staff that we are operating on very limited funds and we need to make sure we take care of the state’s interests. Obviously the developer is getting some immediate benefits in exchange for commitments from the state to be reimbursed. He thinks all the issues should be on the negotiation table to make a fair deal for all parties.

Chairman Brown called for a vote on Commissioner Lewis’ motion, seconded by Commissioner Weston, to authorize UDOT staff to proceed with negotiating an agreement with Farmington City and Golder Corporation for the development of the access road along US-89 in the vicinity of Shepherd Lane; the agreement to come back to the Commission for final approval of the proposition. The motion passed unanimously.

Resolution
I-15, 10600 South, 9150 South and 9000 South Railroad Grade Separation, and I-15/90th South East Side Frontage Road Connection
Chairman Brown explained this resolution was deferred from the February 16 Commission Meeting to allow the Commission time to view the site and get a better perspective on the issues raised. It was noted each Commissioner had visited the area.

Byron Parker explained staff has met several times with the business owners, Sandy City and South Jordan City to discuss the impacts and options. He stressed staff will always be willing to consider their input into our process. Staff has held two meetings with those involved since last Commission Meeting, and staff still feels the resolution which was presented at the February 16 Commission Meeting and which is being presented again today is the proper one. Adoption of the resolution was requested.

Mr. Steve Christensen, counsel representing Dennys, Sleep Inn, and Super 8 Motel reiterated his concerns expressed at the February 16 Commission Meeting that the businesses would be damaged by eliminating the left turn access to the frontage road where they are located, and that the remaining right turn access, U turn access at 400 West, and the new circuitous access road being constructed at 400 West and back to the frontage road was not reasonable access for them. They anticipate the businesses will fail once the direct left turn access to the frontage road is cut and say they will have no choice but to take this to court for damages

Chairman Brown asked if anyone was present from South Jordan and no one responded. He expressed serious concern with South Jordan’s plans to construct an at grade railroad crossing along their new access road at 400 West. UDOT is working to eliminate the at grade crossing on 10600 South, yet South Jordan is constructing another at grade crossing only 1/4 mile south and is perpetuating the problem UDOT is trying to solve. On principal he strongly opposed contributing UDOT funding toward construction of South Jordan’s access road unless they construct a grade separated railroad crossing at 10700 South. There was a lengthy discussion about the railroad crossings and the fact South Jordan is actually closing one inadequate at grade crossing at approximately 11000 South and constructing a new at grade crossing with signals and gates at approximately 10700 South on the 400 West access road. Commissioner Larkin agreed South Jordan’s proposed at grade crossing was unacceptable.

There was mention of the fact that UDOT is constructing a grade separated railroad crossing at 9150 South rather than an at grade crossing, and staff indicated that is only because the elevation of the railroad at that location makes a grade separation more feasible and cost effective.

There was also discussion about the 400 West access road to be used as a temporary detour while the grade separated railroad crossing is completed on 10600 South. Staff commented we will be spending $1 million for a temporary detour whether we contribute that funding to South Jordan’s road or not. However, it was felt it was better to contribute the $1 million toward South Jordan’s access road, which we would be using as a temporary detour, because it will be a permanent road that contributes to transportation infrastructure which ultimately benefits citizens. That is a better expenditure of public funds than to construct then tear out a temporary detour; that is just throw-away money and contributes nothing permanent. Besides, South Jordan will construct the road regardless of whether or not UDOT contributes the funding.

Mr. Richard Conto, owner of Parkway Mobile Home Park, restated his concerns expressed at the February 16 Commission Meeting. There is an existing concrete block wall separating the trailer park from the railroad. The grade of the railroad is being raise three feet on one end of the trailer park and graduating to nine feet at the other end and. Mr. Conto believes there will be a noise and visual impact to the trailer park. He said he has been told by about twenty residents that if something isn’t done to mitigate that they will move. There is perceived danger from the increased visibility of the train with the raised railroad grade. Spaces in the park are valued at about $20,000 and if he loses twenty residents he will be damaged in the amount of $400,000. Mr. Conto said they did something when the park was built to separate them from the railroad, and all he wants is to maintain that same level of separation by construction of a 16-foot high noise barrier.

Dean Bressler explained a noise analysis is being prepared in accordance with UDOT policy and should be completed in two to three weeks. If the finding is that there will be an impact to the trailer park then UDOT policy will prevail and appropriate mitigation measures will be put in place as part of the project. Byron Parker commented that UDOT doesn’t consider mitigation for visual impact.

There was discussion about the impact to the trailer park. Commissioner Weston suggested trees make a very good visual barrier. Commissioner Lewis said legally we are charged to take care of safety issues, but that we are not particularly authorized or required to take care of perception issues.

Director Warne commented the resolution deals with the environmental process and the concept of the project. Specific mitigation that might come out of continued work with the local businesses and residents is part of the process and something which must be handled as the process continues. The Department has the obligation to mitigate and there are very specific things we are obligated to do regardless of the resolution, because they are the right thing to do.

Commissioner Weston asked about providing access to the Comfort Inn from the relocated east frontage road connection at 9000 South (on the north side of Comfort Inn). Byron Parker responded he didn’t see any problem with providing another entrance to the hotel from that road, however, that will be a Sandy City road and staff would have discuss the issue with Sandy City’s Planning Department and it should be requested by the Comfort Inn.

Commissioner Weston also said UDOT can provide directional signing to these businesses on our highways which may help customers access the businesses.

Commissioner Clyde moved to adopt the resolution as presented, it was seconded by Commissioner Larkin, and carried with affirmative votes from Commissioners Weston, Larkin, Lewis and Clyde; Chairman Brown voted nay.

R E S O L U T I O N
Railroad Grade Separations
At 10600 South, 9150 South and 9000 South
Project No. SP-15-7(115)296
I-15/90th South East Side Frontage Road Connections
Project No. SP-15-7(104)297
In Salt Lake County

WHEREAS, in accordance with State and Federal Law, an open forum public hearing was held in the Sandy City Hall on December 11, 1995 by the Utah Department of Transportation to discuss the location and design features, and the environmental effects of construction of railroad grade separations at 10600 South, 9150 South and 9000 South, and the I-15/90th South East Side Frontage Road Connections; and

WHEREAS, location, design features, and environmental aspects of the project were discussed at the hearing; and

WHEREAS, there have been no significant changes in the project concept as a result of the public hearing; and

WHEREAS, the Utah Transportation Commission has considered all testimony given at the hearing and the social, economic, environmental and other effects of the proposed project.

NOW THEREFORE, be it resolved that the Utah Transportation Commission concurs and supports the design features of the proposed alternatives, identified as Railroad Grade Separations (affecting 10600 South, 9150 South and 9000 South) in Salt Lake County; and I-15/90th South East Side Frontage Road Connections in Salt Lake County, be adopted as the preferred alternatives as presented in the environmental document and presented at the public hearing, each of which are described in the attachments to this resolution.

DATED this 1st day of March, 1996.

Utah Transportation Commission
Glen E. Brown, Chairman
Todd G. Weston, Commissioner
James G. Larkin, Commissioner
Ted D. Lewis, Commissioner
Hal M. Clyde, Commissioner

ATTEST:
Shirley J. Iverson, Commission Secretary

Planning and Programming
Formula for MPO Funding
John Quick presented information to the Commission concerning a possible change in the formula for funding to the Metropolitan Planning Organizations.

A handout indicated two options and listed the dollar amounts for funding distribution. Option A, is the current method of distribution and uses straight population values for distribution. It indicates WFRC has 79.47% of the population in the MPO areas (WFRC actually represents two urban areas - Salt Lake and Ogden), MAG has 16.71%, and CMPO and 3.82%.

Cache MPO feels their funding is inadequate and they need a base amount in order to provide the service required of them. Staff estimates that should be around $60,000, $50,000 minimum in planning funds and $10,000 minimum from transit funds. Option B is the proposed change in the formula which would provide that floor or “hold harmless” amount. Under this option the funds would still be allocated based on population, but if any MPO had less than $50,000 in planning funds they would still receive that $50,000 base amount, with the remaining funds being distributed between the remaining MPOs based on population. Using Option B could have some impact on the other MPOs but it would generally be a rather minimal amount which they would lose. The total amount being supplemented to CMPO from the other MPOs would be under $10,000 in 1997.

Dave Miles indicated they had talked to Will Jefferies of WFRC about the Option B concept, and while they don’t want to lose any funds, they would understand. Mr. Jefferies had also indicated that WFRC offered the CMPO any help they can that might save some administrative effort for CMPO.

There was discussion about the MPO process, the probability that two or possibly three new MPOs could be established after the next census, the proposed Option B, and what possibility there was for supplementing the minimum base funding from different funding sources so the other MPOs wouldn’t be adversely affected at all. It was determined it could be done with State Construction Funds or from UDOT’s own State Research Funds, but that would reduce the Planning Division’s budget. It was also noted that the MPOs could use their own construction funds for planning.

Kathleen McMullen of MAG stated she is very much in favor of there being a floor amount for the MPOs and she also extended an offer of MAG’s help to Cache MPO.

Jim Gass of the CMPO expressed the difficulties of the smaller MPOs meeting the requirements of ISTEA, even with a $60,000 base amount. Cache became an MPO in December 1992 and they are just now in the process of hiring a consultant to help them with their long range plan. He says $60,000 is an improvement, but he still feels it is an inadequate amount; he suggested $70,000 would be better, but personally would like the planning funds divided by thirds. He cited MPOs in Idaho of relatively the same size as Cache MPO receive more funding than Cache.

Commissioner Lewis made a motion that a floor of $60,000 be established for Fiscal Year 1997 and that the supplemental funding necessary to reach the $60,000 floor for Cache MPO come from State Construction Funds rather than taking it from the other MPOs. Commissioner Weston seconded the motion.

There was discussion about the motion, and Commissioner Weston withdrew his second; no one else seconded the motion so the motion died.

Commissioner Clyde made a motion to adopt the proposed formula change, Option B, to establish a $60,000 floor for the MPOs; further, that for Fiscal Year 1997 only, additional supplemental funding in the amount of $10,000 from State Construction Funds be allocated to Cache MPO to give them $70,000 for FY-97 only. The motion was seconded by Commissioner Weston, and it carried with a majority vote by Commissioners Brown, Weston, Larkin and Clyde; Commissioner Lewis voted nay.

Chairman Brown had to leave the meeting and turned the Chair over to Commissioner Weston. A short break was called.

Planning and Programming
Antelope Drive, Layton
Dyke explained Layton City has approached Region One to build a .8-mile section of SR-108, a street running from I-15 to SR-232 in Layton; we have that project in the 1998 Fiscal Year. Because of development in the area Layton City would like to advance this project to start construction this summer and be completed next summer.

Layton City proposes that if UDOT will advance them the funding we have proposed for the project, they will do the engineering, acquire the right-of-way, construct the project, then take over the road and maintain it as their highway from now on; it will be built to UDOT standards. Dave Miles explained the project cost is underestimated in the STIP at $2.55 million. The most recent estimate is over $3 million, but staff has told Layton that $3 million is all they would propose to the Commission; an increase of $450,000.

Dyke continued that Region One has a current project on SR-126 in Ogden, which is a $4+ million project. Region one proposed to switch those projects in the STIP.

Commissioner Lewis moved to approve the proposal on the Antelope Drive project , SR-108 from I-15 to SR-232 in Layton, to increase funding $450,000, added to the $2,550,000 already programmed, for a total project cost of $3 million.; further, enter into an agreement with Layton City for the sum of $3 million to design, acquire right-of-way, and construct the road to UDOT specifications, and that the road will come off the State Highway System and jurisdiction will transfer to Layton City upon entering into the agreement. The motion was seconded by Commissioner Larkin and was approved unanimously.

Clint commented that after the agreement is negotiated, staff will come back to the Commission requesting an action to remove SR-108 from the State Highway System, probably before July 1.

Legislative Summary
Clint Topham reviewed a list of Legislative bills that were pertinent to the Commission and Department.

HB 54, Transportation Commission Membership, increases the Commission from five to seven members, and defines the areas of representation; effective July 1, 1996. It was noted there would need to be an appointment from the Weber/Davis/Morgan County area, and an appointment from Carbon/Emery/Grand/San Juan Counties in southeastern Utah.

Other bills addressed were:

• Design/Build Construction Process which passed easily
  
• Centennial Highway Endowment Fund passed. Clint explained the bill was amended in the Senate to include many projects; they were not big projects, but projects which legislators were frustrated with because they were not getting done. The bill moved back to the House and the amendments were taken out, and when it went back to the Senate it passed without the amendments. The feelings of the Senators should be noted; also there was concern expressed in the Legislature that I-15 is going to gobble up all the funding from CHEF.
  
• Noise Wall Bills. Senator Black’s bill, which we have been supporting for several years, passed. It establishes that local communities must have noise ordinances and must require noise walls if subdivisions are constructed next to the highways.

Senator Beatty had a bill which set up the Noise Abatement Fund to fund retrofit noise walls. It says there is a fund established and UDOT shall use monies as prioritized by the Commission and as provided by law for the study, design, and construction of noise abatement measures. Representative Carnahan had a noise wall bill which passed and provided $500,000 to go into that Noise Abatement Fund. Also in the Bill of Bills which passed there was intent language which says it is the intent of the Legislature that UDOT spend $2.5 million from the State Construction Fund to build additional noise walls. That action will definitely affect our STIP and some programmed projects.

Next Commission Meetings
The next Commission Meeting was set for Thursday afternoon, March 21, 1996 in St George.; Commissioner Lewis will be unable to attend. The Commission will also attend part of the Joint Highway Committee Meeting on Friday morning, March 22 in St. George, after which they will take a project tour of the area.

The Programming Workshop was set for April 24-25, 1996 in Salt Lake City.

The Six State Transportation Commission Meeting is scheduled for May 16-17, 1996 in Flagstaff, Arizona. A tentative list of agenda topics was presented to the Commission for their consideration.

Commission Meeting Procedure
Commissioner Lewis expressed concern that at times people are “redoing” project public hearings at the Commission Meetings and a tighter control of time for their comments may be in order.

The meeting adjourned at 12:30 p.m.

The following Commissioners, staff members and others were in attendance:

Glen E. Brown, Chairman
Todd G. Weston, Vice Chairman
James G. Larkin, Commissioner
Ted D. Lewis, Commissioner
Hal M. Clyde, Commissioner
Shirley J. Iverson, Commission Secretary
Thomas R. Warne, Executive Director
Clinton D. Topham, Deputy Director
Kathy Davis, Administrative Assistant
David K. Miles, Program Development Engineer
John Quick, Engineer for Planning
Kim Schvaneveldt, Project Development Engineer
Sheldon W. McConkie, Operations Engineer
L. Robert Fox, Chief, Right of Way Division
Kent Hansen, Director, Community Relations
Robert P. Barrett, Director of Aeronautics
Stephen C. Reitz, Internal Auditor
Lynn Zollinger, Chief Environmental Engineer
John Njord, Transportation Engineer Local Aid
Glenn Goodrich, Director of Motor Carriers
Monte Yeager, Aeronautical Planner
Dyke M. LeFevre, Region One Director
Byron Parker, Region Two Assistant Director
Vern Wilde, Region Two
Dean Bressler, Parsons Brinckerhoff/I-15 Team
John Baxter, Asst. Utah Division Administrator, FHWA
Bob Brandt, Aeronautical Committee
Max Forbush, Farmington City Manager
John Bourne, Sandy City Engineer
Paul Goodrich, Sandy City Traffic Engineer
Jim Gass, Cache Metropolitan Planning Organization
Kathleen McMullen, Mountainland Association of Governments
Steve Christensen, Dennys/Sleep Inn/Super 8
Richard Conto, Parkway Mobile Home Park
John Lingard, Golder Corporation
Stephen Olsen, Golder Corporation
Craig Nielsen, ATTDC
Gene Sturzenegger, MK Centennial
Dan Krueger, MK Centennial