Future of Highway 93 alignment through Ronan unclear
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RONAN – A preliminary evaluation by the Federal Highways Administration determined impacts to Bockman Park created by the current proposed alignment of a Highway 93 expansion project are not great enough to trigger “constructive use” rules that would allow for mitigation or realignment.
Town officials pondered seeking a constructive use impact determination because it would require realignment of the highway to avoid impact to the park. Design of the project screeched to a standstill in December, as engineering firm KLJ awaited word about if the town intends to seek an official constructive use ruling.
The Ronan City Council did not give a clear indication of exactly how the town will respond to the evaluation at its Jan. 21 meeting, and cast doubt on the accuracy of the preliminary response.
“There’s one example that is exactly like our park that some judge said is a constructive impact,” Mayor Kim Aipperspach said about similar situations that were researched by Ronan Park Board President Tom McDonald. Aipperspach has publicly lamented several times that it is difficult for the town to get an unbiased opinion about whether or not the town should pursue a constructive use claim separate from the Federal Highways Administration. Officials who give the city advice would have to spend extra time and money on the project if a constructive use determination was made.
“There’s all kinds of examples where (Federal Highway Administration) can mitigate, when the guy told us ‘No, we can’t do that,’” Aipperspach said. “I can’t see where they don’t have some room to work with us.”
The latest proposed alignment of the $40 million project creates a four-lane highway with a southbound couplet where First Avenue currently lies. The proposed plan will eliminate more than 60 parking spaces and 411 square yards of land from the eastern edge of Bockman Park.
State and federal officials previously offered to pave lots in other parts of the city to mitigate parking, but the city argued that the project will impact use patterns in the park and that more mitigation needed to be provided. Answers about what direction the city wants to take are due soon.
“They will be looking to us for a response,” Public Works Director Dan Miller said. “I believe the ball is in our court.”
Time is of the essence in the project, which is slated for at 2018 groundbreaking. Monies for the project need to be allocated five years in advance, and Ronan already crossed that deadline.
Aipperspach said the town plans to send examples of other similar instances where constructive use impact determinations were made and mitigation was provided for park lands.
“We need to look into it more,” Councilmember Cal Hardy said.
The town needs to proceed carefully to make sure that if it does pursue constructive use, it will still benefit, Miller said. One downside of a constructive use determination is that the city loses its input into the alignment of the project which will instead be set by federal officials to avoid impacts to the park at all costs.
“What we don’t want to do is prove the point that it is constructive impact without getting something for it,” Miller said.
