HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/19/2021 - FIRST READING OF ORDINANCE NO. 136, 2021, AUTHORIZ Agenda Item 10
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AGENDA ITEM SUMMARY October 19, 2021
City Council
STAFF
Tracy Dyer, Engineering Project Manager
Keith Hanson, Real Estate Manager
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 136, 2021, Authorizing the Acquisition by Eminent Domain Proceedings of
Certain Lands Necessary to Construct Public Improvements for the South College Avenue-Trilby Road
Intersection.
EXECUTIVE SUMMARY
The purpose of this item is to request Council to authorize the use of eminent domain, if deemed necessary, to
acquire property interests needed for constructing improvements for the project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Engineering staff, with the use of the Arterial Intersection Prioritization Study as a guide, has identified traffic
safety and congestion issues at the intersection of Trilby Road and South College Avenue (also known as
State Highway 287). Current travel through the intersection exceeds 50,000 vehicles per day based on 2017
data. The property sought to be acquired through this Ordinance would provide for the complete reconstruction
of the intersection.
Staff has identified safety concerns with the current intersection, including high frequencies of approach turn
crashes and rear-end crashes. Operational concerns include high volumes of motorists on the north-south legs
of South College Avenue and increasing volumes on the east-west approach legs of Trilby Road. Bicycle and
pedestrian safety and accessibility are also concerns at the intersection, as there is very little infrastructure
established for either mode of travel.
The reconstructed intersection will improve safety for current and future traffic levels as growth continues in the
region and will create a safer intersection for all users. After construction, the intersection will feature dual left
turn lanes from South College Avenue to Trilby Road, right turn lanes for each direction of travel, and a
widened Trilby Road approach to South College Avenue.
The extent of the property for which eminent domain authorization is sought is greater in comparison to the last
several intersection reconstructions the City undertook. This is due to the nature of the area. Many of the
parcels adjacent to the roadway are former Larimer County annexations that have minimal frontage
improvements. The area also includes existing narrow road rights-of-way that have never been widened from
original boundaries and plats.
The property interests sought to be acquired through this Ordinance include right-of-way, permanent utility
easements, and temporary construction easements. If and when the subject parcels develop or redevelop, the
owner(s) would be responsible for the dedication of necessary rights-of-way and easements to the City at that
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time. However, given that construction for the project is currently scheduled to begin in 2023, timely
acquisition of the property interests is necessary.
Staff has been meeting with the affected property owners to discuss the project design and the potential
impacts to their respective properties. At those meetings, staff notified the property owners that staff would be
asking Council to authorize the use of eminent domain to acquire necessary property interests, if needed. In
addition, the affected property owners have been notified by certified mail of this request to Council for
authorization of eminent domain prior to the first reading of this Ordinance.
If Council authorizes the use of eminent domain, staff intend to send the subject parcel owners a Notice of
Intent letter. Colorado statute requires that, before the City initiates a condemnation action, the City must
inform property owners of what property interests the City intends to acquire. The authorization from Council is
needed prior to sending this letter to property owners. The Notice of Intent letter is the first official step in the
acquisition phase and happens prior to any appraisals.
Staff will continue to work with property owners before acquiring any land from them to address individual site
considerations while still achieving the improvement goals of the project. Staff fully intends to negotiate in
good faith with all affected owners and is optimistic that all property negotiations can be completed prior to the
start of the project. However, staff is requesting authorization to use eminent domain in the event an
agreement cannot be reached with the owners to ensure that the project can proceed in an efficient and timely
manner.
How and When City Staff Uses Eminent Domain
When staff is planning a project, it considers the amount of land required and whether the City will need to
acquire private property regardless of whether an agreement with the property owner to purchase the land can
be reached. If an acquisition is necessary, staff requests Council to authorize the use of eminent domain if
necessary. Once an ordinance is adopted, the team continues to coordinate with the impacted property
owners to finalize project plans. Once plans are finalized, the City sends the property owner a Notice of Intent
letter by certified mail. The letter explains what property interests the City needs for the project. The City, and
sometimes the property owner, then gets an appraisal of the property to determine its fair market value. Based
on the value of the property interest to be acquired, the owner may be entitled to reimbursement by the City for
the owner’s appraisal costs.
The City then makes the owner an offer for the property needed based on fair market value. The City and the
property owner negotiate to reach an agreement to buy the necessary property interests. If an agreement
cannot be reached, the City may file an eminent domain case in court, if necessary. The court then decides
what the City must pay for the property it needs. In most cases, the City and the property owner reach an
agreement before the case gets to that point.
Staff recommends that Council authorize the use of eminent domain for this project to provide a fair and
equitable process that will allow the City to meet project design and construction deadlines while still ensuring
all property owners are fairly compensated for the property interests the City acquires. Condemnation will only
be used as necessary if the City is unable to reach an agreement with a property owner through good faith
negotiations.
Obtaining eminent domain authority will:
• Allow staff to develop project timelines with more certainty;
• Help keep a planned property acquisition schedule, reducing the risk and cost of unexpected future delays;
and
• Ensure consistent messaging to affected property owners.
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CITY FINANCIAL IMPACTS
This action will not authorize any new funding for the project but will only authorize acquisition of the identified
parcels. Currently, this project is short of the estimated cost to fully construct the ultimate improvements by
approximately $4 million. Staff is currently developing a strategy to secure additional funding. The existing
funding in place for the design, acquisition and construction of the improvements is as follows:
Funding Summary Amount Appropriated
Congestion, Mitigation and Air Quality Improvements (CMAQ) $ 2,250,000 Yes
Funding Advancements for Surface Transportation & Economic
Recovery (FASTER)
$ 1,500,000 Yes
Congestion, Mitigation and Air Quality Improvements (CMAQ) $ 387,371 Yes
Local Match / Overmatch Transportation Capital Expansion Fee
(TCEF)
$ 600,000 Yes
Local Overmatch - Community Capital Improvement Program $ 800,000 Yes
TOTAL $ 5,537,371
PUBLIC OUTREACH
Staff has discussed the project with the adjacent property owners, current business owners, and prospective
developers immediately abutting the project improvements. In addition, staff and an outside acquisition
consultant have met or conversed individually with property owners on multiple occasions regarding design
and construction details. The project, through the design process, has received full environmental and
historical clearances through Colorado Department of Transportation.
ATTACHMENTS
1. Vicinity Map (PDF)
PROPERTY ACQUISITION AREA
COLLEGE AND TRILBY
250'0'125'500'
PROJECT LOCATION MAP
TRILBY RD COLLEGE AVERICK DR LYNN DRDEBRA DRCOLLEGE AND TRILBY PROPERTY ACQUISITION
N
ORTH LO
U
DEN DITCH
ATTACHMENT 1
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ORDINANCE NO. 136, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS FOR THE
SOUTH COLLEGE AVENUE – TRILBY ROAD INTERSECTION
WHEREAS, the City is in the process of planning improvements to the intersection of
South College Avenue and Trilby Road including widening rights-of-way, adding turn lanes, and
bicycle and pedestrian connections (the “Project”); and
WHEREAS, the Project is necessary to address increased use of the existing intersection,
which has led to increased vehicular crash rates, and to address anticipated future traffic levels as
growth continues in the region; and
WHEREAS, to construct the Project, the City will need to acquire certain property
interests, from seventeen property owners; and
WHEREAS, the interests the City wishes to acquire include right-of-way, permanent
easements, and temporary construction easements, ranging in size from .001 acre to .792 acre, as
described on Exhibit “A”, attached hereto and incorporated herein by this reference (the
“Property Interests”); and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Interests from the owners thereof; and
WHEREAS, the acquisition of the Property Interests is desirable and necessary for the
construction of the Project, is in the City’s best interest, and enhances public health, safety, and
welfare because it will allow for the construction of needed public infrastructure within the City;
and
WHEREAS, the acquisition of the Property Interests may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Interests for the City by eminent domain
proceedings.
Section 3. That the City Council further finds that, in the event acquisition by
eminent domain of the Property Interests or any of them is commenced, immediate possession is
necessary for the public health, safety and welfare.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
October, A.D. 2021, and to be presented for final passage on the 2nd day of November, A.D.
2021.
____________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 2nd day of November, A.D. 2021.
____________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
ATTACHMENT 1