The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/02/2021 - SECOND READING OF ORDINANCE NO. 136, 2021, AUTHORI Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 2, 2021 City Council STAFF Tracy Dyer, Engineering Project Manager Keith Hanson, Real Estate Manager Ryan Malarky, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on October 19, 2021, authorizes 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 19, 2021 (w/o attachments) (PDF) 2. Ordinance No. 136, 2021 (PDF) Agenda Item 10 Item # 10 Page 1 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 ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 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. Agenda Item 10 Item # 10 Page 3 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) -1- 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. -2- 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 EXHIBIT A