The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/05/2008 - SECOND READING OF ORDINANCE NO. 004, 2008, AUTHORI ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: February 5, 2008 FORT COLLINS CITY COUNCIL STAFF: Dean Klingner Pat Hyland SUBJECT Second Reading of Ordinance No. 004, 2008, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements and Widen West Harmony Road from South College Avenue to Seneca Street. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY Improvements to Harmony Road between College Avenue and Seneca Street have been prioritized by the City of Fort Collins. To meet the proposed construction schedule for the Project, timely acquisition of the property interests along West Harmony Road is necessary. This Ordinance, unanimously adopted on First Reading on January 15,2008,authorizes the approval to use eminent domain to acquire necessary property interests, if needed. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- January 15, 2008. ATTACHMENT 1 ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: January 15, 2008 FORT COLLINS CITY COUNCILyj FF: Dean Klingner f�l f�� 1-1 3i Pat Hyland SUBJECT First Reading of Ordinance No. 004, 2008, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements and Widen West Harmony Road from South College Avenue to Seneca Street. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Street improvements are neces for t H o Road fr College Avenue to Seneca Street, including the intersection of Wes armon oa and Sou hields Street. Funds have been appropriated to begin this project as follows: Use Tax Carryover Reserve $ 750,000 Street Oversizing Contribution $ 104,977 General Fund - Reserve for Trans. Capital $ 955,371 Federal Grant—Congestion Mitigation and Air Quality(CMAQ) $ 698,538 Sales and Use Tax—Building on Basics (BOB) $3,000,000 Total $5,508,886 In addition, it is anticipated that there will be an additional 2008 appropriation to the project from the Street Oversizing Program. Preliminary construction plansCdt',?)ject'f'yf pleted showing the real estate necessary for the street widemand in the best interests of the public. EXECUTIVE SUMMARY West Harmony Road is a major east-west arterial route in the City of Fort Collins. Numerous sections of this corridor have been widened,but there are some portions that remain two lanes. As a result,the roadway generally functions as a two-lane between College Avenue and Seneca Street. January 15, 2008 -2. Item No. 14 The Harmony/Shields intersection produces long delays and has one of the highest accident rates in the City. For these reasons,improvements to this corridor have been prioritized by the City of Fort Collins. To meet the proposed construction schedule for the Project, timely acquisition of the property interests along West(70FT BACKGROUND West Harmony Road is a major east-west arterial route in the City of Fort Collins. The project area has seen substantial residential and commercial development in recent years and also serves the major destinations of Front Range Community College and the City of Fort Collins Public Library. Numerous sections of the corridor have been widened, but due to substantial gaps, the roadway generally functions as a two-lane street through most of this section. Many sections also lack adequate sidewalks and bike lanes. The Harmony/Shields intersection produces long delays and has one of the highest accident rates in the City. For these reasons, improvements to this corridor have been prioritized by the City. The proposed improvements include widening West Harmony Road between Seneca and College Avenue to 4-lane arterial street standards including bike lanes,sidewalks and a reconstruction of the Harmony/Shields intersectionCdi c ' 1 ' Yee est Harmony from Seneca to the Burlington Northern Railrclu ng th ersection. To meet the proposed constsche or Pro acquisition of the property interests along West Harmony Road is necessary. All property owners having any interest in this project, or whose property lies along West Harmony Road between College Avenue and Seneca Street,have been contacted and are aware of the project. All property owners were notified that City staff would be requesting approval to use eminent domain to acquire necessary property interests, if needed. City staff received no objections to this proposed request. Also, one of the affected property owners is a homeowners association(HOA). The covenants for the HOA are so restrictive that the only way to acquire the needed property may most reasonably be obtained through the eminent domain process. Staff is still discussing and negotiating with landowners, but has not obtained agreements from at least six of them. Staff is optimistic that all property negotiations can be completed in good faith prior to the start of the Project. However,given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff is requesting authorization of eminent domain for all property acquisitions needed for the Project, if such action is necessary. ATTACHMENTS COPY 1. Location Map ORDINANCE NO. 004, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS AND WIDEN WEST HARMONY ROAD FROM SOUTH COLLEGE AVENUE TO SENECA STREET WHEREAS, the preliminary design and construction plans for the widening of West Harmony Road from South College Avenue to Seneca Street(the"Project")have been completed; and WHEREAS, the Project includes improving the safety and efficiency of the intersection of West Harmony Road and South Shields Street as a joint City and Colorado Department of Transportation project; and WHEREAS, it is necessary for the City to acquire certain property interests(the"Property") including rights-of-way, slope easements, utility easements, drainage and utility easements, and temporary construction easements described on Exhibits"A"through"Z"attached and incorporated herein by this reference (the"Exhibits"), for the purpose of constructing the Project; and WHEREAS, the City will continue to negotiate in good faith with the landowners for the acquisition of the Property; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of the Project and is in the City's best interest in order to promote public health, safety, and welfare; and WHEREAS, the acquisition of the Property 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 finds and determines that it is necessary in the public interest to acquire the Property described on the Exhibits for the purpose of constructing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property for the City by eminent domain. Section 3. That the City Council finds, in the event that acquisition of the Property described in this Ordinance is commenced by eminent domain, that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2008, and to be presented for final passage on the day of February, A.D. 2008. *May !� ✓ ATTEST: City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2008. Mayor ATTEST: City Clerk