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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/02/2009 - SECOND READING OF ORDINANCE NO. 059, 2009, AUTHORI ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: June 2, 2009 FORT COLLINS CITY COUNCIL STAFF: Patrick Rowe SUBJECT Second Reading of Ordinance No. 059, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project(Phase One). RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The Mason Express("MAX"),bus rapid transit project is entering into the right-of-way acquisition phase of the project. Project acquisitions have been broken into three phases. This Ordinance, unanimously adopted on First Reading on May 19, 2009, relates to Phase 1 and consists of seven distinct property ownerships. As a critical,federally funded transportation project,City staff requests authorization to utilize eminent domain,if necessary,and only if good faith negotiations break down, in order to ensure a timely acquisition of the necessary property interests. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 19, 2009. (w/o original attachments) ATTACHMENT ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: May 19, 2009 FORT COLLINS CIT=YfO///��/UNCIL. STAFF: Kathleen Bracke ff // Helen Matson Patrick Rowe SUBJECT First Reading of Ordinance No. 059, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase One). RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT r(�l lr� 1:1 1)7 7 Property acquisition costs will be,overed b' •y=available'project funds,whether or not eminent domain is required. EXECUTIVE SUMMARY The Mason Express("MAX"),bus rapid transit project is entering into the right-of-way acquisition phase of the project. Project acquisitions have been broken into three phases. This Ordinance relates to Phase 1 and consists of seven distinct property ownerships. As a critical, federally funded transportation project,City staff requests authorization to utilize eminent domain, if necessary, and only if good faith negotiations break down, in order to ensure a timely acquisition of the necessary property interests. BACKGROUND ( �\\ The Mason Corridor bus rapid trait projectbanded Mason-E transit xpress or "MAX", is a five mile, north-south byway which extends from Cherry Street on the north, to south of Harmony Road (the site of the new South Transit Center). MAX will link major destinations and activity centers along the City's primary transportation and commercial corridor including, "Old Town", Colorado State University, Foothills Mall, and South College retail areas. In addition to greatly enhancing the City's north-south transportation movement, MAX will be a significant catalyst for economic growth, both as a short-term stimulus and as a long-term development/re-development driver. The City is targeting a 2011 Fall operation date for the corridor. May 19, 2009 -2- Item No. 14 The project is predominately located within the outside twenty-five feet of the east half of the Burlington Northern Santa Fe Railway(the`BSNF")property,however,overall project right-of-way will consist of a combination of property owned by the BNSF, Colorado State University, private land owners, and the City. At present, invaddition-to-thezBNSF,,,Colorado State University, the Colorado State University Relsearch Foundation, andsevera\ditch companies, the project will involve property acquisition from forty-two distinct,property owners. Each acquisition is unique, but the typical acquisition nend:for,Phase=I-/,-`of.the-ProjectJcan be characterized as a ten foot permanent easement and a thirty to fifty foot temporary construction easement along the rear of the property. Fee simple ownership is also needed in a variety of locations to accommodate stations, utilities and other ancillary project improvements. City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project progresses. To accommodate workflow and timing, property acquisitions have been broken into three phases. Phase 1 consists of seven distinct property ownerships(see attached location map). The remaining property ownerships will be divided between Phases 2 and 3, and will come as separate agenda items in the coming months. In addition to hosting a number of public forums on various aspects of the project,City staff has had initial communications with all the property owners along the corridor. Additionally, staff has had detailed communications with the seven ownerships in Phase 1. Furthermore, the Phase I ownerships have also been notified=by certif ed.mail of-staff s-intention to request authorization to use eminent domain, if necessary, of p�j I 1p rty�'to acquire ro ect pro e interests. yr In all communications staff strongly"emphasi- s t I(Xity's desire to cooperatively work towards achieving a voluntary agreement. To ensure the integrity of the project schedule, maintain certain project efficiencies and to remain a viable Federal Transit Administration funded project, it is critical that the City have the ability to acquire the property interests in a timely manner. In addition, since this is a federally funded project, Council must authorize eminent domain (if necessary) before appraisals and negotiations can take place. Staff has a high degree of respect and understanding for the sensitivity of the process and commits to utilizing the option only if absolutely necessary and only if good faith negotiations are not successful. ATTACHMENTS I. Location Map ORDINANCE NO. 059, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT (PHASE ONE) WHEREAS, the Mason Corridor Bus Rapid Transit Project (the "Project") is scheduled to begin construction in the Spring of 2010; and WHEREAS, the Project involves the construction of a five mile, north-south byway which extends from Cherry Street on the north to south of Harmony Road (the site of the new South Transit Center) and includes relocating a major City electrical duct bank; adding a 24-foot wide traffic lane for buses with concrete paving; and constructing a retaining wall, sidewalks, curb and gutter, and pedestrian crossings; and WHEREAS, the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS, it is necessary for the City to acquire certain property rights (the "Property") hereinafter described on Exhibits "A" through "H", attached hereto 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 such property rights 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 and in the public interest to acquire the Property described on the Exhibits for the purpose of 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. The City Council hereby finds, in the event that acquisition of the Property described in this Ordinance is commenced by eminent domain; that immediate possession is necessary for public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2009, and to be presented for final passage on the 2 da of June, A.D. 2009. % J � Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading on the 2nd day of June, A.D. 2009. Mayor ATTEST: City Clerk