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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/21/2009 - SECOND READING OF ORDINANCE NO. 079, 2009, AUTHORI ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: July 21, 2009 FORT COLLINS CITY COUNCIL STAFF: Kathleen Bracke Helen Matson Patrick Rowe SUBJECT Second Reading of Ordinance No. 079, 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 Two). RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY 6. 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 July 7, 2009, pertains to the second phase (Phase Two) and consists of eighteen distinct property ownerships. As a critical, federally funded transportation project, 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 - July 7, 2009. (w/o original attachments) ATTACHMENT I ITEM NUMBER: AGENDA ITEM SUMMARY DATE: July 7, Zoos J FORT COLLINS CITY COUNCIL STAFF: 'Kathleen Bracke Helen Matson Patrick Rowe SUBJECT First Reading of Ordinance No. 079, 2009, Authorizing the�Acquisition by Eminent Domain Proceedings of Certain Lands Tlecessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project=(RPhase�Two). -.1-L _� RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. RECOMMENDATION /rl r� TM)J)7 7 Property acquisition costs will be•covered byaavail ble project fu nds,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 pertains to the second phase(Phase II)and�cco is;of'eight ee n distinct property ownerships. Phase I was adopted by Ordinance N611(0591 2009 on June,2,.2009. As a critical federallyfunded tr�tation rrojeCjt,staff re ue'sts authorization to utilize eminent P p J q 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 transit f project, branded Mason Express ( "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)linlom jor destinations and activity centers along the City's primary transportatiomand 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 July 7, 2009 -2- Item No. 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. 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. The 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, in addition to the BNSF, Colorado State University,the Colorado State University Research Foundation,and several ditch companies,the project will involve property acquisition from forty-two distinct property owners. Each acquisition is unique, but the typical acquisition need for Phase II of the Project an be ch ra acteriz'ed as a ten-foot permanent easement Yl I // \\ I I I I \\ f and a thirty to fifty-foot temporary construction easement along the rear of properties adjacent to the project. Fee simple ownership is also ne`edj/in alvariety of locations to accommodate stations, utilities and other ancillary project-improvements.-Sfi ff 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. The second phase(Phase II)consists of eighteen distinct property ownerships(see attached location map). Phase III,the remaining seventeen property ownerships,will come for Council consideration on August 18, 2009. In addition to hosting a number of-public,forums-on=various-aspects of the project, staff has had V // VN I I 1\ \\ // initial communications with all the property owners along the corridor. Additionally, staff has had property specific communications with the eighteenlownerships[m Phase II. Furthermore,all Phase II ownerships have been notifieYby_certif ed-mail of_staff s intention to request authorization to use eminent domain, if necessary, to acquire project property interests. In all communications staff strongly emphasizes the City'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. �� . Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and �domain�on commits to utilizing eminent if absolutely jnecessary, and only if good faith negotiations are not successful. r ATTACHMENTS 1. Location Map ORDINANCE NO. 079, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT(PHASE TWO) WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project") is scheduled for construction in 2010; and WHEREAS, the Project involves the construction of a five mile,north-south byway which extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South Transit Center); and WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete paving,transit stations,retaining walls,sidewalks,curb and gutter,and pedestrian crossings,as well as drainage and utility improvements; 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"Properties") hereinafter described on Exhibits"A"through"R",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 for the acquisition of the Properties from the landowners; and WHEREAS, the acquisition of the Properties is desirable and necessary for the construction of the Project, is in the City's best interest and enhances public health, safety, and welfare; and WHEREAS,the acquisition of the Properties 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 is necessary and in the public interest to acquire the Properties described on the Exhibits for the purpose of the Mason Corridor Bus Rapid Transit 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. i Section 3. The City Council finds, in the event that acquisition of the Properties by eminent domain is commenced,that immediate possession is necessary for the public health,safety and welfare. Introduced,considered favorably on first reading,and ordered published this 7th day of July, A.D. 2009, and to be presented for final passage on th4Mayor ly, A.D. 2009. ATTES D,�puty&Clerk Passed and adopted on final reading on the 21st day of July, A.D. 2009. Mayor ATTEST: City Clerk