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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/19/2009 - ITEMS RELATING TO THE NORTH COLLEGE AND EAST WILLO ITEM NUMBER: 9 A-B AGENDA ITEM SUMMARY DATE: May 19, 2009 FORT COLLINS CITY COUNCIL STAFF: Rick Richter, Matt Baker, Jim O'Neill, Lindsay Kuntz, Helen Matson SUBJECT Items Relating to the North College and East Willox Lane Capital Improvement Project. RECOMMENDATION Staff recommends adoption of these Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 049, 2009, Authorizing the Transfer of Existing Appropriations from the Fort Collins Urban Renewal Authority Fund to the Capital Projects Fund for the North College Avenue and East Willox Lane Improvement Project. B. Second Reading of Ordinance No. 050, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the North College Avenue and East Willox Lane Improvement Project. Council has authorized the transfer of funds to the Fort Collins Urban Renewal Authority(URA)for the purpose of providing a loan for the North College Marketplace Project, located at the northeast corner of North College and East Willox. Ordinance No. 049, 2009,appropriates funding from the URA into a Capital Projects account for the design and construction of the improvements to North College and East Willox. Ordinance No.050,2009,authorizes the use of the City's eminent domain powers to acquire rights-of-way for the project, if necessary. Both Ordinances were unanimously adopted on First Reading on May 5, 2009. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 5, 2009. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 20 A-C AGENDA ITEM SUMMARY DATE: May s, 2009 FORT COLLINS C<(ITY-%COUNCIL S)T;AFF: Rick Richter, Matt I I Baker, Jim O'Neill, Lindsay J Kuntz, Helen Matson SUBJECT Items Relating to the North College and East Willox Lane Capital Improvement Project. RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. FINANCIAL IMPACT Ordinance No.049,2009,appropriates$2,812,620 of unanticipated revenue from the North College Urban Renewal Authority(URA) i�the to C�pftall Projects Fund improvements to College Avenue and Willox Lane in conjunction with the Marketplace development project. The improvements are needed to construct College Avenue to current City standards and to provide bicycle,pedestrian and bus facilities. Improvements to Willox Lane will add dedicated turn lanes and construct new commercial access for the development. The project is funded by the URA and developer contributions. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 049, 2009, Authorizing the Transfer of Existing Appropriations from the Fort Collins Urban Renewal Authority Fund to the Capital Projects Fund for the North College Avenue and East Willox Lane Improvement Project. B. Resolution 2009-042 Approving an Exemption to the Use of a Competitive Process for a i"�I /r�1 r �T tT Contract with Interwest Consulting Group to Design Road Improvements for the North II F, 11 I // //. College Avenue and East Willox Lane IJ/mp rovements'Project. C. First Reading of Ordinance No. 050,2009,Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the North College Avenue and East Willox Lane Improvement Project. On April 21,2009,City Council adopted,on First Reading,Ordinance No.046,2009,Appropriating Funds from the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of Providing a Loan for the North College Marketplace Project. May 5, 2009 -2- Item No. 20 A-C Subsequently, the Fort Collins Urban Renewal Authority adopted URA Resolution No. 016, Authorizing the Negotiation and Execution of a Loan Agreement with the City of Fort Collins for the North College Marketplace Project. ,�� � Ordinance No. 049, 2009, approp�� riat s fun�t ding\fioin the'URA in a Capital Projects account for the design and construction ofithe improueemments� I 1 Resolution 2009-042 authorizes a Sole Source Agreement for the Engineering design of the project. Ordinance No. 050,2009,authorizes the use of the City's eminent domain powers to acquire rights- of-way for the project, if necessary. BACKGROUND The Marketplace development is located on the northeast corner of North College Avenue and Willox Lane. It is a large commercial shopping center with a King Soopers grocery store anchor tenant. There will be significant and beneficial financial impacts to both the City and the Fort Collins Urban Renewal Authority(URA). On September 16, 2008, the U,C/ Board`ape, pro i�ed Res lutio�N�O11, authorizing an agreement between the URA and 1908 North College` LC to pi ovide financial assistance for the North College Marketplace. The City and the U'R' enteredsinto-ammtergovernmental agreement on August 15, 2006 allowing the City to advance funds in the form of a loan to the URA in support of its activities. On April 21, 2009 the form of the loan was approved by Council and accepted by the URA Board. The items before Council at this time are related to the construction of the arterial roadway improvements necessary for both the development and for this important northern gateway. North College Avenue adjacent to the Marketplace development is missing significant transportation facilities. Although there are four travel lanes,there are no left turn lanes,bicycle lanes or pedestrian facilities. Willox Lane was originally constructed as a collector roadway and was reclassified as a minor arterial in 1984. It is deficient in auxiliary turn lanes and pavement structure. Proposed improvements to North College Avenue include curb and gutter,sidewalks,bike lanes and landscaped medians. Improveme� Wil ox inclide sid alk7fandscaped parkways, repaving, and the construction of a modem roundabout at the entrance of the Marketplace and the existing commercial center to the south.InIntersectio improvements to North College and Willox include concrete paving, auxiliary left and right turn lanes, and pedestrian crossings. Item A is an appropriation ordinance, which transfers $2,812,620 in funding from the URA into a City Capital Project account for the design and construction of the improvements. Item B is a resolution authorizing an exception to the competitive process agreement with a design engineering consultant, Interwest Consulting Group. The developer retained this consultant to May 5, 2009 -3- Item No. 20 A-C provide engineering design of the roadway improvements up to 50%completion. The City will take the existing 50% plan set to a 100% complete roadway design for both College Avenue widening and Willox Lane roundabout. The work will include revisiting several grading issues,modifying the concrete intersection details and-modifying-the general -layout-of the existing plans to include / improvements on the west side of College Avenue requested\and funded by the Urban Renewal Authority. tom/ rT Staff believes that an exemption to the competitive process makes sense in this unique situation. First,there will be additional costs involved in obtaining the current design work and bringing a new consultant up to speed with the design issues on this project. Second, having only one consultant engineering firm will eliminate any confusion about which consultant is liable for any design flaws that may occur in the field during construction. Interwest Consulting Group will be solely liable for the design. Further,Interwest Consulting has designed both of the modern roundabouts that the City has constructed and has the experience necessary for this roundabout design. In addition Interwest Consulting Group rates are competitive with other consulting engineering firms. Staff believes that continuing to use this design firm for the final design engineering is appropriate, given the complexity of the project and the work already completed by this firm. Item C is an ordinance authorizing the use of eminent domain,if necessary,to acquire rights-of-way to construct the project. Certain lands adjacent to the Project area need to be acquired for the improvements. These acquisitions mclude both fee simple acquisitions and temporary construction easements. The developer of(fhe Markettplace,will dedicate th/e necessary property abutting the development for the planned street improueemments In order to accommodate the anticipated increase in traffic flow and to ensure the safety of the public, it is necessary that these improvements be constructed prior to the opening of the Marketplace development. Given the construction schedule for the Marketplace development, timely acquisition of the property interests is necessary. Staff has begun meeting with the property owners to discuss the project and the impacts to their property. In those meetings, all property owners were informed that the City will be requesting approval to use eminent domain to acquire necessary property interests,if needed. No objections were received. 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. Staff is requesting authorization of eminent domain for all property acquisitions for the project only if such action is deemed necessary. All affected property owners were notified by certified mail prior to the First Reading of Ordinance No. 050, 2009, that Council will.be=considering authorization of eminent domain proceedings on May 5, 2009. ATTACHMENTS 1. Location map. ORDINANCE NO. 049, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE FORT COLLINS URBAN RENEWAL AUTHORITY FUND TO THE CAPITAL PROJECTS FUND FOR THE NORTH COLLEGE AVENUE AND EAST WILLOX LANE IMPROVEMENT PROJECT WHEREAS, the intersection of North College Avenue and East Willox Lane (the "Intersection") is an area where new development is occurring; and WHEREAS, the Marketplace development is located on the northeast corner of the Intersection and consists of a large commercial shopping center, including a King Soopers grocery store anchor tenant; and WHEREAS, the Union Place development is located near the southwest corner of the Intersection and is a combined residential and commercial development; and WHEREAS, North College Avenue near the Intersection has four travel lanes and no left turn lanes, bicycle lanes, or pedestrian facilities; and WHEREAS, East Willox Lane was originally constructed as a collector roadway, subsequently reclassified as a minor arterial in 1984, and is deficient in auxiliary turn lanes and pavement structure; and WHEREAS, the proposed improvements to North College Avenue include curb and gutter, sidewalks, bike lanes and landscaped medians; and WHEREAS, the proposed improvements to East Willox Lane include sidewalk, landscaped parkways, repaving, and the construction of a modern roundabout at the entrance of the Marketplace and the existing Country Club Corners commercial center to the south; and WHEREAS, proposed improvements to the Intersection include concrete paving, auxiliary left and right turn lanes, and pedestrian crossings; and WHEREAS, on April 21, 2009, the City Council adopted on first reading Ordinance 046, 2009 appropriating funds from the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority (the "Authority") to fund a loan for the purpose of designing and constructing these improvements; and WHEREAS, on April 21, 2009, the Board of Commissioners of the Authority adopted Resolution 046, 2009, authorizing the loan with the City and appropriated the loan funds for these improvements; and WHEREAS, funds are available for transfer to the Capital Projects Fund from existing appropriations in the Fort Collins Urban Renewal Authority Fund; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the unexpended appropriated amount of TWO MILLION EIGHT HUNDRED TWELVE THOUSAND SIX HUNDRED TWENTY DOLLARS ($2,812,620) is hereby authorized for transfer from the Fort Collins Urban Renewal Authority Fund to the Capital Projects Fund, North College Avenue and East Willox Lane Improvements Project for improvements. Introduced, considered favorably on first reading, and ordered published this Sth day of May, A.D. 2009, and to be presented for final passage on the t day of May, A.D. 20 9. May r ATTEST: City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2009. Mayor ATTEST: City Clerk ORDINANCE NO. 050, 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 NORTH COLLEGE AVENUE AND EAST WILLOX LANE IMPROVEMENT PROJECT WHEREAS, the North College Avenue and East Willox Lane Improvement Project (the "Project") is scheduled to begin construction in the spring of 2010; and WHEREAS, the Project includes widening portions of North College Avenue, the construction of a roundabout east of the intersection of North College Avenue and East Willox Lane, concrete paving, auxiliary left and right turn lanes, sidewalks, curb and gutter, landscaped medians, and pedestrian crossings; and WHEREAS, the Project will improve the current intersection and provide for safer movement of the increased traffic that is anticipated to occur due to new developments planned in the area; and WHEREAS, it is necessary for the City to acquire certain property rights (the "Property") hereinafter described on Exhibits "A" through "N", 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 11' 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 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 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 5th day of May, A.D. 2009, and to be presented for final passage on the j9fqay of May, A.D. 2009 Mayo ATTEST: %uk. a�-- — City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2009. Mayor ATTEST: City Clerk