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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/15/2009 - SECOND READING OF ORDINANCE NO. 134, 2009, AUTHORI DATE: December 15, 2009 M STAFF: Patrick Rowe • ' • • Second Reading of Ordinance No. 134, 2009, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project(Phase Three). EXECUTIVE SUMMARY The Mason Express ("MAX"), bus rapid transit project is currently within the right-of-way acquisition phase of the project. Project acquisitions have been broken into four phases,with the possibility of additional phases as needed. This Ordinance pertains to the third phase (Phase Three) and consists of six distinct property ownerships. Phases I and II were previously adopted by City Council earlier this year, and acquisitions for these phases are currently underway. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970,as amended(Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statute in the official Notice-of-Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase, which must occur prior to the appraisals. Given the recommended construction schedule for the Project and the fact that acquisitions must be conducted under procedures for federally funded projects, timely acquisition fo the property interests is necessary. Therefore, staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. This Ordinance, unanimously adopted on First Reading on December 1, 2009, authorizes the use of eminent domain for the MAX Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- December 1, 2009. (w/o original attachments) ATTACHMENT DATE: December 1, 2009 STAFF: Patrick Rowe, Helen Matson Steve McQuilken First Reading of Ordinance No. 134,2009,Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessaryto Construct Public Improvements Related tothe Mason Corridor Bus Rapid Transit Project(Phase Three). EXECUTIVE SUMMARY The Mason Express ("MAX"), bus rapid transit(r oject is cu went y wlthi,nythe right-of-way acquisition phase of the project. Project acquisitions have been broken info fou jphases, with the possibility of additional phases as needed. This Ordinance pertains to the third phase:(Phase Three) aAd•consists•of•six distinct property ownerships. Phases I and II were previously adopted by City Council earlier this year, and acquisitions for these phases are currently underway. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970,as amended(Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statute in the official Notice-of-Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase, which must occur prior to the appraisals. Given the recommended construction schedule for the Project and the fact that acquisitions must be conducted under procedures-forkfeder�ally,funded projects, timely acquisition fo the property interests is necessary. Therefore, staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations ions brea BACKGROUND/ DISCUSSION The Mason Corridor bus rapid transit project, branded Mason Express or"MAX", is a five mile, north-south byway which extends from the Downtown Transit Center on the north to the planned South Transit Center,south of Harmony Road. 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. TThe project is predominately located w'�thin the ou side twenty five feet of t t half of the Burlington Northern Santa Fe Railway(the"BSNF")property, however,overall.pr�ofeefri,g4-of-waywill!consistof 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 the Project can be characterized as a five foot permanent easement and a twenty foot temporary construction easement along the rear of properties adjacent to the Project. Fee simple ownership is also needed in a number of locations to accommodate stations, 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 four phases,with the potential for additional phases as needed. Phase Three consists of�six di tinct property ownerships, one of which was previously approved by Council in Phase Two, but dd ee to�a�legal(descnpt�on eftorn'eeds to be reauthorized (see attached location map). The remaining fourteen(�propertyolIwnershipiwIl come later as a separate agenda item. In addition to hosting a number of public.foru-msao Pvario'us aspect'stof the project, City staff has had initial communications with all the property owners along the corridor. December 1, 2009 -2- ITEM 14 Additionally,staff has had property specific communications with the six ownerships in Phase Three. All Phase Three ownerships have been notified by certified 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's 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, City Council must authorize eminent domain (only to be used if necessary) before appraisals and negotiations can take place. Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if absolutelytnessary. and only if good fait negotiations are not successful. FINANCIAL IMPACT Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH : Individual property owner meetings ha e-occurred with th-liz-property`wners for this acquisition phase within the last two months. ATTACHMENTS 1. Location map 0 P Y COPY ORDINANCE NO. 134, 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 THREE) 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, retaining walls, curb and gutter, and 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"F", 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. 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 1 st day of December, A.D. 2009, and to be'presented for final passage on the 5th day of December, A.D. 2009. Mayor ATTEST: . LL �jw City Clerk Passed and adopted on final reading on the 15th day of December, A.D. 2009. Mayor ATTEST: City Clerk