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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/18/2011 - SECOND READING OF ORDINANCE NO. 129, 2011, AUTHORIDATE: October 18, 2011 STAFF: Patrick Rowe, Terry Tyrell Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 129, 2011, 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 V). EXECUTIVE SUMMARY Right-of-way acquisition continues for the Mason Express Bus Rapid Transit (BRT) Project. This Ordinance, unanimously adopted on First Reading on October 4, 2011, pertains to the final acquisition phase of the BRT Project and is comprised of 15 separate properties ready for the acquisition stage. The City Council authorization specified by this Ordinance begins the first step of the City’s acquisition process for the property interests within this phase. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - October 4, 2011 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: October 4, 2011 STAFF: Patrick Rowe, Terry Tyrell Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT First Reading of Ordinance No. 129, 2011, 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 V). EXECUTIVE SUMMARY The final acquisition phase for the Mason Express Bus Rapid Transit Project (MAX) is set to begin with Phase V. City Council has previously authorized the first five phases of acquisition work, which included Phases I through IV, as well as a Phase III-A. Phase V is comprised of 15 separate properties prepared for the acquisition stage. The City Council authorization specified by this Ordinance begins the first step of the City’s acquisition process for the property interests within this phase. 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 process, 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 of the required property interests is necessary. Therefore, City staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 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/redevelopment driver. The City is presently targeting a 2014 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; 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, in addition to the BNSF, Colorado State University, the Colorado State University Research Foundation, and several ditch companies, the project includes property acquisition from approximately forty-six (46) 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. Additionally, fee simple ownership is also needed in a number of locations to accommodate stations, and other ancillary project improvements. Different from earlier phases, Phase V also includes shared parking interests which are necessary to accommodate MAX patron parking at various locations along the corridor. To accommodate workflow and timing, property acquisitions have been broken into what has become six phases, with the potential for additional phases, should a design change necessitate additional acquisitions. Phase V, the last planned phase and the subject of this Agenda Item, consists of 15 distinct property ownerships which include fee acquisitions for station improvements, shared parking easements to accommodate corridor parking needs, permanent COPY COPY COPY COPY October 4, 2011 -2- ITEM 12 easements for slope and utility purposes, and temporary interests necessary for construction purposes. Significant public outreach has occurred on this longstanding project in many forms and includes recent communications to all 15 ownerships in Phase V. These recent communications included notification by certified mail of staff’s intent to request authorization to use eminent domain, if necessary, to acquire the project property interests. (In all communications staff strongly emphasizes the City’s desire to work cooperatively 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 have eminent domain authorization (only to be used if necessary) before staff is able to send out the required Notice-of-Interest Letter. Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if absolutely necessary, and only if good faith negotiations are not successful. It is important to note that City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project progresses. FINANCIAL / ECONOMIC IMPACTS 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 correspondence has occurred for all fifteen property owners for this acquisition phase. ATTACHMENTS 1. Location map ORDINANCE NO. 129, 2011 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 WHEREAS, the Mason Corridor Bus Rapid Transit Project (the “Project”) is scheduled for construction in 2012; 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 “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 for the acquisition of the Properties from the owners of the Properties; 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 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 Properties for the City by eminent domain. Section 3. The City Council hereby finds that, if acquisition by eminent domain is commenced, immediate possession of the Properties will be necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 4th day of October, A.D. 2011, and to be presented for final passage on the 18th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ Deputy City Clerk Passed and adopted on final reading on the 18th day of October, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Exhibit "A" Page 1 of 5 Exhibit "A" Page 2 of 5 Exhibit "A" Page 3 of 5 Exhibit "A" Page 4 of 5 Exhibit "A" Page 5 of 5 Exhibit "B" Page 1 of 2 Exhibit "B" Page 2 of 2 Exhibit "C" Page 1 of 2 Exhibit "C" Page 2 of 2 Exhibit "D" Page 1 of 2 Exhibit "D" Page 2 of 2 Exhibit "E" Page 1 of 2 Exhibit "E" Page 2 of 2 Exhibit "F" Page 1 of 2 Exhibit "F" Page 2 of 2 Exhibit "G" Page 1 of 6 Exhibit "G" Page 2 of 6 Exhibit "G" Page 3 of 6 Exhibit "G" Page 4 of 6 Exhibit "G" Page 5 of 6 Exhibit "G" Page 6 of 6 Exhibit "H" Page 1 of 3 Exhibit "H" Page 2 of 3 Exhibit "H" Page 3 of 3 Exhibit "I" Page 1 of 3 Exhibit "I" Page 2 of 3 Exhibit "I" Page 3 of 3 Exhibit "J" Page 1 of 3 Exhibit "J" Page 2 of 3 Exhibit "J" Page 3 of 3 Exhibit "K" Page 1 of 3 Exhibit "K" Page 2 of 3 Exhibit "K" Page 3 of 3 Exhibit "L" Page 1 of 4 Exhibit "L" Page 2 of 4 Exhibit "L" Page 3 of 4 Exhibit "L" Page 4 of 4 Exhibit "M" Page 1 of 2 Exhibit "M" Page 2 of 2 Exhibit "N" Page 1 of 6 Exhibit "N" Page 2 of 6 Exhibit "N" Page 3 of 6 Exhibit "N" Page 4 of 6 Exhibit "N" Page 5 of 6 Exhibit "N" Page 6 of 6