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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/19/2011 - SECOND READING OF ORDINANCE NO. 039, 2011, AUTHORI DATE: April 19, 2011 AGENDA ITEM SUMMARY STAFF: Patrick Rowe, Terry Tyrell FORT COLLINS CITY Helen Matson COUNCIL Second Reading of Ordinance No. 039,2011,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 IV. EXECUTIVE SUMMARY Right-of-way acquisition continues for the Mason Express Bus Rapid Transit (BRT) Project. This Ordinance, unanimously adopted on First Reading on March 15, 2011, pertains to the next acquisition phase of the BRT Project and is comprised of seven 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- March 15, 2011 (w/o attachments) ATTACHMENT 1 DATE: March 15, 2011 AGENDA ITEM SUMMARY STAFF: Patrick Rowe, Terry Tyrell _ T COLLINS CITY COUNCIL Helen Matson First Reading of Ordinance No. 039, 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 IV. EXECUTIVE SUMMARY17 li 1 ► I � �"� Right-of-way acquisition continues forII�he Ma§on�E\press Bus Rapid Transit Project(the BRT Project). City Council, in prior ordinances, has authorized previous phases-(Phase 10 II, III, and III A)of acquisition work, which account for approximately 70%of the necessary real estate interests for the Project. The remaining 30%(approximate)has been on hold, waiting for the design to progress. This Ordinance pertains to the next acquisition phase (Phase IV) of the BRT Project and is comprised of seven (7) separate properties ready for the acquisition stage. (For areas of the Project that still require further design, at least one additional phase will be required). 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 P'olicies�Ac oof.197�6-asamended(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 officiallNotice-ofiln1 terest Letter:Authorization from City Council is needed prior to sending this information to property owner�Th\is,letter/ia 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 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 will extend from the Downtown Transit Center-on,the(north to�the planned South Transit Center, south of Harmony Road. MAX will link maj . destinations and activity ceners along the City's primary transportation and commercial corridor, including Old Town, Colorado State�Universty, Foothills Mall, and South College retail areas. In addition to greatly enhancing the Cityls.north-south_transpohation 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 December 2013 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 will involve property acquisition from approximately forty-two(42)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 numberof locations{o accommodate stations,and other ancillary project improvements. City staff has taken great effort to minimize impacts to 'p�operty-owners and will continue to do so as the project progresses. �� ,� /� I � d To accommodate workflow and timing, property acquisitions have been broken into five phases,.with the potential for additional phases as needed. Phase IV, and the subject of this Agenda Item, consists of seven distinct property March 15, 2011 -2- ITEM 15 ownerships (see attached location map). The remaining property ownerships will be presented later. 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 property specific communications with the seven ownerships in Phase IV,which includes notification by certified mail of staffs 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. In addition, since this s a federally ended project,1City�Council-must authorize eminent domain(only to be used if necessary) before appraisals and negotiations can take plac\e"./ Staff has a high degree of respect and underst�i ding for�thle s' ensitivity�f the acquisition process and commits to utilizing eminent domain only if absolutely_necessary,_and only if good faith negotiations are not successful. FINANCIAL / ECONOMIC IMPACTS Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. ENVIRONMENTAL IMPACTS �—� ,=� r— - n /7 Due to federal funding requirements (under the National �Environmental(Policy Act), the City has prepared an environmental assessment to analyze theproject's`soocial, economic, and environmental impacts. This report is available from the Engineering Department J U STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH �� r^� n /7 Individual property owner meetings hrave occurred within thIeI l month�th all seven property owners for this acquisition phase. ��% tJ u ATTACHMENTS 1. Location map 0 0 ORDINANCE NO. 039, 2011 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 IV WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project")is scheduled for construction beginning in late 2011; 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"G", 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 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 rights for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition 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 15th day of March, A.D. 2011, and to be presented for final passage on the.11th of April, A.D. 2011. Mayor ATTEST: LOI City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2011. Mayor ATTEST: City Clerk