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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/03/2013 - SECOND READING OF ORDINANCE NO. 116, 2013, AUTHORIDATE: September 3, 2013 STAFF: Tim Kemp Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Second Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Kechter Road and Timberline Road Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Kechter Road and Timberline Road intersection. The Kechter Road and Timberline Road Intersection Improvements will construct interim safety and congestion mitigation improvements at the intersection. The project is planned to begin construction in the spring of 2014 and be completed within sixty (60) days. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and a permanent easement from owners of the property at the southeast corner of the intersection. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the 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. This Ordinance was unanimously adopted on First Reading on August 20, 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 20, 2013 (w/o attachments) COPY COPY COPY ATTACHMENT 1 DATE: August 20, 2013 STAFF: Tim Kemp Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT First Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Kechter Road and Timberline Road Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Kechter Road and Timberline Road intersection. The Kechter Road and Timberline Road Intersection Improvements will construct interim safety and congestion mitigation improvements at the intersection. The project is planned to begin construction in the spring of 2014 and be completed within sixty (60) days. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and a permanent easement from owners of the property at the southeast corner of the intersection. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study which identified the need for a northbound right turn lane at Kechter Road and Timberline Road as one of the top locations for required safety and operational improvements. Existing problems which brought this intersection to the top of the list include: significant congestion during the morning peak hour, higher than average vehicle accident rates, and intersection delay. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. In addition to a northbound right turn lane, a private development project in the area has triggered the need for a southbound right turn lane at the same intersection. The Engineering Department has given the developer the option of posting the design and construction fees in lieu of building the turn lane with the development. This option was presented to minimize the construction impacts to local residents and the traveling public, and to gain efficiencies by having the two turn lanes designed and built at the same time. The developer has a September 1, 2013 deadline to post the necessary fees. Currently, this stretch of roadway is heavily congested along Timberline during the peak travel hours. Staff analysis shows the proposed improvements will reduce vehicle delay by 15% during the peak travel hours, and reduce the accident rate by 14%. The goals of this project are: • Improve safety and overall efficiency for vehicles, bicycles and pedestrians • Reduce the accident rate by modifying the configuration of the intersection • Improve air quality by reducing vehicle wait time (delay) COPY COPY COPY August 20, 2013 -2- ITEM 21 Given the active development occurring in the area which will result in increased traffic flows, it is expected that the ultimate improvements for this intersection will be needed within approximately three to ten years. In accordance with the City’s Master Street Plan, the ultimate configuration of the intersection will be widened to the east to accommodate Timberline Road as a four-lane arterial. Based on this expectation, the City will seek to acquire the property interests needed for the ultimate road improvements at this time instead of only those needed for the interim improvements. The necessary property interests include right-of-way and a permanent easement. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project and the impacts to their property. At these meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. City staff received no objections to this proposed request. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to First Reading of this Ordinance. FINANCIAL / ECONOMIC IMPACTS The project is funded through the Building on Basics (BOB) Intersection Funds from the voter approved quarter-cent sales tax. The total project budget is $650,000.00 which includes design, right-of-way and construction. Short and long term economic benefits of the interim improvements will be realized by the following: • Safety improvements resulting in fewer accidents • Easing of traffic congestion resulting in reduced fuel consumption • Reduced vehicle delay resulting in improved air quality. ENVIRONMENTAL IMPACTS The project will have a positive impact on short and long term air quality by reducing vehicle delay, total stops, fuel consumption and vehicle emissions. The City’s Traffic Department will monitor the intersection at regular, ongoing intervals after the proposed improvements have been constructed. The collected data will be compared to the pre-construction conditions and the expected results of the traffic modeling. PUBLIC OUTREACH The project team plans public outreach throughout the project, including public open houses, individual meetings with property owners, and project updates to be posted on the project’s website, http://www.fcgov.com/engineering/kechter- timberline.php. ATTACHMENTS 1. Location map ORDINANCE NO. 116, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE KECHTER ROAD AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Kechter Road and Timberline Road Intersection Improvements Project (the “Project”) is scheduled to begin construction in 2014; and WHEREAS, the Project involves the construction of turn lanes, bike lanes, curbs, gutters, sidewalks, and other necessary improvements; and WHEREAS, the Project will improve the air quality of the intersection; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described on Exhibits “A” and “B”, attached hereto and incorporated herein by this reference (the “Property Rights”), for the purpose of constructing the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owner thereof; and WHEREAS, the acquisition of the Property Rights 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 Property Rights 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 Property Rights 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 Rights for the City by eminent domain proceedings. Section 3. The City Council hereby finds that, in the event that acquisition by eminent domain of the Property Rights described in this Ordinance is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 20th day of August, A.D. 2013, and to be presented for final passage on the 3rd day of September, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 3rd day of September, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Exhibit "A" Page 1 of 2 Exhibit "A" Page 2 of 2 Exhibit "B" Page 1 of 2 Exhibit "B" Page 2 of 2