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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/03/2013 - SECOND READING OF ORDINANCE NO. 117, 2013, AUTHORIDATE: September 3, 2013 STAFF: Kyle Lambrecht, Dean Klingner, Lindsay Kuntz, Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT Second Reading of Ordinance No. 117, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Improvements Project – Conifer to Willox Access Road. 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 rear access road improvements associated with the North College Improvement Project – Conifer to Willox. This project will construct an access road on the west side of College Avenue between Hickory Street and the mobile home park located at 1601 North College Avenue. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include permanent easements and temporary easements. Timely acquisition of the property interests is necessary to meet the anticipated construction schedule. 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. 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: Kyle Lambrecht, Dean Klingner, Lindsay Kuntz, Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT First Reading of Ordinance No. 117, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Improvements Project – Conifer to Willox Access Road. 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 rear access road improvements associated with the North College Improvement Project – Conifer to Willox. This project will construct an access road on the west side of College Avenue between Hickory Street and the mobile home park located at 1601 North College Avenue. During the conceptual design process of the project, raised, landscaped medians were included as a critical project component to accomplish the goals of improving the urban character and safety of the corridor. Raised medians are a part of both the City’s Master Street Plan and the US 287/SH 14 Access Management Report. Because the raised medians limit left turn access to many of the properties along the Project, the plans have also identified the need for new access roads along the rear of the properties. The project is planned to begin construction as soon as possible in 2014, depending on the timing of the property acquisition. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include permanent easements and temporary easements. Timely acquisition of the property interests is necessary to meet the anticipated construction schedule. 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION North College Avenue, also known as US Highway 287, is a major north-south, four lane arterial that runs through north Fort Collins, providing both local and regional connectivity. Through previous planning efforts, City staff identified the need to enhance the northern gateway to the city, improve multimodal travel while accommodating the large volume of interstate truck traffic, and to address aging utility infrastructure and drainage issues. Also recognized was the need to establish a strong connection between the growing North College corridor and the rest of the community, in particular, the historic Old Town area, as well as the locally and regionally significant Poudre River bicycle/pedestrian trail. Through previous planning and construction efforts, a majority of the North College corridor has been improved, meeting the above-mentioned goals. City staff is currently designing improvements within the remaining unimproved section of the North College Corridor, the section between Conifer Street and Willox Lane. Raised, landscaped medians, along with other multimodal, utility, and urban design improvements, are included in the overall project scope. Staff anticipates construction for this project to begin in 2014. In conjunction with the improvements along North College Avenue, staff has begun design work on a rear access road. This road will provide a connection west of North College Avenue to mitigate access limits and changes caused by the raised median installation. The access road layout is a context sensitive design which accommodates existing businesses but is compatible with long term development anticipated for this section of North College Avenue. COPY COPY COPY August 20, 2013 -2- ITEM 22 Construction limits for the access road would span from Hickory Street to the mobile home park located at 1601 North College Avenue. A connection to the mobile home park is not planned as part of this project. The access road will be designed and constructed to City of Fort Collins alley standards, and will be capable of handling appropriate traffic loads for vehicles anticipated to use the connection. This connection is identified on both the City’s Master Street Plan and the US 287/SH 14 Access Management Report as a long term improvement for the corridor. Staff anticipates constructing the access road improvements concurrently with the planned improvements along North College Avenue. The property interests needed to construct this Project include permanent easements and temporary easements. Timely acquisition of the property interests is necessary to meet the project schedule. 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 from City Council 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 an owner, 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 the first reading of this Ordinance. FINANCIAL / ECONOMIC IMPACTS The total budget for the North College Improvements Project – Conifer to Willox is $11.8 Million. This includes the design, property acquisition, and construction for the rear access road in addition to the planned improvements along North College Avenue. The final funding for the Project is proposed in the 2014 budget revision request. ENVIRONMENTAL IMPACTS The Project will reduce congestion and improve air quality through the addition of multimodal improvements along North College Avenue. The rear access road is included as part of the Project and is a critical component of the larger overall corridor improvements. In addition, the rear access road will be constructed through an existing industrial area. The environmental impacts to the surroundings and the local storm drainage will be minimal. BOARD / COMMISSION RECOMMENDATION Several groups, including the Transportation Board, the Bicycle Advisory Committee, the Health and Built Environment Leadership Team, and the Built Environment Work Group, have received a project overview presentation for the overall North College Improvements Project – Conifer to Willox. These groups will continue to receive updates on both projects as they progress concurrently. PUBLIC OUTREACH The project team plans to continue significant public outreach throughout the project, including public open houses, individual meetings with property owners, regular updates to the North Fort Collins Business Association, and project updates to be posted on the project’s website, http://www.fcgov.com/engineering/ncollege.php. Public outreach for the west rear access road will be performed in conjunction with the outreach for the North College Improvements Project – Conifer to Willox. ATTACHMENTS 1. Location Maps – North College Improvements Project – Conifer to Willox Rear Access Road ORDINANCE NO. 117, 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 NORTH COLLEGE AVENUE IMPROVEMENTS PROJECT – CONIFER TO WILLOX ACCESS ROAD WHEREAS, the North College Avenue Improvements Project – Conifer to Willox (the “Project”) is scheduled to begin construction in 2014; and WHEREAS, the Project involves the construction of a rear access road west of College Avenue and other necessary improvements; and WHEREAS, the Project will improve the access between Conifer Street and Willox Lane; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described on Exhibits “A” through “G”, 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 owners 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 3 Exhibit "A" Page 2 of 3 Exhibit "A" Page 3 of 3 Exhibit "B" Page 1 of 3 Exhibit "B" Page 2 of 3 Exhibit "B" Page 3 of 3 Exhibit "C" Page 1 of 4 Exhibit "C" Page 2 of 4 Exhibit "C" Page 3 of 4 Exhibit "C" Page 4 of 4 Exhibit "D" Page 1 of 4 Exhibit "D" Page 2 of 4 Exhibit "D" Page 3 of 4 Exhibit "D" Page 4 of 4 Exhibit "E" Page 1 of 3 Exhibit "E" Page 2 of 3 Exhibit "E" Page 3 of 3 Exhibit "F" Page 1 of 4 Exhibit "F" Page 2 of 4 Exhibit "F" Page 3 of 4 Exhibit "F" Page 4 of 4 Exhibit "G" Page 1 of 4 Exhibit "G" Page 2 of 4 Exhibit "G" Page 3 of 4 Exhibit "G" Page 4 of 4