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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2013 - SECOND READING OF ORDINANCE NO. 144, 2013, AUTHORIAgenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY November 5, 2013 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT Second Reading of Ordinance No. 144, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and Timberline Road Intersection Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 15, 2013, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Horsetooth Road and Timberline Road intersection. The Horsetooth Road and Timberline Road Intersection Improvements Project will construct safety and congestion mitigation improvements at the intersection. The project is planned to begin construction in the summer of 2014 and be completed in the fall of 2014. The project budget consists of both federal and local funds. 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 temporary easements from thirteen property owners. Timely acquisition of the property 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 to comply with federal acquisition requirements. Eminent domain action will be used only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 15, 2013 (without attachments) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY October 15, 2013 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 144, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth 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 Horsetooth Road and Timberline Road intersection. The Horsetooth Road and Timberline Road Intersection Improvements Project will construct safety and congestion mitigation improvements at the intersection. The project is planned to begin construction in the summer of 2014 and be completed in the fall of 2014. The project budget consists of both federal and local funds. 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 temporary easements from thirteen property owners. Timely acquisition of the property 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 to comply with federal acquisition requirements. Eminent domain action will be used 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 listed the Horsetooth Road and Timberline Road intersection as a top ranked location for needed safety and operational improvements. Existing problems which brought this intersection to the top of the list include: higher than average vehicle accident rates, significant congestion during peak hour travel times, and intersection delay for all transportation modes. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. The Project will construct four new turn lanes, landscaped medians, underground utility improvements, water quality enhancements and bicycle/pedestrian improvements. The intersection traffic model shows a forty percent (40%) increase in peak hour traffic counts at this intersection in the year 2035. The proposed turn lane improvements are as follows: Agenda Item 18 Item # 18 Page 2  Construction of dual left turns for northbound and southbound Timberline  Construction of a southbound, dedicated right turn lane (Timberline to Horsetooth)  Construction of an eastbound, dedicated right turn lane (Horsetooth to Timberline) The goals of this project are:  Relieve congestion for the current and projected traffic  Reduce accidents by modifying the intersection geometry and changing the signal timing  Improve air quality by reducing vehicle wait time (delay)  Construct landscaping improvements in the medians and parkways  Install enhanced crosswalks and pedestrian islands The necessary property acquisitions include fee simple and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Since the project is partially funded with federal funds, all aspects of the project, including property acquisitions, must comply with procedures identified for federally funded projects. The acquisition phase of the project will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as Amended (Public Law 91-646). In accordance with these regulations, the City must inform property owners about the possible use of eminent domain and their rights pursuant to Colorado Statute in the official Notice of Intent Letter. Prior to appraisals, this letter is the official first step in the acquisition phase. Authorization for the use of eminent domain from City Council is needed prior to sending this information to property owners. Staff has met with property owners to discuss the project and impacts to their properties. Staff notified property owners at those meetings that they would be presenting an ordinance to City Council requesting approval to use eminent domain to acquire necessary property interests if needed. Staff received no objections to the proposed request. Staff is optimistic that all property negotiations can be completed in good faith. Given the recommended construction schedule for the project, and the fact that the City must conduct acquisitions under procedures for federally funded projects, timely acquisition of the property interests is necessary. Staff is requesting authorization of eminent domain, only if such action is deemed necessary, for all property acquisitions for the project. 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 IMPACT The project is funded through the Building on Basics (BOB) Intersection Funds from the voter approved quarter-cent sales tax; along with a Federal Grant from the North Front Range Metropolitan Planning Organization (NFR-MPO) in the category of Congestion Mitigation and Air Quality (CMAQ). Ordinance No. 013, 2013 and Resolution 2013-003, approved by Council in February, 2013, appropriated the unanticipated grant revenue into the Capital Project and authorized the Mayor to execute an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT). The total project budget is $3,300,000 ($3.3 M) which includes design, right-of-way and construction. The following table lists the funding sources and amounts associated with the CMAQ grant: Funding Summary (2013-2014) Funding Source Funding Amount CMAQ Federal Grant (CDOT) $391,001 BOB Intersection Existing Appropriations (City Match) $81,279 BOB Intersection Existing Appropriations (City Overmatch) $2,827,720 Total Anticipated Funding $3,300,000 Agenda Item 18 Item # 18 Page 3 Short and long term economic benefits of the reconstructed intersection will be realized by the following:  Easing of traffic congestion resulting in reduced fuel consumption and improved air quality  Decrease in accident and delay costs (as calculated per the Highway Safety Manual) 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. Upon completion of the project, the traffic modeling shows the peak hour delay will be reduced by twelve percent (12%) in the morning and eighteen percent (18%) in the evening. A twenty-six percent (26%) decrease in accidents is projected, given the revised intersection geometry and signal timing. As part of the criteria for accepting the CMAQ funding, the City’s Traffic Department will monitor the intersection after the proposed improvements have been constructed at regular, on-going intervals. The collected data will be compared to the pre-construction conditions and the expected results of the traffic modeling. Other environmental benefits stemming from the project:  An improved storm sewer system with water quality features  Landscape enhancements in the medians and parkway areas  The addition of a dedicated bicycle lane for eastbound Horsetooth Road 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/horsetooth-timberline.php> and the FC Trip website. ATTACHMENTS 1. Project Location Map - 1 - ORDINANCE NO. 144, 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 HORSETOOTH ROAD AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Horsetooth Road and Timberline Road Intersection Improvements Project (the “Project”) is scheduled to begin construction in 2014; and WHEREAS, the Project involves the construction of road and utility improvements, landscaped medians, water quality enhancements, bicycle and pedestrian improvements, and other necessary improvements; and WHEREAS, the Project will relieve congestion and improve the safety, operations, and aesthetics at the intersection; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described on Exhibits “A” through “S”, attached hereto and incorporated herein by this reference (the “Exhibits”), for the purpose of constructing the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of said 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 such 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 described on the Exhibits 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 said property rights for the City by eminent domain proceedings. Section 3. The City Council finds, in the event that acquisition by eminent domain of the property rights described in this Ordinance is commenced, that immediate possession is necessary for the public health, safety and welfare. - 2 - Introduced, considered favorably on first reading, and ordered published this 15th day of October, A.D. 2013, and to be presented for final passage on the 5th day of November, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of November, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Exhibit "I" Exhibit "J" Exhibit "K" Exhibit "L" Exhibit "M" Exhibit "N" Exhibit "O" Exhibit "P" Exhibit "Q" Exhibit "R" Exhibit "S"