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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/07/2014 - SECOND READING OF ORDINANCE NO. 182, 2013, AUTHORIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist Erika Keeton, Special Project Engineer SUBJECT Second Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 17, 2013, authorizes the use eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). As a federally funded transportation project, this acquisition 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 the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (PDF) 2. Ordinance No. 182, 2013 (PDF) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Patrick Rowe, Real Estate Specialist Erika Keeton, Special Project Engineer SUBJECT First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY The purpose of this item is to obtain City Council authorization to utilize eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). This acquisition interest was identified more than a year ago, but was placed on hold to combine with any other newly identified acquisition interests. No further interests were identified and this will be the final acquisition necessary for the MAX Project. 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 the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 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/re-development driver. The “MAX” system has a planned operation date of May 2014. 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 consists of a combination of property owned by the BNSF, Colorado State University, private land owners, and the City. ATTACHMENT 1 Agenda Item 14 Item # 14 Page 2 The utility easement interest that is the subject of this agenda item will be the final acquisition necessary for the MAX Project. All other property interests, with the exception of several that are in process, have been acquired. Significant public outreach has occurred on this long standing project in many forms, including numerous open houses and direct communication with impacted property owners. 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 is a federally funded project, eminent domain must be authorized before staff is able to send to affected property owners 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 necessary, and only if good faith negotiations are not successful. It’s 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 IMPACT Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. PUBLIC OUTREACH The affected property owner has been contacted via certified mail and personally contacted by the City’s Real Estate Services Department. ATTACHMENTS 1. Location Map (PDF) - 1 - ORDINANCE NO. 182, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LAND NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT WHEREAS, construction of the Mason Corridor Bus Rapid Transit Project (the “Project”) has recently been commenced; 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, City staff has recently identified an additional property interest (the “Property”), hereinafter described on Exhibit “A”, attached hereto and incorporated herein by this reference, that is needed for the Project; and WHEREAS, the acquisition of the Property is in the City’s best interest and would enhance the public health, safety, and welfare; and WHEREAS, the acquisition of the Property may, by law, be accomplished through eminent domain; and WHEREAS, the City will continue to negotiate in good faith for the acquisition of the Property from the landowner and will commence eminent domain proceedings to acquire the Property only if such negotiations are unsuccessful. 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 described on Exhibit “A” 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 right for the City by eminent domain. Section 3. The City Council hereby finds, in the event that acquisition by eminent domain 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 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit 'A' Page 1 of 2 Exhibit 'A' Page 2 of 2