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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/01/2014 - SECOND READING OF ORDINANCE NO. 087, 2014, AUTHORIAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 1, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT Second Reading of Ordinance No. 087, 2014, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Vine Drive and Shields Street Intersection Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 3, 2014, obtains authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Vine Drive and Shields Street intersection. The Vine Drive and Shields Street Intersection Improvements Project will construct a single lane roundabout for safety and air quality improvements at the intersection. The project is planned to begin construction in the spring of 2015 and be completed in the fall of 2015. 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 six 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. Copy of First Reading Agenda Item Summary, June 3, 2014 (w/o attachments) (PDF) 2. Ordinance No. 087, 2014 (PDF) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY June 3, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 087, 2014, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Vine Drive and Shields Street 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 Vine Drive and Shields Street intersection. The Vine Drive and Shields Street Intersection Improvements Project will construct a single lane roundabout for safety and air quality improvements at the intersection. The project is planned to begin construction in the spring of 2015 and be completed in the fall of 2015. 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 six 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 ranked the Vine Drive and Shields Street intersection in the top ten locations in need of enhancements. Existing problems which brought this intersection to the top of the list included poor horizontal geometry, deficient and non- existent bicycle and pedestrian facilities, higher than average vehicle accident rates and elevated levels of vehicle congestion. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. The Project will construct a single-lane roundabout, crosswalks, bicycle lanes and sidewalks, utility improvements, landscape enhancements, and urban design elements. The goals of this project are:  Correct sub-standard horizontal geometry of the intersection  Relieve congestion for the current and projected traffic  Reduce accidents by modifying the intersection geometry  Improve air quality by reducing vehicle waits time (delay) Agenda Item 14 Item # 14 Page 2  Construct landscaping enhancements  Install crosswalks and bicycle lanes to improve safety. The necessary property interests include right-of-way and temporary easements. 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 corresponded with all property owners to provide the purpose and goals of the project and inform them of any impacts to their properties. Staff also notified property owners that they would be presenting an ordinance to City Council requesting approval to use eminent domain to acquire necessary property interests if needed. Staff has 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 IMPACTS Council previously approved the following Resolution and Ordinances in the fall of 2012:  Ordinance No. 076, 2012 (Appropriation Ordinance)  Resolution 2012-065 (IGA with CDOT for Grant Funds)  Resolution 2012-066 (IGA with Larimer County) Resolution 2012-067 (A single-lane roundabout is the preferred alternative) The following table lists the funding sources, amounts and percentages of the total project cost. FUNDING SUMMARY (2012 - 2015) Funding Source Funding Amount % of Total Project Cost STP-Metro Federal Grant (CDOT) $1,054,000 ± 62% Regional Road Impact Fee (Larimer County) $325,000 ± 19% Building on Basics Intersection Fund (City) $322,101 ± 19% Total Anticipated Funding $1,701,101 100% The Regional Road Impact Fee will be used as the Local Agency Match in the amount of $219,101 and as Overmatch in the amount of $105,899. The Building on Basics quarter-cent tax will be used as Overmatch in the amount of $322,101. The Vine Drive and Shields Street Intersection Improvements Project was awarded a total of $1,054,000 from the North Front Range Metropolitan Planning Organization. The disbursement of the construction funds will not be available until the CDOT 2015 Fiscal Year. The following table lists the funding amount by CDOT Fiscal Year (FY). FY 2012 FY 2013 FY 2014 FY 2015 TOTAL Federal Funds $304,000 $132,000 - $618,000 $1,054,000 Agenda Item 14 Item # 14 Page 3 Short and long term economic benefits of the roundabout will be realized by the following:  Easing of traffic congestion resulting in reduced fuel consumption  Multi-modal safety improvements resulting in fewer and less severe accidents  A concrete intersection without traffic signals resulting in lower long term asset maintenance allocations ENVIRONMENTAL IMPACTS The project will have a positive impact on short and long term air quality. The peak hour analysis of the roundabout intersection, as compared to the existing conditions, shows the following percent reductions for the short term benefits: Vehicle Delay 75%  Total Stops 70%  Fuel Consumption 37%  Vehicle Emissions 39% Other environmental benefits stemming from the project: An improved storm sewer system with water quality features  Landscape enhancements and urban design elements  Accessible crosswalks and the addition of bicycle and pedestrian facilities PUBLIC OUTREACH City staff teamed with Larimer County for two open house events. The first event was in the fall of 2011 to announce the kick-off for both agencies projects. The second open house was held in May, 2012 to present the findings of the City’s intersection alternatives analysis. Invitations were sent to all residents and business owners within a ¼ mile radius of the intersection. Additionally, Lincoln Middle School and Putnam Elementary staff and parents were included on the invitee list. ATTACHMENTS 1. Location map (PDF) - 1 - ORDINANCE NO. 087, 2014 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 VINE DRIVE AND SHIELDS STREET INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Vine Drive and Shields Street Intersection Improvements Project (the “Project”) is scheduled to begin construction in 2015; and WHEREAS, the Project involves the construction of road and utility improvements, landscape enhancements, bicycle and pedestrian improvements, and other necessary improvements; and WHEREAS, the Project will relieve congestion and improve the safety, operations, air quality and aesthetics at the intersection; and WHEREAS, it is necessary for the City to acquire certain property rights as described on Exhibits “A” through “M”, attached 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 such property rights for the City by eminent domain proceedings. Section 3. The City Council finds that, in the event the City commences acquisition by eminent domain of the property rights described in this Ordinance, immediate possession is necessary for the public health, safety and welfare. - 2 - Introduced, considered favorably on first reading, and ordered published this 3rd day of June, A.D. 2014, and to be presented for final passage on the 1st day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit "A" Exhibit "B" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Exhibit "H" Exhibit "I" Exhibit "J" Exhibit "K" Exhibit "L" Exhibit "L" Exhibit "M" Exhibit "M"