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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2013 - ITEMS RELATING TO THE NORTH COLLEGE IMPROVEMENTS PDATE: March 5, 2013 STAFF: Kyle Lambrecht, Dean Klingner Lindsay Kuntz, Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Items Relating to the North College Improvements Project - Conifer Street to Willox Lane. A. Second Reading of Ordinance No. 027, 2013, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Improvements Project – Conifer to Willox. B. Second Reading of Ordinance No. 029, 2013, Authorizing the Conveyance of Parcels of Real Property on North College Avenue to the Colorado Department of Transportation. EXECUTIVE SUMMARY The North College Improvements Project – Conifer to Willox is a multimodal improvement project that extends from Conifer Street to Willox Lane. This project will construct improvements in accordance with the City of Fort Collins North College Corridor Plan and the US 287/SH 14 Access Management Report. The project is planned to begin construction in 2014, addressing the remaining section of the North College Corridor. The project budget consists of both federal and local funds. These Ordinances, unanimously adopted on First Reading on February 19, 2013, will enable the City to acquire certain lands adjacent to the project area. The acquisitions include both rights-of-way and permanent and temporary easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule. This project is one of the highest ranked roadway projects in the City’s Capital Improvements Plan. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 19, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 19, 2013 STAFF: Kyle Lambrecht, Dean Klingner Lindsay Kuntz, Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT Items Relating to the North College Improvements Project - Conifer Street to Willox Lane. A. First Reading of Ordinance No. 027, 2013, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Improvements Project – Conifer to Willox. B. First Reading of Ordinance No. 029, 2013, Authorizing the Conveyance of Parcels of Real Property on North College Avenue to the Colorado Department of Transportation. EXECUTIVE SUMMARY The North College Improvements Project – Conifer to Willox is a multimodal improvement project that extends from Conifer Street to Willox Lane. This project will construct improvements in accordance with the City of Fort Collins North College Corridor Plan and the US 287/SH 14 Access Management Report. The project is planned to begin construction in 2014, addressing the remaining section of the North College Corridor. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain lands adjacent to the project area. The acquisitions include both rights-of-way and permanent and temporary easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule. This project is one of the highest ranked roadway projects in the City’s Capital Improvements Plan. 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. There was also a desire 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. The portion of North College Avenue north of Conifer Street to Willox Lane is typical of older state highway corridors; it was constructed over many years in a fragmented approach aimed at accommodating development, minor roadway improvements, and increased traffic flows. This section of North College is a four-lane highway with a striped center left turn lane, partially paved shoulders, sporadic curb and gutter, occasional drainage swales, discontinuous sidewalks, no on-street bike lanes, and minimal defined access. Much of this section of North College lacks defined business access points, creating a dangerous traveling environment and impacting vehicular flow. In addition to high automobile and truck traffic volumes, many pedestrians and cyclists use North College to access residential, employment, and commercial destinations. The North College Improvements Project – Conifer to Willox is proposed to be funded through a combination of sources, including (1) various federal grant funds, (2) CDOT resurfacing funds, (3) local City of Fort Collins funds, and (4) savings from the North College – Vine to Conifer Project. In order to construct the planned improvements, the City needs to acquire rights-of-way and permanent and temporary easements. Staff identified 28 parcels requiring acquisition. Since the project is located on a CDOT facility and 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 COPY COPY COPY COPY February 19, 2013 -2- ITEM 18 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 is meeting 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. Goals for the roadway and streetscape improvements along North College Avenue between Conifer Street and Willox Lane include the following: • Create a safe and effective travel corridor for all users including bicycles, pedestrians, transit users, passenger vehicles, and heavy vehicles. • Define access points as highlighted in the US 287/SH14 Access Management Report. • Maintain compatibility with utilities, including stormwater, water, sewer, power, and communications. • Support the economic viability and improve the visual appeal of the project area. • Upgrade the infrastructure of the North College Corridor while minimizing impacts to existing infrastructure. • Maintain compatibility with the intent of previous local planning efforts. All of the planned improvements along North College Avenue will be designed in accordance with previous planning efforts: Larimer County Urban Area Street Standards (LCUASS), CDOT Standard Specifications for Road and Bridge Construction, US 287/SH14 Access Management Report, and the North College Corridor Plan. As with all projects involving a CDOT facility and as per the IGA between the City and CDOT for this project, any acquired right-of-way is required to be subsequently conveyed to the Colorado Department of Transportation. After the City has successfully acquired all property interests needed to construct the project, the fee simple parcels acquired for right of way will be conveyed to CDOT via Warranty Deed. FINANCIAL / ECONOMIC IMPACTS The total budget for the North College Improvements Project – Conifer to Willox is $11.8 million. This includes all design, right-of-way acquisition and construction costs. In 2012, City Council appropriated $1,752,481, comprised of approximately 80% federal funds and 20% local matching funds. As a part of the 2013 budget process, City Council appropriated an additional $1.94 million. Adoption of an appropriation ordinance will be required later in 2013 to appropriate the required construction funding. City staff anticipates that the construction funding will be a combination of project savings from the Vine to Conifer project, CDOT resurfacing funds, additional federal grant funds and additional local City of Fort Collins funds. The project funding is summarized below: Previous Appropriations 2012 Federal Funds plus Local Match $1,752,481 2013 Previously Appropriated Local Funds $1,940,000 Subtotal $3,692,481 Future Anticipated Appropriations (late 2013) Construction Federal Funds $439,000 Estimated CDOT Resurfacing Funds $850,000 Estimated Savings from Vine to Conifer Project $1,000,000 Remainder from City of Fort Collins Funds $5,375,519 Subtotal $7,664,519 COPY COPY COPY COPY February 19, 2013 -3- ITEM 18 Grand Total $11,800,000 One of the primary goals of this project is to support the economic viability of the project area by upgrading the image and safety of the North College Corridor, while minimizing impacts to existing infrastructure. This is consistent with adopted long-term plans for the area, including the North College Corridor Plan (2007) and Fort Collins City Plan (2011). The project will address these goals through the design and construction of multimodal improvements, urban design features, the consolidation and definition of accesses, and other improvements which support existing businesses and encourage redevelopment. ENVIRONMENTAL IMPACTS The project will have a positive impact on long-term air and storm water quality. The addition of improved bicycle and pedestrian facilities will increase the number of people walking and biking along North College Avenue, resulting in a clearly definable air quality improvement. The utility upgrades in this project include improvements to the stormwater distribution system. Stormwater will ultimately be routed to water quality ponds where suspended solids and hydrocarbon contaminants from roadway drainage will be removed prior to discharge into receiving waters. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The North Front Range Metropolitan Planning Organization (NFRMPO) received a project overview presentation resulting in awarding federal funds to the project. The Transportation Board received and will continue to receive updates as the project progresses. PUBLIC OUTREACH The project team plans 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. ATTACHMENTS 1. Location Map - North College Improvements Project – Conifer to Willox ORDINANCE NO. 027, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE NORTH COLLEGE AVENUE IMPROVEMENTS PROJECT – CONIFER TO WILLOX 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 road and utility improvements, curbs, gutters, driveways, bike lanes, sidewalks, streetscape, and other necessary improvements; and WHEREAS, the Project will improve the safety, operations, and aesthetics 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 “DD”, 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 these 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. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk ORDINANCE NO. 029, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF PARCELS OF REAL PROPERTY ON NORTH COLLEGE AVENUE TO THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the City plans to acquire a number of parcels of land as part of the North College Avenue Improvements Project – Conifer to Willox (the “Project”), which will be constructed in 2014; and WHEREAS, the Project received funding from multiple sources including federal grant funds, local City funds, savings from the North College Improvements – Vine to Conifer Project, and Colorado Department of Transportation (“CDOT”) funds; and WHEREAS, on February 21, 2012, the City Council adopted Resolution 2012-008, authorizing the City to execute an intergovernmental agreement with CDOT for funding for the Project (the “IGA”); and WHEREAS, the IGA requires the City to acquire all necessary property interests for the Project in the name of the City; and WHEREAS, the IGA further requires the City to convey to CDOT all property acquired for the Project that is used to provide additional right-of way-for North College Avenue, also known as US Highway 287, commencing at the back edge of the new curb and gutter; and WHEREAS, of the land that the City intends to acquire for the Project, City staff has identified a number of parcels on North College Avenue, all or portions of which will have to be conveyed to CDOT upon completion of the Project in accordance with the IGA; and WHEREAS, these parcels are more particularly described on Exhibits “A” through “Z”, attached and incorporated herein by this reference (the “Property”); and WHEREAS, precise legal descriptions of the portions of the Property to be conveyed to CDOT will be created when the Project is complete; and WHEREAS, the conveyance from the City to CDOT would be by warranty deed; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Property to CDOT as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey all or portions of the Property to CDOT on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the parcels to be conveyed, as long as such changes do not materially increase the size or change the character of the Property. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk