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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/15/2016 - POSTPONEMENT OF SECOND READING OF ORDINANCE NO. 02Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer Rick Richter, Director of Infrastructure Services Jon Haukaas, Water Engr Field Operations Mgr SUBJECT Postponement of Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment to April 5, 2016. EXECUTIVE SUMMARY Staff requests postponement of Second Reading of this Ordinance to April 5, 2016, to allow time for corrections to be made to the legal descriptions attached as Exhibits to the Ordinance. This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (“slope easements”), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the 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 postponement of Second Reading to April 5, 2016. Agenda Item 5 Item # 5 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (PDF) 2. Ordinance No. 029, 2016 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer Rick Richter, Director of Infrastructure Services Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment. 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 stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (“slope easements”), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the 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 The NECCO Project was designed to provide an outfall during storm events that will serve the area lying east of College Avenue and north of Vine Drive. The purpose of the project is to:  Provide flood protection for public safety, human health, and welfare,  Minimize risk of flood losses and reduce potential economic damage from floods, ATTACHMENT 1 Agenda Item 9 Item # 9 Page 2  Rehabilitate and enhance the natural and beneficial values of the floodplain by re-establishing flow connectivity and conveyance in the Lower Dry Creek watershed. The transportation network in the northeast part of Fort Collins has been in the planning process and on the City’s Master Street Plan for many years. Staff is currently working on the preliminary design for Suniga Drive, realigned Lemay Avenue, and an alternatives analysis for the type of crossing where realigned Lemay Avenue intersects the Burlington Northern Santa Fe (BNSF) railway. Consistent with high priorities from the Capital Improvement Plan (CIP), this Council action will allow staff to start right-of-way and easement negotiations for:  Suniga Drive (formerly known as New Vine) from realigned Lemay Avenue to Redwood Street  Realigned Lemay Avenue from Vine Drive to Conifer Street The necessary property interests include fee simple parcels for right-of-way and stormwater facilities, as well as, permanent and temporary easements. Given the construction schedule for the NECCO Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their properties. At these meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, 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 First reading of this Ordinance. CITY FINANCIAL IMPACTS The project is funded with local funds. The Utilities Department is allocating $8.8 million appropriated over two budget cycles for funding the design, permitting, easement acquisition, and construction phases. Currently $5.4 million is available in 2016 and the remaining $3.4 million will be available in 2017. The Engineering Department is working with $1.25 million of prior Council appropriations for the design, alternatives analysis, and right-of-way acquisition phases. Currently, no funding is allocated for construction of Suniga Drive and realigned Lemay Avenue. PUBLIC OUTREACH An open house event was held on February 10, 2016. Vine / Lemay / BNSF Website: <http://www.fcgov.com/engineering/vine-lemay.php> ATTACHMENTS 1. Location map (PDF) 2. Sustainablilty Assessment Summary and Tool (PDF) 3. Public Meeting Summary, February 10, 2016 (PDF) -1- ORDINANCE NO. 029, 2016 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 NORTHEAST COLLEGE CORRIDOR OUTFALL PROJECT AND THE LEMAY AVENUE AND SUNIGA DRIVE RIGHT-OF-WAY ALIGNMENT WHEREAS, the City is scheduled to begin construction on the Northeast College Corridor Outfall Project (the “Utility Project”) in 2016; and WHEREAS, the City is also designing the right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan (the “Right-of-Way Project”); and WHEREAS, the alignments of the Utility Project and Right-of-Way Project overlap; and WHEREAS, the City desires to facilitate both projects by acquiring the property interests necessary to allow the Utility Project to proceed in a timely manner and procuring the right-of- way interests for the future construction of Lemay Avenue and Suniga Drive at the same time; and WHERAS, the Utility Project will provide a regional stormwater outfall to serve the area lying east of College Avenue and north of Vine Drive; and WHEREAS, the Right-of-Way Project will design improvements to construct public infrastructure as part of Lemay Avenue and Suniga Drive; and WHEREAS, it is necessary for the City to acquire certain property rights for the Projects as described on Exhibits “A” through “M”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the Property Rights include tracts of land to be acquired in fee simple for right-of-way and stormwater purposes; utility, drainage and slope easements; and temporary construction easements; and WHEREAS, the maximum slope in any of the slope easements would be no more than 4:1; 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 -2- 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Rights described herein for the purpose of constructing the Projects. Section 3. 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 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ 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 3 Exhibit "C" Page 2 of 3 Exhibit "C" Page 3 of 3 Exhibit "D" Page 1 of 5 Exhibit "D" Page 2 of 5 Exhibit "D" Page 3 of 5 Exhibit "D" Page 4 of 5 Exhibit "D" Page 5 of 5 Exhibit "E" Page 1 of 4 Exhibit "E" Page 2 of 4 Exhibit "E" Page 3 of 4 Exhibit "E" Page 4 of 4 Exhibit "F" Page 1 of 2 Exhibit "F" Page 2 of 2 Exhibit "G" Page 1 of 2 Exhibit "G" Page 2 of 2 Exhibit "H" Page 1 of 2 Exhibit "H" Page 2 of 2 Exhibit "I" Page 1 of 2 Exhibit "I" Page 2 of 2 Exhibit "J" Page 1 of 2 Exhibit "J" Page 2 of 2 Exhibit "K" Page 1 of 2 Exhibit "K" Page 2 of 2 Exhibit "L" Page 1 of 2 Exhibit "L" Page 2 of 2 Exhibit "M" Page 1 of 2 Exhibit "M" Page 2 of 2