HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/17/2015 - FIRST READING OF ORDINANCE NO. 043, 2015, AUTHORIZAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY March 17, 2015
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Timothy Kemp, Civil Engineer
SUBJECT
First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Prospect 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 Prospect Road and
Timberline Road intersection. The Prospect Road and Timberline Road Intersection Improvements will
construct safety and congestion mitigation improvements at the intersection, and on Timberline Road from
Prospect Road south to Blackbird Drive. The project is planned to begin construction in the spring of 2016 and
be completed by the fall of 2016. To construct these improvements, the City will need to acquire certain
property interests adjacent to the project area. The acquisitions include right-of-way, permanent easements,
and temporary easements from four property owners. Timely acquisition of the property is necessary to meet
the anticipated construction schedule. 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
In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study, which listed the
Prospect Road and Timberline Road intersection as one of the top ranked locations for needed safety and
operational improvements. Existing problems which brought this intersection to the top of the list included
significant congestion during the peak hours, higher than average vehicle accident rates, and intersection
delay. The project will include multi-modal facility improvements to create a safer and more efficient
intersection for all users.
The Intersection Study identified the need for a "free" right turn lane from eastbound Prospect Road to
southbound Timberline Road; along with an acceleration lane on Timberline Road to receive this turning
movement. “Pork chop” islands will be added at right turn lanes to reduce pedestrian crossing lengths. Curb,
gutter, parkways and sidewalks will be added to southbound Timberline, along with landscaped medians.
Additionally, the Timberline Road and Great Western Railroad crossing will be rebuilt to accommodate the
roadway expansion.
The goals of this project are:
Agenda Item 6
Item # 6 Page 2
Improve safety and overall efficiency for vehicles, bicycles and pedestrians
Reduce the accident rate by modifying the configuration of the intersection
Improve air quality by reducing vehicle wait time (delay)
Construct landscaping improvements in medians and parkways
The necessary property interests include right-of-way, as well as permanent and temporary easements. Given
the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has
begun meeting with the affected property owners to discuss the project and the impacts to their property. 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. City staff received no objections to this
proposed request. 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 the First Reading of this Ordinance.
CITY FINANCIAL IMPACTS
The project is funded through the Building on Basics (BOB) Intersection Funds from the voter approved
quarter-cent sales tax. The project is defined as “Timberline Road - Drake Road to Prospect Road” from the
2005 ballot language. More specifically, the ballot language stated, “This project will expand Timberline Road
to four (4) lane arterial standards including travel lanes, sidewalks, bike lanes, landscaped medians, and other
necessary improvements. The project will include improvement to the Timberline / Prospect intersection and
all its approaches to add additional turn lanes.”
The total project budget is $3,500,000.00 ($3.5 M) which includes design, right-of-way and construction. One
percent (1%) of the total project budget will be dedicated to the Art in Public Places program.
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)
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/prospect-timberline.php>.
ATTACHMENTS
1. Prospect-Timberline Project Location Map (PDF)
2. Sustainability Assessment Summary (PDF)
ATTACHMENT 1
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: February 26, 2015
SUBJECT: Sustainability Assessment (SA) Summary for the Prospect Road and Timberline Road
Intersection Improvements Project
Key issues identified:
Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians,
and the environment.
No planned buffered bicycle lanes.
Suggested mitigation actions:
• Detours, pedestrian and bicycle access, and other construction best practices will be used to
maintain connectivity and access to local businesses.
• The project will provide the ability to install buffered bicycle lanes in the future.
Economic , 0.5 Social , 1.5
Environmental
-1.5
Rating
Average, 0.3
1
2
0
1.0
-4.0
-3.0
-2.0
-1.0
0.0
1.0
2.0
3.0
4.0
Sustainability Rating
Rating without mitigation Rating with mitigation
Rating Legend
3 Very positive
2 Moderately positive
1 Slightly positive
0 Not relevant or neutral
-1 Slightly negative
-2 Moderately negative,
impact likely
-3 Very negative, impact
expected
ATTACHMENT 2
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ORDINANCE NO. 043, 2015
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 PROSPECT ROAD
AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City is scheduled to begin construction on the Prospect Road and
Timberline Road Intersection Improvements Project (the “Project”) in 2016; and
WHEREAS, the Project involves constructing turn lanes, medians, curbs, gutters,
sidewalks, and other necessary improvements; and
WHEREAS, the Project will improve the safety, operations, and air quality of the
intersection; and
WHEREAS, to construct the Project, it is necessary for the City to acquire certain
property rights as described on Exhibits “A” through “I”, attached hereto and incorporated herein
by this reference (the “Property Rights”); 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
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 herein for the purpose of constructing the
Project.
Section 2. 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 3. 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.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of April, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Exhibit "A" Page 1 of 2
Exhibit "A" Page 2 of 2
Exhibit "B" Page 1 of 2
Exhibit "B" Page 2 of 2
Exhibit "C" Page 1 of 2
Exhibit "C" Page 2 of 2
Exhibit "D" Page 1 of 2
Exhibit "D" Page 2 of 2
Exhibit "E" Page 1 of 2
Exhibit "E" Page 2 of 2
Exhibit "F" Page 1 of 2
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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