HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2016 - FIRST READING OF ORDINANCE NO. 043, 2016, AUTHORIZAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY April 5, 2016
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Dean Klingner, Engineer & Capital Project Manager
Dan Woodward, Civil Engineer I
SUBJECT
First Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of
Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and
College Avenue 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 to the intersection of Prospect
Road and College Avenue. The authorization is only for the six commercial properties at this location. There
are two residential properties at the east end of the project that are not included here since work is still
underway to further define impacts. These properties will be brought to Council at a later date for
authorization.
The Prospect Road and College Avenue Intersection Improvements Project is a collaborative project between
the City of Fort Collins and Colorado State University (CSU). The project will construct road and intersection
improvements, multimodal enhancements, utility improvements, and access control improvements. On the
west leg of the intersection, these improvements are consistent with the recommendations in the West Central
Corridor Plan. Colorado State University (CSU) is developing a medical center on property they own at the
northwest corner of the College Avenue and Prospect Road intersection. This development will require the
construction of road improvements adjacent to their development and within Prospect Road. The
improvements to be made at the northwest corner have presented an opportunity for the City to construct other
needed multimodal improvements at the intersection. In order for the City to construct these improvements,
the City will need to acquire certain property interests adjacent to the project area. The acquisitions will
include right-of-way, permanent easements, and temporary easements from six property owners. Staff has
met with the affected owners and is working to address individual property owner considerations.
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 the six
commercial 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 Prospect and College intersection was identified as a high priority for congestion and safety improvements
in the City’s Arterial Intersection Study. The intersection has some of the highest traffic volumes in the entire
City in addition to high numbers of crashes, significant congestion in peak travel times, substandard bicycle
Agenda Item 14
Item # 14 Page 2
and pedestrian facilities and insufficient turn lanes. Turn lane improvements and improved signal timing will be
implemented to reduce congestion, while re-designed medians and bicycle and pedestrian facilities will update
the look, feel and functionality of the intersection for all modes of transportation
College Avenue is the eastern limit of the West Central Area Plan. This project will incorporate improvements
for the intersection consistent with those recommended in the West Central Area Plan.
The Prospect Corridor from Mason Street to Interstate 25 was designated as an Enhanced Travel Corridor
(ETC) on the 2011 Master Street Plan and Transportation Master Plan. During the planning and public
outreach process, ETC’s were identified as the most desired area of focus for the Transportation Master Plan
and future transportation investments. ETC’s are designated as routes that provide connections between
major activity centers such as downtown, CSU, Midtown, employment centers, shopping destinations and
neighborhoods. Enhanced Travel Corridors are defined as uniquely designed corridors that are planned to
incorporate high frequency transit, bicycling, and walking as part of the corridor.
As part of the 2011 Transportation Master Plan the College and Prospect intersection was identified as a
Gateway Intersection. Key elements of gateway intersections include extensive landscaping and urban design
to highlight entryways into the city. Creating a unique and inviting look and feel for this intersection is a top
priority for this project. The vision for the College and Prospect Improvements is to provide an attractive and
functional, well-integrated, mixed-use intersection and corridor that serves the mobility needs of nearby
neighborhoods, CSU, and the community. This vision would include:
A safe and comfortable corridor for all modes of travel;
Safe crossing;
An attractive gateway to campus, downtown, and midtown; and
A seamless connection to transit, including MAX.
The Project is recognized as being in a constrained area where proposed improvements may have property
impacts to adjacent businesses and residents. Designing in this area requires a context sensitive approach
with potentially narrower roadway elements than are typically required, while still meeting minimum safety and
operational considerations.
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 design and the potential impacts to
their properties. Staff will continue to work with property owners prior to the acquisition to address individual
site considerations while still achieving the improvements goals of the project. At the meetings, 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 the first reading of this Ordinance.
CITY FINANCIAL IMPACTS
The project is funded with local funds. Council appropriated $2,700,000 through a mid-budget offer in 2015 for
the design, right-of-way and construction of this project. The purchase of this right-of-way will allow staff to
move forward with final design and construction.
PUBLIC OUTREACH
More information on the Transportation Master Plan can be found at http://www.fcgov.com/planfortcollins/
pdf/tmp.pdf.
Agenda Item 14
Item # 14 Page 3
ATTACHMENTS
1. Location map (PDF)
2. Sustainability Assessment Summary and Tool (PDF)
3. Draft Design Concept (PDF)
4. Proposed Maximum Right-of-Way (PDF)
E Prospect Rd
W Prospect Rd
Remington St
S College Ave
W Lake St
³I
CSU Medical Center Project Location ±
College Avenue and Prospect Road
Intersection Improvement Project
Location Map
City Road Improvements Project Location
ATTACHMENT 1
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: March 1, 2015
SUBJECT: Sustainability Assessment (SA) Summary for the Prospect Road and Timberline Road
Intersection Improvements Project
Key issues identified:
x Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians,
and the environment.
Suggested mitigation actions:
• Detours, pedestrian and bicycle access, and other construction best practices will be used to
maintain connectivity and access to local businesses.
Economic , 1.0 Social , 2.0 Environmental
0
Rating
Average, 1.0
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
Average, Average 1.1 0
1.0
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
*The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(November 2014)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we
depend.
How to use the tool
The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social
equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment
Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine:
• The process for cross-department collaboration in using the SAT
• Timing for applying a SAT
• When to apply a SAT
• How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings
Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php
The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some
of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making.
Brief description of proposal
Please provide a brief description of your proposal – 100 words or less
This Council action item will authorize the use of eminent domain for Prospect Road and College Avenue Intersection Improvements Project.
Staff lead(s):
Please note staff name, position/division and phone number
Dan Woodward, Civil Engineer, 970-416-4203
Lindsay Kuntz, Real Estate Specialist, 970-221-6275
2
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil,
political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a
safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the
differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing,
education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and
seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender,
relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are
addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how
the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in
creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis.
x Is this proposal affected by any current policy, procedure or action plan?
Has advice been sought from organizations that have a high level of
expertise, or may be significantly affected by this proposal?
Proposal Description
This Council action item will authorize the use of eminent domain for right-of-
way acquisition at the College and Prospect Intersection Improvements project.
1. Meeting Basic Human Needs
• How does the proposal impact access to food, shelter,
employment, health care, educational and recreational
opportunities, a safe and healthy living environment or
social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our community?
• How does this proposal contribute to helping people achieve
and maintain an adequate standard of living, including housing,
or food affordability, employment opportunities, healthy families,
or other resiliency factors?
Analysis/Discussion
At the project location, gaps in pedestrian and bicycle connectivity currently
exist. This project will eliminate existing gaps by constructing sidewalks and
multi-use paths. All pedestrian improvements will comply with ADA
requirements.
This project will result in more efficient traffic flow due in large part to the
installation of an additional westbound left turn lane and lengthening the east
bound right turn lane. Less vehicle congestion will likely result in reduced
frustration for commuters.
There will be temporary negative impacts to local residents, businesses and the
traveling public as a result of construction activities.
2. Addressing Inequities and being Inclusive
• Are there any inequities to specific population subsets in this
proposal? If so, how will they be addressed?
• Does this proposal meet the standards of the Americans with
Disabilities Act?
• How does this proposal support the participation, growth
Providing improved bicycle and pedestrian connectivity will likely result in
improved quality of life, as well as access opportunities, for seniors, youth,
people with disabilities, etc.
The improved pedestrian infrastructure will result in better access to local
businesses and public transportation including transit and MAX.
This project will provide pedestrian refuge islands that don’t currently exist. The
3
and healthy development of our youth? Does it include
Developmental Assets?
• If the proposal affects a vulnerable section of our community (i.e.
youth, persons with disabilities, etc.)
islands and wider walks will result in a more comfortable crossing for many
pedestrians, as well as a likely safer crossing.
This project will improve the access to the Remington Greenway and MAX,
promoting bicycle use as well as pedestrian.
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the community,
including women, people with disabilities, seniors, minorities,
religious groups, children, immigrants, workers and others?
Providing improved bicycle and pedestrian infrastructure will likely result in a
safer environment for pedestrians and bicyclists.
The shorter crossing distance provided by this project will likely result in safer
crossing conditions for pedestrians.
4. Culture
• Is this proposal culturally appropriate and how does it affirm
or deny the cultures of diverse communities?
• How does this proposal create opportunities for artistic and
cultural expression?
This project includes culturally-rich components, such as Art in Public Places,
urban design elements, and landscaped medians/parkways.
The design elements in this project match the brand and spirit of Fort Collins,
provide a sense of place at the intersection, and will enhance the aesthetics of
this gateway intersection.
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and interested
parties provided with opportunities for meaningful participation
in the decision making process of this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship to our
community?
This project will have a positive impact on the access of local residents to
nearby businesses, trails, and other destinations. With this intersection being a
gateway to CSU, many of the local residents may not have access to vehicles
and may rely heavily on walking or bicycling.
Community outreach, open houses and other opportunities for public input are
planned as part of the design phase of this project.
During construction there will be negative impacts to the neighborhoods as well
as right-of-way purchases to some residential properties.
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about and
share the activities and impacts of this proposal within the
City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and community
members?
The project team will engage in property owner outreach through direct
contact, open houses, and other outreach activities.
Cooperation between various City departments (Engineering, Parks, Utilities,
etc.) has and will be a key element in the development and execution of this
project.
Social Equity Summary
Key issues:
Positive impact on vehicular commuters, pedestrians, and bicyclists through improved infrastructure.
4
Develop a strong sense of place, community and culture through infrastructure and design elements.
Temporary negative construction impacts.
Potential mitigation strategies:
Detour routes and other construction mitigation strategies for vehicles, bicycles and pedestrians.
Overall, the effect of this proposal on social equity would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus X
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to
climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural
resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for
support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify
and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and
waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources.
Analysis Prompts
• The prompts below are examples of issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for
any one project. Issues not covered by these prompts may be very pertinent
to a proposal - please include them in the analysis.
• Is this proposal affected by any current policy, procedure or action
plan? Has advice been sought from organizations that have a high level
of expertise, or may be significantly affected by this proposal?
1. Environmental Impact
• Does this proposal affect ecosystem functions or
processes related to land, water, air, or plant or
animal communities?
• Will this proposal generate data or knowledge related to the
use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural resources?
Analysis/Discussion
It is anticipated that construction activities and roadway widening will have
negative impacts on the local ecosystems.
Landscaped areas and trees will be added to the project location.
5
• Does this proposal require or promote the continuous
improvement of the environmental performance of the City
organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
to relocation to a landfill.
Stormwater master plan improvements will be done as part of this project
which will improve water quality and flooding issues associated with rainfall
runoff events.
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s efforts to reduce
greenhouse gas emissions or otherwise mitigate adverse climate
change activities?
Project improvements will support bicycle and pedestrian travel through
infrastructure and safety improvements. As a result, it is anticipated that total
vehicle miles traveled may reduce.
Reduced idle time and improved traffic flow will likely reduce carbon and
greenhouse gas emissions.
Construction activities will temporarily increase emissions.
3. Protect, Preserve, Restore
• Does this proposal result in the development or modification
of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or the
urban growth boundary
• How does this proposal serve to protect, preserve, or restore
important ecological functions or processes?
Not Applicable
4. Pollution Prevention
• Does this proposal generate, or cause to be generated,
waste products that can contaminate the environment?
• Does this proposal require or promote pollution prevention
through choice of materials, chemicals, operational practices
and/or engineering controls?
• Does this proposal require or promote prevention of
pollution from toxic substances or other pollutants
regulated by the state or federal government?
• Will this proposal create significant amounts of waste or
pollution?
It is anticipated that a large portion of the construction materials generated as
part of this project will be recycled at Hoffman Mill, diverting these materials
from a landfill.
6
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials or
goods needed, reduction of resource or materials use, reuse of
current natural resources or materials or energy products, or
result in byproducts that are recyclable or can be re-circulated?
It is anticipated that, as with other roadway improvement projects, the asphalt
and concrete waste generated will be recycled.
6. Emphasize Local
• Does this proposal emphasize use of local materials,
vendors, and or services to reduce resources and
environmental impact of producing and transporting
proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
The construction of this project will be awarded as part of a competitive bidding
process. It is common for local contractors to bid on and be awarded similar
construction contracts.
Material for similar construction projects is generally locally sourced, and it is
anticipated that this project will likely be locally sourced as well.
Environmental Health Summary
Key issues:
Negative impacts on air quality as part of construction activities.
Negative impacts on local ecosystems as part of construction activities and roadway widening.
Positive impact on air quality as part of increased traffic efficiency and promotion of multi-modal transportation.
Reuse and recycling of materials within the City.
Potential mitigation strategies:
Best practice measures will be taken during construction to mitigate environmental impacts.
Trees and vegetation will be added to the project location to mitigate those removed as well as additional trees and vegetation.
Overall, the effect of this proposal on environmental health would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus X
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy,
enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs.
7
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis
• Is this proposal affected by any current policy, procedure or action plan? Has
advice been sought from organizations that have a high level of expertise, or
may be significantly affected by this proposal?
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it designed
and will it be managed to optimize the use of resources
including operating in a fossil fuel constrained society?
• Can the proposal be funded partially or fully by grants, user
fees or charges, staged development, or partnering with
another agency?
• How will the proposal impact business growth or operations
(ability to complete desired project or remain in operation), such
as access to needed permits, infrastructure and capital?
Analysis/Discussion
Providing improved connectivity for bicycles and pedestrians will likely benefit
the local businesses.
It is anticipated that there will be economic benefits as a result of improved
transportation infrastructure and improved commuting times.
Project improvements will support the general attractiveness and appeal of the
City, as well as specifically support the bicycle and pedestrian culture found in
the City.
Infrastructure improvements will directly improve access to local employers
and businesses including CSU.
There will be temporary negative impacts to local business access during
construction.
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
• Are apprenticeships, volunteer or intern opportunities
available?
• How will this proposal enhance the skills of the local workforce?
It is likely that there will be temporary work for local construction contractors
during construction.
3. Diversified and Innovative Economy
• How does this proposal support innovative or
entrepreneurial activity?
• Will “clean technology” or “green” jobs be created in this
proposal?
• How will the proposal impact start-up or existing businesses or
development projects?
Project improvements will have direct positive impacts for businesses in the
area as a result of reduced congestion and delays.
Temporary negative impacts to local businesses as a result of construction are
likely.
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local services
or products? Identify purchases from Larimer County and the
State of Colorado.
It is typical for construction contractors and material suppliers to be local for
this type of project.
Many of the construction materials used in roadway projects are comprised of
8
• Will this proposal enhance the tools available to businesses
to incorporate more sustainable practices in operations and
products?
• Are there opportunities to profile sustainable and socially
responsible leadership of local businesses or educate
businesses on triple bottom line practices?
locally-sourced components.
5. Relevance to Local Economic Development Strategy
Economic Prosperity Summary
Key issues:
Long-term benefits to local business access and connectivity.
Improved aesthetics promotes general appeal of the City.
Improvements to bicycle and pedestrian infrastructure promote the culture of the City.
Construction activities will likely have a temporary negative impact on local businesses.
Potential mitigation strategies:
Connectivity to local businesses will be maintained for vehicles, pedestrians and bicycles during construction.
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus X
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
X
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ATTACHMENT 3
ATTACHMENT 4
-1-
ORDINANCE NO. 043, 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 PROSPECT ROAD AND COLLEGE AVENUE
INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City is scheduled to begin construction on the Prospect Road and
College Avenue Intersection Improvements Project (the “City Project”) in 2016; and
WHEREAS, the City Project will construct needed road and intersection improvements,
multimodal transportation enhancements, utility improvements, and access control
improvements; and
WHEREAS, Colorado State University is also required to build certain improvements at
the same intersection in conjunction with the construction of its new medical center (the
“Medical Center Project”); and
WHEREAS, it is necessary for the City to acquire certain property interests for the City
Project in a timely manner in order to coordinate construction of the City Project with the
Medical Center Project; and
WHEREAS, the City has identified certain property rights that it needs to acquire for the
City Project, as described on Exhibits “A” through “L”, 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 temporary construction easements; 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 City 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 makes and adopts the determinations and
findings contained in the recitals set forth above.
-2-
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
City Project.
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, any of them, or any portion 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 5th day of
April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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There will be existing trees that are taken down as part of this project that will
be mitigated.
The improvement of traffic flow will likely result in reduced air pollution.
Staff anticipates recycling of construction materials at Hoffman Mill as opposed