Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2016 - SECOND READING OF ORDINANCE NO. 073, 2016, AUTHORIAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Dean Klingner, Engineer & Capital Project Manager SUBJECT Second Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. EXECUTIVE SUMMARY Staff requests postponement of Second Reading of Ordinance No. 073, 2016, to July 5, 2016, to allow staff time to review a suggested amendment to the design approved on First Reading. This Ordinance obtains authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. The Ordinance was adopted on First Reading on May 17, 2016 by a vote of 5-2 (Nays: Overbeck, Cunniff). STAFF RECOMMENDATION Staff recommends postponement of Second Reading to July 5, 2016. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 073, 2016 (PDF) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Dean Klingner, Engineer & Capital Project Manager SUBJECT First Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of 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 necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. Ordinance No. 043, 2016 was adopted on Second Reading on April 19, 2016, allowing City staff to begin the property acquisition process for the preferred alternative on the six commercial properties at this intersection. Staff delayed the residential properties approximately six weeks to allow additional design work and discussions with the property owners. The following work has been done recently in regards to the residential properties:  Council Work Session presentation and discussion on April 12, 2016, resulting in: o Majority support for dual westbound left turn lanes o Request to provide follow-up on additional design questions  Meeting with Mayor Pro Tem Horak, City Manager, City staff and affected property owners to discuss property owners requested design (April 25, 2016).  Memo to Council providing detailed analysis of the impacts and benefits of moving the roadway south to avoid wall impacts.  Support from Transportation Board and Bicycle Advisory Committee on staff’s preferred alternative. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff will 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 necessary in order to keep the project on schedule. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Council approved the second reading of Ordinance No. 043, 2016 on April 19, 2016, allowing staff to being the property acquisition process on the six affected commercial properties at this intersection. In order to construct the preferred alternative for the Project, the City needs to acquire property from the two residential properties on the east end of the Project as well. ATTACHMENT 1 Agenda Item 19 Item # 19 Page 2 The Prospect and College 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 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 Multiple planning efforts and projects over the last several years help inform and set the stage for the proposed improvements at Prospect and College. These are summarized as follows:  2011 Master Street Plan and Transportation Master Plan designated Prospect from Mason Street to I- 25 as an Enhanced Travel Corridor (ETC) and as a Gateway Intersection.  The Capital Improvement Plan (CIP) (Appendix D to the 2011 Transportation Master Plan) lists intersection improvements to Prospect and College as a High priority project. Roadway improvements to Prospect Avenue from College to Lemay are listed as a Medium priority project.  The 2011 Arterial Intersection Prioritization Study identified Prospect and College as a top priority for congestion and safety improvements  The West Central Plan (adopted in 2015) eastern limit is College Avenue. However, improvements to Prospect and College are sited as a Short-Term project (0-10 years) and the location is noted as “High crash location, high vehicle delays, and review for multi-modal improvements.” ETC’s are 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. Key elements of gateway intersections include extensive landscaping and urban design to highlight entryways into the city. 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. City staff presented a preferred alternative for the intersection improvements at the April 12, 2016 City Council Work Session. Staff provided background information on the current design of the improvements. The preferred design concept is included as an attachment. After the April 25 meeting with Mayor Pro Tem Horak, the City Manager and affected property owners, City staff prepared an alternative that would move the road sufficiently south to avoid impacts to the wall in front of 1535 Remington and maintain the westbound dual left turn lanes. This alternative is discussed in detail in the attached Memo to Council. In summary, the alternative is not recommended for the following reasons:  Impacts are shifted to multiple properties  Most substantially, this requires a full purchase of 1601 Remington, demolition of the house and garage structures and restoration of the property (filling the basement, restoring the landscaping, etc.)  Additional property acquisition from the fueling station and convenience store on the SW corner of Prospect and College to the extent that damages to the business operation are expected.  Extension of the project limits to the east of Remington to include two right of way acquisitions that to this point have not been included in any discussions. Agenda Item 19 Item # 19 Page 3  Additional construction costs associated with the extended project limits, reconfiguration of the Remington and Prospect intersection, and full reconstruction of the roadway where an asphalt overlay is no longer feasible.  These impacts in total are estimated to add at least $1.3M in additional costs to the project above and beyond the cost savings from 1535 Remington. This “Southern Shift” alternative does not provide any additional operational or safety benefits compared to the preferred alternative. It does provide the opportunity to build a detached wide sidewalk along 1601 Remington after the house is removed. The “Southern Shift” has the following key design differences:  All the lanes on the west side of the intersection would be 10’ wide. This is a design that City staff does not support in this context for safety reasons.  The “Southern Shift” would fail to improve the existing condition of a 6-foot sidewalk adjacent to a narrow lane along the 1535 Remington property.  Medians would be narrower than the minimum necessary to plant trees.  The “Southern Shift” alternative would preserve 3 mature trees on the north side of the road, but would require the removal of 3 mature trees on the south side. Both alternatives impact the same number of trees -- 15 trees in total. Based on a thorough evaluation of all possible design alternatives, the City recommends proceeding with the preferred design alternative as presented in the April 12 Work Session. This design provides the following benefits:  Dual left turn lanes westbound, extended right turn lanes, landscaped medians, porkchop islands and sidewalks to accommodate bicycles and pedestrians  20-25% reduction in overall delay and congestion at the intersection  Multimodal improvements with safety and operational benefits for all modes  Urban design and landscaping for this Gateway Intersection This alternative does require relocation of the retaining wall and removal of the tree at 1535 Remington Street. The City has met with the property owner numerous times and looked at all alternatives that leave the existing wall in place. This wall will need to be relocated as part of the preferred design alternative. The City Forester has evaluated the affected tree to be in “Fair” condition. The Forester has also noted that moving the wall at all, even a few feet, would require removal of the tree. Through negotiations the City will propose to mitigate and restore the wall and landscape areas on the property. Staff’s preferred design alternative was presented to both the Bicycle Advisory Committee and the Transportation Board. Both groups supported staff’s preferred design alternative. The necessary property interests include right-of-way and 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 property. 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 our 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. Agenda Item 19 Item # 19 Page 4 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. City of Fort Collins Utilities is planning significant stormwater improvements as a part of the Project. Colorado State University has financial responsibility for coordinated improvements generally related to the NW corner of the intersection. The purchase of this right- of-way will allow staff to move forward with final design and construction. BOARD / COMMISSION RECOMMENDATION The project was presented and discussed at the April 20, 2016 Transportation Board Meeting. Letter of Support from the Transportation Board is attached. The project was presented and discussed at the March 28, 2016 Bicycle Advisory Committee. PUBLIC OUTREACH This project has been included as a part of the Prospect Corridor Outreach Plan. The project team has held over 20 individual meetings with the eight adjacent property owners. . ATTACHMENTS 1. Location Map (PDF) 2. Sustainability Assessment Summary (PDF) 3. Proposed ROW Exhibit (PDF) 4. Preferred Alternative Design Concept (PDF) 5. Memo to Council May 3, 2016 (PDF) 6. Transportation Board Letter of Support (PDF) 7. Staff Presentation (PDF) -1- ORDINANCE NO. 073, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF ADDITIONAL LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS AS PART OF 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 2017; 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, on April 19, 2016, the City Council adopted on second reading Ordinance No. 043, 2016, authorizing the acquisition of certain lands necessary for construction of the City Project; and WHEREAS, the City has identified certain additional real property interests needed for the City Project, as described on Exhibits “A” through “D”, attached hereto and incorporated herein by this reference (the “Property Interests”); and WHEREAS, the Property Interests include real property to be acquired either in fee simple for right-of-way or for temporary construction easements; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Interests from the owners thereof; and WHEREAS, the acquisition of the Property Interests 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 City is authorized under Article XX, §1 of the Colorado Constitution and Article V, §14 of the City Charter to use the power of eminent domain to acquire real property as reasonably necessary for public improvements such as the City Project; and WHEREAS, the acquisition of the Property Interests may, by law, be accomplished through eminent domain. -2- 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 Interests 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 Interests for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of any of the Property Interests, or any portion of them, is commenced, immediate possession of the same is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. _________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D"