The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/19/2016 - SECOND READING OF ORDINANCE NO. 043, 2016, AUTHORIAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Dean Klingner, Engineer & Capital Project Manager Dan Woodward, Civil Engineer I SUBJECT Second 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 This Ordinance, adopted on First Reading on April 5, 2016 by a vote of 6-1 (Nays: Overbeck) authorizes the use of 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. 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 5, 2016 (PDF) 2. Ordinance No. 043, 2016 (PDF) Agenda 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 ATTACHMENT 1 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) -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 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, 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 &YIJCJU" 1BHFPG &YIJCJU# 1BHFPG &YIJCJU$ 1BHFPG &YIJCJU% 1BHFPG &YIJCJU& 1BHFPG &YIJCJU' 1BHFPG &YIJCJU( 1BHFPG &YIJCJU) 1BHFPG &YIJCJU* 1BHFPG &YIJCJU+ 1BHFPG &YIJCJU, 1BHFPG &YIJCJU- 1BHFPG