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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/01/2016 - FIRST READING OF ORDINANCE NO. 029, 2016, AUTHORIZAgenda 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, 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) NORTH LEMAY AVENUE EAST VINE DRIVE REDWOOD STREET CONIFER STREET LAKE CANAL LINDENMEIER OUTFALL CHANNEL LINDENMEIER LAKE DRY CREEK DRY CREEK NECCO REGIONAL POND LAKE CANAL DRY CREEK EVERGREEN EAST POND ALTA VISTA ASPEN HEIGHTS NECCO BACKBONE KEDERIKE KEDERIKE SCHLAGEL CITY OF FORT COLLINS EEEKKKKKKK SNYDER (REALIGN EAST VINE DRIVE) SUNIGA VINE REGIONAL POND AREA = 36.4 AC NECCO PROJECT AND SUNIGA/LEMAY ALIGNMENT MAP LEGEND EFFECTIVE 100 YEAR FLOODPLAIN PROPOSED CONDITION 100 YEAR FLOODPLAIN PERMANENT EASEMENT TEMPORARY EASEMENT FUTURE SUNIGA/LEMAY RIGHT OF WAY FEE SIMPLE PURCHASE NECCO DETENTION POND FEE SIMPLE PURCHASE -PDBUJPO.BQ1BHFPG ATTACHMENT 1 SUSTAINABILITY ASSESSMENT SUMMARY DATE: February 16, 2016 SUBJECT: Sustainability Assessment (SA) Summary for the Northeast College Corridor Outfall (NECCO), realigned Lemay Avenue, and Suniga Drive Improvements Project Key issues identified: x Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians, and the environment. x Potential for phased roadway improvements and temporary connections. Suggested mitigation actions: • Detours, pedestrian and bicycle access, and other construction best practices will be used to maintain connectivity and access to local businesses. • Early implementation of a Communication and Public Outreach Plan. Economic , 0.0 Social , 1.0 Environmental , 2.0 Rating Average, 1.0 0 1 2 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 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (February 2016) 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 acquisition by eminent domain, if required, for certain lands necessary to construct public improvements in connection with the Northeast College Corridor Outfall (NECCO) and the realigned Lemay Avenue and Suniga Drive right-of-way alignment. Staff lead(s): Please note staff name, position/division and phone number Tim Kemp, Civil Engineer III (Engineering), 970-416-2719 Linsey Chalfant, Special Projects Manager (Utilities), 970-416-2558 *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 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 acquisition by eminent domain, if required, for certain lands necessary to construct public improvements in connection with the Northeast College Corridor Outfall (NECCO) and the realigned Lemay Avenue and Suniga Drive right-of-way alignment. Realigned Lemay Avenue and Suniga Drive do not currently have construction funding; this action will secure the necessary right-of-way. 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, pedestrian and bicycle connectivity is substandard. This project will eliminate existing deficiencies by constructing sidewalks and bicycle lanes. All pedestrian improvements will comply with ADA requirements. The roadway project if funded will reduce vehicle congestion at the intersection. Less vehicle congestion will likely result in reduced frustration for commuters. The NECCO project will provide the necessary infrastructure to support future housing, employment, and an overall healthy community. 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 parks and businesses. The roadway project would upgrade existing neighborhoods to current City 2 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.) standards. 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. If the roadway project is funded it would improve safety at the existing intersection as well as interaction with the railroad. The NECCO project will reduce the flooding potential of existing homes and future development in the area. The project will eliminate the overtopping of Vine Drive which ensures safe passage for motorists and emergency vehicles during flooding events. 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? The design elements in this project will match the brand and spirit of Fort Collins, provide a sense of place at the intersection, and will enhance the aesthetics of this intersection. Design of the project will include neighborhood revitalization which will include Art in Public Places, urban design elements and other improvements. The proposed drainage ponds will support the community’s priority of preserving natural areas and open space. 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 and other destinations once constructed. As a result of the enhancements, this project will likely instill a sense of neighborhood pride, creating a sense of place for the neighborhoods. Community outreach, open houses and other opportunities for public input are planned as part of the design phase of this project. The NECCO projects will reduce the floodplain in the Alta Vista Neighborhood ensuring safety during flooding events. Property owners located within the reduced floodplain will benefit from the elimination of flood insurance premiums. 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, Natural Areas, Parks, Utilities, etc.) has and will be a key element in the development of this Key issues: Positive impact on vehicular commuters, pedestrians, and bicyclists through improved infrastructure. Develop a strong sense of place, community and culture through infrastructure and design elements. Temporary negative construction impacts. Potential mitigation strategies: Install buffered bicycle lanes. 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 Analysis/Discussion It is anticipated that construction activities and roadway widening will have 4 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? • 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? negative impacts on the local ecosystems during construction. Landscaped areas and trees will be added to the project location. The improvement of traffic flow will result in reduced air pollution once construction is funded and completed. Staff anticipates recycling of construction materials at Hoffman Mill as opposed to relocation to a landfill. This project will enhance the ecosystem by designating drainage easements for the ponds. Plantings from the areas waterways will be harvested prior to construction and grown in a nursery for propagation and replanting post construction. The mitigation area will enhance the wetland habitat that already exists in the area. The soil spoils from the utility trench excavation will be reused as base fill for the roadway. The drainage ponds are designed with undulations to enhance the aesthetics of the drainage feature. 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 be reduced. The addition of trees, plantings, and vegetation, in conjunction with reduction of idle time and improved traffic flow, will likely reduce carbon and greenhouse gas 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? The project has been designed to avoid high quality wetland habitat. Where impacts did occur, enhanced mitigation efforts have been incorporated. The ponds will be located within designated drainage easements to protect the viability of the wetland and plant community that will occur as part of the revegetation efforts. Construction will occur outside of the bird nesting season to reduce the disturbance to bird species in the area. 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? Soil spoils from the utility trench excavations will be reused as base fill for the roadway. 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? Through the design process the project will identify any areas for potential reuse. 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? Connell resources are a local contractor hired to perform the construction of NECCO. Local resources will be used as much as possible for construction material of the NECCO project. 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 repurposing of structures 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. 6 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. 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 It is anticipated that there will be economic benefits as a result of improved transportation infrastructure and improved commuting times. Infrastructure improvements will directly improve access to local employers and businesses. It is anticipated that flood insurance premiums will be reduced. Supported utility infrastructure will encourage development in the area. The NECCO project is funded with Fort Collins Utilities ratepayer and development fees. 2. Employment and Training • What are the impacts of this proposal on job creation • 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. Project improvements will have direct positive impacts for these businesses. 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. • 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? Many of the construction materials used in roadway projects are comprised of locally-sourced components. A majority of the NECCO project budget will be paid to local companies and suppliers. 5. Relevance to Local Economic Development Strategy Economic development in the community is dependent upon having reliable utility infrastructure. 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 8 1 Vine/V Lemay/BNSF Project Vine/Lemay/BNSF Project Public Meeting Summary February 10, 2016 625 Ninth St, Streets Facility, 6-8 PM MEETING OVERVIEW The City of Ft. Collins hosted a public meeting on February 10th, 2016 from 6-8 PM, with a presentation at 6:30 PM and a subsequent question and answer period. 122 members of the public signed in to the meeting. The meeting was announced through a January 29th article in the Coloradan, a postcard mailer to residents in the project vicinity, a variable message board announcing the meeting (placed along Lemay) and an announcement on the website and through other social media The presentation covered the following topics: • Project Overview and History • Existing Problems (Transportation Challenges in the Area) • Alternatives (Possible Solutions) • Next Steps and Project Schedule Three alternatives were presented to the public for input; all assume a realignment of Lemay to the east. The alternatives differ based on whether Lemay would extend over, under or at-grade at the intersection with BNSF. The presentation is attached to this meeting summary for further information. PUBLIC COMMENTS RECEIVED Both before and after the presentation/Q&A, the City invited the public to provide input through one-on-one discussions with City staff. Those comments were captured on Post-it notes and put up for all to see during the open house. The following is a summary of the comments. In many cases several members of the public provided the same comment, this is noted by the number shown next to the comment. Alternative Preference • Like the overpass. (13) • No at-grade - good to keep new road separated from railroad. (3) • Love the idea of a realigned Lemay. • Make it happen!!! (3) - why has it taken over 3 decades to implement? • Need diagrams of the overpass to imagine what it would look like from the ground. Design and Aesthetics of Alternatives • Need noise and visual barriers at the San Christo neighborhood. • Not concerned with sound with bridge. • Need curbs. • Fix drainage issues, especially with Vine St. – challenging during winter. • Must have easy connectivity with old Lemay & Vine. • Concern: farm impacts - north of Vine (3); how will farm irrigation work if bifurcated? Vine/Lemay/BNSF Project Public Meeting: February 10, 2016 2 Bicycle and Pedestrian Problems • Difficult to bike here. (2) • Difficult for bicycles to left turns onto Vine (from Lemay). • Hazardous due to a lack of curbs allowing for cars to pass on right. Suggestions • Leave access on old Lemay for bicycle/pedestrians crossing. (2) • Create separation between bicycles and cars. • Need bike lanes on Lemay. Mobility – Local and Regional Problems • Difficult to turn left - always hard and dangerous without turn lanes (5); this is a bigger problem than train delays. • Train delays. (4) • People passing on the right while no left turn queuing. • More traffic from the north. • Cut through traffic in neighborhoods trying to avoid Vine/Lemay. (2) • Crosswalk sign stays on too long and traffic backs up to tracks. • Difficult to get out of neighborhoods. Concerns • Mobility challenges if Lemay is closed/cul-de-sac. • Mobility challenges if Lemay goes from 2 to 4 lanes, back to 2 lanes. • Lemay being 4 lanes by the school. Suggestions • Provide left turn lanes on new Lemay. • Keep old Lemay open. • Explore with PUC (sic) keeping “old” Lemay open across railroad for left turn. • Keep a lane section past tie-in for school safety. • Restore Lindenmeier road name for the stretch from Vine to Country Club if Lemay northbound stops at the tracks. Other Comments on the Project • Need a broader scope with study area. • Keep old Lemay operational until all funds available. • Restrict further occupancy permits north &east of project until project constructed. (2) • Concern: Funding? Taxes? SID? Grants? (5) – build in phases. • Concern: Developers not paying enough via impact fees. • How much has the Hispanic community provided comments/concerns? • Need to have commitment to Dark Sky as is prevalent in North Fort Collins Vine/Lemay/BNSF Project Public Meeting: February 10, 2016 3 Other Projects and Other Neighborhood Improvements Suggestions • Add left turns at existing Vine/Lemay, north/southbound. • Provide left turn signal at Vine/Lemay. • Provide turn lanes north/south on Lemay. • Install a signal at Willox & Lemay. (3) • Provide bike/pedestrians connections on existing Vine/Lemay. • Add a bike path to downtown from Tavelli school. (3) • Install roundabout at Lemay/Suniga. (3) • Provide roundabouts on Lemay, north of Suniga - Lemay/Willox & Lemay/Buckingham. (3) • Connect College to Shields. • Extend Turnberry to Vine or Suniga – to help relieve N/S traffic, especially with new developments. (14) • Address issues at Vine/Timberline. • Address issues at Lemay/Riverside - currently degraded. (2) Comments on Suniga • No need for Suniga. • Need traffic calming on Suniga. • Need a buffer between Alta Vista & Suniga • Avoid use of Suniga as a truck route (3) • Develop a truck route plan – will Suniga have a truck detour, will Country Club road be a truck route? (2) • Provide a roundabout at Suniga & Lemay to prohibit trucks. (2) COMMENT CARD COMMENTS - SUMMARY Throughout the meeting the public were invited to provide comments on comment cards. Below is a summary of those comments (and not intended to be direct transcription): • Do the project already • Overpass alternative is ok/good • Alleviate traffic pressure by extending Timberline and/or Turnberry • Concerned with safety related to North Lemay being 4 lanes • Need better bicycle/pedestrian mobility • Suggestions: o Add roundabouts on Lemay (to increase mobility and slow traffic) o Keep Vine open o Keep Lemay open PROJECT NEXT STEPS Over the next few months, several additional meetings will be scheduled with the Alta Vista and Andersonville neighborhoods to gather additional input. The next community-wide public meeting is anticipated in late Spring. Vine/Lemay/BNSF Project Public Meeting: February 10, 2016 4 APPENDIX A: Presentation Given at the Public Meeting Vine/Lemay/BNSF Project Vine/Lemay/BNSF Project Public Meeting #1 February 10th , 2016 Vine/Lemay/BNSF Project Agenda - Tonight • Presentation – History and Where We Are Now • Clarifying Questions • Provide your comments: – Stations: Mobility; Design & Aesthetics; Neighborhood Improvement (including ongoing projects) – Complete a Comment Card (tonight) Vine/Lemay/BNSF Project Welcome Vine/Lemay/BNSF Project Focus of this Presentation • History/Context • Funding • Existing Problems • Alternatives under consideration Vine/Lemay/BNSF Project Project Overview Focus Area Vine/Lemay/BNSF Project Project History/Timeline 2010 Mountain Vista Subarea Plan 2014 City finalizes the East Vine/Lemay Intersection Realignment Project Development Report 2015 City appropriates funding to retain consultant & advance design 2009 Suniga Drive Design Plans Completed 1997 City Plan Comprehensive Plan 2005 Northside Neighborhoods Plan 2011 City Planning Efforts: • Capital Improvement Plan • Master Street Plan • City Plan • Plan Fort Collins • Pedestrian Plan Vine/Lemay/BNSF Project Project Funding • Current City Funds for project: $1.25 Million – Funds planning and design • Expected Funds: • $5-$6 Million in development contributions (fees) • BNSF railroad contribution • Construction not currently funded Vine/Lemay/BNSF Project Project Goals • Relieve congestion • Improve safety and access • Enhance neighborhood livability • Plan for smart growth Suniga E. Vine Dr. N. Lemay Ave. BNSF Vine/Lemay/BNSF Project Safety Vehicular: • Existing at-grade safety is a concern • 13 crashes per year at Lemay/Vine Bicycle and Pedestrian: • Lack of bicycle facilities • Lack of sidewalks • Railroad tracks pose a barrier Vine/Lemay/BNSF Project Roadway Capacity • Capacity is constrained by train crossings 10 86 0 50 100 2007 2014 Number of Signal Preemptions Number of Delays (Greater than 15 Minutes) Vine/Lemay/BNSF Project Local Connectivity and Access • Congestion at the intersection limits access to Alta Vista and Andersonville neighborhoods Degraded Facilities • Roadway facilities are in a poor state of repair Vine/Lemay/BNSF Project Alternative Scenarios Vine/Lemay/BNSF Project Why not widen existing Lemay? • Extensive right-of-way acquisition would be needed (property impacts to existing neighborhoods) • Still have conflict between the railroad, Vine and Lemay • Would not help congestion • Would not improve safety E. Vine Dr. N. Lemay Ave. BNSF Vine/Lemay/BNSF Project Realigned Vine and Lemay • Reroutes Lemay east (upgraded to 4-lane road) • Existing railroad crossing at Vine/Lemay closed • New 4-lane Suniga • New signalized intersection at Suniga and Realigned Lemay • New bike lanes and sidewalks Suniga E. Vine Dr. N. Lemay Ave. BNSF Proposed Signalized Intersection Existing RR Crossing Closed Proposed RR Crossing Vine/Lemay/BNSF Project Vine/Lemay/BNSF Project • Does not meet future roadway capacity needs • May not be deemed acceptable by regulatory agencies or the railroad • Significant groundwater challenges & flooding risks • Difficult to construct under BNSF • Extensive costs Challenges Challenges Vine/Lemay/BNSF Project Screening Summary At-Grade Bridge Underpass Capacity and Connectivity Poor Would not alleviate train delays Good Good Constructability and Construction Risks Poor Difficult to keep BNSF operational during construction Good Poor Significant groundwater challenges; difficult to construct under BNSF Permitting and Approval Risks Poor Railroad approvals for a new crossing unlikely Good Fair Less preferable (for railroads) than bridge Total Project Cost $$ $$ $$$$ Noise Fair Fair Good Visual Quality/Aesthetics Good Fair Elevated roadway Good Water Resources, Flooding, Drainage Good Good Poor High groundwater table Summary Severe Challenges Least Challenges Severe Challenges Vine/Lemay/BNSF Project Next Steps/Schedule • Distribute meeting summary • Continue further analysis • One-on-one and neighborhood meetings • Public Meetings (Spring & Summer 2016) • Council consideration (end of 2016) Vine/Lemay/BNSF Project We Want your Input Provide Comments: • Complete a Comment Card (tonight) • Contact the project team For more information: • Sign up for the project mailing list • Visit http://www.fcgov.com/engineering/vine-lemay.php • Contact Tim Kemp, City of Fort Collins Project Manager Phone: 970-416-2719 tkemp@fcgov.com Vine/Lemay/BNSF Project Questions Vine/Lemay/BNSF Project Tonight • Stations Around the Room: – Neighborhood and Regional Mobility – Design and Aesthetics of Alternatives – Other Neighborhood Improvements including ongoing projects -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 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 if construction of the project is funded. 3. Diversified and Innovative Economy Several small and/or start-up businesses may be located in the vicinity of this 7 4. Pollution Prevention • Does this proposal generate, or cause to be generated, Construction will occur in the winter months when groundwater levels have receded to reduce dewatering and discharge efforts required. 5 project. The NECCO project is a Joint effort with Vine/Suniga. Social Equity Summary 3