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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/06/2015 - SECOND READING OF ORDINANCE NO. 181, 2014, AUTHORIAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist Tracy Dyer, Engineering Project Manager SUBJECT Second Reading of Ordinance No. 181, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Drake and Shields Intersection Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 16, 2014, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Drake Road and Shields Street intersection. The Drake Road and Shields Street Intersection Improvements Project will construct right turn lanes on northbound and southbound Shields Street, bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is planned to begin construction in the summer of 2015. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and temporary easements from three property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with all 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 to comply with federal acquisition requirements. Eminent domain action will be used 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, December 16, 2014 (w/o attachments) (PDF) 2. Ordinance No. 181, 2014 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Tracy Dyer, Chief Construction Inspector SUBJECT First Reading of Ordinance No. 181, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Drake and Shields Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Drake Road and Shields Street intersection. The Drake Road and Shields Street Intersection Improvements Project will construct right turn lanes on northbound and southbound Shields Street, bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is planned to begin construction in the summer of 2015. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and temporary easements from three property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with all 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 to comply with federal acquisition requirements. Eminent domain action will be used only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study which ranked the Drake Road and Shields Street intersection in the top ten locations in need of enhancements. Existing problems which brought this intersection to the top of the list include: higher than average vehicle accident rates, and elevated levels of vehicle delay (congestion). The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. The goals for this project are to:  Improve safety for vehicles, bicycles, and pedestrians  Install right turn lanes north and south bound  Reduce movements in a full movement intersection  Improve air quality through reduced vehicle wait time This project will require the acquisition of property interests from three properties. The necessary property interests include right-of-way and temporary easements. Since the project is partially funded with federal funds, all aspects of the project, including property acquisitions must comply with procedures identified for ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 federally funded projects. The acquisition phase of the project will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as Amended (Public Law 91-646). In accordance with these regulations, the City must inform property owners about the possible use of eminent domain and their rights pursuant to Colorado Statute in the official Notice of Intent Letter. Prior to appraisals, this letter is the official first step in the acquisition phase. Authorization for the use of eminent domain from City Council is needed prior to sending this information to property owners. Staff has corresponded with all property owners to provide the purpose and goals of the project and inform them of any impacts to their properties. Staff also notified property owners that they would be presenting an ordinance to City Council requesting approval to use eminent domain to acquire necessary property interests if needed. Staff has received no objections to the proposed request. Staff is optimistic that all property negotiations can be completed in good faith. Given the recommended construction schedule for the project and the fact that the City must conduct acquisitions under procedures for federally funded projects, timely acquisition of the property interests is necessary. Staff is requesting authorization of eminent domain, only if such action is deemed necessary, for all property acquisitions for the project. 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. FINANCIAL / ECONOMIC IMPACTS Council previously approved the following Resolution and Ordinances in 2013:  Ordinance No. 165, 2013 (Appropriation Ordinance)  Resolution 2013-092 (IGA with CDOT for Grant Funds) The estimated cost for the project is approximately one million dollars. This includes design, right of way/easement acquisition and construction. The funding for this project is provided through a Federal Hazard Elimination grant that requires a local match portion. This grant has been awarded by the Colorado Department of Transportation to the City of Fort Collins with the issuance of the notice to proceed in January 2014. ENVIRONMENTAL IMPACTS A benefit of this project will be the reduction in wait time and associated reductions in vehicle emissions. Pedestrian facilities will be improved to be compliant with current standards. PUBLIC OUTREACH Outreach has occurred with the adjacent property owners through conceptual review of the project and associated impacts the properties that are included in this agenda item summary. Additional outreach has been handled through City websites and internal communication and review with staff members from a variety of departments with familiar experience of similar projects. ATTACHMENTS 1. Project Location Map (PDF) 2. Project Detail (PDF) - 1 - ORDINANCE NO. 181, 2014 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 DRAKE AND SHIELDS INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Drake and Shields Intersection Improvements Project (the “Project”) in 2015; and WHEREAS, the Project involves the construction of road improvements, bicycle and pedestrian improvements, and other necessary improvements; and WHEREAS, the Project will relieve congestion, improve air quality through reduced vehicle-wait times, and improve the safety, operations, and aesthetics at the intersection; and WHEREAS, to construct the Project, it is necessary for the City to acquire certain property rights as described on Exhibits “A” through “F”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Project, is in the City’s best interests, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that is necessary and in the public interest to acquire the Property Rights described herein for the purpose of completing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 3. The City Council finds that, in the event acquisition of the Property Rights or any of them by eminent domain is commenced, immediate possession is necessary for the public health, safety and welfare. - 2 - Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F"