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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/06/2015 - SECOND READING OF ORDINANCE NO. 182, 2014, AUTHORIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Patrick Rowe, Real Estate Specialist SUBJECT Second Reading of Ordinance No. 182, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 16, 2014, authorizes the use of eminent domain, if necessary, to acquire property interests which are necessary to provide intersection improvements at McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 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. 182, 2014 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist Erika Keeton, Special Project Engineer SUBJECT First Reading of Ordinance No. 182, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY The purpose of this item is to provide City Council authorization to utilize eminent domain, if necessary, to acquire property interests which are necessary to provide intersection improvements at McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION MAX, the five mile north-south byway extending from the Downtown Transit Center on the north to the newly developed South Transit Center south of Harmony Road, began operations in May of 2014. In advance of MAX opening, but supported by actual use, MAX Project staff identified the intersection of McClelland Drive and Drake Road as benefiting from a dedicated through lane for MAX buses. The primary benefits of a through lane are to prevent the motoring public from inadvertently entering the exclusive MAX guideway and to increase the efficiency of the intersection for both the motoring public and the MAX system. The proposed MAX only through lane would be provided by adding a right turn lane on northbound McClelland at the Drake Road intersection, which allows the existing right turn lane to be re-configured as the MAX through lane. A dedicated MAX through lane allows for clearer markings and signage on the through lane which greatly reduces the likelihood that a motorist will inadvertently enter the MAX exclusive guideway which extends north from the intersection of McClelland Drive and Drake Road. Additionally, the dedicated lane provides for the separation of MAX buses and allows right turning motorist to move through the intersection without waiting for the MAX buses. To facilitate the MAX only through lane the City will need to acquire a 6,091 square foot fee acquisition, as well as a utility easement and temporary construction easement. To ensure the integrity of the project schedule, maintain certain project efficiencies, and to remain a viable Federal Transit Administration funded project, it is critical that the City have the ability to acquire the property interests in a timely manner, utilizing eminent domain if necessary. In addition, since this is a federally funded project, eminent domain must be authorized ATTACHMENT 1 Agenda Item 13 Item # 13 Page 2 before staff is able to send affected property owners the required Notice of Interest letter, which makes certain representations regarding the use of eminent domain. Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if necessary, and only if good faith negotiations are not successful. It’s important to note that City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project concludes. Several meetings have been conducted with the potentially affected property owner and the property owner has been contacted via certified mail in regards to the process and the City’s acquisition interests. FINANCIAL / ECONOMIC IMPACTS Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. PUBLIC OUTREACH Several meetings have been conducted with the potentially affected property owner and the property owner has been contacted via certified mail in regards to the process and the City’s acquisition interests. ATTACHMENTS 1. Location Map (PDF) - 1 - ORDINANCE NO. 182, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT WHEREAS, the City is planning to make improvements to the intersection of McClelland Drive and Drake Road (the “Project”) as part of the Mason Corridor Bus Rapid Transit System (MAX); and WHEREAS, the Project involves constructing a dedicated through lane for MAX buses and other necessary improvements, which will enhance the safety and efficiency of the intersection for both MAX buses and other vehicles using the intersection; and WHEREAS, to construct the Project, it is necessary for the City to acquire a utility easement, right-of-way, and a temporary construction easement, as described and shown on Exhibit “A”, 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 owner 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" Page 1 of 5 Exhibit "A" Page 2 of 5 Exhibit "A" Page 3 of 5 Exhibit "A" Page 4 of 5 Exhibit "A" Page 5 of 5