HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2016 - SECOND READING OF ORDINANCE NO. 165, 2015, AUTHORIAgenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Erika Keeton, Special Project Engineer
SUBJECT
Second Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Lincoln Corridor Improvements Project –
Phase I.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 15, 2015,authorizes the use of eminent
domain, if deemed necessary, to acquire property interests needed to construct improvements to Lincoln
Avenue between the Poudre River Bridge and Lemay Avenue. Lincoln Corridor Improvements Project - Phase
I will construct road and intersection improvements, multimodal enhancements, utility improvements, and
access control improvements in accordance with the Lincoln Corridor Plan. The project is planned to begin
construction in the summer of 2016 and be completed in 2017. To construct these improvements, the City will
need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way,
permanent easements, and temporary easements from eleven property owners. 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 all 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, December 15, 2015 (w/o attachments) (PDF)
2. Ordinance No. 165, 2015 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY December 15, 2015
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Erika Keeton, Special Project Engineer
SUBJECT
First Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Lincoln Corridor Improvements Project –
Phase I.
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 Lincoln Avenue between the
Poudre River Bridge and Lemay Avenue. Lincoln Corridor Improvements Project - Phase I will construct road
and intersection improvements, multimodal enhancements, utility improvements, and access control
improvements in accordance with the Lincoln Corridor Plan. The project is planned to begin construction in the
summer of 2016 and be completed in 2017. To construct these improvements, the City will need to acquire
certain property interests adjacent to the project area. The acquisitions include right-of-way, permanent
easements, and temporary easements from eleven property owners. 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 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
In 2014, the City developed the Lincoln Corridor Plan, which represented a 12-month planning effort to develop
the ultimate multi-modal roadway designed for Lincoln Avenue between Jefferson Street and Lemay Avenue
and to identify related neighborhood improvement projects. Key elements of the Plan within the scope of
Phase I of the corridor improvements include:
Two travel lanes
Buffered bike lanes
Wide sidewalks
Transit stops and shelters
Landscaped medians
Streetscape amenities such as gathering areas, lighting, and art in public places
Storm drainage enhancements
ATTACHMENT 1
Agenda Item 13
Item # 13 Page 2
The goals of the Lincoln Corridor Plan and this project are:
Improve multi-modal mobility
Improve safety
Create an active street environment
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 and the impacts to their property.
At the 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 the first reading of this Ordinance.
CITY FINANCIAL IMPACTS
The project is funded with local funds.
1st Street to Lemay Avenue - Reduced Plan $6.5M approved by Council on Second Reading, July 7, 2015
(General Fund, street oversizing, and developer’s local street obligation).
Poudre River Bridge (includes bridge replacement and street segment to 1st Street) - Reduced Plan $5.3M
funded in 2016 and 2017 budgets (BOB 2.0).
PUBLIC OUTREACH
Numerous public meetings were held as part of the Lincoln Corridor Plan development. More information on
the Plan can be found at: <http://www.fcgov.com/planning/lincoln.php>
ATTACHMENTS
1. Location Map (PDF)
2. Sustainability Assessment (PDF)
ORDINANCE NO. 165, 2015
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 LINCOLN CORRIDOR IMPROVEMENTS PROJECT – PHASE I
WHEREAS, the City is scheduled to begin construction on the Lincoln Corridor
Improvements Project - Phase I (the “Project”) in 2016; and
WHEREAS, the Project involves constructing bridge improvements, medians, curbs,
gutters, bike lanes, sidewalks, and other necessary improvements; and
WHEREAS, the Project will improve the safety, operations, and multi-modal mobility of
Lincoln Avenue between the Poudre River bridge and Lemay Avenue; and
WHEREAS, to construct the Project, it is necessary for the City to acquire certain
property rights as described on Exhibits “A” through “R”, 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 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.
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
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 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 15th day of
December, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Exhibit "A" Page 1 of 2
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Exhibit "D" Page 1 of 2
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Exhibit "I" Page 1 of 2
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Exhibit "L" Page 1 of 2
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Exhibit "M" Page 1 of 2
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Exhibit "N" Page 1 of 3
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Exhibit "O" Page 1 of 3
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Exhibit "P" Page 1 of 2
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Exhibit "Q" Page 1 of 2
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Exhibit "R" - Page 1 of 3
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