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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/21/2015 - SECOND READING OF ORDINANCE NO. 043, 2015, AUTHORIAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY April 21, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT Second Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road Intersection Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 17, 2015, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Prospect Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection Improvements will construct safety and congestion mitigation improvements at the intersection, and on Timberline Road from Prospect Road south to Blackbird Drive. The project is planned to begin construction in the spring of 2016 and be completed by the fall of 2016. 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 four 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, March 17, 2015 (w/o attachments) (PDF) 2. Location map (PDF) 3. Memo re: Eminent Domain proceedings, March 12, 2015 (PDF) 4. Ordinance No. 043, 2015 (PDF) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road 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 Prospect Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection Improvements will construct safety and congestion mitigation improvements at the intersection, and on Timberline Road from Prospect Road south to Blackbird Drive. The project is planned to begin construction in the spring of 2016 and be completed by the fall of 2016. 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 four 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 2011, the Engineering Department completed an Arterial Intersection Prioritization Study, which listed the Prospect Road and Timberline Road intersection as one of the top ranked locations for needed safety and operational improvements. Existing problems which brought this intersection to the top of the list included significant congestion during the peak hours, higher than average vehicle accident rates, and intersection delay. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. The Intersection Study identified the need for a "free" right turn lane from eastbound Prospect Road to southbound Timberline Road; along with an acceleration lane on Timberline Road to receive this turning movement. “Pork chop” islands will be added at right turn lanes to reduce pedestrian crossing lengths. Curb, gutter, parkways and sidewalks will be added to southbound Timberline, along with landscaped medians. Additionally, the Timberline Road and Great Western Railroad crossing will be rebuilt to accommodate the roadway expansion. The goals of this project are: ATTACHMENT 1 Agenda Item 6 Item # 6 Page 2  Improve safety and overall efficiency for vehicles, bicycles and pedestrians  Reduce the accident rate by modifying the configuration of the intersection  Improve air quality by reducing vehicle wait time (delay)  Construct landscaping improvements in medians and parkways 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 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. City staff received no objections to this proposed request. 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 through the Building on Basics (BOB) Intersection Funds from the voter approved quarter-cent sales tax. The project is defined as “Timberline Road - Drake Road to Prospect Road” from the 2005 ballot language. More specifically, the ballot language stated, “This project will expand Timberline Road to four (4) lane arterial standards including travel lanes, sidewalks, bike lanes, landscaped medians, and other necessary improvements. The project will include improvement to the Timberline / Prospect intersection and all its approaches to add additional turn lanes.” The total project budget is $3,500,000.00 ($3.5 M) which includes design, right-of-way and construction. One percent (1%) of the total project budget will be dedicated to the Art in Public Places program. Short and long term economic benefits of the reconstructed intersection will be realized by the following:  Easing of traffic congestion resulting in reduced fuel consumption and improved air quality  Decrease in accident and delay costs (as calculated per the Highway Safety Manual) PUBLIC OUTREACH The project team plans public outreach throughout the project, including public open houses, individual meetings with property owners, and project updates to be posted on the project’s website, <http://www.fcgov.com/engineering/prospect-timberline.php>. ATTACHMENTS 1. Prospect-Timberline Project Location Map (PDF) 2. Sustainability Assessment Summary (PDF) ATTACHMENT 2 ATTACHMENT 3 - 1 - ORDINANCE NO. 043, 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 PROSPECT ROAD AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Prospect Road and Timberline Road Intersection Improvements Project (the “Project”) in 2016; and WHEREAS, the Project involves constructing turn lanes, medians, curbs, gutters, sidewalks, and other necessary improvements; and WHEREAS, the Project will improve the safety, operations, and air quality of 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 “I”, 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 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 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 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. - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit "A" Page 1 of 2 Exhibit "A" Page 2 of 2 Exhibit "B" Page 1 of 2 Exhibit "B" Page 2 of 2 Exhibit "C" Page 1 of 2 Exhibit "C" Page 2 of 2 Exhibit "D" Page 1 of 2 Exhibit "D" Page 2 of 2 Exhibit "E" Page 1 of 2 Exhibit "E" Page 2 of 2 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