HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/03/2019 - SECOND READING OF ORDINANCE NO. 105, 2019, AUTHORIAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY September 3, 2019
City Council
STAFF
Dan Woodward, Civil Engineer I
Kerri Allison, Real Estate Specialist II
Timothy Kemp, Civil Engineer III
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 105, 2019, Authorizing the Acquisition by Eminent Domain Proceedings of
Certain Lands Necessary to Construct Public Improvements in Connection with the Realigned Lemay Avenue
Bridge over Vine Drive and Burlington Northern Santa Fe Railroad Tracks.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on August 20, 2019, seeks authorization from City
Council to use eminent domain, if necessary, to acquire property interests along Realigned Lemay Avenue.
The acquisitions will include purchase of rights-of-way and permanent easements from three property owners.
To meet project construction timelines, timely acquisition of the property interests is necessary. Staff fully
intends to negotiate in good faith with the affected owners and is requesting authorization to use eminent
domain only if project staff and the City Attorney’s office believe such action is necessary after reasonable
efforts to negotiate an acquisition.
This action would ensure the City can secure all the right-of-way required to build the entire project and
complete the right-of-way acquisition phase of the project. There may still be a need for acquisition of future
temporary construction easements, but no additional permanent right-of-way acquisition.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, August 20, 2019 (w/o attachments) (PDF)
2. Ordinance No. 105, 2019 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY August 20, 2019
City Council
STAFF
Dan Woodward, Civil Engineer I
Kerri Allison, Real Estate Specialist II
Timothy Kemp, Civil Engineer III
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 105, 2019, Authorizing the Acquisition by Eminent Domain Proceedings of
Certain Lands Necessary to Construct Public Improvements in Connection with the Realigned Lemay Avenue
Bridge over Vine Drive and Burlington Northern Santa Fe Railroad Tracks.
EXECUTIVE SUMMARY
The purpose of this item is to seek authorization from City Council to use eminent domain, if necessary, to
acquire property interests along Realigned Lemay Avenue. The acquisitions will include purchase of rights-of-
way and permanent easements from three property owners. To meet project construction timelines, timely
acquisition of the property interests is necessary. Staff fully intends to negotiate in good faith with the affected
owners and is requesting authorization to use eminent domain only if project staff and the City Attorney’s office
believe such action is necessary after reasonable efforts to negotiate an acquisition.
This action would ensure the City can secure all the right-of-way required to build the entire project and complete
the right-of-way acquisition phase of the project. There may still be a need for acquisition of future temporary
construction easements, but no additional permanent right-of-way acquisition.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In June 2019 City Council adopted Ordinance No. 074, 2019, authorizing the use of Transportation Capital
Expansions Fees (TCEF) to continue design and move forward with construction of portions of the Realigned
Lemay Avenue Bridge over Vine Drive and Burlington Northern Santa Fe (BNSF) railroad tracks. The
appropriation of $9.1M is currently being used to continue design, secure a construction contractor as well as
secure the additional property interests required to construct the project. There are three parcels south of the
BNSF tracks that the City needs to acquire property from. City staff has met with the property owners on multiple
occasions over the past few years and discussed the impacts of the project to their property.
The City intends to begin construction of embankment (dirt), rock walls, utilities, bridge foundations and other
preliminary construction items starting in spring of 2020 along the new Lemay alignment, just to the east of
existing Lemay Avenue from Lincoln Avenue north to Conifer Street. All the property on the north side of Vine
Drive has been acquired to date, through a previous acquisition process that began in April 2016 following City
Council authorization. Since construction will occur on both the north side as well as the south side of Vine Drive
and the BNSF tracks, the City must secure the ultimate right-of-way (ROW) along with permanent and temporary
easements required to construct these improvements.
ATTACHMENT 1
COPY
Agenda Item 12
Item # 12 Page 2
Realigned Lemay Avenue has been on the City’s Master Street Plan since the 1980s. This project, along with
the grade separation at the BNSF Railway, has been included in numerous planning efforts over the past few
decades.
Train switching operations continue to increase in the Vine and Lemay area. The total time that the intersection
is blocked to the travelling public has increased 50% from June 2016 to February 2019 (22 hours of blockage
per month vs. 33 hours of blockage per month).
The construction of this project will alleviate existing deficiencies and provide a “key” infrastructure asset for
northeast Fort Collins. More specifically, this project will:
Improve quality of life, access, and neighborhood livability for Andersonville, Buckingham, and Alta Vista
Reduce accidents and congestion, and improve emergency services coverage by separating travel modes
from BNSF Railway switching operations
Improve air quality by reducing the emissions from idling vehicles, whereby aligning with the goals of the
Climate Action Plan
Provide multi-modal connectivity to the new Beet Street Park at the southwest corner of Vine and Lemay
Reduce traffic volumes on Ninth Street (Lindenmeier Road)
Over the past few years, staff has given many formal presentations and provided project information at City
sponsored events; designed to encourage public participation and collect feedback. Staff is actively addressing
community questions and working with nearby residents, business owners, landowners, and proposed
development projects.
This action would complete all the required ROW purchases for the entire project. City staff is still working with
local property owners and businesses to determine temporary construction impacts, and there may be a need
to secure temporary easements in the future, but not any additional permanent ROW. Securing the ultimate
ROW for the project will allow the project to expend all the Phase II funding appropriated through the May 2019
Council Action. This area is needed in order to construct the roadway to the ultimate width in its new alignment
both north and south of the BNSF tracks.
How and When City Staff uses Eminent Domain
When City staff are planning a project, they consider whether they will need any land for it. If so, they also
consider whether they will have to have the land even if they can’t come to an agreement with the property owner
to buy it. If that is the case, staff will ask the City Council to adopt an ordinance giving authority to use eminent
domain (condemnation) if necessary. Once an ordinance is adopted and the project plans are finalized, the City
sends the property owner a Notice of Intent to Acquire letter by certified mail. The letter explains what the City
needs for the project. Then the City and sometimes, the property owner get appraisal of the property to
determine its fair market value. The City then makes the owner an offer for the property needed based on the
fair market value. The City and the property owner negotiate to reach an agreement to buy the needed property
interests. If an agreement cannot be reached, the City may file an eminent domain case in court, if necessary.
The court then decides what the City must pay for the property it needs. In most cases the City and the property
owner reach agreement before case gets to that point.
Staff recommends that City Council authorize the use of eminent domain for this project to provide a fair and
equitable process that will allow the City to meet project design and construction deadlines while still ensuring
all property owners are fairly compensated for the property rights acquired by the City. Condemnation will only
be used as necessary if the City is unable to reach an agreement with a property owner through good-faith
negotiations.
Obtaining eminent domain authority early in the project will:
Allow staff to develop the project timeline with more certainty.
Help keep a planned property acquisition schedule, reducing the risk and cost of unexpected future delays
COPY
Agenda Item 12
Item # 12 Page 3
that could occur if staff need to seek eminent domain authority for specific properties throughout the project.
Ensure consistent messaging to affected property owners.
CITY FINANCIAL IMPACTS
This Council Action will not authorize any new funding for the project but will only authorize acquisition of the
identified parcels. The following is a summary of the current appropriated funds for the project as well as future
funding needs:
Prior Appropriated Funds
2015 / 2016 BFO Process (Keep Fort Collins Great) $1,050,000
2017 / 2018 BFO Process (General Fund Reserves) $1,000,000
Transportation Capital Expansion Fee Funds $10,744,723
Total Current Project Budget $12,794,723
The overall project cost, including design, property acquisition, and construction, is estimated at $25.3M, leaving
an overall shortage of $12.5M. These estimates are based on 2021 dollars and construction costs.
BOARD / COMMISSION RECOMMENDATION
Staff has presented to various boards and commissions over the course of the project, including presentations
to the Transportation Board, the Futures Committee, the Council Finance Committee, and at Council work
sessions and regular Council meetings.
PUBLIC OUTREACH
Staff has given many formal presentations and provided project information at City sponsored events. Staff
designed the outreach to encourage public participation and collect feedback. Staff is actively addressing
community questions and working with nearby residents, business owners, landowners, and proposed
development projects.
Summary of Public Engagement to Date:
February 2016 - Public Open House (Streets Facility) 122 people signed in for the event
August 2016 - Lincoln Neighborhood Ice Cream Social
November 2016 - Presentation to Alta Vista residents
September 2017 - Open House event for Alta Vista, Andersonville, and Buckingham residents at the
Legacy Church (Ninth Street and San Cristo Street)
December 2017 and March 2018 - Fort Collins Area Chamber of Commerce
February 2018 - Fort Collins Sertoma Club
March 2018 and February 2019 - North Fort Collins Business Association
Staff will continue public outreach and engagement efforts with stakeholders throughout the duration of the
project and is planning another neighborhood meeting this fall.
In addition, staff maintains an active project website available at: <http://www.fcgov.com/engineering/vine-
lemay.php>
ATTACHMENTS
1. Location map (PDF)
COPY
-1-
ORDINANCE NO. 105, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS
IN CONNECTION WITH THE REALIGNED LEMAY AVENUE BRIDGE OVER VINE
DRIVE AND BURLINGTON NORTHERN SANTA FE RAILROAD TRACKS
WHEREAS, in June 2019, City Council approved Ordinance No. 074, 2019 authorizing
the use of $9.1 million in Transportation Capital Expansion Fee (“TCEF”) funds to continue design
and move forward with construction of portions of the Realigned Lemay Avenue Bridge over Vine
Drive and Burlington Northern Santa Fe (“BNSF”) railroad tracks (the “Project”); and
WHEREAS, that $9.1 million is currently being used to continue design, secure a
construction contractor, and secure the additional property interests to construct the Project; and
WHEREAS, there are three parcels south of the BNSF tracks that the City needs to acquire
property from to complete the Project and City staff has met with the property owners on multiple
occasions over the past few years to discuss the impacts of the Project to their property; and
WHEREAS, the City intends to begin Project construction of embankment, rock walls,
utilities, bridge foundations and other preliminary items in spring of 2020, which construction will
impact these three parcels; and
WHEREAS, to construct this portion of the Project, the City will need to acquire certain
property rights from these three parcels, as described on Exhibits “A” through “E”, 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 because it will allow for the construction of needed public infrastructure within the City;
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.
-2-
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 20th day of
August, A.D. 2019, and to be presented for final passage on the 3rd day of September, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of September, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
EXHIBIT A
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT C
EXHIBIT C
EXHIBIT C
EXHIBIT D
EXHIBIT D
EXHIBIT E
EXHIBIT E
EXHIBIT E