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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2017 - ITEMS RELATING TO THE HORSETOOTH ROAD AND COLLEGEAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Dan Woodward, Civil Engineer I Dean Klingner, Engineer & Capital Project Manager Kerri Allison, Real Estate Specialist II Chris Van Hall, Legal SUBJECT Items Relating to the Horsetooth Road and College Avenue Intersection Improvement Project. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 161, 2017, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the “Horsetooth and College Intersection Project”, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 162, 2017, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and College Avenue Intersection Improvements Project. These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate $1,100,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Horsetooth Road and College Avenue. Council previously appropriated the majority of the project funding through previous Council actions, including the 2017-2018 budget process, which identified additional funding was going to be needed with a future appropriation in 2019. The project was previously scheduled to be completed in 2019, but the project schedule has been accelerated to be complete in 2018. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 161, 2017 (PDF) 3. Ordinance No. 162, 2017 (PDF) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Dan Woodward, Civil Engineer I Dean Klingner, Engineer & Capital Project Manager Kerri Allison, Real Estate Specialist II Chris Van Hall, Legal SUBJECT Items Relating to the Horsetooth Road and College Avenue Intersection Improvement Project EXECUTIVE SUMMARY A. First Reading of Ordinance No. 161, 2017, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the “Horsetooth and College Intersection Project”, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. First Reading of Ordinance No. 162, 2017, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and College Avenue Intersection Improvements Project. The purpose of this item is to appropriate $1,100,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Horsetooth Road and College Avenue. Council previously appropriated the majority of the project funding through previous Council actions including the 2017-2018 budget process, which identified additional funding was going to be needed with a future appropriation in 2019. The project was previously scheduled to be completed in 2019, but the project schedule has been accelerated to be complete in 2018. In order to accommodate the schedule acceleration, this appropriation would complete the total project funding need of $7,250,000 in 2018, allowing the construction to be complete by the end of 2018. The project will construct road and intersection improvements, multimodal enhancements, utility improvements, and signal improvements. These improvements will be done in conjunction with the Midtown in Motion Plan. 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. Since the Project is partially funded by Colorado Department of Transportation (CDOT), these acquisitions must follow federal guidelines, which require City staff obtain authorization to use eminent domain procedures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. ATTACHMENT 1 Agenda Item 15 Item # 15 Page 2 BACKGROUND / DISCUSSION The City Engineering Department completed an Arterial Intersection Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and operational improvements. Existing problems identified at this intersection include a high number of left turn crashes for northbound and southbound traffic and heavy congestion during peak traffic periods. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all types of users. According to the Arterial Intersection Prioritization Study, benefits will include delay reduction of 18.1 vehicle hours of travel per day and an estimated accident reduction of 25% (9.3 fewer accidents per year). The adopted Midtown in Motion Plan identifies conceptual traffic and multi-modal improvements at this intersection. City staff will seek opportunities to incorporate identified improvements while balancing contextual sensitivity and budget constraints. A Project Location Map is included as Attachment 1. The project will install additional northbound, southbound and eastbound left turn lanes, free right turns with pedestrian pork chop islands where feasible, widened sidewalks and landscaped medians and parkways. The Horsetooth Road bridge just to the west of College Avenue will also be replaced, and the bridge along College Avenue just south of Horsetooth Road will be widened to the west to accommodate pedestrians and bicycles. Project Goals  Improve safety for vehicle, bicycle, pedestrian and other multi-modal travel  Reduce congestion for vehicle travel  Upgrade the intersection to current Americans with Disabilities Act (ADA) standards 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 design and the potential impacts to their property. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the improvements goals of the project. 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, to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. Since the Project is located on a Colorado Department of Transportation facility (State Highway 287) and the Project is partially funded by CDOT, all aspects of the Project, including property acquisitions, must comply with procedures for federally funded projects. The acquisitions for this Project 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 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. The authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase and happens prior to the appraisals. 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 Approximately half of the project funds come from two federal grants, the Surface Transportation Program (STP) Metro Grant as well as the Highway Safety Improvement Program (HSIP) Grant for safety improvements. The City will be bringing local funds approved through the 2017-2018 Budgeting For Outcomes (BFO) Process, Community Capital Improvement Program (CCIP), local bridge funds and Transportation Capital Expansion Fee (TCEF) funds as a grant match and overmatch in order to construct the proposed improvements. Agenda Item 15 Item # 15 Page 3 Funding Summary Funding Source Funding Amount Appropriation Status STP-Metro Grant $2,400,000 Appropriated HSIP Grant $1,000,000 Appropriated 2017-2018 City Budget (BFO) Process $1,000,000 Appropriated City Bridge Funds $1,350,000 Appropriated CCIP - Overmatch Funds $400,000 Appropriated Transportation Capital Expansion Fee $1,100,000 Pending this Council Action*** Total: $7,250,000 ***This Council action would appropriate the Transportation Capital Expansion Fee amount of $1,100,000. BOARD / COMMISSION RECOMMENDATION At its October 23, 2017 meeting, staff presented to the Bicycle Advisory Committee for information and informal feedback Staff plan to present to Transportation Board in the spring of 2018. PUBLIC OUTREACH Numerous public meetings were held as part of the Midtown in Motion Plan development. Individual property owner meetings have been held and staff has been in contact with affected businesses. The Project was displayed at the fall 2017 Bike Project Fair on October 26, 2017. Staff will present to the South Fort Collins Business Association and hold a public meeting over the next 3-6 months. ATTACHMENTS 1. Project Location Map (PDF) 2. Overall Conceptual Design (PDF) 3. Overall Right-of-Way (PDF) -1- ORDINANCE NO. 161, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL EXPANSION FEE FUND INTO THE CAPITAL PROJECT FUND FOR THE “HORSETOOTH AND COLLEGE INTERSECTION PROJECT”, AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City Engineering Department completed an Arterial Intersection Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and operational improvements; and WHEREAS, on April 18, 2017, City Council adopted Ordinance No. 040, 2017, appropriating $3,368,000 for the Horsetooth Road and College Avenue Intersection Improvements Project (the “Project”) the grant funding for the Project; and WHEREAS, on September 19, 2017, City Council adopted Ordinance No. 093, 2017, appropriating $32,000 of Surface Transportation Program Metro (“STP”) grant funds for the Horsetooth Road and College Avenue Intersection Improvements Project (the “Project”) for the Project; and WHEREAS, the purpose of this Ordinance is to appropriate $1,100,000 from Transportation Capital Expansion Fee Fund reserves for the acquisition of certain property interests adjacent to the project area; and WHEREAS, total appropriated funds for this Project will be $7,250,000 following this Council item; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Transportation Capital Expansion Fee Fund; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and -2- WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program. 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 there is hereby appropriated for expenditure from reserves in the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000) for the Project and appropriated therein. Section 3. That the unexpended appropriated amount of EIGHT THOUSAND FIVE HUNDRED EIGHTY DOLLARS ($8,580) in the Capital Projects Fund - Lemay and Vine Intersection Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 4. That the unexpended appropriated amount of TWO THOUSAND FOUR HUNDRED TWENTY DOLLARS ($2,420) in the Capital Projects Fund - Lemay and Vine Intersection Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 162, 2017 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 HORSETOOTH ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City Engineering Department completed an Arterial Intersection Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and operational improvements (the “Project”); and WHEREAS, existing problems identified at this intersection include a high number of left turn crashes for northbound and southbound traffic and heavy congestion during peak traffic periods; and WHEREAS, the Project will include multi-model improvements at the intersection of Horsetooth Road and College Avenue and City staff will seek opportunities to incorporate identified improvements while balancing contextual sensitivities and budget constraints; and WHEREAS, the Project will construct congestion and safety improvements where feasible that may include additional turn lanes, widened sidewalks, medians, signal improvements and bridge reconstruction; and WHEREAS, current plans for the Project, which plans are subject to modification at the discretion of the City Engineering Department, include replacing the Horsetooth Road bridge crossing the Larimer Canal No. 2, just to the west of College Avenue and widening the bridge along College Avenue just south of Horsetooth Road to accommodate pedestrians and bicycles; and WHEREAS, to construct the Project, the City will need 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 and prompt possession of the Property for use for the Project, 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: -2- 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 and 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 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit "A" Page 1 of 1 Exhibit "B" Page 1 of 2 Exhibit "B" Page 2 of 2 Exhibit "C" Page 1 of 1 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 1 Exhibit "H" Page 1 of 2 Exhibit "H" Page 2 of 2 Exhibit "I" Page 1 of 3 Exhibit "I" Page 2 of 3 Exhibit "I" Page 3 of 3