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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/16/2018 - SECOND READING OF ORDINANCE NO. 005, 2018, AUTHORIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Tracy Dyer, Engineering Project Manager Kerri Allison, Real Estate Specialist II Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected 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, January 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 005, 2018 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Kerri Allison, Real Estate Specialist II Tracy Dyer, Engineering Project Manager Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road 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 to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right- of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected 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 Ordinances on First Reading. BACKGROUND / DISCUSSION Suniga Road was first included in the Transportation Planning Master Street Plan in October 1999. At the time, the alignment was referred to as “New Vine Drive”. By City Council resolution in early 2015, New Vine Drive became officially known as Suniga Road. The first segment of Suniga Road between Redwood Drive and Blondel Street was completed in 2016. Development and growth near the Suniga Road alignment continues to move forward, putting increased volumes of traffic on the existing street network. Additionally, as the Lemay Avenue/Vine Drive overpass continues to be planned, this portion of Suniga Road will provide a key connection to the arterial roadway network. Staff has completed the preliminary design for Suniga Road between Blondel Street and College Avenue. The necessary property interests include right-of-way and 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 goals of the project. At our meetings, the property owners were notified ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 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 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 First Reading of this Ordinance. BOARD / COMMISSION RECOMMENDATION The Project was presented to the Bicycle Advisory Committee on November 27, 2017 for information and informal feedback PUBLIC OUTREACH Individual property owner meetings and contact with affected businesses. The Project was included as a part of fall 2017 Bike Project Fair on October 26, 2017. As design and construction details are finalized, the Project Team plans additional specific outreach with nearby neighbors and businesses. ATTACHMENTS 1. Location Map (PDF) -1- ORDINANCE NO. 005, 2018 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 SUNIGA ROAD IMPROVEMENTS PROJECT WHEREAS, the City Engineering Department plans to construct a new arterial roadway between College Avenue and Blondel Street with such improvements to include construction of a complete arterial street that may include four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements, which street project was historically referred to as “New Vine Drive” but will now be called “Suniga Road” (the “Suniga Road Project”); and WHEREAS, the Engineering Department is designing the improvements associated with the Suniga Road Project in accordance with the City’s Transportation Master Street Plan; and WHEREAS, to construct the Suniga Road 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 is desirable and necessary for the construction of the Suniga Road 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 Suniga Road 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. -2- 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 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ 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 4 Exhibit "D" Page 2 of 4 Exhibit "D" Page 3 of 4 Exhibit "D" Page 4 of 4 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