HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2018 - FIRST READING OF ORDINANCE NO. 005, 2018, AUTHORIZAgenda 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
Agenda Item 10
Item # 10 Page 2
considerations while still achieving the goals of the project. At our 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 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)
O'Reilly's Auto
Parts
Chippers Bowling
Lanes
Advanced Auto
Parts
Fort 4X4 Collins Center
Human Bean
Auto Zone
N
COLLEGE AVE
JEROME ST
BLONDEL ST
CAJETAN ST
PASCAL ST
BLUE SPRUCE DR
OSIANDER ST
PINON ST
ALPINE ST
HEMLOCK ST
WOODLAWN DR
±
Suniga Road Improvement Project Location Map
Road Improvements Location
ATTACHMENT 1
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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.
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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
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Exhibit "B" Page 1 of 2
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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