HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2017 - ITEMS RELATING TO THE HORSETOOTH ROAD AND COLLEGEAgenda 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.
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)
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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
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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:
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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
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Exhibit "E" Page 1 of 2
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Exhibit "F" Page 1 of 2
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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
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Intersection Improvements
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Project No. 8485
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