Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: May 7, 2026 Agenda Title Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8749 authorizing and approving acquisition of property interests for the Arapahoe Avenue Safety Improvements Project by negotiation and purchase or through the power of eminent domain; and setting forth related details

Staff Contact • • • • • •

Nuria Rivera-Vandermyde, City Manager Teresa Tate, City Attorney Blythe Bailey, Director of Transportation and Mobility Gerrit Slatter, Civil Engineering Senior Manager, Transportation and Mobility Brian Wiltshire, Civil Engineering Manager, Transportation and Mobility Daniel Sheeter, Transportation Principal Planner, Transportation and Mobility

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8749 authorizing and approving acquisition of property interests for the Arapahoe Avenue Safety Improvements Project by negotiation and purchase or through the power of eminent domain; and setting forth related details

Executive Summary Staff are advancing the next phase of the Arapahoe Avenue Safety Improvements Project (the “Project”), between 28th and 38th Streets. The Project will install continuous

multi-use paths and raised protected bike lanes for people walking, rolling, and biking separated from vehicle traffic; maintaining two general-purpose traffic lanes and the bus lane in each direction; and Bus Rapid Transit (BRT) stations and amenities for transit services connecting Boulder to I-25 and Brighton via CO 7/East Arapahoe. These transportation options will provide safer, more comfortable connections for all travelers, and encourage more trips by walking, biking and using transit on the corridor by making it easier to get people to and from the transit stops. Property and easements of varying sizes will need to be acquired to make these improvements because existing rights-ofway are not wide enough to accommodate the proposed improvements. To ensure the Project remains on schedule, staff is requesting authorization to acquire necessary property interests and easements through purchase or, if negotiations fail, eminent domain proceedings. While the city’s policy is to negotiate in good faith based on fair market appraisals, having eminent domain authority at the outset prevents project delays and ensures the city remains in compliance with federal grant requirements that federal funding must be expended by December 2030. The Project is $12.07 million, with the city providing a 20% local match ($2.41 million) already accounted for in the approved Capital Improvement Program. This request follows successful precedents set by the 30th & Colorado Protected Intersection Project and the 28th Street Multimodal Improvements Project between Canyon Boulevard and Iris Avenue. The authority was not needed for the 28th Street Improvement Project but was required for a petition filed in Boulder County District Court to acquire and value a segment of property required for the 30th & Colorado Project. In all but one instance, this authority supported overall project delivery and expedient and equitable negotiations with the remaining property owners who were compensated at fair market value. If the motion is approved on first reading, the matter will proceed to a second reading and public hearing on May 28, 2026.

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved this item will go to second reading and public hearing on May 28, 2026.

Define and adopt a modified motion

Council would need to define any modifications or amendments to the draft motion language. Dependent upon council’s modification or amendment, staff may need to bring an amended version of the proposed

ordinance back on second reading, thereby requiring a third reading. Deny the motion or take no action

If the motion is denied or council takes no action, this matter will cease to move forward, and the city may not be able to acquire all necessary easements in time to expend federal grant funding by the required deadline.

Refer back to staff

If council refers this item back to staff, staff will need specific direction from council on how to proceed so that this item continues to move forward.

Alignment with City Plans and City Council History Sustainability, Equity and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area •

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Safe: o Builds and maintains resilient infrastructure, landscapes and neighborhoods to mitigate existing and future hazards and risks. Accessible and Connected o Offers and encourages a variety of safe, comfortable, affordable, reliable, convenient, and clean mobility options. o Supports a balanced Transportation System that reflects effective land use, manages congestion, and facilitates strong regional multimodal connections. Responsibly Governed o Models stewardship, resilience, and sustainability of the city’s financial, human, information, and physical assets. Economically Vital o Invests in amenities, infrastructure, and services that contribute to an exceptional quality of life and attract employees and visitors.

Citywide Strategic Plan •

Strategy 1: Focus community safety efforts on reducing community harm at critical locations known for high incident rates or significant vulnerabilities. o Priority Action C: Prioritize transportation improvements that work to eliminate incidence of fatal and serious injury traffic crashes to achieve our community’s Vision Zero commitment.

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Strategy 7: Invest in and maintain a transportation system with an array of multimodal choices to reduce vehicle miles traveled and greenhouse gas emissions. o Priority Action A: Implement programs and services that enhance equitable mobility. Strategy 15. Streamline processes for housing, parking, infrastructure, land use, and events that tie directly to priority community outcomes. o Priority Action A: Identify and implement ways to reduce bureaucracy, improve efficiency, and facilitate quicker approvals for initiatives that align with and enhance the City’s priorities related to sustainability, safety, economic vitality, and community well-being.

Staff Notes The Project improvements will maintain the existing two general-purpose traffic lanes in each direction as well as the existing bus lanes in each direction, which accommodates business access and right-turning vehicles. The Project will install raised protected bike lanes and a multi-use path for people to walk and bike separated from vehicle traffic; amenity zones to enhance the streetscape and the public realm, and BRT stops to support the existing JUMP service and the forthcoming Boulder Flyer service between Boulder and Brighton, which will begin late summer/early fall 2026. These transportation options will provide safer, more comfortable connections for all travelers, and encourage more trips by walking, biking and using transit on the corridor by making it easier to get people to and from the transit stops. Property and easements of varying sizes will need to be acquired to make these improvements. These improvements are discussed further in the Project Improvements section of this Memorandum.

Alignment with Additional City Plans Project improvements on East Arapahoe Avenue focus on implementing transportation plan recommendations for the street from the following city planning documents: • • • • •

2014 and 2019 Transportation Master Plan, East Arapahoe/CO 7 Transportation Plan, 2019 Pedestrian System Plan, 2019 Low-Stress Walk and Bike Network Plan, and 2023-2027 Vision Zero Action Plan.

Recommendations from each of these plans are discussed further in the Project Improvements section of this memorandum.

City Council History In winter and spring 2018, the East Arapahoe/CO 7 Transportation Plan (EATP) vision was refined through broad community input and feedback. At the May 14, 2018,

Transportation Advisory Board (“TAB”) meeting, TAB recommended City Council accept the EATP. See the meeting minutes for details. On August 29, 2018, City Council approved the EATP. See the Council meeting minutes for details. The Project improvements cannot be constructed without acquiring easements and rights-of-way because existing rights-of-way are not wide enough to accommodate the proposed improvements. It is common and typical for capital improvement projects to require the acquisition of permanent easements and/or public right-of-way in order to build safe transportation infrastructure. Generally, the experience staff have with acquiring easements and rightof-way is that staff approach and negotiate with property owners in good faith with the intent of securing agreements in a timely manner before construction. When property owners consent to the Project, agreements can usually be reached in a straightforward manner. However, when some property owners do not consent to the projects that require easements and rights-of-way or seek compensation above the fair market value determined by city appraisers, there can be significant challenges for all involved, including project delays, increased costs to the city and potentially inequitable impacts to some property owners. On all Transportation & Mobility capital projects, staff follow the federal property acquisition guidelines (the Uniform Relocation Assistance and Real Property Acquisition Act of 1970). The “Uniform Act” defines the requirements and responsibilities of the government entity acquiring the property and establishes firm negotiation timelines so that the process moves forward to a reasonable conclusion for both parties. The Uniform Act protects private owner’s interests to prevent the government from abusing its power or influence. The Uniform Act requires a determination of “fair market value” by a professional appraiser at the government’s expense. If the value of a property is $5,000 or more, property owners also are given the option to hire their own appraisers, which are also paid for by the government. The appraisals become the basis for arriving at a final negotiated settlement or acquisition price. If the negotiating parties cannot reach an agreement, the matter moves to the judicial system, where an appointed commission, judge, or jury determines the fair market value of the property to be acquired. The reason for this request to council is to support implementing the EATP segment between 28th and 38th streets within the required federal funding timeline (which requires grant funds to be fully spent by December 2030 or awarded funds must be returned), to diligently move the Project to construction, and to ensure that each property owner is equitably compensated based on the same methods required in the Uniform Act.

Staff will negotiate in good faith with property owners from whom easements and/or rights-of-way need to be secured and do not intend to initiate any eminent domain action unless negotiations fail with any property owner. For example, eminent domain authority was granted by City Council to the Transportation & Mobility department for construction of the 30th & Colorado Protected Intersection and Underpass Project and for the 28th Street Multimodal Transportation Improvements Project between Canyon Boulevard and Iris Avenue. The authority was not needed for the 28th Street Project but was required for a petition filed in Boulder County District Court to acquire and value a segment of property required for the 30th & Colorado Project. In all but one instance, this authority supported overall project delivery and expedient and equitable negotiations with the remaining property owners who were compensated at fair market value.

Analysis The Project will implement a segment of the East Arapahoe/CO 7 Transportation Plan (EATP) from 28th Street to 38th Street (Figure 1).

Figure 1: East Arapahoe Transportation Plan Within City of Boulder City Limits

Background CO 7/Arapahoe Avenue is located in the East Boulder subcommunity and runs east/west between 28th Street and the city limits at 63rd Street. The current Project is focused on the section of Arapahoe Avenue between 28th and 38th streets. The corridor has six vehicle lanes: four general purpose lanes and two bus lanes. It is one of the city’s most heavily traveled commuter corridors and business routes providing transportation connections by transit, biking, personal vehicle, and for goods movement. The corridor also connects the region to Boulder’s central core and a variety of commercial, industrial, retail and residential land uses.

The 2014 TMP called for a Complete Street study of the East Arapahoe corridor, and the East Arapahoe/CO 7 Transportation Plan (EATP), began in 2015 and approved by City Council in 2018, identified near-term and long-range transportation improvements. The city implemented the first phase of improvements in summer 2025 with implementation of dedicated bus lanes. This Project implements the next phase of improvements from the plan.

Project Improvements Project improvements on East Arapahoe align with multiple city transportation plan recommendations for the street, including the: • • • •

East Arapahoe/CO 7 Transportation Plan (EATP), 2014 & 2019 Transportation Master Plan, 2019 Pedestrian System Plan, and 2019 Low-Stress Walk and Bike Network Plan.

The Project will implement plan recommendations including A through C (

Figure 2): A Continuous and separated multi-use paths and bike lanes for people walking, rolling and biking. B BRT transit stops and amenities that support existing JUMP service and the forthcoming Boulder Flyer service between Boulder and Brighton, which will begin this summer. C Maintain the two existing vehicle travel lanes in each direction.

Figure 2: East Arapahoe Improvements

These improvements are informed by the 20-member East Arapahoe Transportation Plan Community Working Group, community partners, agency partners, and the public, detailed further in the Community Engagement section of this memorandum. The location of the Project, at 30% design completion, is generally adjacent to and approaching Arapahoe Avenue from 28th Street to 38th Street. The city will have legal descriptions for the property interests for which council authority is being sought once the design has advanced further. Staff are therefore seeking authority in Proposed Ordinance 8749 to amend the legal descriptions of the property interests as necessary for the Project.

Project Cost and Funding Sources The estimated total cost of the Project is $12.07 million. This estimate is based on the Engineer’s Opinion of Probable Cost at 30% design completion and includes contingencies for final construction and material costs. The city received federal grant funds to implement the Project and will provide a 20% match, $2.41 million, toward the total improvement costs. Matching funds are included in the approved Capital Improvement Program.

Equity Analysis Staff used a Racial Equity Assessment to help determine who will benefit and will be burdened most by the Project and considered the findings from the instrument to evaluate if the final designs were accessible and provided benefits for all ages and abilities that live and work on the corridor. People walking, biking and rolling, whether by choice or because they lack access to a vehicle or are unable to drive, are at greater risk of serious injury and fatal crashes. The Project will build new and wider sidewalks, separated and protected bike lanes, Americans with Disabilities Act compliant curb ramps, and BRT stops with amenities like shelters.

Fiscal Note Estimated Fiscal Impact Narrative The Project is anticipated to have no fiscal impact in 2026 or over the next three-years because the estimated total project cost of $12.07 million is funded through federal grant funds and city funds approved in the Capital Improvements Program. Current Year Estimated Fiscal Impact The current year fiscal impact is included in the estimated total project cost and allocated federal grant and city funds.

Fund(s): Transportation Fund, Safe Streets for All federal grant Department(s): Transportation & Mobility Program(s): Capital Improvement Program

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

Beginning Fund Balance

$1.03M

$0

$1.03M

Total Forecasted Revenue

$53.59M

$0

$53.59M

Total Estimated Expenses

$50.08M

$0

$50.08M

Ending Fund Balance(s) After Reserves

$0.10M

$0

$0.10M

FTE

88.35 FTE

Item

88.35 FTE

Three-Year Estimated Fiscal Impact

Item

FY 2026

FY 2027

FY 2028

Total Forecasted Revenue

$0

$0

$0

Total Estimated Expenses

$0

$0

$0

Net Estimated Impact

$0

$0

$0

Climate, Resilience, and Sustainability Considerations The Project will increase mobility options for those traveling into and within the city. Improvements will also improve safety by providing protected and separate facilities for all travelers, health by providing safer connections for active travelers, air quality and reducing our impact on the climate by providing transportation options in addition to the

personal automobile. For example, BRT and separated and protected pedestrian and bicycling facilities can reduce vehicle miles traveled in the corridor by 14%, compared to existing conditions.

Community Engagement Broad community outreach for the EATP included 10 meetings of the EATP Community Working Group, five public workshops and open houses, 34 corridor stakeholder meetings, numerous individual and small group meetings, as well as ongoing meetings with agency partners. In winter and spring 2018, the plan vision was refined by input and feedback received through this outreach. At the May 14, 2018, TAB meeting, TAB recommended City Council accept the East Arapahoe/CO 7 Transportation Plan. See the TAB meeting minutes for details. August 29, 2018, City Council approved the East Arapahoe/CO 7 Transportation Plan (EATP). See the Council meeting minutes for details.

Workplan Considerations The Project is within staff’s work plan.

Next Steps for City Council If this item is passed on first reading, second reading and public hearing will take place on May 28, 2026.

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Attachments A – Proposed Ordinance 8749