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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/1999 - FIRST READING OF ORDINANCE NO. 195, 1999, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 20 DATE: December 7, 1999 . FORT COLLINS CITY COUNCIL Ron Mills/ STAFF: Cam McNair SUBJECT: First Reading of Ordinance No. 195, 1999, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Roma Valley Drive Street Connection with Mail Creek Lane. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The acquisition of land through uncontested eminent domain proceedings is necessitated by the May 18, 1999 City Council approval of the Master Street Plan Amendment. This amendment required a new street connection network that allows the Mail Creek Lane/Roma Valley Drive connection in • lieu of the Highcastle Drive connection over Mail Creek. The Fossil Creek Homeowners Association owns the land needed for acquisition as part of its common property. The area of the subject land exists as open space consisting of vegetation and is approximately 76 square feet and the estimated value of the subject land is less than $100. The President of the Fossil Creek Homeowners Association has indicated that at a meeting of the homeowners,the possibility of condemnation was discussed and a motion was made and approved not to oppose this process. Without eminent domain,all Fossil Creek Meadows homeowners in the Association and all lending institutions holding deeds of trust would need to execute the conveyance document pursuant to the Bylaws of the Association. • ORDINANCE NO. 195, 1999 . OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE ROMA VALLEY AND MAIL CREEK ROADWAY CONNECTION WHEREAS, the City of Fort Collins desires to acquire certain real property described in Exhibit"A",attached hereto and incorporated herein by reference(the"Property"),from the Fossil Creek Homeowners Association("FCHOA")for the purpose of constructing a street connection from Roma Valley drive to Mail Creek Parkway; and WHEREAS, the FCHOA has requested that the City initiate eminent domain proceedings in order to complete the transaction; and WHEREAS, the acquisition of the Property is desirable and necessary for public use to enhance the public health, safety and welfare; and WHEREAS, the acquisition of the Property may, by law, be accomplished through proceedings in eminent domain. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Sectionl. That Council finds and hereby determines that it is necessary for the public health, safety and welfare that the City acquire the Property to be used for the purpose of a street connection. Section 2. That the Council hereby authorizes the City Attorney and other proper officials to acquire the said real property for the City by eminent domain proceedings. Section 3. That the City Council hereby finds, in the event that the Property is to be acquired by condemnation, immediate possession of the same is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading and ordered published 7th day of December,A.D. 1999, and to be presented for final passage on the 4th day of January, A.D. 2000. Mayor ATTEST: • City Clerk Passed and adopted on final reading this 4th day of January, A.D. 2000. Mayor ATTEST: City Clerk Fossil Creek Homeowners Association Minutes of Regular Board Meeting Nov. 9, 1999 Members Present: Barry Long, Larry Sager, Ron George,Janet McCulloch, Mike Schoenberg and Dennis Nicks 1 . Call to Order. The meeting was called to order at 7:05 p.m. and a quorum was established. 2. Minutes Approved: The minutes of the October 12,1999 meeting were read and corrections were made. Larry made a motion to approve the minutes, Barry seconded the motion; the minutes were approved. 3. Manager's and Financial Report: Strong Bond Fund - A new signature card must be done for this account, since Barry and Mike are leaving the Board in March of 2000. Action Item in 2 months. Bids for Weed Removal and Tree and Shrub Maintenance - Arborworks, a tree care company, is good for itemized shrub and tree care. Dennis needs to get a bid on weeds, but Arborworks doesn't remove weeds. Dennis will survey the Ridge area of FCM with Janet to determine which trees and shrubs are in "common" areas, to be maintained by the neighborhood association. Mowing -A homeowner, in a townhouse overlooking the park, had some mowing done along the irrigation ditch in the rear of her property and wishes to be reimbursed for the mowing costs. Dennis would like to write a letter to her stating that the mowing was done before the Board authorized to have it mowed 3 times a year, therefore we will not reimburse for the mowing. This letter was approved. Architectural Forms -There needs to be a reminder in the FCMHA newsletter about homeowners turning in architectural improvement application forms to get approval of projects before construction. Action Item. Several homeowners are having improvements made without approval. The Board needs to enforce this, with fines, if necessary. Tennis Court Options for Ballot- 1) Demolition of all courts and relandscaping: 413,430 2) 1 new tennis court and 1 partial basketball court, demolition of remaining courts,.relandscaping: 542,064 The Board approved these 2 options for a ballot to be sent to the homeowners by mail. We decided to ask for the homeowners to return the ballot vote within 30 days, by Dec. 15, 1999. Owners of multiple properties may vote once per property.We need reports back from 2/3 of the membership. Issues for Attorney Review- RAM Waste Drainage Problem -The FCMHA attorney has written a letter to RAM Waste advising them that they are "on notice"to correct the drainage problem. 110999 minutes- p. 2 Fort Collins - Loveland Water Building Drainage Problem -The FCMHA attorney reported that the design for the building's drainage was changed to eliminate a large on-site detention pond. The new design includes a pipe that will take groundwater directly to Fossil Creek. Road Upgrades due to Huntington Hills Apt. Project-The attorney has reviewed and approved all of the proposals, including improvements on the Parkway and the Roma Valley Dr. connection. Drainage Problem on West Side of FCM -The attorney has advised us that a portion of the funds required to repair the drainage pipe that is in the yards of homeowners could come from all FCMHA dues. The rest of the funds should come from the homeowners directly affected by the problem. Dennis will write a letter to the homeowners, who have experienced drainage problems, to report on his meeting with the Fort Collins-Loveland Water District concerning the drainage on the West Side of FCM.Action Item. Emergency Access -The FCMHA attorney reported of a favorable meeting with the owner of property that borders the South Side of FCM, from whom we would need an easement for emergency access during flooding of Fossil Creek. 4. Members Reports: none 5. Old Business 6. New Business Board Vote on Condemnation of FCMHA Property for Roma Valley Dr. -The Board reviewed a letter from Cam McNair, City of Fort Collins engineer, asking for a "friendly condemnation' of land for acquiring right-of-way from FCMHA for the Roma Dr. connection to Mail Creek Ln. Barry Long made a motion that FCMHA would not oppose a "friendly condemnation" of property to allow for this right-of- way. Larry Sager seconded the motion.The motion was approved. Budget for 2000 -A proposed budget for 2000 was reviewed. Barry Long, Ron George, and Dennis Nicks will continue to make adjustments on the budget. Other Board members were asked to bring lists detailing additional budget items for the Dec. meeting. 7. Next Meetina: The next meeting will be on Dec. 14, 1999, 7p.m. at Barry Long's home. 8. Adjournment:Janet made a motion to adjourn the meeting. Mike seconded the motion. The meeting is adjourned. Janet McCulloch, Secretary