HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/20/2004 - SECOND READING OF ORDINANCE NO. 115, 2004, AUTHORI ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: July 20, 2004
FORT COLLINS CITY COUNCIL STAFF: Matt Baker
SUBJECT
Second Reading of Ordinance No. 115, 2004, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection
with the Street Oversizing Drake and Ziegler Road Realignment Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
A slope easement and construction easement are required for the construction of improvements to
Drake Road east of Timberline,across property owned by the Cargill Corporation("Cargill"). This
property is currently used for seed research and is an agricultural operation. This property was
annexed into the city as an enclave. The property is now surrounded by the active developments of
Rigden Farm and Sidehill.
The Street Oversizing Program has been working with the development projects to obtain the right
of way necessary to construct improvements to Drake Road from Timberline to Ziegler and construct
improvements on Ziegler Road to Horsetooth. This will complete a critical transportation link in
the area. These new roadways will meet minor arterial standards and eliminate the current
substandard roadway (CR13) with sharp curves and three narrow one lane bridges. Two fatal
accidents have occurred on this portion of Ziegler Road. Ordinance No. 115,2004,was unanimously
adopted 5-0 (Councilmembers Hamrick and Roy were absent) on First Reading on July 6, 2004.
ORDINANCE NO. 115, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS IN CONNECTION WITH THE STREET OVERSIZING OF DRAKE
ROAD AND ZIEGLER ROAD REALIGNMENT PROJECT
WHEREAS, the construction of public improvements in connection with the street
oversizing of Drake Road and Ziegler Road Realignment Project (the "Project") is scheduled to
start in the Spring of 2005; and
WHEREAS, the Project will include the construction of improvements to Drake Road
and Ziegler road so as to meet minor arterial standards, eliminate current substandard roadway
conditions including sharp curves and narrow, one-lane bridges, and complete a critical
transportation link in the area; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing street, drainage and other related improvements in connection
with the Project; and
WHEREAS, the City will negotiate in good faith for the acquisition of said properties
from the owners thereof; and
WHEREAS, the acquisition of the properties is desirable and necessary for the
construction of the Project, is in the City's best interest and enhances the public health, safety
and welfare; and
WHEREAS, the acquisition of such properties 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:
Section 1. That the City Council hereby finds and determines that it is necessary in
the public interest to acquire the real property described on Exhibits "A" and "B", attached
hereto and incorporated herein by this reference, for the purpose of constructing the Project and
other related improvements for the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire said real property for the City by eminent domain
proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of
any parcel described in this Ordinance is commenced, that immediate possession is necessary for
the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 28
AGENDA ITEM SUMMARY DATE: July6, 2004
FORT COLLINS CITY COUNCIL STAFF: Matt Baker
SUBJECT
First Reading of Ordinance No. 115, 2004, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands ess the n n Pu rc Improvements in Connection
with the Street Oversizing Dr a and Z ler R d nm c Im
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The acquisition costs will be ered� jepzynd.
EXECUTIVE SUMMARY
A slope easement and construction easement are required for the construction of improvements to
Drake Road east of Timberline,across property owned by the Cargill Corporation("Cargill"). This
property is currently used for seed research and is an agricultural operation. This property was
annexed into the city as an enclave. The property is now surrounded by the active developments of
Rigden Farm and Sidehill.
The Street Oversizing Progr as bee orki dev p ent projects to obtain the right
of way necessary to construct i ovegte to oad fro imberline to Ziegler and construct
improvements on Ziegler Road to Horsetoot . This will comp ete a critical transportation link in
the area. These new roadways will meet minor arterial standards and eliminate the current
substandard roadway (CR13) with sharp curves and three narrow one lane bridges. Two fatal
accidents have occurred on this portion of Ziegler Road.
Staff has an ongoing relationship with the managers of the Cargill site, beginning with the
construction project at Drake and Timberline in 1999. Staff had hoped that this relationship would
result in successfully obtaining the required property interests for the proposed project. However,
due to circumstances beyond the control of both parties,negotiations have been delayed for the last
two years due in part to Cargill's chosen property appraiser being unable to complete his analysis.
Staff tried to conclude the negotiation this winter in anticipation of construction in 2004,however
July 6, 2004 -2- Item No. 28
no progress has been made. The negotiations are amicable and staff continues to work with the
management at Cargill and is still hopeful that acquisition will be accomplished by agreement.
In order to continue with the roadway project,staff is recommending the City authorize the exercise
of its eminent domain powers for the acquisition of the necessary property interests. Staff will
continue to negotiate in good faith with Cargill for an amicable solution.
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