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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/01/2009 - SECOND READING OF ORDINANCE NO. 084, 2009, AUTHORI ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: September 1, Zoos FORT COLLINS CITY COUNCIL STAFF: Tim Kemp Rick Richter Lindsay Kuntz Helen Matson SUBJECT Second Reading of Ordinance No. 084, 2009, Authorizing the-Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the East Drake Road and South Lemay Avenue Intersection Improvements Project. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The East Drake Road and South Lemay Avenue Improvements Project is scheduled to begin in 2010. The Project requires the acquisition of various real property interests from two different properties which are located at the northeast corner of the intersection. Since the Project will be funded through the Congestion Mitigation and Air Quality(CMAQ) Program, all aspects of the Project, including property acquisitions, must comply with procedures for federally funded projects. Given the recommended construction schedule for the Project and the fact that the acquisitions must be conducted under procedures for federally funded projects,timely acquisition of the property interests is necessary. This Ordinance,unanimously adopted on First Reading on August 18,2009,authorizes the use of eminent domain for all property acquisitions, if such action is necessary. ATTACHMENTS I. Copy of First Reading Agenda Item Summary - August 18, 2009. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 9 AGENDA ITEM SUMMARY DATE: August 18, 2009 FORT COLLINS CITY COUNCIL STAFF: Tim Kemp Rick Richter Lindsay Kuntz Helen Matson SUBJECT First Reading of Ordinance No. 084, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to=C=onstruct Publi( -improvements Related to the East Drake Road and South Lemay Avenue Intersection Improvements Project. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT rf�' nI- PV � _L L The total project is anticipated to cost $220,000, including design, construction, and acquisition. Property acquisition costs will be covered by available project funds,whether or not eminent domain is required. This project is funded by a combination of City and Congestion Mitigation and Air Quality Program funds. EXECUTIVE SUMMARY// (('N I LJ)7\7 The intersection of Drake Road difTLemay Wvenu`e has experienced a steady increase in traffic as development has occurred in the surrounding area. The City has designed the East Drake Road and South Lemay Avenue Improvements Project to build a new right turn lane from westbound Drake Road to northbound Lemay Avenue. The improvements will be constructed in 2010. The Project requires the acquisition of various real property interests from two different properties which are located at the northeast corner of the intersection. Since the Project will be funded through the Congestion Mitigation and Air Quality (CMAQ) Program, all aspects of the Project, including property acquisitions, must comply with procedures for federally funded projects. The acquisition phase of this Project will conform-to°the p rovisi on s•of the Uniform-Relocation Assistance and Real Property Acquisitions Policies��Act of 19�70 as Amended (Public aw 91-646). In accordance with these regulations,property owners must be inf omied trout the possible use of eminent domain and their rights pursuant to Colorado�Statutein,therofficial NoticAf-Intent Letter. Authorization from City Council is needed prior to sending this information to property owners. This letter is the first August 18, 2009 -2- Item No. 9 official step in the acquisition phase and happens prior to the appraisals. Given the recommended construction schedule for the Project and the fact that the acquisitions must be conducted under procedures for federally funded projects, timely acquisition of the property interests is necessary. Therefore, staff is requesting authorization to use eminent domain for all property acquisitions, if such action is necessary. BACKGROUND The preliminary designs for the proposed road improvements have been prepared, along with a Right-of-Way Acquisition Plan The Plan indicates�that property interests will be needed from a small parcel owned by a homeowners:association and-another small parcel that has a"clouded"title. City staff has met with representatives for the homeowners association on-site and has attended a board meeting to answer additional questions. Research continues on the chain of title on the second parcel in order to contact any surviving heirs. Staff is optimistic that all property negotiations can be completed in good faith prior to the start of the Project. However, given the construction schedule for the Project and federal requirements, timely acquisition of the property interests is necessary. It may also be necessary to acquire the property interests needed from the parcel with unclear title using the eminent domain process if no clear ownership can be determined. Staff is requestmg authov tion of eminent domain for all property acquisitions, if such action is necessary. Prior to First Reading of this Ordinance,the property owners were notified by certified mail of this request to Council for authorization of eminent domain. ATTACHMENTS 1. Location Map ORDINANCE NO. 084, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE EAST DRAKE ROAD AND SOUTH LEMAY AVENUE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the East Drake Road and South Lemay Avenue Intersection Improvements Project (the "Project") is scheduled to begin construction in the spring of 2010; and WHEREAS, traffic counts during peak usage show that a significant percentage of vehicles are backing up at the Project intersection, causing failure of City sight distance standards and reducing safe traffic flows; and WHEREAS, the Project involves constructing an additional turn lane, replacing sidewalks, and relocating landscape materials; and i WHEREAS, it is necessary for the City to acquire certain interests in the properties hereinafter described on Exhibits "A" and "B", attached hereto and incorporated herein by this reference (the "Property Interests"), for the purpose of constructing the Project; and WHEREAS, the City will continue to negotiate in good faith for the acquisition of the Property Interests from the landowners; and WHEREAS, the acquisition of the Property Interests 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 Interests 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 finds and determines that it is necessary in the public interest to acquire the Property Interests described on Exhibits "A" and `B" for the purpose of the East Drake Road and South Lemay Avenue Intersection Improvements Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Interests for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition of the Property Interests by eminent domain is commenced, that immediate possession is necessary for the public health, safety and welfare. _Introduced, considered favorably on first reading, and ordered published this 18th day of August, A.D. 2009, and to be presented for final passage on th st day of September, A.D. 2009. Mayo ATTEST: City Clerk Passed and adopted on final reading on the 1 st day of September, A.D. 2009. Mayor ATTEST: City Clerk