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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/02/2007 - SECOND READING OF ORDINANCE NO. 103, 2007, AUTHORI ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: October 2, 2007 FORT COLLINS CITY COUNCIL STAFF: Matt Baker Helen Matson Lindsay Kuntz SUBJECT Second Reading of Ordinance No. 103, 2007, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with Phase Two of the Harmony and Ziegler Roads Front Range Village Improvements Project. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Front Range Village is a large commercial development planned for the area located at the northwest corner of the Harmony Road and Ziegler Road intersection. As a result of this new development, street improvements and various off-site improvements are necessary for Harmony and Ziegler Roads and will be constructed through the Street Oversizing Program as part of the Harmony and Ziegler Roads Front Range Village Improvements Project. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. All property interests needed for Phase I have been successfully negotiated. This Ordinance,unanimously adopted on First Reading on September 18,2007, authorizes the use of eminent domain for all property acquisitions in Phase 11 of the Project, if such action is necessary. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- September 18, 2007. ATTACHMENT ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: September 18, 2007 FORT COLLINS C O I FF: Matt Baker Helen Matson Lindsay Kuntz SUBJECT First Reading of Ordinance No. 103, 2007, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with Phase Two of the Harmony and Ziegler Roads Front Range Village Improvements Project. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Front Range Village is a new velopm()J?er c ction nearthe northwestcornerof Harmony Road and Ziegler ad. sw d elopment, streetimprovements are necessary for Harmony Road,the onygler oad intersection,and the Horsetooth Road and Ziegler Road intersection. These street improvements will be constructed through the Street Oversizing Program as part of the Harmony and Ziegler Roads Front Range Village Improvements Project. The developer of Front Range Village has agreed to fund the improvements for the project as agreed in the Development Agreement dated February 28, 2007. This developer has contributed $2,872,500 to the City for the improvements and land acquisition. EXECUTIVE SUMMARY Front Range Village is a large commercial development planned for the area located at the northwest corner of the Harmony Road and Ziegler Road intersection. As a result of this new development, street improvements and various off-site improvements are necessary for Harmony and Ziegler Roads and will be constructed through the Street Oversizing Program as part of the Harmony and Ziegler Roads Front Range Vil e Ini�r em s I Dith a construction schedule for the Project, timely acquisition of t prope inter s el property interests needed for Phase I have been successfully oti a Sta s questrization of eminent domain for all property acquisitions in Phase of the roject,i such actionis necessary. BACKGROUND Front Range Village is a development planned for the area located at the northwest corner of the Harmony Road and Ziegler Road intersection. As a requirement of this development, off-site improvements and street improvements on Harmony Road and Ziegler Road need to be constructed September 18, 2007 -2- Item No. 10 in anticipation of the increased traffic that the new development,Front Range Village,will bring to the area. The City of Fort Collins will construct the street improvements and various off-site improvements that are necessary with the Harmony and Ziegler Roads Front Range Village Improvements Project(the"PrC!n@h t roject area need to be acquired for the improvements. Thesu h impleacquisitionsand variouseasements. The developerofF contribu d$2,872,500 to the Citytoacquire the necessary property intero prop owners for the planned street improvements. Property interests needed for Phase I of the Project have been negotiated and construction of the Phase I improvements has begun. Phase I includes the widening of Harmony Road,the construction of improvements to the Harmony Road and Ziegler Road intersection, and the widening of Ziegler Road north of the Harmony Road intersection. Phase II includes widening of additional portions of Ziegler Road south of Horsetooth Road,the construction of a modern roundabout at the intersection of Ziegler Road and Horsetooth Road, as well as, a pedestrian easement connection in the English Ranch PUD subdivision. Staff has begun meeting with the property owners to discuss Phase II of the Project and the impacts to their property. At those meetings, all property owners were notified that City staff would be requesting approval to use eminen o ain acquire necessary ro erty interests, if needed. City staff received no objections to s pro o d re s A o o the affected property owners are homeowner's associations(H ). Usu y the v s for As are so restrictive that the only way to acquire the needed prop is hr a inent do n process. 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, timely acquisition of the property interests is necessary. Staff is requesting authorization of eminent domain for all property acquisitions for Phase II of the Project, if such action is necessary. All affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to First Reading of this Ordinance. ATTACHMENTS 1. Location Map COPY ORDINANCE NO. 103, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH PHASE TWO OF THE HARMONY AND ZIEGLER ROADS FRONT RANGE VILLAGE IMPROVMENTS PROJECT WHEREAS, the Harmony and Ziegler Roads Front Range Village Improvements Project (the"Project") began construction in the summer of 2007; and WHEREAS, Phase II of the Project will widen Ziegler Road, construct a modern roundabout at the intersection of Horsetooth Road and Ziegler Road, and construct sidewalks, center medians, and utility connections; and WHEREAS, new development in the area will increase traffic and the Project will provide for safer traffic flow and improved intersections; and WHEREAS, it is necessary for the City to acquire certain property interests (the "Property") as more particularly described on Exhibits "A" through "Q", attached hereto and incorporated herein by this reference (the "Exhibits"), for the purpose of constructing the Project; and WH EREAS, the City will negotiate in good faith for the acquisition of the Property from the owners; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of the Project and is in the City's best interest in order to promote the public health, safety, and welfare; and WHEREAS, the acquisition of the Property 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 is necessary in the public interest to acquire the Property described on the Exhibits for the purpose of constructing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition of the Property described in this Ordinance is commenced by eminent domain, that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this IBth day of September, A.D. 2007, and to be presented for final passage on the 2nd day of October, A.D. 2007. r ' Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of October, A.D. 2007. Mayor ATTEST: City Clerk