The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2010 - SECOND READING OF ORDINANCE NO. 076, 2010, AUTHORI DATE: July 6, 2010 D . ITEM SUMMARY ' STAFF: Janet McTague, Helen Matson _ Lindsay Kuntz T COLLINS CITY COUNCIL Second Reading of Ordinance No.076,2010,Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult Community Utility Improvements Project. EXECUTIVE SUMMARY The City Utilities Department plans to install new utility improvements along West Harmony Road on a property owned by Rangeview Adult Community Condominium Association (the"Association"). The project requires the acquisition of a utility easement from the Association. Due to the restrictive bylaws of the Association, the Association and the City have agreed to use eminent domain procedures to accomplish this acquisition. This Ordinance, unanimously adopted on First Reading on June 15, 2010, authorizes the use eminent domain proceedings. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-June 15, 2010 (w/o attachments) ATTACHMENT 1 DATE: June 15, 2010 STAFF: Janet McTague, Helen Matson _ Lindsay Kuntz • • • First Reading of Ordinance No. 076, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult Community Utility Improvements Project. EXECUTIVE SUMMARY r_1—__1 1t7N ,7 The City Utilities Department has planned a project to install new-utility improvements along West Harmony Road on a property owned by Rangeview Adult Community Condominium Association (the "Association"). The new utility improvements will include the installation of two utility switches to improvelsafety and system reliability. The City will construct the improvements this summer. The Project requires the acquisition of a utility easement from the Association. Due to the restrictive bylaws of the Association,the Association and the City have agreed to use eminent domain procedures to accomplish this acquisition. BACKGROUND / DISCUSSION The City Utilities Department began a program to replace 36 below-grade oil switches with above grade air and gas switches by year-end 2011,due to safety and,reliability concerns.—The replacement of the switch at Rangeview Adult v� ci �N ri 1 � \ , T/ Community is a part of this program. The easement location was selecte T ue to ease of access and close proximity to existing electrical facilities. City staff contacted the Association to advise it of the desire rto- purchasefa utility easement to install the planned improvements and the Association agreed to the conveyance. Due to the restrictive nature of the Association's Condominium Declaration for the conveyance of property, the Association and the City agreed that a "friendly" condemnation action by the City be invoked to accomplish the easement conveyance. The City has used this procedure several times in the past when faced with this dilemma. Therefore, staff recommends that Council adopt this Ordinance to authorize the use of eminent domain proceedings to acquire the property. Once City staff obtains Council authorization to use eminent domain procedures to complete the transaction, the City and the Association's attorney will file the appropriate documents with the court for the possession of the easement area to be granted to the City. FINANCIAL/ ECONOMIC IMPAC' TS (�n \�- ,/ \ � IJ IJ The total project is anticipated to cost$81,170, including design, construction, acquisition and landscape mitigation. The City will cover the property acquisition costs with available project funds. The installation of above-grade switches is a long-term solution to safety and reliability concerns of below-grade oil switches. ENVIRONMENTAL IMPACTS r In consideration of environmental impacts, the City has committed to the placement of trees and shrubbery around the switch locations. The location of the-trees and-shrubs will.be;\oordinated.7with property managers and nearby property owners. In addition, the C�ty�lias agreed to utilI the landscapinq,contractor currently employed by the property manager to repair any damage done to lawn or sprinkler syste\ s,as a result of the City work. June 15, 2010 -2- ITEM 18 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH City staff has been corresponding with the Association and their attorney since late summer of 2009. The easement has also been discussed at previous meetings of the Association's Board and at a site visit with the property manager and property owners living adjacent t/th`witch�lo�ions.rinfor ation about7the planned improvements and the proposed acquisition procedures have,6een)sent�to all members of thevAssociation. City staff has not received any correspondence regarding any issue's with the proposal. hE tity-notified+the Association and its attorney 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 1 COP , COP ORDINANCE NO. 076, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE RANGEVIEW ADULT COMMUNITY UTILITY IMPROVEMENTS PROJECT WHEREAS,the City desires to acquire certain real property rights described in Exhibit"A", attached hereto and incorporated herein by reference (the "Property"), from the Rangeview Adult Community Condominium Association (the "Association") to install utility improvements (the "Improvements"); and WHEREAS, the Association concurs with City staff s recommendation to use eminent domain to complete the acquisition of the Property; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of the Improvements, is in the City's best interest and enhances public health, safety, and welfare; and WHEREAS,the acquisition of the Property may 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 rights described on Exhibit "A" attached hereto and incorporated herein by this reference, for the purpose of constructing the Improvements. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire these property rights.for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition by eminent domain is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 15th day of June, A.D. 2010, and to be presented for final passage4the6tof July, A.D. 201 ATTEST: T► City Clerk Passed and adopted on final reading on the 6th day of July, A.D. 2010. Mayor ATTEST: City Clerk J