To: Honorable Mayor and Members of Town Council
Through: Michael J. Hyman, Town Attorney
Daniel Sailer, P.E., Director of Public Works
David L. Corliss, Town Manager
From: Andrew Focht, Project Manager
Title
Ordinance Authorizing the Exercise of the Town’s Power of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Crowfoot Valley Road Widening Project (Second Reading - Approved on First Reading on February 20, 2024 by a vote 7-0) [from Knobcone Drive to Macanta Blvd]
Body
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Executive Summary
This ordinance authorizes the acquisition of property interests necessary for construction of the Crowfoot Valley Road Widening Project under the power of eminent domain. The property interests are depicted on Exhibit 1 and include 3 right-of-way (ROW), 4 permanent easements and 5 temporary construction easements. The ordinance mandates Town compliance with applicable statutory requirements on conducting good faith negotiations with the affected landowner, and requires all offers to be based on market valuation of the property interests to be acquired. In most instances, the landowner will have the right to obtain an independent appraisal at the expense of the Town.
In the event the Town working through its property acquisition consultant is unable to reach agreement with the property owner on purchase price, time of possession, or other terms of acquisition, the Town Attorney will so advise Town Council. In that event, the Town Council will be apprised of the prior negotiations, and determine at a Council meeting whether the judicial process for acquisition of the property interests should be initiated. The property owner will have the opportunity to address Council at that time. To reiterate, this ordinance does not authorize the filing of a petition for any property. This ordinance is for general authorization purposes only.
As has been demonstrated on recent capital projects in which the Council similarly authorized acquisition of property interests by an eminent domain ordinance, good faith negotiations almost always result in an agreement with the property owner. Consequently, we anticipate that Council intervention in the acquisition process will be infrequent.
Utilization of the statutory process provides certainty and consistency with property acquisitions and assurance that possession of the necessary property interests can be achieved within the projected timeframe and with payment of just compensation.
Discussion
Crowfoot Valley Road is a major arterial connecting local and regional travel between the north easterly portions of Town, Douglas County and I-25. Roadway and pedestrian improvements for Crowfoot Valley Road have been identified within the 2017 Transportation Master Plan (TMP) that will maintain adequate capacity, enhance multimodal travel experiences, improve safety, and ensure efficient road network connections as traffic volumes increase. The improvements will include additional vehicle travel lanes, auxiliary lanes, signal construction at Sapphire Point Boulevard, bike lanes and complete sidewalk(s) along the corridor. The project scope will also include maintenance of existing asphalt pavements.
Douglas County initially managed the project starting in 2021. In 2023 the Town took over management of the project with the County becoming a project funding partner, agreeing to contribute to the design and construction of the project. The County will contribute a total of $1,706,000 for the project, $1,456,000 for construction and $250,000 for design.
The planned transportation improvements within the project corridor extend beyond the Town Right-of-Way (ROW). On average the Town’s current ROW is 120 feet wide in the project area. This width is not adequate for the Town to construct and maintain the improvements planned with the project. In order to perform construction, the Town must acquire the following as illustrated on Exhibit 1:
• 3 ROW
• 4 permanent easements
• 5 temporary construction easements
Project Schedule
The improvements to Crowfoot Valley Road are planned to be implemented in two construction phases. The first phase will include the installation of a traffic signal at the Sapphire Pointe Boulevard intersection. The second phase of improvements will be the remainder of project improvements. The anticipated schedule and sequencing of construction is illustrated in Figure 1.
Figure 1
As signal poles take 4-6 months to manufacture, staff have already initiated the manufacturing process for the Sapphire Point signal, which is expected to be delivered in June 2024. Construction of the traffic signal is planned to be performed in mid-2024 in order to provide traffic relief while the Town acquires right-of-way needed for the widening project. It is anticipated that the signal construction will be bid in April 2024 and the widening will be bid in August 2024.
Budget Impact
This ordinance does not have an impact on the budget as it only approves the eminent domain authorization process. Expenditures will occur with actual property acquisitions.
Staff Recommendation
Staff recommends approval of the ordinance as presented on first reading.
Proposed Motion
“I move to approve the ordinance as introduced by title on second reading.”
“I move to approve the ordinance as introduced by title, with the following conditions: (list conditions)”
“I move to continue this item to the Town Council meeting on (date) to allow additional time to (list information needed)”
Attachments
Ordinance
Exhibit 1: Property Interests