To: Honorable Mayor and Members of Town Council
Through: Michael J. Hyman, Town Attorney
David L. Corliss, Town Manager
Daniel Sailer, P.E., Director of Public Works
From: Austin Payne, Project Manager
Title
Ordinance Authorizing the Exercise of the Town's Power of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Wolfensberger Widening Project (Second Reading - Approved on First Reading on November 21, 2023, by a vote 7-0) [between Prairie Hawk and western Town limits]
Body
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Executive Summary
This ordinance authorizes the acquisition of property interests necessary for future construction of the Wolfensberger Widening under the power of eminent domain. The public need for this project has been identified within the Town’s Transportation Master Plan, and is needed to support full build out of the Town. The property interests are depicted on Exhibit 1 and described within Exhibit 2 and include 7 Right-of-Way (ROW) parcels, and 24 temporary easements. Staff is recommending to finalize all permanent land acquisitions. At this time with the forecasted date to resume design in 2028 and target construction in 2029, staff would hold off on acquiring the temporary easements until 2027.
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
The Wolfensberger Widening project includes roadway capacity, and operational improvements for Wolfensberger Road from the western Town limits west of Coachline Road to Prairie Hawk Drive. Wolfensberger Road is classified as a major arterial road and intersects with two major arterial Roads (Coachline Road/Plum Creek Parkway & Prairie Hawk Drive), and one collector street (Red Hawk Drive). The improvements implemented with this project include: road widening to accommodate the full build-out condition of a 4-lane major arterial, a roundabout at the intersection of Red Hawk Drive, pedestrian and multi-use lanes, storm drainage improvements, and water quality improvements.
The current width of Town ROW is not adequate to construct and maintain the improvements planned with the project, which includes: water quality detention facilities, drainage modifications, and grading as shown on Exhibit 1. A breakdown of the necessary identified acquisitions is below:
• 24 Temporary Easements
• 7 Right of Way
Based on current Development Impact Fee revenue, which is the primary source of revenue for capital improvements, forecasts being lower than originally, the project has been paused at 30% design with timing of completing the design being assessed.
Budget Impact
This ordinance does n t have an impact on the budget as it only approves the eminent domain
authorization process.
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 first 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
Exhibit 2: Property Legal Descriptions