Suzy Ageton George Karakehian KC Becker Tim ... - City of Boulder

CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: December 6, 2011
AGENDA TITLE: Introduction, first reading, and consideration of a motion to order
published by title only an ordinance authorizing and directing the acquisition of property
interests located at 5864 Rustic Knolls Dr, by purchase or eminent domain proceedings.
PRESENTER/S:
Jane S. Brautigam, City Manager
Paul Fetherston, Deputy City Manager
Tom Carr, City Attorney
Kathy Haddock, Senior Assistant City Attorney
Maureen Rait, Executive Director of Public Works
Tracy Winfree, Director of Transportation
Michael Gardner-Sweeney, Transportation Planning and Operations Coordinator
Timothy Head, Airport Manager
Doug Newcomb, Property Agent
EXECUTIVE SUMMARY:
City Council authorization is requested for litigation to proceed with eminent domain if
the city’s negotiations to purchase property interests located at 5864 Rustic Knolls Drive
are not successful. The city will continue to attempt to purchase the property by good
faith negotiations with property owners; however this ordinance allows filing of a
condemnation action in the event negotiations continue to be unsuccessful.
Acquisition of the entire property, or the through-the-fence agreement property interests,
at 5864 Rustic Knolls Dr. is necessary to comply with requirements of the Federal
Aviation Administration (“FAA”) regarding residential through-the-fence agreements
(“RTTFs”) at public-use airports. By the 3 rd quarter of 2012, the city must meet certain
standards for control of airport operations and development, and submit an access plan
showing that it does not have any RTTFs that do not comply with FAA regulations. The
city cannot meet these requirements without either purchasing or acquiring through
condemnation the property or the interests in the RTTF located at 5864 Rustic Knolls
Drive.
Agenda Item 3N Page 1