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

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The staff is asking for council authorization to obtain either the entire property or only the property interests related to the RTTF. City Council authorized acceptance of grant funds from the Colorado Department of Transportation Aeronautics Division to pay for up to $270,000 of the acquisition price. Staff believes authority to condemn the property is necessary in this circumstance as informal negotiations and efforts to provide the city’s appraisal to the property owner have been unsuccessful. Such authority will allow staff to commence the formal negotiations which are a prerequisite to filing the court action. The proposed ordinance and legal descriptions regarding this request are included in Attachment A. STAFF RECOMMENDATION: Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only an ordinance authorizing and directing the acquisition of property or property interests in the through-the-fence agreement located at 5861 Rustic Knolls Drive, by purchase or eminent domain proceedings, and setting forth related details. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS OF THE PROJECT: • Economic: The 2008 Airport Economic Impact Study, published by CDOT Aeronautics, estimated that Boulder Municipal Airport contributes more than $60 million annually to the Boulder economy, supports approximately 729 jobs, and enhances the economic diversity of the area. In addition, the airport is completely self-sufficient due to lease revenue and federal funding, and does not receive any general fund revenues. Complying with the interim policy adopted by the FAA is a requisite to obtaining grant funds in 2013 and beyond. • Environmental: If the city elects to purchase the parcel, such purchase will allow the city to preserve it in its natural state and enhances safety by providing an additional buffer between the runway and neighbouring houses. • Social: Acquisition of the parcel or RTTF agreement will ensure that the airport complies with federal regulations and remains a public-use airport for the Boulder community. This will enable the airport to continue its various community endeavors such as its ties with Rocky Mountain Rescue; Civil Air Patrol; University of Colorado Flying Club; ROTC, Deaf Pilots Association; Cub Scouts of America; and area nonprofits. Agenda Item 3N Page 2
OTHER IMPACTS: • Fiscal: The total project cost is anticipated to be paid with $270,000 fromCDOT grant funds and the remainder through the Airport Fund. Fiscal impact of eminent domain: The potential cost of eminent domain may include additional attorneys’ fees and expert witness fees for filing the action, and a valuation hearing, if necessary. It is too early to determine the precise fiscal impact of a potential eminent domain action. If the acquisition can be obtained without eminent domain, the City Attorney’s Office will process the matter inhouse, requiring only consultation with a condemnation attorney. If eminent domain is required for this property, the City Attorney’s Office will retain outside counsel with expertise in condemnation. • Staff time: The staff time needed to complete this project is included within the existing work plan if the RTTF property interest can be acquired by negotiation. If eminent domain is required, staff time will be minimal as outside counsel will be retained. PUBLIC FEEDBACK: The city has received letters from neighbors in Rustic Knolls with multiple concerns about the use of the RTTF, including that it is being used to move planes from the airport for the owner’s commercial benefit, and that the use is not being limited to one airplane owned by the property owner as required by the terms of the RTTF. Neighbors are also concerned for their properties because of a waterway being filled in to level the ground for the traversing of the airplanes from the airport to the property. The owner of the glider operations has noticed damage to an airport gate, likely caused by transportation of snow mobiles to the parcel, which is in violation of the terms of the RTTF. BACKGROUND: City Issues with RTTF: The city staff has had concerns about the location of the RTTF for several years. The RTTF is on the north side of the runways, on the opposite side of the airport from the existing taxiway and businesses. Use of the RTTF presents an unsafe situation for the land owner and other aircraft utilizing the airport, as there is not a taxiway from the RTTF to the existing airport travel patterns. Airplanes traversing the airport outside of the taxiways creates a dangerous condition for planes using the runways and can damage the lights and other safety equipment used to make use of the runways comply with FAA requirements. The FAA stated that a new taxiway would need to be built to meet FAA safety requirements in order for the RTTF to be used to access the airport. The cost of such a taxiway is estimated at a minimum of one million dollars. A major reason for the expense is the topography at either end of the runways, which does not allow the clearance required. Accessing the existing taxiway around the east end of the runway would require purchasing city open space land and property from a ditch company, as well as moving enough dirt to fill in a 60-foot drop in topography. See Attachment B showing the runway clearance zones in yellow. Attachment C is an aerial of the airport area showing the RTTF property in orange. Both attachments are oriented the same, with north on the left side. Agenda Item 3N Page 3
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COUNCIL MEMBERS: Suzy Ageton George
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Consideration of a motion to adjour
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CONSENT ITEM - 3A
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7. Members of the Earth Guardians t
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By acclamation Council adjourned fr
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2. Rosalyn Gill expressed her suppo
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Council Member Appelbaum and Deputy
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COUNCIL PROCEEDINGS Tuesday, Novemb
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2. ADJOURNMENT Council Member Cowle
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COUNCIL PROCEEDINGS Tuesday, Novemb
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F. INTRODUCTION, FIRST READING AND
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Council Member Wilson supported Cou
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CONSENT ITEM - 3D
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NEXT STEPS Staff will continue with
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Programs and Services: � How are
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CONSENT ITEM - 3E
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and Fire Department has determined
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• New Cingular W ireless PCS shal
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and the payment of an additional T
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5. RENT. (a) Commencing in th e mon
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Facility will interfere with the Ci
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will have th e right to e xercise a
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(c) Entire Agreement. This Agreemen
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EXHIBIT 1 DESCRIPTION OF PREMISES P
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Agenda Item 3E Page 18
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CONSENT ITEM - 3F
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CI T Y O F B O U L D E R CITY COUNC
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RESOLUTION ATTACHMENT A A RESOLUTIO
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Attachment B Agenda Item 5B Page 29
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Other City Code Provisions for Brew
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Public Comment Attachment G The fol
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Dear City Council and Planning Boar
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It appears that neighbors and local
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Youth of today have so many complex
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Good Afternoon, I write in oppositi
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Dear Planning Board, I’m writing
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production. This may be harder for
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First of all, we do understand thro
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………. B. Public hearing and re
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setback in this circumstance. He no
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Breweries, Wineries and Distillerie
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Approved by Council 10/19/04 Counci
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2011 Study Sessions DATE TOPIC/SUBJ
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2010-2011 City Council Goals REVISE
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� Update Waste Reduction Master P
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City of Boulder Proposed Work Plan
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INFORMATION PACKET
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The YOP fosters strong community re
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To: Mayor Appelbaum and City Counci
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management, and general nonprofit o
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Priority Area: Critical Infrastruct
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movement into more stable daily liv
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Current Status There are no propert
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Bridge House Property Assessment Ma
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NAME OF COMMISSION: Boulder Arts Co
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Boards and Commissions Minutes 3D P
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Council Appointments to Committees:
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Suzy Ageton George Karakehian KC Becker Tim ... - City of Boulder

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