HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/16/2001 - SECOND READING OF ORDINANCE NO. 5, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 10
DATE: January 16, 2001
FORT COLLINS CITY COUNCIL FROM
Ron Mills
SUBJECT:
Second Reading of Ordinance No. 5, 2001, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Easements Necessary for Drainage Improvements to Spring Creek at I.emay
Avenue.
RECOMMENDATION:
Staff recommends adoption of-the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
Construction of the proposed improvements will require the acquisition of a permanent private
access easement, a permanent utility easement, and a temporary construction easement, all from
property owned by Spring Creek Health Care Center. Staff has initiated the easement acquisition
process — discussing the project with representatives and legal counsel of the owners, obtaining
preliminary value estimates,preparing final design drawings,and negotiations to secure the required
easements. Staff will continue good faith negotiations; however, to ensure that the City can secure
all of the easements in time to begin construction of the project, it is necessary to initiate the first
step of the eminent domain process. Ordinance No. 5, 2001, was unanimously adopted on First
Reading on January 2, 2001, authorizing acquisition by eminent domain.
AGENDA ITEM SUMMARY ITEM NUMBER: 22
FORT COLLINS CITY COUNCIL DATE: January 2, 2001
STAFF: Ron Mills
SUBJECT:
First Reading of Ordinance No. 5,2001,Authorizing Acquisition by Eminent Domain Proceedings
of Certain Easements Necessary for Drainage Improvements to Spring Creek at Lemay Avenue.
RECOMMENDATION:
IL
Staff recommends adoption o e Or i c)0i PtReadiyng
FINANCIAL IMPACT:
The City is seeking to acquire three easements from one property to construct drainage
improvements to Spring Creek at Lemay Avenue. Preliminary property value estimates have been
completed and sufficient funds ila th t ge
EXECUTIVE SUMMARY:
The construction of improvements to Spring Creek at Lemay Avenue is currently scheduled for the
Winter/Spring of 2001 prior to flood season. The proposed improvements include repairs to Spring
Creek made necessary by flood dama ocaused Pp
997, reinforcement of the Spring Creek
channel, reconstruction of th prin re val of a private access bridge
responsible for diversion of od floditi flooding and property damage.
Removal of the private brid will of new access drive on the above-
mentioned private property along a sCreek rom Lemay Avenue. In addition,
a new sanitary sewer service will need to be constructed from the sewer main located in Lemay
Avenue, parallel to the new access road, also on the south side of Spring Creek. The existing
sanitary service is located in the existing private bridge proposed for demolition.
Construction of the proposed improvements will require the acquisition of a permanent private
access easement, a permanent utility easement, and a temporary construction easement, all from
property owned by Spring Creek Health Care Center. Staff has initiated the easement acquisition
process — discussing the project with representatives and legal counsel of the owners, obtaining
preliminary value estimates,preparing final design drawings,and negotiations to secure the required
easements. Staff will continue good faith negotiations; however, to ensure that the City can secure
all of the easements in time to begin construction of the project, it is necessary to initiate the first
step of the eminent domain process, passage of this Ordinance authorizing acquisition by eminent
DATE: January 2, 2001 2 ITEM NUMBER: 22
domain. Staff has described the contents of the subject ordinance to the affected property owners
and informed them that City Council is being asked to approve the ordinance at this City Council
meeting.
BACKGROUND:
The flood on July 28, 1997 caused extensive damages to Spring Creek at Lemay Avenue. Not only
was there considerable erosion to the creek embankments but the bike trail and a concrete private
access bridge were washed out. In addition there was considerable erosion and scouring to the
foundation of the Lemay Avenue Bridge. In the aftermath of the flood temporary repairs were made
to the bike path and may A ue i ow r of the property served by the
bridge had a new concrete bri const ted ov re the same location as the one that
had washed out.
The current project will repair the flood erosion to Spring Creek as well as reinforce the creekbed
and sides to prevent future damage. In addition, the temporary bike path will be removed and
replaced with a permanent concrete bike path. Additional permanent repairs are planned to the
Lemay Avenue Bridge.
The private access bridge in its present location presents a serious constriction to flood flows in
Spring Creek. The bridge presence causes a significant increase in the 100-year floodplain and puts
other properties and structures o est f e' anger. During the 1997 flood,
several properties and structu on t est si Le ay, of Spring Creek were flooded.
In addition, flows were divert around a priv e t ge and ossed Lemay Avenue north of the
Lemay Avenue Bridge and flo p ast sid may Avenue as well.
The project also plans to remove this private access bridge,thus removing the constriction to Spring
Creek Channel. The easements are needed to provide a new access to the residence served by the
bridge,as well as sanitary sewer service, along the south side of Spring Creek from Lemay Avenue.
The project final design phase was completed in August 2000. Since that time staff has been in
negotiation with Spring Creek Health Care Center and their legal counsel. At present an agreement
has not been reached.Although staff is continuing tone otiate with the property owner,it is possible
that the easements will have t acq it by in t ed on the anticipated start date
for the construction and the a nt of ti requ d inen omain proceedings,it is necessary
to take the first step in the em t d pr ss taff has vised the property owner that it is
not unusual for the City to authorize the possible use of eminent domain at the same time as
negotiations are taking place. The property owner has been assured that it is the City's intention to
continue good faith negations for the easements.
At this time, easements must be acquired from the following property owner:
Spring Creek Health Care Center 1000 East Stuart
Staff recommends that Council authorize the use of eminent domain to acquire easements from this
property owner. The property owner has been notified that the City Council will be considering this
recommendation. %