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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/02/2000 - SECOND READING OF ORDINANCE NO. 40, 2000, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 26 DATE: May 2, 2000 FORT COLLINS CITY COUNCIL STAFF: Link Mueller SUBJECT: I f Second Reading of Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for the Locust Street Outfall Storm Drainage Improvements. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Construction of the proposed improvements will require the acquisition of a permanent utility easement and a temporary construction easement from two properties. Staff has initiated the easement acquisition process—discussing the project with the property owners, obtaining appraisals, preparing offers and negotiating for 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. 40, 2000, was adopted 6-0 on First Reading on April 18, 2000 and authorizes acquisition by eminent domain. Councilmember Weitkunant withdrew from discussion due to a perceived conflict of interest. a z AGENDA ITEM SUMMARY ITEM NUMBER: 17 DATE: April 18, 2000 FORT COLLINS CITY COUNCIL STAFF: Link Mueller SUBJECT: First Reading of Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for the Locust Street Outfall Storm Drainage Improvements. RECOMMENDATION: Staff recommends adoption o CeOrdi(e o piea din FINANCIAL IMPACT: The City is seeking to acquire easements from two properties to construct the Old Town Master Drainage Plan capital project. Property appraisals have been completed and sufficient funds have been appropriated and bu e • 0 P y EXECUTIVE SUMMARY: The construction of the Locust Street Outfall project is currently scheduled for the summer and fall of 2000. The proposedCre-aimp eme incl th c nstruction of approximately 4000 feet of 108 inch pipe, 12 6' o u d 1700 feet of 72 inch pipe. Additional inlets, necessary tter r la t, asphalt replacement will also be done throughout the project j o th the rm sewer project, the area's two major sanitary trunk lines wirep aced wi a 27-inc sanitary sewer, roughly following the route of the proposed storm sewer. Construction of the proposed improvements will require the acquisition of a permanent utility easement and a temporary construction easement from two properties. Staff has initiated the easement acquisition process—discussing the project with the property owners, obtaining appraisals, preparing offers and negotiating for 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 domain. DATE: April 18, 2000 2 ITEM NUMBER: 17 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: On January 7, 1993, Council adopted the Old Town Basin Master Drainage Plan. One of the projects proposed was the Locust Street Outfall. This project will provide major drainage improvements for the southeastern area of the Old Town Basin. Given the "pay as you go" funding process in place at that time, the Locust Street Outfall wasn't scheduled for construction until approximately 2004. The flood on July 28, 1997 aused co ' ideraf a to' -vate property within the Locust Street Outfall area In Octol 1998p� . unci ed a s rmwater financing plan, allowing the Utility to sell bonds to fun lodrinag ect , d accelerate construction schedules. This allowed the Locust Street Outfall schedule to be moved forward for construction in 2000. The adoption of the new 100-year rainfall criteria in March 1999 also affected the project. The original concept in the Master Plan proposed lowering streets to provide a positive outfall to the river. The new design criteria increased peak storm flows and made this solution impractical. An "all pipe" alternative was chosen as the preferred alternative. One advantage to this alternative is that it significantly decreases the impact of the project on the two affected properties. The project is currently inCfinald ign p th exception of needing to acquire easements from two proper ro se 'mprove nts can be constructed within the existing street right-of-way. as begun the easemen acquisition process, reviewing the proposed improvements with the affected property owners, and obtaining appraisals for the easements. Offers based on the appraised value of the property have been presented to the property owners. Although staff is continuing to negotiate with the affected property owners, it is possible that one or both of the easements will have to be acquired by eminent domain. Based on the anticipated start date for construction and the amount of time required for eminent domain proceedings, it is necessary to take the first step ' e d ss. taff has advised the affected property owners that it is not us the a o e use of eminent domain at the same time as negotiations are in pl e. ope wners have been assured that it is the City's intention to continu ai i for ements. At this time, easements must be acquired from the following property owners: Barbara M. Solfermoser Family Trust 1000 E. Laurel Springer-Fisher,Inc. West of Lemay/North of Riverside Staff recommends that Council authorize the use of eminent domain to acquire easements from these two property owners. The property owners have been notified that the City Council will be considering this recommendation.