HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/17/2004 - SECOND READING OF ORDINANCE NO. 124, 2004, AUTHORI ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: August 17, 2004
FORT COLLINS CITY COUNCIL STAFF: Ralph Campano
Bob Smith
Kathleen Reavis
SUBJECT
Second Reading of Ordinance No. 124, 2004, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection
with the Manhattan Regional Detention Pond and the Mason Transportation Corridor
Bike/Pedestrian Trail.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
The Manhattan Regional Detention Pond Project will provide needed stormwater detention in a
predominately mature and built-out residential and business area which is at risk in a 100 year flood.
In addition,the Mason Transportation Corridor Bike/Pedestrian trail can be built concurrently with
a berm for the Manhattan Regional Detention Pond. Although negotiations are continuing and
expected to be successful, eminent domain proceedings must begin in order to assure all necessary
property interests are obtained in a timely manner. Ordinance No. 124, 2004, was unanimously
adopted on First Reading on July 20, 2004.
ORDINANCE NO. 124, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE MANHATTAN
REGIONAL DETENTION POND PROJECT AND A PORTION OF THE
MASON TRANSPORTATION CORRIDOR Bl10E/PEDESTRIAN TRAIL
WHEREAS,the construction of the Manhattan Regional Detention Pond Project("Project")
and the Mason Transportation Corridor Bike/Pedestrian Trail Improvement Project ("Trail") are
scheduled to start in 2004; and
WHEREAS, the Project includes the construction of a regional detention pond which will
decrease flooding of the New Mercer Ditch and spilling of water over the Burlington Northern
Railroad tracks and onto Mason Street; and
WHEREAS, a portion of the Trail alignment is located on the berm of the Manhattan
Regional Detention Pond; and
WHEREAS,in order to most efficiently utilize resources and maximize cost savings,a berm
required for the regional detention pond should be constructed prior to or concurrently with the
construction of the Trail; and
WHEREAS, it is necessary for the City to acquire certain property rights hereinafter
described for the purpose of constructing the Project and Trail; and
WHEREAS, the City will negotiate in good faith for the acquisition of said property rights
from the owners thereof; and
WHEREAS,the acquisition of the above-described property rights is desirable and necessary
for the construction of the Project and Trail,is in the City's best interest and enhances public safety
and welfare; and
WHEREAS, the acquisition of such property rights may, by law,be accomplished through
proceedings in eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the
public interest to acquire the property rights described on Exhibit "A", attached hereto and
incorporated herein by this reference, for the purpose of constructing the Project and Trail.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the said property rights for the City by eminent domain
proceedings.
Section 3. The City Council hereby finds that, in the event that acquisition by
condemnation of the property rights described in this Ordinance is commenced, immediate
possession is necessary for the public safety and welfare.
Introduced,considered favorably on the first reading and ordered published this 20th day of
July, A.D. 2004, and to be presented for final passage on the 17th day of August, A.D. 2004.
W
Mayor
A'LTEST:
— laL�q) --� - -". —
City Clerk
Passed and adopted on final reading this 17th day of August, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: July 20, 2004
FORT COLLINS CITY COUNCIL STAFF: Ralph Campano
Bob Smith
Kathleen Reavis
SUBJECT
First Reading of Ordinance N 2 u e isition by Eminent Domain
Proceedings of Certain Lands cess r the n c n lic Improvements in Connection
with the Manhattan Regio 1 Dete 'on the ason Transportation Corridor
Bike/Pedestrian Trail.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Property acquisition funds are lab art t Manhatt Regional Detention Pond Project.
EXECUTIVE SUMMARY
The Manhattan Regional Detention Pond Project will provide needed stormwater detention in a
predominately mature and built-out residential and business area which is at risk in a 100 year flood.
In addition,the Mason Transportation Corridor Bike/Pedestrian trail can be built concurrently with
a berm for the Manhattan Regional Detent' n Pond. Although ne otiations are continuing and
expected to be successful,emth tdofnajj- pro ed gs u e order to assure all necessary
property interests are obtainea tim man
BACKGROUND
The Manhattan Regional Detention Pond Project("Project")is in the Mail Creek Basin,and located
east of Manhattan Avenue, between that street on the west and the New Mercer Ditch on the east,
approximately a quarter mile south Horsetooth Road. In the event of a 100 year flood, the Project
will restrict the overtopping of the New Mercer Ditch,reduce the amount of stormwater overtopping
the Burlington Northern Railroad tracks to the east, and the flooding of Mason Street and other
properties along the street right-of-way. The affected area consists of primarily built-out residential
and commercial areas.
July 20, 2004 -2- Item No. 25
In October 2000, the City Council approved the overall Master Plan for the Mason Transportation
Corridor ("MTC"), including the Bus Rapid Transit alternative and bicycle/pedestrian trail
improvements. The MTC is a five and 1/2 mile north-south byway within the City of Fort Collins
which extends from Cherry Street on the north to approximately 3/4 mile south of Harmony Road.
Long term, the MTC is envisioned as a transportation corridor that will enhance opportunities for
pedestrians, bicyclists, and transit riders. The MTC will offer choices for improved mobility and
benefit all modes of transportation.
The Project includes the construction of a berm along the eastern edge of the detention pond which
is in the same location as the alig. of e' ' C 'ke/$ed striang-rail. Construction of the berm
before or concurrently with th `onstru no t t 1 1 oth cost effective and an efficient
use of resources for both the ens r d an h rail proje
Staff has been in negotiations with the property owner since the Spring of 2003,and expects to reach
a satisfactory and mutual agreement with the owner to secure the necessary property interests.
However,it is necessary to initiate the eminent domain process,including passage of this ordinance
authorizing acquisition by eminent domain, if a satisfactory agreement is not secured. Staff has
advised the affected property owner that it is not unusual for the City to authorize the use of eminent
domain at the same time as negotiations are taking place and that it is the City's intention to
continue good faith negotiations for the property interests.
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