Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2004 - SECOND READING OF ORDINANCE NO. 050, 2004, AUTHORI ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: April 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Matt Baker Basil Hamdan SUBJECT Second Reading of Ordinance No. 050, 2004, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Stormwater Utility Drainage Outfall for the North Tributary System and the Street Oversizing Ziegler Road Realignment Project. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY A stormwater drainage easement is required for the North Tributary outfall across property east of CR 9 owned by Ed McDowell. The North Tributary Stormwater pipe drains areas of existing Parkwood, Parkwood East, and Meadows East neighborhoods. Installation of this storm water pipe across Timberline Road was done in 1999, and currently floods property owned by the Rigden Farm Development before spilling into the Fossil Creek Reservoir Inlet Ditch (FCRID), overtopping CR13 and draining into the Poudre River. The Street Oversizing Program has been working with the developer to obtain the right of way necessary to construct Ziegler Road from Drake to Horsetooth on a new alignment west of the FCRID. This new alignment will meet minor arterial standards and eliminate the current substandard roadway with narrow one lane bridges. Ordinance No. 050, 2004, was adopted 5-2 (Councilmember Hamrick and Roy were opposed) on First Reading on March 16, 2004. ORDINANCE NO. 050, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECTION WITH THE STORMWATER UTILITY DRAINAGE OUTFALL FOR THE NORTH TRIBUTARY SYSTEM AND THE STREET OVERSIZING ZIEGLER ROAD REALIGNMENT PROJECT WHEREAS, the Stormwater Utility Drainage Outfall for the North Tributary System and the Street Oversizing Ziegler Road Realignment Project ('Project") is scheduled to start in the Fall of 2004; and WHEREAS, the Project impacts existing developments (Parkwood, Parkwood East, and Meadows East) as well as two new developments (Ridgen Farm and Sidehill) which have been working with the City on regional drainage improvements and includes a new alignment of Ziegler Road from Drake Road to Horsetooth Road that will improve and upgrade a substandard roadway to meet minor arterial standards; and WHEREAS, it is necessary for the City to acquire certain properties hereinafter described for the purpose of constructing street, drainage and other related improvements in connection with the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of said properties from the owners thereof, and WHEREAS, the acquisition of the properties is desirable and necessary for the construction of the Project, is in the City's best interest and enhances the public health, safety and welfare; and WHEREAS, the acquisition of such properties may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED 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 real property described on Exhibits "A" through "S", attached hereto and incorporated herein by this reference, for the purpose of constructing the Project and other related improvements for the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said real property for the City by eminent domain proceedings. Section 3. The City Council finds, in the event that acquisition by condemnation of any parcel described in this Ordinance is commenced, that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 16th day of March, A.D. 2004, and to be presented for final passage on the 6th day of April, A.D. 2004. _,mayor `- ATTEST: �V�a City Clerk Passed and adopted on final reading this 6th day of April, A.D. 2003. Mayor ATTEST: City Clerk ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: March 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Matt Baker Beall Hamdan SUBJECT First Reading of Ordinance No. 050, 2004, Authorizing the Acquisition by Eminent Domain Proceedings of Certain LandCRealignti-Ij ss r n cti of Public Improvements in Connection with the Stormw rainfo orth Tributary System and the Street Oversizing Ziegler Ro RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The acquisition costs will beCere (oun)t Pse el ment, even if condemnation is required. A letter of cred0 be posted by the developer to guarantee funding. If condends f 11 be appropriated into the Street Oversizing Fund. EXECUTIVE SUMMARY A stormwater drainage easement is required for the North Tributary outfall across property east of CR 9 owned by Ed McDowell. The North Tributary Stormwater pipe drains areas of existing Parkwood, Parkwood East, and Meadows East nei hborhoods. Installation of this storm water pipe across Timberline Road as n n 9, n tl oods property owned by the Rigden Farm Development b ore spill g int h 1 C Reservoir Inlet Ditch (FCRID), overtopping CR13 and draini 'nto t e udr i r. The developer for Rigden Farm Sixth Filing is planning development of this flood affected property and has proposed a siphon structure to carry 100 year storm flows under the FCRID ditch and CR 9 and into an open channel to the Poudre River. As is standard practice, the Stormwater Utility has been working with the developer to design and construct these regional drainage improvements. The Street Oversizing Program has also been working with the developer to obtain the right of way necessary to construct Ziegler Road from Drake to Horsetooth on a new alignment west of the FCRID. This new alignment will meet minor arterial standards and eliminate the current substandard roadway with narrow one lane bridges. March 16, 2004 -2- Item No. 15 The developers of Rigden Farm Sixth Filing and the Sidehill development require the drainage easement before the developments are able to proceed. The Rigden Farm developer has been negotiating with the McDowells for over two years without success. Staff has tried to facilitate the negotiations of the property owners for the last four months, however no measurable progress has been made. The negotiations are amicable and staff continues to work with all parties and is hopeful that the acquisition will occur by agreement. In accordance with Resolution 2001-40, the Rigden Farm developers have requested the City exercise its eminent domain powers for the acquisition of the necessary drainage easement and Ziegler Road right-of-way. al Y equesting this action are as follows: There is a sufficient pu t£rp Iu the n by eminent domain. The drainage easement is necessary for a regional stormwater facility outfall. The roadway right-of-way is necessary for the construction of a City arterial road. Both easements will be dedicated to the City. It is clear that the eminent domain proceedings are not being commenced primarily to advance a private interest or private use. These will be City facilities serving existing neighborhoods as well as future development. The developer has, t e ' um to p z r esigned the project to alleviate or minimize a need r the o eas nt or right-of-way. The developer has worked conj on w t City on a design of these facilities and has agreed to allow align nt o igler R to occur entirely on their property. All reasonable offers have been made to obtain the easements and/or rights-of- way by private agreement and those efforts have been unsuccessful. Rigden Farms has been negotiating with the current owner for over two years and has not been successful. The improvements for the e r' -of- y are needed will be utilized by more than a per pan s o t e ity and are necessary to connect the propos devel ment i istin infrastructure, such as transportation, water, ew er tilities. The proposed drainage improvements are needed by Ridgen Farm Sixth Filing and Sidehill developments as well as existing neighborhoods. The transportation improvements will alleviate a substandard roadway where two fatalities have occurred, make an important arterial roadway connection, and remove two single lane bridges. The developer has entered into an agreement with the City, satisfactory in form and substance to the City Manager and the City Attorney, that sets forth the parties' respective rights and obligations related to the eminent domain proceedings, including, without limitation, a provision obligating the developer to pay all costs of the property acquisition, including all City costs related to said proceedings. The Rigden Farm developer will post a letter of credit in the March 16, 2004 -3- Item No. 15 amount of$60,000.00 to guarantee the payment of all costs should the City begin condemnation proceedings. The discretion to determine whether the criteria have been met rests solely with City Council. Staff believes acquisition of these easements and rights of way benefit the City at large and would require acquisition in the near future even without the development projects. This authorization will allow the City to begin condemnation proceedings if the continuing negotiations are not successful. All property owners and their attorneys understand that the City is taking this action and that s c t Vth negotiations to acquire the property without condemnati proce gs. P" ATTACHMENTS • Resolution 2001-040 Establishing a Policy for the Exercise of the City's Eminent Domain Powers in Conjunction with the Development of Private Property.