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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/20/2004 - SECOND READING OF ORDINANCE NO. 116, 2004, AUTHORI ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: July20, 2004 FORT COLLINS CITY COUNCIL STAFF: Dean Saye Paul Yarborough SUBJECT Second Reading of Ordinance No. 116, 2004, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Dry Creek Drainage Improvements Project. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was adopted 5-0 (Councilmembers Hamrick and Roy were absent) on First Reading on July 6, 2004,does not automatically result in the filing of a petition in eminent domain; it simply allows staff to use the process if good faith negotiations fail to result in an agreement between the City and affected property owners. ORDINANCE NO. 116, 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 DRY CREEK DRAINAGE IMPROVEMENTS PROJECT WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the "Project") is scheduled to start in 2004; and WHEREAS,the Project includes modifications to Douglas Reservoir Dam,construction of two detention ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from Reservoir#4 to Terry Lake,and construction of open channels carry the flow from the Larimer&Weld Canal to the Poudre River; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described for the purpose of constructing the Project; 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 property rights is desirable and necessary for the construction of the Project,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 attached Exhibits"A"through"E",copies of which are on file in the office of the City Clerk and incorporated herein by this reference,for the purpose of constructing the Project. 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 finds, in the event that acquisition by condemnation of the property rights described in this Ordinance is commenced, that immediate possession is necessary for the public safety and welfare. Introduced, considered favorably on the first reading and ordered published this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004. Mayor A EST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 29 AGENDA ITEM SUMMARY DATE: July 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Dean Saye Paul Yarborough SUBJECT First Reading of Ordinance (17 4, t n quisition by Eminent Domain Proceedings of Certain Lands r the n n o lic Improvements in Connection with the Dry Creek Drainagert is Pr ec RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Property acquisition costs fort construion oche ry Creek ainage Improvements Project will be covered by available project .Appfopn'ati or the ct consist of$1,700,000 in 2003, $3,000,000 in 2004, and future appropriations of$3,400,000 in 2005. EXECUTIVE SUMMARY The design portion of the Dry Creek Drainage Improvements Project("Project")began in 2003. The construction of the Project is currently scheduled to start in 2004 with completion scheduled in 2005. The total project involves a c ina f su ry er, middle and lower basins to reduce the likelihood of floo g. This Ordinance does not automatica ly resu t in thf a petition in eminent domain;it simply allows staff to use the process if good faith negotiations fail to result in an agreement between the City and affected property owners. Staff is hopeful that all acquisitions will be accomplished by agreement. Staff intends to follow the standard City acquisition process: 1. Staff will conduct an internal value finding. If the preliminary valuation of the property indicates that the value of the property to be acquired exceeds $5,000 staff will order an appraisal from a certified appraiser. July 6, 2004 -2- Item No. 29 2. Staff will attempt to meet with each property owner onsite,and may include the appraiser in this meeting if appropriate. 3. Staff will mail and/or hand deliver letters of intent to the owners with written offers based on the internally prepared value findings or appraisals. 4. Staff will negotiate in good faith to reach a mutually acceptable agreement. 5. Staff will inform thrat ha l he fight to consult with their own appraiser and/or alto ain). a oc 4W BACKGROUND Dry Creek, a tributary to the Poudre River,extends from near the Wyoming border to where it joins the Poudre River near the intersection of Mulberry Street and Timberline Road. The Dry Creek Basin is approximately 23 miles long and six miles wide, encompassing approximately 62 square miles. The upper and middle portions of the basin are primarily used as rangeland, irrigated hay meadows and pastures. The majority of the lower basin is developed for commercial,industrial and residential uses. waa° The 100-year floodplain andkdway e on mapped s part of a FEMA Flood Insurance Study in 1979 and revised in e o m plan ompleted in 1980. In 2002,Fort Collins Utilities mapped a revised floodplain and floodway for portions of the basin as part of a comprehensive update of the City's stormwater master plan. The floodplain and floodway map reflect the higher rainfall standard adopted by City Council in 1999. Dry Creek is a FEMA- designated floodplain and is subject to the City's floodplain regulations. The total project includes modifications to Douglas Reservoir Dam, construction of two detention ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from Reservoir#4 to Terry Lake,and c cti op n c stormflows from the Latimer &Weld Canal to near the con nce o Cre a th o e fiver. Sub-projects in the middle basin are currently in the fina esign p se. I le ba one of these sub-projects, Flood Control Basin #2,requires the h o eP entstorm;: atereasement,apermanentaccess easement, a permanent improvement easement, a temporary construction easement and possibly a temporary access easement from a private property owner. Staff has initiated the negotiation and education process and is reviewing the proposed improvements with the affected property owners. However,to ensure that the City will be able to secure all of the property interests needed in time to begin construction of the project, it is necessary to initiate the first step of the eminent domain process,including passage of this Ordinance authorizing acquisition by eminent domain. Staff has advised the affected property owners 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.