HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2005 - SECOND READING OF ORDINANCE NO. 057, 2005, AUTHORI ITEM NUMBER: 34
AGENDA ITEM SUMMARY DATE: July5, 2005
FORT COLLINS CITY COUNCIL STAFF: Dean Saye
Helen Matson
SUBJECT
Second Reading of Ordinance No. 057, 2005, 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 -East Vine Diversion Channel.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
The design portion of the Dry Creek Drainage Improvements Project('Project")began in 2003. The
construction of the Project began in April 2005 with completion scheduled for 2006. The total
project involves a combination of sub-projects in the upper,middle and lower basins of Dry Creek
with the goal of reducing the likelihood of flooding in Fort Collins and Latimer County.
The approval of this Ordinance,which was adopted 4-2 (Nays: Councilmembers Ohlson and Roy)
on First Reading on May 17,2005,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. Staff is hopeful that all acquisitions will
be accomplished by agreement.
ORDINANCE NO. 057, 2005
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 - EAST VINE DIVERSION CHANNEL
WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the
"Project") is scheduled to start in 2005; and
WHEREAS, the Project includes modifications to Douglas Lake spillway, 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 to carry stormwater
flows from the Larimer & Weld Canal to near the confluence of Dry Creek and the Poudre River;
and
WHEREAS, it is necessary for the City to acquire certain property rights hereinafter
described in the incorporated exhibits 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" and `B", 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 17th day of
May, A.D. 2005, and to be presented for final passage on the 5th day of July, A.D. 2005.
May
ATTEST:nn
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City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2005.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: May 17, 2005
FORT COLLINS CITY COUNCIL STAFF: Dean Saye
Helen Matson
SUBJECT , P
First Reading of Ordinance No. 057, 2005, 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- East Vine Diversion Channel.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Property acquisition costs fort const io4of",* a Ifree ainageImprovementsProjectwill
be covered by available project ds ro for the P ject consist of$1,700,000 in 2003,
$3,000,000 in 2004 and $3,400,0 0 in 200 .
EXECUTIVE SUMMARY
The design portion of the Dry Creek Drainage Improvements Project("Project")began in 2003. The
construction of the Project began in April 2005 with completion scheduled for 2006. The total
project involves a combination of sub-projects in the upper, middle and lower basins of Dry Creek
with the goal of reducing the likelihood of flooding in Fort Collins and Larimer County.
The approval of this ordinance 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. Staff is hopeful that all acquisitions will
be accomplished by agreement -"
Staff intends to follow the sta rd Cif ocquio rocess: {
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.
2. Staff will attempt to meet with each property owner onsite, and may include the appraiser
in this meeting.
May 17, 2005 -2- Item No. 14
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 g d-f h e 113; c ble agreement.
5. Staff will inform the triers th ^t they al .w ys have e right to consult with their own
appraiser and/or attome " y time m the process.
BACKGROUND
Dry Creek, a tributary to the Poudre River, extends from the Wyoming border to where it joins the
Poudre River near the intersection of Mulberry Street and Timberline Road. The Dry Creek Basin
("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.
The 100-year floodplain and floodway were originally mapped as part of a Federal Emergency
Management Agency("FEMA" loI ce i 79 revised in 1996. The original
master plan was completed in 0.In 2,Fo C li h i mapped a revised floodplain and
floodway for portions of the sin as rt of c prehensi update of the City's stormwater
master plan. The floodplain an flo a ap refl t the higl 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 Lake spillway, 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 to carry stormwater flows from the
Larimer&Weld Canal to near the confluence of Dry Creek and the Poudre River. Sub-projects in
the lower basin are currently in the final design phase. In the lower basin one of these sub-projects,
the East Vine Diversion Channel, requires the purchase of a permanent storm water and access
easement and a temporary construction 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 inter ts"nefded`in"�t n on uction of the sub-project, it is
necessary to initiate the first st of the e nent m n ce including passage of this ordinance
authorizing acquisition by emi nt doh . Staff s advise e affected property owners that it
is not unusual for the City to aut rite the"xse rf a ent do "in 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.
ATTACHMENTS
1. Vicinity Map