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Home My WebLink AboutCOUNCIL - 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 _ ",I 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