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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/02/2001 - SECOND READING OF ORDINANCE NO. 147, 2001, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 10 DATE: October 2, 2001 FORT COLLINS CITY COUNCIL Ron Mills STAFF: Susan Hayes SUBJECT: Second Reading of Ordinance No. 147, 2001, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Glenmoor Detention Pond in the Canal Importation Basin. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: The proposed Glenmoor Detention Pond is a component of the Canal Importation Basin Master Drainage Plan, recently adopted by City Council (Ordinance No. 121, 2001). The property lies along the Plum Channel north of West Elizabeth and just to the east of Taft Hill Road and is approximately 4.92 acres in size. This detention pond will provide needed volume to slow flood flows and protect downstream properties from flooding. Although construction of the pond is not the highest priority in the basin, the property was already in the City's land development process for approval of 40 residential units. In order to ensure the property would be available to construct the pond, the City entered into negotiations with the property owner to purchase the land. The property owner does not object to selling the property to the City, however, the City and the property owner have been unable to reach agreement on the fair market value of the property. Appraisals by both the City and the owner have been completed. Both the City and the property owner have agreed eminent domain proceedings are the next logical step to allow the court to determine fair market value. Ordinance No. 147, 2001, was unanimously adopted on First Reading on September 18, 2001. AGENDA ITEM SUMMARY REM NUMBER: 16 DATE: September 18, 2001 FORT COLLINS CITY COUNCIL STAFF: Ron Mills Susan Hayes SUBJECT: First Reading of Ordinance No. 147, 2001, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Glenmoor Detention Pond in the Canal Importation Basin. A RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading U,au r-*N de FINANCIAL IMPACT: '' Property appraisals indicate that acquisihorFcdt§ can be covered by available funds should eminent domain become necess proceedings necessary.",These funds have been appropriated in the 2001 budget, �71� EXECUTIVE SUMMARY: n The proposed Glenmoor DetenttonPond is a component of the Canal Importation Basin Master Drainage Plan, recently adopted by Cii_y,.Coiincil3(Ordinance No. 121, 2001). The property lies along'the Plum Channel north of West Elizabeth and just to the east of Taft Hill Road and is approximately 4.92 acres in size.':This detention pond will provide needed volume to slow flood flows and protect downstream properties from flooding. Although construction of the pond is not the Ttghest priority in the basin, the property was already in the City's land development process ;approval of 40 residential units. In order to ensure the property would be available to construct* nd, the Citty-entered into negotiations with the property owner to purchase the land. The does not object to selling the property to the City, however, the City and the property ,e have been unable to reach agreement on the fair market value of the property. Appraisals by both the City and the owner have been completed. Both the City and the property owner have agreed eminent domain proceedings are the next logical step to allow the court to determine fair market value. Staff recommends that Council authorize the use of eminent domain to acquire the property from Akamai Development, Inc. The property owner has been notified that the City Council will be considering this recommendation.