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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2004 - SECOND READING OF ORDINANCE NO. 187, 2004, AMENDIN ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: December7, 2004 FORT COLLINS CITY COUNCIL STAFF: Matt Baker/ Basil Harridan SUBJECT Second Reading of Ordinance No. 187,2004,Amending 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 With Ordinance No. 050, 2004, Council granted authorization to allow the City to begin condemnation proceedings if the continuing negotiations are not successful. The City has continued good faith negotiations with the property owners to acquire the property. As a result of these negotiations,there have been several minor changes to the construction details of the improvements. These minor changes affect the amount of property required for the storm water drainage easement, reduce the area of a planned vehicle turn around on the maintenance road, and reduce the slope easement required for the Ziegler Road embankment. In addition, the property owners have requested that the City act as intermediaries for other drainage and utility easements required by the Rigden Farm development for its Sixth Filing. To accommodate these changes and at the property owner's request,staff has prepared revised legal descriptions for the eminent domain process. This Ordinance, which was unanimously adopted on First Reading on November 16, 2004, amends Ordinance No. 050, 2004 by revising the legal descriptions of the easements. ORDINANCE NO. 187, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING 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 WHEREAS, on April 6, 2004, the Council adopted Ordinance No. 050, 2004, authorizing acquisition by eminent domain certain property interests necessary for the construction of the Stormwater Utility Drainage Outfall for the North Tributary System and the Street Oversizing Ziegler Road Realignment Project ("Project"); and WHEREAS,as a result of certain adjustments to the details of the construction plans for the Project,the City must modify the legal descriptions for certain easements and other property interests and add additional legal descriptions for other property interests for the Project; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said property from the owner thereof; and WHEREAS, the acquisition of the identified property is desirable and necessary for the construction of the Project, is in the public interest and enhances the public health, safety and welfare; and WHEREAS, the acquisition of such property 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 Ordinance No. 050,2004 is hereby amended to add and incorporate the property interests described in the attached Exhibits"T"to Exhibit"00",attached Amended Exhibit "B",Amended Exhibit"C",Amended Exhibit"D",together with all references to Exhibits"A"and Exhibits "E" to Exhibit "S" in said Ordinance. Section 2. That Ordinance No. 050,2004 be otherwise unaltered and remain in full force and effect, as amended hereby. Introduced, considered favorably on first reading, and ordered published this 16th day of November,A.D.2004,and to be presented for final passage on the 7th day of December,A.D.2004. i Mayor ATTEST: 4UA A�,L �'hA City Clerk Passed and adopted on final reading this 7th day of December, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: November 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Matt Baker/ Basil Hamden t SUBJECT First Reading of Ordinance No. 187, 2004, Amending 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 First Reading. FINANCIAL IMPACT The acquisition costs will be c red e ' gerFarm De lopment, even if condemnation is required. A letter of credit in the amount of 60,01een posted by the developer to guarantee funding. If condemnation is required, these funds will be appropriated into the Street Oversizing Fund. EXECUTIVE SUMMARY With Ordinance No. 050, 2004, Council granted authorization to allow the City to begin condemnation proceedings if the continuing negotiations are not successful. The City has continued good faith negotiations with the property owners to acquire the property. As a result of these negotiations,there have been several minor changes to the construction details of the improvements. These minor changes affect th"roerty red for the storm water drainage easement, reduce the area of a planned tce road, and reduce the slope easement required for the ZiIn ition, the property owners have requested that the City act as innage d utility easements required by the Rigden Farm development for its Sixth Filing. To accommodate these changes and at the property owner's request,staff has prepared revised legal descriptions for the eminent domain process. This Ordinance amends Ordinance No. 050,2004 by revising the legal descriptions of the easements. November 16, 2004 -2- Item No. 24 BACKGROUND A stormwater drainage easemread ' OE h. ut outfall across property east of CR 9 owned by Ed McDowe to w ter pipe drains areas of existing Parkwood,Parkwood East, ang oods. stallation of this storm water pipe across Timberline Road was dr y flood operty 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 Rigden Farm development project, Sixth Filing, has been 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 development project to design and construct these regional drainage improvements. The Street Oversizing Program has also been working with the development project to obtain the right-of-way necessary to construct Ziegler Road from Drake to Horsetooth on anew alignment west of the FCRID. This new alignment will meet minor arterial standards and eliminate the current substandard roadway with narrow one lane bridges. The Rigden Farm, Sixth Film nd the deh�1 e ent uire the drainage easement before the developments are able top ceed. ' e Ri e arm dev oper has been negotiating with the McDowells for over two years t success. St ff has tri -to facilitate the conclusion of the negotiations between the property owners for the last four months, however no progress has been made. The negotiations are amicable and staff continues to work with all parties and is hopeful that acquisition will be accomplished by agreement. In accordance with Resolution 2001-040, 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. Staff analyses of the guidelines for requesting this action areas follows: There is a sufficient public purpose to justify the acquisition 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 doVese eedin s are not bein commenced primarily to advance a private interest or private use. e f ili s i existing neighborhoods as well as future development. The developer has, to the maximum extent possible, redesigned the project to alleviate or minimize the need for the proposed easement or right-of-way. The development project has worked in conjunction with the City on the design of these facilities and has taken the burden of the realignment of Zeigler Road entirely on its property. November 16, 2004 -3- Item No. 24 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 for over two years and has not been successful. The improvements for which tka me or ri t - a eded will be utilized by more than one person,partnership or othse a are a ary to co ect the proposed development with existing infrastructure, suchspo r, sewe , or other utilities. The proposed drainage improvements are needed by Ridgen and Sidehill developments as well as existing neighborhoods. The transportation improvements will alleviate a substandard roadway where two fatalities have occurred and make an important arterial roadway connection. 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 amount of$60,000 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 fights-of-way have benefit to the City at large and would require acquisition in the near fC a ith t de to a projects going forward with this request. In order for the eminent domain authority granted by the City Council in April to conform to the current project plans, staff is asking that Council approve this Ordinance revising the legal descriptions. City staff believes with this amendment, a willing possession and use and sale agreement could be reached with the owner.