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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/07/2005 - POSTPONEMENT OF SECOND READING OF ORDINANCE NO. 05 ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: July 5, 2005 FORT COLLINS CITY COUNCIL STAFF: Dean Saye Helen Matson SUBJECT Postponement of 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, to July 5, 2005. RECOMMENDATION Staff recommends postponement of the Ordinance on Second Reading, to July 5, 2005. EXECUTIVE SUMMARY This item,which was originally scheduled for the June 7,2005 meeting has been postponed to July 5, 2005. Since Council approval of this item on First Reading on May 17, 2005, staff has been meeting with the Weiss' to discuss the project and their issues. Further meetings have been scheduled in the next couple of weeks,including a site inspection by the appraiser hired by the City. Staff will be using this extra time to continue to work with the Weiss' and to insure they understand the process and have sufficient notification of the July 5,2005 Council meeting for Second Reading consideration of the item. ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: May 17, 2005 FORT COLLINS CITY COUNCIL STAFF: Dean Saye Helen Matson f� SUBJECT 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 ion of he ; ree ainage Improvements Project will be covered by available prof ect nds.aA propr tints for the Pr�iect consist of$1,700,000 in 2003, $3,000,000 in 2004 and $3,400,0 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. r ' v" Staff intends to follow the sta ` rd CiWk uisitio rocess: ` 1. 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 rners fah a acceptable agreement. 5. Staff will inform the th they 1 ys have the right to consult with their own appraiser and/or attorney'a y ti e•inth cess. 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(,as o�d Inisu ce!>tvdy in.J;979 d revised in 1996. The original master plan was completed inn 2;` 2,Fo Cire Uti" i mapped a revised floodplain and floodway for portions of the rt of cprehensi update of the City's stormwater master plan. The floodplain anzva 111 the hig 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 ?eded in time;to begi u con truction of the sub-project, it is necessary to initiate the first st '.of:hi eminenA m in proce eluding passage of this ordinance authorizing acquisition by erm nt )m S l�s advise e affected property owners that it is not unusual for the City to aut e the ment 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