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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/17/2005 - FIRST READING OF ORDINANCE NO. 057, 2005, AUTHORIZ ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: May 17, 2005 FORT COLLINS CITY COUNCIL STAFF: Dean Saye Helen Matson 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 for the construction of the Dry Creek Drainage Improvements Project will be covered by available project funds. Appropriations for the Project consist of$1,700,000 in 2003, $3,000,000 in 2004 and $3,400,000 in 2005. 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 standard City acquisition process: 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 good faith to reach a mutually acceptable agreement. 5. Staff will inform the owners that they always have the right to consult with their own appraiser and/or attorney at any time in 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")Flood Insurance Study in 1979 and revised in 1996. The original master plan was completed in 1980. In 2002,Fort Collins Utilities mapped a revised floodplain and floodway for portions of the Basin as part of a comprehensive update of the City's stormwater master plan. The floodplain and floodway map reflect the higher 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 interests needed in time to begin construction of the sub-project, it is necessary to initiate the first step of the eminent domain process,including passage of this ordinance authorizing acquisition by eminent domain. Staff has advised the affected property owners that it is not unusual for the City to authorize the use of eminent domain 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 t , ATTACHMENT ? o- k 2 7 ya. � � t LL Z WF- ar' � O > , . m f W � W xr rg✓ ,. Q � M s � t W et£"" d � +t Mr � '•� �` ' jv2�tu'v� a U Z J O Q w w > w 0 J W w z Y w Q � W w Y .y Q «+ 0 > a X 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 7th day of June, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of June, A.D. 2005. Mayor ATTEST: City Clerk 6tantecOnsultingInc. EXHIBIT "A" r 209 South Meldrum Street Fort Collins CO 80521-2603 Tel:(970)482-5922 Fax:(970)482-6368 starkec.com Stantec DESCRIPTION A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows; Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being monumented at the Northwest Corner of Section 6 by a 3 ''/4" brass cap in range box stamped"PLS 20123 , 1989" , and at the West '/4 corner of Section 6 by an illegible 3 '/4" cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear, South 00°34'01" West , with all bearings herein relative thereto; COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01" West, 1971.13 feet along the West line of the Northwest Quarter of said Section 6, to the Southwest Comer of the North Half of the South Half of the North Half of said Section 6 as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of the records of Latimer County, Thence North 89°41'31" East, 2715.48 feet along the South line of the North Half of the South Half of the North Half of said Section 6, to the Southeast Corner of said Lindenwood Second Filing, also being the Southwest Corner of Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Latimer County; Thence North 89°41'31" East, 1189.55 feet along the South line of the North Half of the South Half of the North Half of said Section 6 and the South line of said Lindenwood Third Filing, to the Northwest Corner of that parcel described at Reception No.99038798, of the records of Larimer County; Thence South 00°53'29" West, 10.70 feet along the West line of said Rec No. 99038798 to and existing fence, and the TRUE POINT OF BEGINNING, Thence South 00°53'29" West, 76.47 feet along the Westerly line of said parcel described at Rec. No. 99038798 of the records of Larimer County; Thence departing said Westerly line North 88°05'26" East, 400.45 feet; Thence North 88°45'09" East, 91.80 feet; Page 1 of 3 `16—nfec Thence North 75106'21" East 149.46 feet; Thence North 62011'16"East, 79.74 feet; Thence South 89°41'31" West, 229.61 feet; Thence South 16051'55" West, 6.67 feet to an existing fence running in a Easterly and Westerly; Thence South 89'10'12" West, 474.29 feet along said fence running Easterly and Westerly to the TRUE POINT OF BEGINNING• The above-described tract contains 1.028 acres, more or less, and is subject to all easements and rights of way of record or existing. Thomas W. Nicholas Colorado Professional Land Surveyor Registration Number 28657 V:\52871flactive\survey\EXHIBITS\187310058\EXHIBIT A WEISSrev31405.doc :` ;'BPS W'N/C• November 15,2004 kjl/twn Revised: January 26,2005 C �i = 28657 4c Revised: March 07,2005 L �'� co ;Q Revised: March 10, 2005 Revised: March 14,2005 41�, S/ '••.��;:f .`� e��iONgB�m7t> Page 2 of 3 VA5287I F,:yctf.e\survey\EXHIBITS\187310058\187310058v-eH001rrv-Vviss1.031405.d.g 03/14/2005 012143 PM HST 5Q1 if_ z S00'34'01" W 1971,13' —(BASIS OF BEARINGS) V zm�z0 WESfi LINEOF TF7E..—_ ^' m _ o NW OUARTER I;,z A N N N i c,u SEC 6 T7N R68W u F F O O II I m SOUTHEAST CORNERm O LINDENWOOD ma o SECOND FILING uomwm mnn BK 1399, PG 481 o '=9 y mu3 0 am , Z r z zo a b mom M Ul ONO 2r,2,, II m '°mmm3 oOfmya f rsDR D m O ITT 0D o i b m Z m N 1A 0 VIZ Z Z Z 1/1 r b m Ot m Of V m 00 0 Z z O (li bNOI � b OIb � m lm y f ELF Fen rri rri rnF S m z r a m o O b OV Z N O F O J N V A m A G7 S, G O� O,� Am OUr �! S Iry m00 D m r. 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EXHIBIT "B" �. 209 South Meldrum Street Fort Collins CO 80521-2603 Tel:(970)482-5922 Fax:(970)482-6368 statltec.com At r1doll1k, Stantec DESCRIPTION A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows; Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being monumented at the Northwest Corner of Section 6 by a 3 '/4 "brass cap in range box stamped "PLS 20123 , 198911 , and at the West %4 corner of Section 6 by an illegible 3 '/4" cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear, South 00°34'01" West , with all bearings herein relative thereto; COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01" West, 1971.13 feet along the West line of the Northwest Quarter of said Section 6, to the Southwest Corner of the North Half of the South Half of the North Half of said Section 6 as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of the records of Larimer County, Thence North 89°41'31"East, 2715.48 feet along the South line of the North Half of the South Half of the North Half of said Section 6, to the Southeast Corner of said Lindenwood Second Filing, also being the Southwest Corner of Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Larimer County; Thence North 89°41'31"East, 1189.55 feet along the South line of the North Half of the South Half of the North Half of said Section 6 and the South line of said Lindenwood Third Filing, to the Northwest Comer of that parcel described at Reception No.99038798, of the records of Larimer County; Thence South 00°53'29" West, 87.18 feet along the West line of said parcel to the TRUE POINT OF BEGINNING, Thence departing said West line North 88°05'26" East 400.45 feet; Thence North 88°45'09"East, 91.80 feet; Page 1 of 3 SMntec Thence North 75°06'21" East 149.46 feet; Thence North 62°11'10"East, 79.74 feet to the aforementioned South line of the North Half of the South Half of the North Half of said Section 6, and the South line of said Lindenwood Third Filing; Thence along said South line,North 89°41'31"East, 33.21 feet; Thence South 25°06'22" West, 24.31 feet; Thence South 62°11'10" West, 93.20 feet; Thence South 75106'21" West, 156.45 feet; Thence South 88°45'09" West, 95.22 feet; Thence South 88°05'26" West, 401.75 feet to the aforementioned West line of that parcel described at Reception No. 99038798; Thence North 00°53'29" East, 30.04 feet along said West line to the TRUE POINT OF BEGINNING; The above-described tract contains 0.514 acres,more or less, and is subject to all easements and rights of way of record or existing. 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