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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/20/2007 - SECOND READING OF ORDINANCE NO. 010, 2007, AUTHORI ITEM NUMBER: 6 AGENDA ITEM SUMMARY DATE: February 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Jay Rose Pat Hyland SUBJECT Second Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings of Flood Plain Easements for the Fossil Creek Drainage Project. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY The present City 100-year floodplain boundary near Trilby Road and the Union Pacific Railroad right-of-way encompasses 105 homes presently constructed in the Paragon Point and Stanton Creek subdivisions. All 105 of these homes will be removed from the 100-year floodplain by the construction of two(2) 120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creek, just south of Trilby Road. In addition, the risk of a catastrophic failure of the railroad embankment and resulting damage to homes downstream will be reduced. The collateral effect of these new culverts through the railroad embankment will cause an increased 100-year floodplain impact to two(2)landowners downstream of those new culverts. City staffhas conducted several meetings and communications with the landowners and will continue these efforts into the future in order to obtain a settlement by mutual agreement. This Ordinance, unanimously adopted on First Reading on February 6,2007, authorizes the City to acquire the property rights for the City by eminent domain in case no agreement can be reached regarding the acquisition of these two (2) 100-year flood plain easements from the landowners. ATTACHMENTS 1. Copy of the First Reading Agenda Item Summary- February 6, 2007. ATTACHMENT 1 ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL FF: Jay Rose Pat Hyland SUBJECT First Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings of Flood Plain Easements for the Fossil Creek Drainage Project. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The acquisition costs will be c ered by e pro t t, e if condemnation is required. The project is funded by Stormwate tilityak' thr gh a Storm ter Capital Improvement Program. If condemnation is required, fun a avai e i projec dget. EXECUTIVE SUMMARY The present City 100-year floodplain boundary near Trilby Road and the Union Pacific Railroad right-of-way encompasses 105 homes presently constructed in the Paragon Point and Stanton Creek subdivisions. All 105 of these homes will be removed from the 100-year floodplain by the construction of two(2) 120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creek, just south of Trilby Road. hi addition, the risk of a catastrophic failure of the railroad embankment and resulting damage to homes downstream will be reduced. The collateral effect of these new culverts through the railroad embankment will cause an increased 100-year floodplain impact to two (2) landowners downstream of those new culverts. City staff has conducted several meetings and 1 w and will continue these efforts into the future in order to ain a ttlem T to eement. An eminent domain authorization is proposed for sidera n by ncil i ase no agreement can be reached regarding the acquisition of thes (2) ad plal ements from the landowners. BACKGROUND In the aftermath of the 1997 flood,the City of Fort Collins adopted a new and expanded floodplain along Fossil Creek. This new floodplain was based on updated rainfall data in the Fort Collins area February 6, 2007 -2- Item No. 26 and represents the most accurate estimate of potential flooding based on accepted Civil Engineering practices. The new floodplain had the result of placing 105 homes in the Paragon Point and Stanton Creek Subdivisions in the 100-year floodplain. The Fossil Creek Basin Stormwater Master Plan, adopted by Fort Collins City Co ' 2 , c d e struction of two new 120-inch diameter culverts through the ion P c Ra o t on Fossil Creek south of Trilby Road. The single existing cul rt throu the lr emb ent does not have the capacity to pass the peak flow from a 100 ye h dditio apacity,severe flooding of homes can be expected in Paragon Point and Stanton Creek Subdivisions by water backing up behind the railroad embankment. Another risk is the catastrophic failure of the railroad embankment that would damage and flood homes and property downstream. The two new proposed culverts will allow a higher rate of flow through the railroad embankment and reduce the level of flooding upstream of the railroad embankment. Construction of the two Master Planned 120-inch culverts will remove all 105 homes from the 100 year floodplain. In addition, the new culverts will be constructed five feet above the existing creek bed and will only activate during large flood events. This will result in no year in, year out impact to the wetlands and natural environment along the creek. Due to the increased rate of floodwater flow through the railroad embankment during a 100-year storm,the project will result in some increases in the 100-year floodplain downstream of the railroad embankment. As a result of the proposed flood prevention project, two private properties east of Timberline Road and adjacentCodplai, Cr s v increased 100-year floodplain. The increase in the 100-year n on r e is 5 acres and on the other property 0.284 acres. Neither property elop n n the pr osed floodplain easements. Both landowners were approached by staff in August 2006 to discuss the flooding issues, the impacts on their property, and floodplain easement issues. Since that time communication has continued with the landowners,including additional meetings,responding to requests for additional information, many subsequent letters, the City providing a survey on their properties showing the proposed easements, and numerous telephone conversations. Independent appraisals for the floodplain easements were completed and offers were made based on the appraisals. To date, no agreement has been reached with either landowner in the resolution of this floodplain easement issue. Staff is asking for authorization to use eminent domain to acquire the two 100-year floodplain easements if further good faith negotiations with the land owners fail. Staff would always prefer to negotiate a mutual settlement and agreement for the acquisition of these easements and will continue to work towards that e Construction of the new prop d cult' s thr Pe nio acific Railroad Embankment will result in a very significant red m eaodi f homes along Fossil Creek and therefore, staff recommends adoption of the Ordinance on the First Reading. ATTACHMENTS 1. Location Map. 2. Floodplain Map (present and after construction). ORDINANCE NO. 010, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN FLOOD PLAIN EASEMENTS NECESSARY TO CONSTRUCT THE FOSSIL CREEK DRAINAGE PROJECT WHEREAS, construction of the Fossil Creek Drainage Project(the"Project")is scheduled to start in the early part of 2007; and WHEREAS, the Project includes constructing two large culverts under the Union Pacific Railroad right-of-way embankment south of Trilby Road during the driest season of the year; and WHEREAS, the Project will result in boundary changes of the 100-year flood plain so that more than one hundred(100) homes will be removed from that 100-year flood plain; and WHEREAS, the Project construction requires that the City acquire certain flood plain easements (the "Property Rights"), described on Exhibit "A"and Exhibit "B" attached hereto and incorporated herein by this reference (the "Exhibits"); and WHEREAS, the City will negotiate in good faith with the owners for the acquisition of the Property Rights; 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 will enhance the public health, safety, and welfare; and WHEREAS, the acquisition of such Property Rights may,by law,be accomplished through proceedings ineminent 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 the Exhibits 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 Property Rights for the City by eminent domain. Section 3. That the City Council hereby finds that, in the event acquisition of the Property Rights by eminent domain is commenced,immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2007, and to be presented for final passage on the h day of February, A.D. 2007. May ATTEST: City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk