Skip to main content

AgendaQuick™

View Agenda Item

7.B.
City Council Meeting - FINAL
Meeting Date:
02/18/2020
From:
Charity Lee, Real Estate Manager

Information

TITLE:

Consideration and Adoption of Resolution No. 2020-05: A resolution of the Flagstaff City Council, authorizing the acquisition of real property interests necessary for the Rio De Flag Flood Control Project, confirming that the project is a public use for the benefit of the residents of the City of Flagstaff; providing for delegation of authority, condemnation authority, prior approval of purchases; and establishing an effective date

STAFF RECOMMENDED ACTION:

1) Read Resolution No. 2020-05 by title only
2) City Clerk reads Resolution No. 2020-05 by title only (if approved above)
3) Adopt Resolution No. 2020-05

Executive Summary:

The proposed resolution authorizes the acquisition of real property interests necessary for the Rio de Flag Flood Control Project, as shown in the attached legal descriptions.  The resolution will also delegate authority to the City Manager and staff to proceed with acquisition without any further need for Council approvals, as the City has been directed to obtain all such real property interests by the summer of 2020, and time is of the essence. We will be bringing additional resolutions and legal descriptions for the acquisition of property interests for the project as they are completed.

The City of Flagstaff has been working on the Rio de Flag Flood Control Project over the last 20 years to remove the 100-year floodplain from the Downtown area, Southside, and Northern Arizona University (NAU) campus.  A significant flood event could cause property damage to over 1,500 structures with an estimated cost of over one billion dollars. Over the years the City Council has approved agreements, ordinances, and stormwater fee increases supporting drainage and flood control projects and the continued cooperation with the U.S. Army Corps of Engineers (USACE). 

On February 10, 2020, the City of Flagstaff was informed that $52,000,000 has been programmed in USACE's civil works work plan in fiscal year 2020 for the construction of the Rio de Flag Flood Control Project in Flagstaff, Arizona. This money is the federal contribution toward the project.

Financial Impact:

The City will be paying property owners just compensation for the real property interests being acquired from them unless they choose to donate the property interests needed.  The City has started sending out offer letters to affected property owners.

Offers are based on the value determined by a third-party appraiser per federal project regulations and standard appraisal methodology.  The City will pay for the real property interests being acquired, account number 206-08-385-3236-0-4433. Properties are currently in the process of being appraised, a final cost for acquisitions is not available at this time. Not all appraisals have been completed, and a final cost for acquisitions is not available at this time.  The City of Flagstaff's financial contribution toward the project is approximately $36,000,000.

Policy Impact:

None

Connection to Council Goal, Regional Plan, CAAP, and/or Strategic Plan:

Council Goal 2017 – 2019 - Transportation and Other Public Infrastructure Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.

Council Goal 2017 – 2019 - Environmental and Natural Resources:  Actively manage and protect all environmental and natural resources.

Regional Plan – Policy WR 5
Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.

Team Flagstaff Strategic Plan – Foster a Resilient and Economically Prosperous City:
Deliver outstanding services through a healthy environment, resources and infrastructure.

Has There Been Previous Council Decision on This:

  • October 6, 1998, the City Council adopted Ordinance No. 1983 authorizing the acquisition of real property for flood control and to provide the opportunity for future development along the Rio de Flag and the Clay Avenue Wash.
  • August 4, 2009, the City Council adopted an Ordinance No. 2009-22 amending Ordinance No. 1983 to add parcels of real property for flood control and redevelopment within the Rio de Flag Flood Control Project.
  • January 2019, City Council approved the Stormwater Fee increase effective July 1, 2019, to pay for drainage and flood control projects.   
  • March 19, 2019, City Council award of a professional services contract with Beta Public Relations, LLC on, for a Public Outreach Campaign.  
  • June 11, 2019, council meeting, staff provided a project update and received direction to proceed.
  • October 15, 2019, council meeting, staff provided a project update and received direction from the City Council to proceed with the project.

Options and Alternatives:

1. Approve the resolution.
2. Not approve and redirect staff.

Background and History:

  • October 6, 1998, the City Council adopted Ordinance No. 1983 authorizing the acquisition of real property for flood control and to provide the opportunity for future development along the Rio de Flag and the Clay Avenue Wash.
  • In 2000 the project was authorized by the federal Water Resources Development Act. 
  • August 13, 2004, the U.S. Army Corps of Engineers (USACE) and the City entered into a Project Cooperation Agreement for construction of the Rio de Flag Flood Control and Recreation Project and, per Articles III and IV, the City shall acquire real property necessary for the project.
  • 2005 the design of the main stem began.
  • 2009-2013 components of the design were constructed for Clay Avenue Wash Detention Basin, Thorpe Road Bridge and Butler Tunnel.
  • August 4, 2009, the City Council adopted an Ordinance No. 2009-22 amending Ordinance No. 1983 to add parcels of real property for flood control and redevelopment within the Rio de Flag Flood Control Project.
  • In fiscal year 2019 USACE received funding to complete the project plans.
  • January 2019, City Council approved a Stormwater Fee increase to fund drainage and flood control projects, including the Rio de Flag.  
  • March 19, 2019, City Council awarded a professional services contract with Beta Public Relations, LLC on, for a Public Outreach Campaign.  
  • June 11, 2019, council meeting, staff provided a project update and received direction to proceed.
  • October 15, 2019, council meeting, staff provided a project update and received direction from the City Council to proceed with the project.
  • February 10, 2020, USACE programmed $52,000,000 in their civil works work plan for fiscal year 2020 for the construction of the Rio de Flag Flood Control Project in Flagstaff, Arizona.

Key Considerations:

The U.S. Army Corps of Engineers has appropriated $52,000,000 for fiscal year 2020 for the Rio de Flag Project and has directed the City of Flagstaff to acquire the necessary property interests needed for the project by the summer of 2020.

Community Involvement:

Remove the 100-year flood plain from the city of Flagstaff Downtown area, Southside, and the NAU campus.  This will protect the community from flood-related damages in the event of a 100-year flood.  This is especially important as climate change is increasing the risk of the frequency of flooding events generally.

Expanded Options and Alternatives:

Staff has held numerous public outreach events to update the community on the status of the Rio de Flag Flood Control Project and will continue to do so.

Attachments