Consideration and Adoption of Resolution No. 2020-24: 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

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 (legal descriptions 'Exhibit 2' will be attached prior to the final packet going out).  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. As stated by staff in February 2020, we will continue to bring 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 work plan in the federal 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.

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.  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 which will be funded by the City's Stormwater fee as approved by Council in January 2019. 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.

None

Yes, see Background/History.

1. Approve the resolution.
2. Reject resolution and redirect staff.

• 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 alignments.
• In 2000 the project was authorized by the Federal Water Resources Development Act. 
• August 13, 2004 - USACE and the City entered into a Project Cooperation Agreement for construction of the Rio de Flag Flood Control 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 the federal fiscal year of 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 - staff provided a project update to City Council and received direction to proceed.
• October 15, 2019 - staff provided a project update to City Council and received direction from the Council to proceed with the project.
• February 10, 2020 - USACE programmed $52,000,000 in their work plan for the federal fiscal year 2020 for the construction of the Rio de Flag Flood Control Project.
• February 18, 2020 - Council approved Resolution 2020-05 for property acquisition along the Upper Reach and Lower Reach project areas.  (Due to design changes the Upper Reach acquisitions will need to be updated in the future)(Attached is a list of the acquisitions approved in February).

The U.S. Army Corps of Engineers has appropriated $52,000,000 for the 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.

Remove the 100-year floodplain 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. 

City staff has held numerous public outreach events to update the community on the status of the Rio de Flag Flood Control Project. Public meetings and Council updates will continue throughout the completion of design and construction.  The presentations, associated material and the minutes of these ongoing Council updates will be posted to the project's dedicated website at: 

https://www.flagstaff.az.gov/4189/Rio-De-Flag-Flood-Control