10.D.
City Council Meeting - FINAL
- Meeting Date:
- 02/20/2024
- Co-Submitter:
- Anja Wendel
- From:
- Bryce Doty, Real Estate Manager
Information
TITLE:
Consideration and Adoption of Ordinance 2024-05: An ordinance of the City Council of the City of Flagstaff authorizing the acquisition of real property for the Killip Inlet as part of the Spruce Wash Channel Improvements Project; providing for delegation of authority, repeal of conflicting ordinances, severability, clerical corrections, and establishing an effective date
STAFF RECOMMENDED ACTION:
At the February 20th, 2024 Council Meeting:
1) Read Ordinance No. 2024-05 by title only for the first time
2) City Clerk reads Ordinance No. 2024-05 by title only (if approved above)
At the March 5th, 2024 Council Meeting:
3) Read Ordinance No. 2024-05 by title only for the final time
4) City Clerk reads Ordinance No. 2024-05 by title only (if approved above)
5) Adopt Ordinance No. 2024-05
1) Read Ordinance No. 2024-05 by title only for the first time
2) City Clerk reads Ordinance No. 2024-05 by title only (if approved above)
At the March 5th, 2024 Council Meeting:
3) Read Ordinance No. 2024-05 by title only for the final time
4) City Clerk reads Ordinance No. 2024-05 by title only (if approved above)
5) Adopt Ordinance No. 2024-05
Executive Summary:
The Killip Basins Inlet, a segment of the Spruce Wash Channel Improvement Projects, will be constructed into the Killip School Regional Detention Basins to connect the basins to the existing storm water conveyance to provide a controlled flow into the detention basins. In order to construct and maintain the inlet, a portion of the real property identified as Coconino County Assessor Parcel nos. 109-09-015A and 109-09-058 is required.
The City has an opportunity to use grant funding under a Grant Agreement with the Arizona Department of Emergency Management (DEMA) for the Pre-Disaster Mitigation Grant Award for Museum Post-Fire Flood Mitigation Property Acquisition (EMF-2023-PD-0002) to purchase both parcels if the property owner voluntarily agrees to sale, structures are removed from the flood prone areas, and the land is dedicated as open space (federal regulations allow limited recreational use of open space).
This ordinance authorizes staff to acquire all or a portion of the real property. City staff will be offering to pay just compensation to the property owner for purchase of the real property, based on appraised value. If the City is unable to reach an agreement with the property owner despite good faith negotiations, City Council will have the opportunity at a future public meeting to decide whether to adopt a resolution authorizing condemnation.
The City has an opportunity to use grant funding under a Grant Agreement with the Arizona Department of Emergency Management (DEMA) for the Pre-Disaster Mitigation Grant Award for Museum Post-Fire Flood Mitigation Property Acquisition (EMF-2023-PD-0002) to purchase both parcels if the property owner voluntarily agrees to sale, structures are removed from the flood prone areas, and the land is dedicated as open space (federal regulations allow limited recreational use of open space).
This ordinance authorizes staff to acquire all or a portion of the real property. City staff will be offering to pay just compensation to the property owner for purchase of the real property, based on appraised value. If the City is unable to reach an agreement with the property owner despite good faith negotiations, City Council will have the opportunity at a future public meeting to decide whether to adopt a resolution authorizing condemnation.
Financial Impact:
All Proposition 441 Spruce Wash projects are budgeted in the City of Flagstaff GO bond capital project fund which is funded through the secondary property tax authorized, approved by voters in 2022 for $26 million of flood relief in the Spruce Wash watershed associated with the 2019 Museum Fire. The grant, if utilized for the acquisition, was not budgeted as part of the FY2023-24 budget.
Policy Impact:
N/A
Connection to PBB, Carbon Neutrality Plan, 10-Year Housing Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
- High Performing Governance - Enhance the organization's fiscal stability & increase efficiency & effectiveness
- Environmental Stewardship - Promote, protect & enhance a healthy sustainable environment & its natural resources
Has There Been Previous Council Decision on This:
On November 7, 2023, Council approved the grant award with DEMA for the Pre-Disaster Mitigation Grant Award for Museum Post-Fire Flood Mitigation Property Acquisition which may be used to acquire these property interests authorized for acquisition in this ordinance.