9.B.
City Council Draft Agenda
- Meeting Date:
- 04/16/2024
- Co-Submitter:
- Anja Wendel
- From:
- Bryce Doty, Real Estate Manager
TITLE:
Consideration and Adoption of Resolution No. 2024-18: A resolution of the Flagstaff City Council, authorizing the acquisition of real property interests necessary for the Lone Tree Overpass Project, a public use; providing for delegation of authority, condemnation authority, repeal of conflicting resolutions, and establishing an effective date
STAFF RECOMMENDED ACTION:
- Read Resolution No. 2024-18 by title only
- City Clerk reads Resolution No. 2024-18 by title only (if approved above)
- Adopt Resolution No. 2024-18
Executive Summary:
The City has made offers to pay just compensation based upon appraised value to the property owners for the property interests listed on this resolution, but to date, has been unable to reach agreements for purchase despite good faith negotiation. City staff expects many of these negotiations to close prior to condemnation proceedings; however, in order to maintain the project schedule, staff is asking Council to authorize condemnation proceedings should staff be unable to reach agreements.
This resolution authorizes staff to file condemnation proceedings in order to obtain immediate possession of these property interests. The City and property owners may still reach an agreement as to just compensation to be paid for these property interests before condemnation proceedings are filed.
This resolution authorizes staff to file condemnation proceedings in order to obtain immediate possession of these property interests. The City and property owners may still reach an agreement as to just compensation to be paid for these property interests before condemnation proceedings are filed.
Financial Impact:
Project Name: Lone Tree Overpass Project
Cost: Total cost $105,756,587
Account Number Budgeted: Fund 047 is where all the monies are budgeted for this project
FY Budgeted Amount: FY25 Budgeted amount $17,500,159 remaining budget $50,230,000
Grant Funded: Not Grant Funded
Funding Source: Sales Streets Tax
Cost: Total cost $105,756,587
Account Number Budgeted: Fund 047 is where all the monies are budgeted for this project
FY Budgeted Amount: FY25 Budgeted amount $17,500,159 remaining budget $50,230,000
Grant Funded: Not Grant Funded
Funding Source: Sales Streets Tax
Policy Impact:
N/A
Previous Council Decision or Community Discussion:
July 6, 2021 the Flagstaff City Council adopted Ordinance No. 2021-15 authorizing acquisition of real property interests for the Lone Tree Overpass Project.
October 5, 2021 the Flagstaff City Council adopted Resolution No. 2021-45 authorizing determination and offers of relocation benefits to persons displaced to makeway for the Lone Tree Overpass Project.
November 2018 Flagstaff voters passed Proposition 420, to establish a 0.23% local transaction privilege tax (sales) tax rate for a 20-year period, on the gross revenues derived from engaging in business activities within the city of Flagstaff, and dedicating use of the revenues to pay for the costs of a Lone Tree Railroad Overpass from Butler Avenue to Route 66 along with related pedestrian, bicycle, and street connections ("Lone Tree Overpass Project" or " Project").
Priority Based Budget Key Community Priorities and Objectives
Carbon Neutrality Plan
Regional Plan
October 5, 2021 the Flagstaff City Council adopted Resolution No. 2021-45 authorizing determination and offers of relocation benefits to persons displaced to makeway for the Lone Tree Overpass Project.
November 2018 Flagstaff voters passed Proposition 420, to establish a 0.23% local transaction privilege tax (sales) tax rate for a 20-year period, on the gross revenues derived from engaging in business activities within the city of Flagstaff, and dedicating use of the revenues to pay for the costs of a Lone Tree Railroad Overpass from Butler Avenue to Route 66 along with related pedestrian, bicycle, and street connections ("Lone Tree Overpass Project" or " Project").
Priority Based Budget Key Community Priorities and Objectives
- Deliver outstanding services to residents through a healthy, well maintained infrastructure system.
- Strengthen Flagstaff’s resilience to climate change impacts on built, natural, economic, health, & social systems.
- Utilize existing long-range plan(s) that identify the community's future infrastructure needs & all associated co
Carbon Neutrality Plan
- Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs.
- Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
Regional Plan
- Incorporate pedestrian access, trails, and watchable wildlife opportunities into natural watercourses when practical.
- Improve mobility and access throughout the region.
- Increase the availability and use of pedestrian infrastructure, including FUTS, as a critical element of a safe and livable community
Options and Alternatives to Recommended Action:
1. Adopt the Resolution
Pros: Formally approving the real property interest transactions conforms with City practices.
Cons: None.
2. Do not adopt the Resolution. In this case, transactions may be voided or there would be a further discussion as to appropriate action.
Pros: None identified.
Cons: This may result in loss of legal rights to use properties for utilities, trails, drainage, and other public purposes.
Pros: Formally approving the real property interest transactions conforms with City practices.
Cons: None.
2. Do not adopt the Resolution. In this case, transactions may be voided or there would be a further discussion as to appropriate action.
Pros: None identified.
Cons: This may result in loss of legal rights to use properties for utilities, trails, drainage, and other public purposes.
Background and History:
In November of Flagstaff voters passed Proposition 420, to establish a local transaction privilege tax rate for 20 years to pay for the Lone Tree Overpass Project. That project continues to progress and the design now shows impacts on parcels that were not included in the original acquisition ordinance in 2021. This ordinance will authorize the City to work to acquire the necessary rights to complete the project.
Connection to PBB Priorities and Objectives:
Priority Based Budget Key Community Priorities and Objectives
Sustainable, Innovative Infrastructure
Sustainable, Innovative Infrastructure
Connection to Regional Plan:
Goal T.I. Improve mobility and access throughout the region.
Connection to Carbon Neutrality Plan:
None
Connection to 10-Year Housing Plan:
None