City Council Meeting - AMENDED

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Meeting Date: 05/16/2023  
From: Bryce Doty, Real Estate Manager

Consideration and Adoption of Ordinance No. 2023-13: an ordinance of the City Council of the City of Flagstaff, authorizing the acquisition of additional real property interests for the Highway 180 Culvert Project; providing for delegation of authority, severability, repeal of conflicting ordinances, authority for clerical corrections, and establishing an effective date; and

Consideration and Ratification of Irrevocable Right of Entry for purchase of real property required for the project.
1) Read Ordinance No. 2023-13 by title only for the first time
2) City Clerk reads Ordinance No. 2023-13 by title only (if approved above)
3) Read Ordinance No. 2023-13 by title only for the final time (requires unanimous vote)
4) City Clerk reads Ordinance No. 2023-13 by title only (if unanimously approved above)
5) Adopt Ordinance No. 2023-13 (requires unanimous vote)
6) Motion to ratify Irrevocable Right of Entry contract for purchase of real property.
Executive Summary:
Expanding the Schultz Creek culvert at Highway 180 has been identified as an urgent flood mitigation project to deliver, in light of the 2022 Pipeline Fire and subsequent flooding. Previous project iterations required property acquisition from the Mt. Calvary Lutheran Church on the West side of Highway 180. In collaboration on an emergency project with ADOT, a new temporary and permanent flood mitigation will divert Schultz Creek flows through the Fire station property, across three other properties identified in the chart attached to the ordinance. 

This ordinance authorizes all necessary private property acquisitions in order build the temporary and permanent projects as described. The City has been working closely with ADOT to build the temporary project before monsoon season; approving the ordinance at one meeting will allow us to maintain that schedule as closely as possible. 

The City Council is being asked to ratify an Irrevocable Right of Entry that enables the City and ADOT to immediately enter onto vacant land owned by Sandra Claire Roy-Mailloux and begin construction of the Highway 180 Culvert Project, and wherein City agrees to purchase the land for $500,000 or fair market value, whichever is greater.  The City's preliminary analysis suggests that fair market value is at least $500,000.  An appraisal is required prior to purchase. The property is zoned for multi-family use. After the project is completed it is unlikely any residual land will be available for development. 
Financial Impact:
The Highway 180 Culvert Project is an approved budget item in Fiscal Year (FY) 2023 through 2024. Acquisitions for the project will be charged to the General Fund, unless State Funding or Federal appropriations are identified. The General Fund was identified as a “backstop” for this urgent Capital project during the Stormwater rate adjustment discussions with Council in early spring 2023. Details of the cost sharing between ADOT and the City for the construction of the temporary project is currently being negotiated. Presently, the City is funding current utility relocations.

The overall cost of real property acquisitions authorized by this ordinance may exceed $750,000. 
Policy Impact:
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budgeting Priorities
  • Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system
  • High Performing Governance: Enhance the organization’s fiscal stability & increase efficiency & effectiveness
Regional Plan:
  • Goal WR.2.2 Maintain and develop facilities to provide reliable, safe and cost-effective stormwater services.
Carbon Neutrality Plan
  • Community Resilience: Ensure all mitigation actions improve Flagstaff’s ability to adapt to the future.
  • Community Resilience: Strengthen existing community systems to create resilience to both short-term shocks and long-term change
Has There Been Previous Council Decision on This:
On April 18th 2023, Council approved Ordinance No. 2023-08 authorizing property acquisitions for the Schultz Creek Stabilization Project and Highway 180 Culvert Project.  The proposed ordinance authorizes different, additional property acquisitions.
Ord. 2023-13
Exhibit 1: Chart of Properties
Exhibit 2: Map of Project
Irrevocable Right of Entry


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