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TITLE: |
Consideration and Adoption of Ordinance No. 2023-07: An ordinance of the Flagstaff City Council authorizing the acquisition of real property for the Cinder Lake Landfill Road Improvement Project; providing for delegation of authority, repeal of conflicting ordinances, severability, authority for clerical corrections, and establishing an effective date |
STAFF RECOMMENDED ACTION: |
1) Read Ordinance No. 2023-07 by title only for the final time
2) City Clerk reads Ordinance No. 2023-07 by title only (if approved above)
3) Adopt Ordinance No. 2023-07
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Executive Summary: |
Landfill Road (Road), also known as Forest Road 6010, is under the jurisdiction of the Coconino National Forest, Flagstaff Ranger District (Forest Service) and has been the primary access route to Cinder Lake Landfill (Landfill) since 1965 under a Special Use Permit issued by the Forest Service. Structural evaluations of the Road concluded that the existing pavement is failing and in irreparable condition. The City began design work on roadway improvements in 2016 and delivered these efforts to the Forest Service in 2017. In October of 2022, the Forest Service concluded the Environmental Assessment (EA) for the project and delivered a decision and finding of no significant impact (FONSI).
The Landfill anticipates construction to begin in summer 2023. The Road improvements will primarily occur within a new, 60' wide right of way easement granted from the Forest Service to the City; however, in order to smooth out curves 1 and 3 of the Road, approximately 16,627 square feet from the adjacent properties within Johnson's Ranch Subdivision will need to be acquired as right of way. This ordinance authorizes all necessary private property acquisitions required for the Cinder Lake Landfill Road Improvement Project. |
Financial Impact: |
The Cinder Lake Landfill Road Improvement Project is an approved budget item in Fiscal Year (FY) 2023 through 2024. Acquisitions for the project will be charged to Solid Waste Fund in account 211-06-167-0631-0-4433 (Improvements to Land).
Based off the appraised value, $100,000 has been allocated for property acquisitions. |
Policy Impact: |
None |
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan: |
Priority Based Budget Key Community Priorities and Objectives
Safe & Healthy Community
- Provide public safety services with resources, staff & training responsive to the community’s needs
Sustainable, Innovative Infrastructure
- Deliver outstanding services to residents through a healthy, well maintained infrastructure system
Environmental Stewardship
- Promote, protect & enhance a healthy, sustainable environment & its natural resource
- Strengthen Flagstaff’s resilience to climate change impacts on built, natural, economic, health, & social systems
Carbon Neutrality Plan
Community Resilience
- CR-1 Ensure all mitigation actions improve Flagstaff’s ability to adapt to the future
Regional Plan
E&C.7. Give special consideration to environmentally sensitive lands in the development design and review process.
PF.2. Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.
T.4. Promote transportation infrastructure and services that enhance the quality of life of the communities within the region.
T.8 Establish a functional, safe, and aesthetic hierarchy of roads and streets. |
Has There Been Previous Council Decision on This: |
On September 6, 2016 City Council approved a contract with Plateau Engineering, Inc. to proceed with the Design Concept Report for Landfill Road (Item 10.C). The Design Concept Report provided the structural evaluation(s), design considerations, and cost estimates.
On November 17, 2020, City Council approved a contract with EnviroSystems Management, Inc. to provide professional consulting services to prepare the Forest Service environmental assessment. |
Background and History: |
The Landfill has been utilizing the Road since 1965 under a Special Use Permit issued by the Forest Service. Records indicate that an overlay was constructed in 1987. In 2016 staff contracted Plateau Engineering Inc. to prepare a Design Concept Report. The engineering team concluded that considerable warping existed throughout the road. In addition, the top coat has experienced irreparable damage and is leading to increased potholes. From a design perspective, the curve superelevations are excessive and need to be both decreased and realigned. The re-alignment and rebuild also warrants considering the installation of future utilities (three-phase electric and telecommunications).
In 2017 the Landfill submitted the Design Concept Report to the Forest Service. This prompted the Forest Service to propose a Master Cost Recovery Agreement between the City and the Forest Service. The Master Cost Recovery Agreement was approved by City Council and the Forest Service in December 2019. Subsequently, Landfill staff was cleared to proceed with the EA. The EA, Notice of Decision, and FONSI were delivered in 2022. The Cinder Lake Landfill Road Improvement Project (to be constructed in summer 2023) involves the following improvements:
- Removal and replacement of approximately two (2) miles of 25-foot-wide asphalt concrete surface/subsurface grade and shoulders
- Decrease the grade of the road as it approaches US 89
- Improve curve radii
- Install a 2% crown where applicable
- Reduce superelevations
- Improve drainage ditches
- Install properly sized and additional culverts and trenches along the road to accommodate drainage.
- Accommodations for future underground utilities
In order to improve the curve radii and reduce superelevations within curves 1 and 3 (see map) of the project, private property acquisitions on the Northwest side of the road are necessary. City staff have been in communication with the affected property owners. The acquisition and compensation to the landowners will be done in accordance with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970. |
Community Involvement: |
The acquisition of private property within the project boundary will ensure that the Landfill can provide the safe and reliable access to the facility. Consequently, the citizens of Coconino County and the City of Flagstaff will be able to continue to expect safe and affordable options for solid waste disposal and recycling. |
Expanded Options and Alternatives: |
The EA evaluated 3 alternatives. Alternative 1 would consist of no action (not preferred). Alternative 2 (preferred) would include all design features, but stipulates below-ground utility lines within the zones with High Scenic Integrity Objectives. All other utility locations may be above-ground unless the Landfill choose to exercise Alternative 3, which would consider placing utilities underground throughout the entire corridor (typically at least two-times the cost of overhead).
Public involvement about the need for private property acquisitions for the Road occurred through the Forest Service EA:
A mailing list was compiled from the Forest Service database of federal, tribal, state, and local agencies, and augmented with individuals and organizations interested or determined to be potentially impacted by the proposed project. Scoping documents that included a discussion of the proposed project and a map showing the project location were sent on July 7 and July 28, 2021, to 54 individuals, organizations, agencies, and tribes on the mailing list. An announcement was also posted on the Forest Service Schedule of Proposed Actions (SOPA).
A total of five (5) public scoping responses were received. Three (3) of the comments were from landowners with concerns that the Road widening would impact their private properties in Johnson Ranch. One comment was from the Arizona Department of Transportation (ADOT) saying that an encroachment permit is needed if any construction activities would occur within an ADOT managed right-of-way. Lastly, a letter from Coconino County expressed support for the project and highlighted the need for the proposed Road improvements. On March 27, 2022, the Forest Service published the Cinder Lake Landfill Road Improvements Preliminary Environmental Assessment and published a legal notice for a 30-day comment period. Letters and e-mails with a brief description of the project and link to the EA and the project webpage were sent to fifteen individuals and organizations via e-mail. The City of Flagstaff sent notification to all of the Johnson Ranch landowners via postal mail. This project was also listed on the Forest Schedule of Proposed Actions and a solicitation for public input was posted on Facebook and Twitter on the evening of March 28th through Coconino National Forest official social media accounts. The Forest Service received a total of 3 submissions as letters and emails as a result of the 30-day comment period. One comment letter identified the use of an informal parking area along the Landfill Road that was used for interpretive educational group hikes to a historic 15-acre Crater Field developed in 1967 for Apollo Astronaut training and equipment testing. In response to this letter, alternate parking will be available to ensure access along the Landfill Road is maintained during construction to continue to allow these ranger-led hikes.
Another comment received was from a prospective home buyer (the current owner) for a property that would be affected by the proposed project. This comment identified concerns including safety, scenic impacts, and loss of land. These issues were primarily addressed through additional information included in the response to comments document. To address potential impacts from scenic resources from this comment, an additional alternative was added as Alternative 3, which would include the same proposed Road improvements as the proposed action but would include a fully underground powerline to avoid potential scenic impacts to private properties along the Road. Ultimately the Forest Service chose Alternative 2 based on the potential to result in “undue costs to the City”.
On August 21, 2022, the Forest Service published a Final Environmental Assessment, Draft Decision Notice, and initiated a 45-day objection filing period via a legal notice in the Arizona Daily Sun. No objections were received during the objection filing period. The Decision Notice and FONSI were approved by the Forest Service on October 25, 2022. |
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