HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/19/2021 - SECOND READING OF ORDINANCE NO. 007, 2021, AUTHORIAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY January 19, 2021
City Council
STAFF
Mark Sears, Natural Areas Manager
Tawnya Ernst, Sr. Real Estate Specialist
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 007, 2021, Authorizing the Conveyance to the Colorado Department of
Transportation of Various Property Interests on City -Owned Property at Running Deer Natural Area, Archery
Range, and Arapaho Bend Natural Area to be Used as Right-of-Way for Interstate 25 and Related Facilities.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 5, 2021, seeks Council approval of the
Colorado Department of Transportation’s (CDOT) requested purchase of one right-of-way parcel on Arapaho
Bend Natural Area, two right-of-way parcels and four temporary easements on Running Deer Natural Area and
the Archery Range for the purpose of widening Interstate 25 and relocating the Port of Entry.
A revision to the Ordinance on Second Reading includes the price CDOT has agreed to pay for these property
interests.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND/DESCRIPTION
Since First Reading, staff has received the following information that was not available for First Reading:
A.Regarding values for the right-of-way parcels and temporary easements, CDOT has submitted an Offer
Letter to the City for $75,000, which Real Estate Services and Natural Areas Staff has reviewed and
determined represents a Fair Market Value offer and is appropriate compensation. A breakdown of the
offer is as follows:
•Arapaho Bend ROW Parcel – 0.421 Acres at $8,275 per acre: $3,500
•Running Deer/Archery Range ROW Parcels – 4.546 Acres at $15,650 per acre: $71,912
•Running Deer/Archery Range TE Parcels – 0.172 Acres at $15,650 acre x 10% x 1 year: $267
•Total Land Value: $74,912 rounded up to $75,000
In addition, CDOT will be required to pay the City $3,000 for the ROW Request Application Fee and a
Restoration Fee of $516 (0.172 Acres at $3,000: $516)
Total Compensation: $78,516
B.Regarding Council’s questions on First Reading about the proposed location for the Port of Entry, CDOT
provided the following response:
Agenda Item 5
Item # 5 Page 2
The Colorado Department of Transportation (CDOT) and the Colorado State Patrol Port of Entry hav e
studied a wide variety of alternative locations and configurations for the existing Port of Entry facilities
near the Interstate 25 (I-25) and Prospect Rd Interchange. As part of the Final Environmental Impact
Statement (FEIS) for the North I-25 Corridor and subsequent National Environmental Policy Act
(NEPA) documents, [CDOT] recognized the need to relocate the existing Port of Entry facilities to
improve the safety and operations of the I-25/Prospect Rd Interchange. Relocating the facilities north
of the I-25 and Colorado State Highway 14 (CO 14) Interchange is not desirable because of impacts to
the enforcement and therefore, operational and safety concerns this might pose the State’s highway
system. Additionally, physical constraints along I -25 between CO 14 and Prospect Rd make that
location less than desirable as well. For these reasons, it was determined that the port facilities must
be along I-25 south of Prospect Rd. The proposed location for the relocated port facilities relocates the
facilities as far south as possible without negatively impacting the I -25 and Harmony Rd Interchange
which allows for the maximization of the operations and safety improvements associated with this
scope of work, therefore meeting the goals of the FEIS. For safety reasons, it was deemed necessary
for the east and west port facilities to have line of sight across I -25 for emergency scenarios. This
additional safety constraint and CDOT’s desire to balance impacts on both side s of I-25 contributed to
the relocated port of entry location.
C. Regarding Council’s questions and concerns about environmental impacts and tree mitigation:
CDOT’s payment of $68,000 for tree mitigation in 2018 at Arapaho Bend, primarily at the I-25 Poudre River
Bridge, does include mitigation for the tree loss associated with the additional ROW parcel being acquired
at Arapaho Bend.
There will be very minimal tree/shrub loss on the Running Deer and Archery Range parcels, the value
received for the land covers this minimal loss.
While the buffer between the Poudre River and I-25 is being reduced by approximately 120’, the
remaining 500’ plus buffer is still significant.
There is very minimal environmental impact to the Archery Range property. Almost all major impact,
approximately 5,000 S.F. of right-of-way and approximately 5,000 S.F, of temporary easement, is to the
entrance road which is being realigned and reconstructed along with the frontage road realignment and
reconstruction.
Regarding Council’s questions and concerns about the aesthetics of the new Port of Entry buildings,
CDOT has been engaged in the Site Plan Advisory Review (SPAR) process. The Planning and Zoning
Board is scheduled to hear this item on January 21, 2021, public meeting. This review does entail the
design of both the proposed office building and inspection shelter. City staff have completed multiple
rounds of review with CDOT and have seen improvements to the character of these buildings. At the
Planning and Zoning Board hearing City staff will be recommending approval.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 5, 2021 (PDF)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY January 5, 2021
City Council
STAFF
Mark Sears, Natural Areas Manager
Tawnya Ernst, Real Estate Specialist III
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 007, 2021, Authorizing the Conveyance to the Colorado Department of
Transportation of Various Property Interests on City-Owned Property at Running Deer Natural Area, Archery
Range, and Arapaho Bend Natural Area to be Used as Right-of-Way for Interstate 25 and Related Facilities.
EXECUTIVE SUMMARY
The purpose of this item is to seek Council's approval of the Colorado Department of Transportation’s requested
purchase of one right-of-way parcel on Arapaho Bend Natural Area, two right-of-way parcels and four temporary
easements on Running Deer Natural Area and the Archery Range for the purpose of widening Interstate 25 and
relocating the Port of Entry.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Colorado Department of Transportation (CDOT) is currently widening I-25 from 4 lanes to 6 lanes and
relocating the Port of Entry (POE) further south to improve traffic capacity on Interstate 25 (I-25) and the safety
of truckers and motorists. In 2018, CDOT acquired ROW from the City at Arapaho Bend Natural Area (ABNA).
At that time, the plans for I-25 further north across Running Deer Natural Area (RDNA) were still being designed
and plans for the bridge over the Poudre River at ABNA were not finalized.
CDOT is now finalizing the plans for I-25 and has recognized the need to acquire an additional parcel of ROW
at ABNA on the east side of I-25 to construct the bridge over the Poudre River. This area is currently within a
temporary easement CDOT had acquired in 2018. The proposal is to convert this temporary easement (TE) to
a permanent ROW.
CDOT envisions relocating the POE to be adjacent to RDNA and part of the Archery Range. Thus, CDOT is
requesting ROW and TEs across RDNA, including one that covers a small portion of the Archery Range, which
is owned by the City’s Parks Department.
Finally, CDOT is asking the City to give up any rights of access it may have directly from its properties to the I-
25 right-of-way within this project area, to limit access on and off the highway to interchanges only. City staff is
not aware of any such rights, so has no concerns about relinquishing any claim to them.
CDOT needs to start utility and irrigation ditch relocations in this area immediately to keep the project on schedule
and asked NAD to expedite this request without waiting for appraisals or finalized plans. Council is being asked
to approve the conveyances without knowing the compensation values or the exact final areas of the ROW or
ATTACHMENT 1
Agenda Item 8
Item # 8 Page 2
TE requests, although an approximate dollar value can be determined based on a similar conveyance to CDOT
in 2019.
Environmental Impacts
The Poudre River bridge will span across the entire river channel and provide ample width for a wildlife corridor
and for the Poudre Trail to pass under the bridge. The construction will require the removal of trees and shrubs
along the river and it will temporarily disturb the river channel. In 2018, CDOT paid NAD $68,650 to mitigate the
loss of trees since there was no room within the ROW for additional tree plantings.
The widening of I-25, the relocation of the POE, and the relocation of the frontage road across RDNA will take
approximately 4 acres of the agriculture field NAD currently leases to a third party for hay farming and remove
an approximately 0.5-acre grass area and a small cluster of shrubs from in front of the Archery Range. The
project will effectively reduce the buffer from I-25 to the Poudre River by over 100’. Staff will determine if the
impacts to vegetation warrant a mitigation payment in addition to the compensation for the land.
Permanent ROW Needed:
ABNA - 18,321 SF (0.421 acres), more or less, for Poudre bridge construction
RDNA - 88,611 SF (2.034 acres), more or less, for widening I-25 and POE relocation
RDNA - 109,406 SF (2.512 acres), more or less, for relocating frontage road
Temporary Easements Needed:
RDNA - 308 SF (0.007 acres) more or less, for construction access on the north end of RDNA
RDNA/Archery Range - 4,969 SF (0.114 acres) more or less, for realigning entrance to Archery Range
RDNA - 1,600 SF (0.037 acres), more or less, for realigning access road to Arapaho Bend
RDNA - 599 SF (0.014 acres), more or less, for drainage inlet construction
CITY FINANCIAL IMPACTS
CDOT is currently having the fair market values for the ROW’s, TE’s and loss of trees and shrubs appraised by
a certified appraiser. Real Estate Services and NAD staff will review the appraisals and ensure that the City
receives appropriate compensation. CDOT will also pay the standard easement application fee and pay NAD’s
standard restoration fees if applicable. If the appraisals are available prior to Second Reading of the Ordinance,
staff will include the actual values in the Ordinance for Second Reading. If not, staff will ask Council to postpone
Second Reading until the values can be filled in.
In the meantime, an approximate value of these property interests can be calculated based on the amount CDOT
paid the City in January 2019 for another piece of ROW and some TEs on Arapaho Bend Natural Area, also as
part of the I-25 expansion project. In that transaction CDOT paid $15,000 per acre for permanent ROW and
$3,000 per acre for TEs. Assuming that is a reasonable approximation of current fair market value of the City
properties impacted by this phase of the I-25 project, and not adjusting for inflation or other factors, fair
compensation for the property rights described above would be approximately $75,000, not including
compensation for trees and shrubs, application fee, and restoration fees.
BOARD / COMMISSION RECOMMENDATION
The Land Conservation and Stewardship Board recommends that Council approve an ordinance authorizing the
conveyance to the Colorado Department of Transportation of various property interests on City-owned property
at Arapaho Bend Natural Area and Running Deer Natural Area. (Attachment 2)
Agenda Item 8
Item # 8 Page 3
PUBLIC OUTREACH
CDOT has provided public outreach regarding the widening of I-25 over the years that this project has been in
the planning. Natural Areas only public outreach has been its presentation to the Land Conservation and
Stewardship Board on December 9, 2020.
ATTACHMENTS
1. CDOT - ROW Request Maps (PDF)
2. LCSB Minutes Excerpt (PDF)
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ORDINANCE NO. 007, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT
OF TRANSPORTATION OF VARIOUS PROPERTY INTERESTS ON CITY-OWNED
PROPERTY AT RUNNING DEER NATURAL AREA, ARCHERY RANGE,
AND ARAPAHO BEND NATURAL AREA TO BE USED AS RIGHT-OF-WAY FOR
INTERSTATE 25 AND RELATED FACILITIES
WHEREAS, the City is the owner of property located north of Harmony Road on both
sides of I-25 known as Arapaho Bend Natural Area, as well as two properties located north of
Harmony Road on the west side of I-25 known as the Archery Range and Running Deer Natural
Area (all three collectively referred to hereafter as the “Properties”); and
WHEREAS, the Colorado Department of Transportation (CDOT) is continuing work on
its expansion of I-25 from four lanes to 6 lanes near Fort Collins, which will include building a
new bridge over the Poudre River and relocating the Port of Entry (“POE”) (the “Project”); and
WHEREAS, to keep the Project on schedule, CDOT has urgently requeste d that the City
give it access rights to begin construction activities on portions of the Properties; and
WHEREAS, specifically, CDOT is requesting the City convey to it the following
property interests, as more particularly described in Exhibits “A” through “H”, attached hereto
and incorporated herein by reference (the “Property Interests”):
On Arapaho Bend Natural Area:
A. 18,321 sq. ft. (0.421 acres), more or less, of permanent right-of-way (“ROW”) for
Poudre River bridge construction;
On Running Deer Natural Area:
B. 88,611 sq. ft. (2.034 acres), more or less, of ROW for widening I-25 and POE
relocation;
C. 109,406 sq. ft. (2.512 acres), more or less, of ROW for relocating frontage road;
D. 308 SF (0.007 acres) more or less, temporary easement (“TE”) for construction access
on the north end of RDNA;
E. 4,969 SF (0.114 acres) more or less, including a portion on Archery Range, TE for
realigning entrance to Archery Range
F. 1,600 SF (0.037 acres), more or less, TE for realigning access road to Arapaho Bend
G. 599 SF (0.014 acres), more or less, TE for drainage inlet construction
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H. Conveyance back to CDOT of any access rights the City has from the Properties
directly onto the I-25 ROW; and
WHEREAS, the final legal descriptions of the Property Interests may vary slightly from
what is shown on the Exhibits, but the total area of each Property Interest should remain
approximately the same; and
WHEREAS, based on appraisals of the Property Interests, the total value of the Property
Interests has been determined to be $75,000; and
WHEREAS, CDOT will also pay the City $3,000 for the Right-of-Way Request
Application Fee and a Restoration Fee of $516; and
WHEREAS, the new Poudre River bridge will span across the entire river channel and
provide ample width for a wildlife corridor and for the Poudre Trail to pass under the bridge; and
WHEREAS, at its regular meeting on December 9, 2020, the Land Conservation and
Stewardship Board recommended that the city Council approve the conveyance of the Property
Interests to CDOT; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the Property
Interests to CDOT as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute the deeds or other
instruments necessary to convey the Property Interests to CDOT, and the City Manager is
authorized to execute such other documents related to the property conveyances described herein
as may be necessary, all on terms and conditions consistent with this Ordinance, together with
such additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City, including, but not
limited to, any necessary changes to the legal description of such Property Interests, as long as
such changes do not materially increase the size or change the character of the interests to be
conveyed.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021 and to be presented for final passage on the 19th day of January, A.D. 2021
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk