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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2002 - ITEMS RELATING TO THE STREET OVERSIZING KECHTER RO AGENDA ITEM SUMMARY ITEM NUMBER: 9 A-B FORT COLLINS CITY COUNCIL DATE: March 5, 2002FROM: Matt Baker SUBJECT : Items Relating to the Street Oversizing Kechter Road Improvements Project. RECOMMENDATION: Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 015, 2002, Appropriating Prior Year Reserves in the Street Oversizing Fund and Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Appropriations Between Funds For the Construction of Improvements on Kechter Road. This Ordinance, which was unanimously adopted on First Reading on February 5, 2002, appropriates and transfers prior year reserves in the Capital Projects Fund to construct arterial roadway improvements for the Kechter Road Improvements Project. This Ordinance has been amended between First Reading and Second Reading in that the amount to be received from Poudre School District has been reduced to more accurately reflect the amount to be paid from that source. B. Second Reading of Ordinance No. 016, 2002, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for Construction of Improvements on Kechter Road. This Ordinance, which was unanimously adopted on First Reading on February 5, 2002, authorizes eminent domain for rights-of-way and easements from five county outparcels. The additional outparcel is included to correct a previously approved Latimer County Minor Land Division right of way dedication (Staley/Poudre School MLD 00-S 1535). This Ordinance has been amended on Second Reading to indicate that five parcels, rather than four, may be acquired using eminent domain proceedings. AGENDA ITEM SUMMARY ITEM NUMBER: 20 A-B FORT COLLINS CITY COUNCIL DATE: February 5, 2002FROM• Matt Baker SUBJECT: Items Relating to the Street Oversizing Kechter Road Improvements Project. RECOMMENDATION: Staff recommends adoption oft COrdin"e .nrs eading. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 015, 2002, Appropriating Prior Year Reserves in the Street Oversizing Fund and Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of AppropriC m e iy and Neighborhood Parkland Fund to the Capital Proj r the ru ovements on Kechter Road. Item"A" is an Ordinance whichat r rs a ,029,923.82 from the Street Oversizing Fund Prior Year Reserves to the Capital Projects Fund to construct arterial roadway improvements for the Kechter Road Improvements Project. This project will go out to bid as soon as funds are available. Funds appropriated for the project are as follows: 4. Fossil Lake Estates Subdivision share (paid) $ 620,672.11 ❖ Willow Brook P.U.D. share (paid) $ 201,454.02 + Poudre R-1 School District share (paid) $1,002,856.60 ❖ Neighborhood Parkland Fund share $ 48,013.15 ❖ Street Oversizing Fu 3 6,927.94 This will not affect the Street Ov U ra a ity to mee is other construction obligations in 2002. B. First Reading of Ordinance No.016,2002,Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for Construction of Improvements on Kechter Road. Item `B" is an Ordinance authorizing eminent domain for rights-of-way and easements from four county outparcels. Property appraisals indicate that acquisition costs will be covered by available funds, even if condemnation is required. These funds will be appropriated to the project budget. The Poudre R-I School District is constructing an elementary school on Kechter Road between Ziegler Road and Strauss Cabin Road. The School District is also planning the imminent construction of a new high school on a nearby parcel adjacent to Kechter Road. The Fossil Lake Estates subdivision and the Willow Brook subdivision are both currently under construction adjacent DATE: February 5, 2002 2 ITEM NUMBER: 20 A-B to Kechter Road. A City of Fort Collins park site was purchased with Kechter Road frontage. The Street Oversizing Program has collected funds from these public,private and City interests to fund the construction of Kechter Road from Ziegler Road to Strauss Cabin Road. The Ordinance transfers these funds to the project fund. Kechter Road will be widened to minor arterial standards with curb, gutter,sidewalks, and paving. A box culvert will be constructed to replace the existing corrugated metal pipe crossing at the McClelland Channel. Intersection improvements to Kechter and Ziegler will add right turn lanes and install underground facilities for future signalization. The project participants will be pl ei i f e construction of the project into the Contribution in Aid o onst ion li i m th eet Oversizing Fund. These contributions, plus the Street O rsizing rtion mg, wi a appropriated into the Capital Projects Fund for construction. roj 1 anag the City's Street Oversizing Program. Rights-of-way for the school sites,Willow Brook Subdivision,City of Fort Collins parks,and Fossil Lake Estates have been acquired through dedication by development. Three of the four county outparcels are currently being offered for sale for development or are under contract to development companies. Staff is negotiating with the owners of all four properties for the necessary rights-of- way and easements to construct the project. All parties are hopeful that acquisition will be accomplished by agreement. Howe n or to e e co f of the project by the August 2002 opening of the elementary ool, a rdin a th 'zent domain proceedings will allow the City to begin conde tion pro eding f atioot successful. The property owners understand that the City ak' s a on d that sll continue the current good faith negotiations to acquire the property. These two items are necessary to begin the construction of Kechter Road. Staff recommends approval of these items to provide the necessary street capacity needed for these developments prior to the opening of the elementary school this fall. These improvements will not only provide enhanced vehicular access and capacity to the area development, it will provide bike lanes and sidewalks for safe pedestrian movement to and from the elementary school. ORDINANCE NO. 015, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE STREET OVERSIZING FUND AND UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FRE)Nf THE STREET FOR THE CONSTRUCTION OF IMPROVEMENTS ON KECHTER ROAD WHEREAS,improvements are needed at Kechter Road from Ziegler Road to Strauss Cabin Road, including the intersection of Kechter Road and Ziegler Road, in order to mitigate the traffic impacts resulting from the increased development in this area, including the construction of an elementary school,construction of residential developments,park site acquisition,and the imminent construction of a new high school on a nearby parcel adjacent to Kechter Road; and WHEREAS, City staff has been working on the design plans for the widening of Kechter Road to arterial standards with curb, gutter, sidewalks, and paving, and including the construction of a box culvert to replace the existing corrugated metal pipe crossing at the McClelland Channel, and intersection improvements at Kechter Road and Ziegler Road, including the addition of right turn lanes and the installation of underground facilities for future signalization(the "Project"); and . WHEREAS, the estimated cost of the Project is $5 347 660 and funds tom 10 i315 a an"N M*4* " dare available in tile form of prior year reserves, totaling $2,84i,169 previottsly teceived in the ftee 6versizing Fund, existing appropriations, totaling $?3,820, in the eity's Neighborhood Parkl=d entities.. W, REAS emai ing Project funds,totaling.S4,285,3445,Ita been idelttifte4 and are ava� ,e romt.#te tot Street Oversizing Fund - Prior Year Reserves $ 2,841,169 Neighborhood Parkland Fund-Existing Appropriations 73,820 Poudre R-1 School District $ t,241,228 $170;943 Fossil Lake Estates Subdivision 726,765 Willow Brook P.U.D. 464,678 Total -4,2,6 7'r$4n28S 45 WHEREAS, upon completion of the bid process, the Project is expected to begin in the spring of 2002, with final completion and landscaping scheduled for summer of 2002; and • WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins (the "Charter") permits the Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years,notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 9, of the Charter also permits the Council to make supplemental appropriations by ordinance at any time during the fiscal year,provided that the total amount of such supplemental appropriations,in conjunction with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10, of the Charter authorizes the Council to transfer by ordinance any unexpended and unencumbered amount or portion thereof from one fund or capital project to another fund or capital project,provided that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, City staff has determined that the ., appropriation$ of tire public and private sector contfibutions to be added with the previousiy appopinted Neighborhood Parki ,will not cause the total amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year•, and WHEREAS,the purpose for which the previously appropriated funds in the Neighborhood Parkland Fund were initially appropriated remains the same,and the City Manager has recommended that said unspent and unencumbered funds be transferred into the Capital Projects Fund- Kechter Road Improvements project and that such funds be earmarked for expenditures associated with the proposed Kechter Road improvements; and WHEREAS,it is the desire of the Council to appropriate$2,841,169 from prior year reserves in the Street Oversizing Fund`and authorize the transfer of said amount to the Capital Projects Fund- Kechter Road Improvements project, for appropriation therein, and to appropriate $2,432,67 t in unanticipated revenue in the Capital Projects Fund - Kechter Road Improvement project, representing contributions from Poudre R-1 School District (; fi13), Fossil Lake Estates Subdivision ($726,765), and Willow Brook P.U.D. ($464,678), and to authorize the transfer of existing appropriations in the Neighborhood Parkland Fund-Staley Neighborhood Park project, totaling $73,820, to the Capital Projects Fund - Kechter Road Improvement project to be used for expenditures associated with the proposed Kechter Road improvements. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from prior year reserves in the Street Oversizing Fund for transfer to the Capital Projects Fund-Kechter Road Improvements project and appropriated therein the sum of TWO MILLION EIGHT HUNDRED FORTY-ONE THOUSAND . ONE HUNDRED SIXTY-NINE DOLLARS ($2,841,169) to be used for expenditures associated with the proposed Kechter Road improvements. Section 2. That the unexpended appropriated amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($73,820) is hereby authorized for transfer from the Neighborhood Parkland Fund - Staley Neighborhood Park project to the Capital Projects Fund - Kechter Road Improvements project and appropriated therein to be used for expenditures associated with the proposed Kechter Road improvements. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Project Fund - Kechter Road Improvements project, the sum of TWO ONE MILLION FOUR TV11 HUNDRED�FV�6 ttQT3�A11iD SBf T%"g HUNDRED SEVE?ffY (*iE ,SIXDOLLARS( mm representing acontributions from Poudre R-1 School District($ 28 Fossil Lake Estates Subdivision($726,765),and Willow Brook P.U.D. ($464,678)to be used for expenditures associated with the proposed Kechter Road improvements. Introduced and considered favorably on first reading and ordered published this 5th day of February, A.D. 2002, and to be presented for final passage on the +9- 5th day of Febrnxrp March, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this+9 5th day of Febnrary March, A.D. 2002. Mayor ATTEST: City Clerk • . ORDINANCE NO. 016, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR CONSTRUCTION OF IMPROVEMENTS ON KECHTER ROAD WHEREAS,improvements are needed at Kechter Road from Ziegler Road to Strauss Cabin Road in order to mitigate the traffic impacts resulting from increased development in this area, including the construction or imminent construction of a new elementary school and a new high school, residential developments, and the acquisition of a City park site; and WHEREAS, the Street Oversizing Program has collected funds from these public, private and City interests to fund the construction of Kechter road from Ziegler Road to Strauss Cabin Road (the "Project"); and WHEREAS,it is necessary for the City to acquire rights-of-way and easements from adjacent properties to construct curb, gutter, sidewalks, bike lanes and other related street improvements in connection with the Project; and WHEREAS,rights-of-way for the school sites,Willow Brook subdivision,City park site and Fossil Lake Estates have been acquired through dedication by development; and WHEREAS,the City has previously negotiated and continues to negotiate in good faith for the acquisition of rights-of-way and easements from the owners of fem,.""county outparcels,which negotiations have thus far been unsuccessful; and WHEREAS, the acquisition of the rights-of-way and easements is desirable and necessary for the construction of the improvements, is in the public interest and enhances the public health, safety and welfare; and WHEREAS,the acquisition of such property interests may,by law,be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that it is necessary in the public interest to acquire the real property described on Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of constructing street improvements and other related improvements for the Project, in connection with the above-described properties. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said real property for the City by eminent domain proceedings. Section 3. The City Council finds, in the event that acquisition by condemnation of the property described in this Ordinance is commenced,that immediate possession is necessary for the public health, safety and welfare. Introduced and considered favorably on first reading and ordered published this 5th day of February,A.D.2002,and to be presented for final passage on the- 94%--,day of FebmaryMarch,A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this i95ttt day of FebrnargMarch, A.D. 2002. Mayor ATTEST: City Clerk Mayor ATTEST: City Clerk Exhibit A KECHTER ROAD IMPROVEMENTS Norman G.Staley,Right of Way A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 0 P.M.;COUNTY OF LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH FIFTY FEET OF THAT PARCEL OF LAND DESCRIBED IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 0099102161,DATED 12/30/1999.