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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/01/2014 - RESOLUTION 2014-053 AUTHORIZING A LICENSE TO ENTERAgenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY July 1, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Rick Richter, Director of Infrastructure Services Link Mueller, Utilities Special Projects Manager SUBJECT Resolution 2014-053 Authorizing a License to Enter for the Colorado Department of Transportation to Perform Work on City Property. EXECUTIVE SUMMARY The purpose of this Resolution is to authorize the City Manager to execute a License to Enter and Perform Work to allow the Colorado Department of Transportation to enter and perform work at the east entrance of the Mulberry Water Reclamation Facility as part of its Mulberry Bridge Project. The Colorado Department of Transportation (CDOT) has planned a bridge project on Mulberry Street that is anticipated to begin in the late summer or early fall 2014. The project involves replacing the existing State Highway 14/Mulberry Street Bridge over the Cache La Poudre River. The bridge replacement project will require the reconstruction of the eastern entrance to the Mulberry Water Reclamation Facility. CDOT will need to obtain a License to Enter from the City, granting permission to enter the City’s property to perform the work associated with the entrance reconstruction. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The construction of the new Mulberry Bridge and street improvements will raise the street elevation of Mulberry Street at the east entrance to the Mulberry Water Reclamation Facility by approximately three and a half (3.5) feet. This necessitates the reconstruction of the entrance, moving it north to provide adequate grade for vehicles entering the site. The majority of the relocation work will be performed by City Utilities’ contractors, reimbursed by the State. The actual grading, utility relocation, and paving will be done by CDOT’s contractor. The reimbursement details will be covered by a forthcoming intergovernmental agreement between the City and CDOT. Given the length of CDOT’s project, the term of the License to Enter will need to extend to the end of 2016. This term will allow enough time for all project related construction and remediation activities to be completed. A License to Enter with a term greater than one year is required to be approved by City Council. FINANCIAL / ECONOMIC IMPACTS The reconstruction activities are a collaborative effort between the City and CDOT and reimbursements for the work will be addressed in a forthcoming intergovernmental agreement. As such, City staff recommends no compensation requirement for the granting of the License to Enter. Agenda Item 17 Item # 17 Page 2 BOARD / COMMISSION RECOMMENDATION On June 19, 2014, the Water Board voted unanimously to recommend that City Council authorize the License to Enter and Perform Work to the Colorado Department of Transportation. ATTACHMENTS 1. Location Map (PDF) 2. Water Board Minutes, June 19, 2014 (PDF) ATTACHMENT 1 Excerpt from Unapproved Water Board Minutes, June 19, 2014 License to Enter and Perform Work to the Colorado Department of Transportation (CDOT) at the Mulberry Water Reclamation Facility (MWRF) (Attachments available upon request.) Special Projects Manager Link Mueller (Water Systems Engineering Division) gave a presentation on the planned bridge project on Mulberry Street that is expected to begin in late summer or early fall 2014. The project involves replacing the existing State Highway 14 / Mulberry Street Bridge over the Cache La Poudre River, and requires reconstruction of the eastern entrance to the Mulberry Water Reclamation Facility. Full access to the west entrance will be available while the work is done. CDOT needs to obtain a License to Enter from the City for permission to enter the City’s property to perform the work associated with the entrance reconstruction. CDOT will perform grading, utility relocation, and paving, and will reimburse Utilities for the City contractors who are doing everything else. Regarding the schedule, CDOT started advertising the project today, and work will begin in August. Work on the east side of the road is scheduled to be finished at the end of 2014. Highlights from the discussion: A board member inquired whether City has its own inspectors. Mr. Mueller stated he acts as the resident engineer. For project elements that are not his expertise such as grading and paving, the Engineering department will assist Utilities with inspections. A board member inquired about the west entrance access. Mr. Mueller explained there is a break in the median just east of the railroad tracks; the west entrance is necessary because it would be the only safe entrance in the event of a flood. A board member inquired how Mulberry Street will look after the project is complete. It will have four lanes, bike lanes, pedestrian exits on both sides, and vegetation easements. A board member inquired about whether there would be any issues about river high flows impacting the project. Mr. Mueller stated that floodplain elevations were reviewed and would not have any effect on the outcome. A board member inquired whether citizens who fish or put a canoe in at that spot will still be able to do so. Mr. Mueller stated it would probably be harder to access, but there will be other opportunities for people to recreate. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Brian Brown moved that the Water Board recommend that the City Council consider authorization of a License to Enter and Perform Work to the Colorado Department of Transportation, consistent with staff's recommendation. The motion was seconded by Board Member Eccleston. ATTACHMENT 2 - 1 - RESOLUTION 2014-053 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A LICENSE TO ENTER FOR THE COLORADO DEPARTMENT OF TRANSPORTATION TO PERFORM WORK ON CITY PROPERTY WHEREAS, the City is the owner of a parcel of real property located at 918 East Mulberry Street, more particularly described as the Wastewater Treatment Plant #1 Subdivision and Lot 1, Springer 3rd Subdivision, and known as the Mulberry Water Reclamation Facility (the “City Property”); and WHEREAS, the Colorado Department of Transportation (CDOT) has planned the SH 14/Mulberry Bridge Replacement Project (the “Project”) to replace a bridge and construct road improvements on Mulberry Street adjacent to the City Property; and WHEREAS, the Project will require relocating and reconstructing the east entrance to the City Property (the “Relocation Work”); and WHEREAS, the majority of the Relocation Work will be done by City contractors, and CDOT will reimburse the City for such work pursuant to an intergovernmental agreement that is currently being negotiated; and WHEREAS, CDOT’s contractors will be doing portions of the Relocation Work including grading, asphalt paving and utility relocations; and WHEREAS, CDOT has requested a license to enter from the City to perform its portion of the Relocation Work on the City Property; and WHEREAS, the license area would be in the location shown on Exhibit A, attached and incorporated herein by this reference; and WHEREAS, the license to enter would expire in December of 2016; and WHEREAS, because the Relocation Work is a collaborative effort between the City and CDOT and will benefit the City Property, City staff recommends that CDOT not be charged a fee for the license to enter; and WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to permit the use or occupancy of any street, alley, or public place, provided that such permit shall be revocable by the City Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. 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 the granting of a license to enter to CDOT, as described herein, is in the best interests of the City. - 2 - Section 2. That the City Manager is hereby authorized to execute such documents as are necessary to grant a license to enter to CDOT on terms and conditions consistent with this Resolution, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution, including any necessary corrections to the description of the license area that do not result in a material increase or change in character of the license area. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of July, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Exhibit “A” License Area