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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/19/2016 - SECOND READING OF ORDINANCE NO. 009, 2016, DECLARIAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 19, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Mark Sears, Natural Areas Program Manager SUBJECT Second Reading of Ordinance No. 009, 2016, Declaring Certain City-Owned Property on Running Deer Natural Area as Road Right-of-Way. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 5, 2016, declares a strip of property owned by the City as part of the Running Deer Natural Area, as road right-of-way. The right-of-way will be used for the construction of a new Boxelder bridge, stormwater improvements, and in the future for the ultimate 4-lane configuration of East Prospect Road. The City owns parcels of property located at the southwest corner of East Prospect Road and Southwest Frontage Road. The City of Fort Collins Utilities and Engineering Departments are working in tandem on two stormwater improvement projects in the area that are intended to eliminate the overtopping of Prospect Road during large flood events in Boxelder Creek and to facilitate the eventual widening of Prospect Road to the ultimate 4-lane configuration. Construction on the stormwater and Boxelder bridge improvements are anticipated to begin in spring 2016 and will be completed late summer 2016. This Ordinance officially establishes the portion needed for Prospect Road on the City’s property as public road right-of-way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 5, 2016 (w/o attachments) (PDF) 2. Ordinance No. 009, 2016 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 5, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Mark Sears, Natural Areas Program Manager SUBJECT First Reading of Ordinance No. 009, 2016, Declaring Certain City-Owned Property on Running Deer Natural Area as Road Right-of-Way. EXECUTIVE SUMMARY The purpose of this item is to declare a strip of property owned by the City as road right-of-way. The right-of- way will be used for the construction of a new Boxelder bridge, stormwater improvements, and in the future for the ultimate 4-lane configuration of East Prospect Road. The City owns parcels of property located at the southwest corner of East Prospect Road and Southwest Frontage Road. The parcels are part of Running Deer Natural Area. The City of Fort Collins Utilities and Engineering Departments are working in tandem on two stormwater improvement projects in the area that are intended to eliminate the overtopping of Prospect Road during large flood events in Boxelder Creek and to facilitate the eventual widening of Prospect Road to the ultimate 4-lane configuration. Construction on the stormwater and Boxelder bridge improvements are anticipated to begin in spring 2016 and will be completed late summer 2016. This Ordinance officially establishes the portion needed for Prospect Road on the City’s property as public road right-of-way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City owns parcels of property located at the southwest corner of East Prospect Road and Southwest Frontage Road that are managed by the Natural Areas Department. The Utilities and Engineering Departments are working on two stormwater improvement projects designed to reduce flooding hazards on Prospect Road and to accommodate the future 4-lane configuration of Prospect Road. Construction is anticipated to begin in the spring of 2016 and will be completed late summer 2016. Both projects are identified on Attachment 1. The Prospect Road Bridge Replacement Project is being directed by the Fort Collins Engineering Department. The project is taking advantage of the proposed Prospect Road closure in mid-2016 associated with the Boxelder Creek Outfall Project* to replace the failing Prospect Road Bridge at Boxelder Creek with a new structure. The new structure will consist of two 14-foot wide by 5-foot high reinforced concrete box culverts (RCBCs), will incorporate a “riparian habitat” crossing feature, and will accommodate the eventual widening of Prospect Road to the ultimate 4-lane configuration. The proposed structure and eventual road widening work will require road right-of-way on property managed by Natural Areas. As such, staff requests that the full area of the ultimate improvement of Prospect Road be declared road right-of-way. The additional road right of way on Running Deer Natural Area contains 1,924 square feet or 0.044 acres. ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 *The Boxelder Creek Overflow Project, directed by the Fort Collins Utilities Department, is intended to accommodate flows in excess of a 50-year flood event in Boxelder Creek, which historically would spill over Prospect Road. An “overflow” channel will be constructed that will divert a significant portion of the flood flows away from Boxelder Creek to a proposed Prospect Road culvert crossing structure. This project is part of a wider regional project, the Boxelder Creek Flood Mitigation Project that is intended to address flood impacts in the Boxelder Creek Basin which affect Timnath and Fort Collins. CITY FINANCIAL IMPACTS There is no financial impact to Natural Areas from this project. Engineering will pay the Natural Areas Department $2,886 ($1.50/sq. ft. for 1,924 sq. ft.) for the value of the right-of-way and reimburse Natural Areas for staff time involved in the project. BOARD / COMMISSION RECOMMENDATION This item was presented to the Land Conservation Stewardship Board (LCSB) on September 9, 2015. Eight of nine board members were present and a majority (6-2) voted to recommend City Council approve the dedication of road right-of-way for the Prospect Road bridge widening. ATTACHMENTS 1. Project location map (PDF) 2. Land Conservation & Stewardship Board minutes, September 9, 2015 (PDF) ORDINANCE NO. 009, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY ON RUNNING DEER NATURAL AREA AS ROAD RIGHT-OF-WAY WHEREAS, the City owns certain parcels of property located at the southwest corner of East Prospect Road and Southwest Frontage Road, which are part of Running Deer Natural Area (the “City Property”); and WHEREAS, as part of the eventual widening of Prospect Road, the City will need to use a portion of the City Property, as more specifically described on Exhibit “A”, attached hereto and incorporated herein by this reference, for new road improvements; and WHEREAS, in order to establish a public record that this portion of the City Property is intended for use by the City as right-of-way for a public roadway and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, staff recommends that the City Council declare such property to be right-of-way; and WHEREAS, the City’s Engineering Department would compensate the Natural Areas Department $2,886 for the value of the property being converted to right-of-way and reimburse Natural Areas for staff time involved in this project; and WHEREAS, converting a piece of property owned by the City in fee simple to right-of- way constitutes a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interest 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 declares that the real property described on Exhibit “A” shall constitute right-of-way for Prospect Road and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City. Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes effective in accordance with Article II Section 7 of the City Charter. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 19th day of January, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A