HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2018 - FIRST READING OF ORDINANCE NO. 040, 2018, DECLARINAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY March 6, 2018
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
Nicole Hahn, Civil Engineer II
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 040, 2018, Declaring Certain City-Owned Property at Arapaho Bend Natural
Area as Road Right-of-Way.
EXECUTIVE SUMMARY
The purpose of this item is to convert approximately 0.105 acres of Arapaho Bend Natural Area to road right-
of-way. The City intends to construct road and intersection improvements, relocate utilities, and fully signalize
the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right
turn lanes, pork chop islands, and Americans with Disabilities Act (ADA) accessible sidewalk connections.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The road right-of-way/intersection project is being directed by the City Engineering Department. Signalization
of the intersection and geometric improvements are needed to address additional traffic anticipated from the
Harmony 23 development currently under construction at the southwest corner of Harmony and Strauss Cabin
Roads. The development will construct the infrastructure improvements on the southern half of the
intersection. Due to complexities on the north side of the intersection that were out of the project scope for the
development, the City has partnered with the developer to complete the intersection improvements and ensure
the ultimate buildout of the signal is installed. The project will be funded out of the Capital Expansion Fee
program. Arapaho Bend Natural Area fronts both the northwest and northeast quadrants of the intersection.
The City’s portion of the project is in the final design phase and is currently estimated to begin construction in
April.
A pedestrian crossing will be installed to connect residents south of Harmony to Arapaho Bend Natural Area
and the Poudre River Trail. Engineering and Natural Areas staff are coordinating on signage to direct flow of
pedestrian and vehicle traffic to the Natural Area and the Poudre River Trail.
Two current light poles will be replaced with updated fixtures that will minimize light pollution while still
providing safe passage for pedestrians.
Light and Power Utility currently has facilities within the existing public right-of-way. Conduits have previously
been stubbed to the site but Utilities delayed the remainder of its work to coordinate with Engineering on the
intersection project. All facilities, except a 36-inch-steel manhole cover, will be below ground. The facilities will
include two 10-foot x 10-foot vaults that serve as a junction vault for primary cables. The duct banks consist of
16 5-foot conduits and four 2-inch conduits. Utilities will be installing conduit, cable and vaults later this spring.
Agenda Item 9
Item # 9 Page 2
The infrastructure will be used to provide electric capacity to the surrounding area. Also as a result of this
intersection improvement, three existing aboveground electric power lines will be undergrounded.
Arapaho Bend was acquired in several transactions between 1995 and 2011. The property was acquired with
City Natural Areas sales tax money.
Natural Areas staff worked closely with Engineering to minimize impacts to the site and to identify opportunities
to improve the ecological condition in this area. Engineering will conduct additional bird surveys to ensure
avoidance of nests during construction. A wetland delineation of the site was conducted and all wetlands will
be avoided. In addition, no trees will be removed. Existing street lamps will be upgraded to a more
ecologically friendly design and existing overhead electric lines will be buried. Finally, all areas disturbed by
construction activities will be restored to native vegetation. The area to be impacted by the project is
dominated by smooth brome and will be re-seeded with native grass and wildflower seed mix. Rabbitbrush will
be incorporated as well.
In addition to ecological based activities, Engineering is working with Natural Areas to improve way finding
from this intersection to the Poudre River Trail and to incorporate native vegetation into the urban design
elements of the intersection.
CITY FINANCIAL IMPACTS
There is no financial impact to Natural Areas from this project. Engineering will pay the Natural Areas
Department $1,558 ($0.34/square foot for 4,583.27 square feet) for the value of the right-of-way and reimburse
Natural Areas for staff time involved in the project.
BOARD / COMMISSION RECOMMENDATION
At its February 14, 2018, meeting, the Land Conservation Stewardship Board unanimously voted to
recommend City Council approve the dedication of road right-of-way for the Strauss Cabin intersection
improvements.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Easment Utility Alignment (PDF)
3. Land Conservation and Stewardship Board minutes, February 14, 2018 (draft) (PDF)
Arapaho Bend Natural Area
(Strauss Cabin/Harmony Rd. intersection location)
Arapaho Bend Natural Area
Strauss Cabin/Harmony Rd intersection
Harmony Road
Strauss Cabin Road
Attachment 1
ATTACHMENT 2
Land Conservation & Stewardship Board
February 14, 2018
Minutes Excerpt
Notice of Alignment on Arapaho Bend Natural Area
Tawnya Ernst, Real Estate Specialist, introduced a Right of Way and Notice of Alignment
request at the intersection of Harmony and Strauss Cabin Road. At the southwest intersection
there will be a new development going in that is prompting signalization of that intersection.
The project will construct road and intersection improvements, utility relocations, and fully
signalize the intersection of Harmony Road and Strauss Cabin. Tawnya explained the positive
things will be the update of the current street lights to minimize light pollution, a pedestrian
crossing to connect new resident south of the intersection to the natural area safely and the
current three powers lines will be placed underground. Disturbed areas will be reseeded to
native vegetation. In addition to the RO, for the road improvements and Notice of Alignment for
the underground power, there is a 348-square foot drainage alignment.
Discussion:
According to the memorandum, the Utilities Department would be installing conduit, cable and
vaults later this Spring. Vicky was angry that the Board was just hearing of this proposed
easement and felt there wasn’t enough time to appropriately address the project. She asked how
we could get other city departments to give enough time for the board to consider issues such as
this that impact natural areas. She would like to see NAD send out a memo to other departments
requesting an appropriate amount of time for the board to address these projects. Daylan
reminded board members that the light and power portion of this project was presented to the
board last summer, and at that time NAD was unaware of the full construction project.
Some board members were alright with the easement and felt the design minimized
environmental impacts and felt confident that NAD was taking the appropriate steps to ensure
minimal impact to the area. Safety was also a concern, with the new development and increased
capacity, however some board members felt it was yet another opportunity for the city to
continue to nibble away at our natural areas. Overall, board members would like more time to
review these types of requests and have the opportunity to provide feedback.
Mark reminded board members that the City has a Master Street Plan and that NAD must
continue to support that plan. Unfortunately, NAD just happened to purchase thousands of acres
of land along future arterial roads.
ATTACHMENT 3
Edward Reifsnyder made a motion that the Land Conservation & Stewardship Board
recommend that City Council approve declaration of a certain portion of City-owned
Property on Arapaho Bend Natural Area as road right-of-way. In addition, the Land
Conservation and Stewardship Board recommend that the City Manager approve a
Notice of Alignment for installation of light and power infrastructure and for drainage
on Arapaho Bend Natural Area.
Marcia Patton-Mallory seconded the motion.
The motion was unanimously approved.
-1-
ORDINANCE NO. 040, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY AT
ARAPAHO BEND NATURAL AREA AS ROAD RIGHT-OF-WAY
WHEREAS, the City owns a parcel of property located at the northwest and northeast
corners of the intersection of Harmony Road and Strauss Cabin Road known as Arapaho Bend
Natural Area (the “Property”); and
WHEREAS, the City’s Engineering Department is working on a project to signalize the
intersection and make other improvements to accommodate additional vehicular and pedestrian
traffic anticipated at the intersection due to new development (the “Project”); and
WHEREAS, to accommodate the Project, Engineering is seeking to convert
approximately .105 acres of the Property to road right-of-way; and
WHEREAS, the portions of the Property to be designated as right-of-way are more
specifically described on Exhibits “A-1” and “A-2”, attached hereto and incorporated herein by
this reference; and
WHEREAS, to establish a public record that this portion of the 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, converting property owned by the City in fee simple to right-of-way
constitutes a conveyance of an interest in such property, as doing so creates certain public rights
in the property that would not otherwise exist on City-owned property; and
WHEREAS, because the Property was purchased with dedicated Natural Areas tax
proceeds, the Engineering Department will pay the Natural Areas Department $1,558 for the
value of the portion of the Property being converted to right-of-way, and compensation for staff
time spent on the Project; and
WHEREAS, the Project will also benefit Natural Areas by installing a pedestrian
crossing to connect residents living south of Harmony Road to the Property and signage to help
direct pedestrian and vehicular traffic to the Property, undergrounding power lines that are
currently overhead, and upgrading existing street lamps to a more ecological design; and
WHEREAS, at its regular meeting on February 14, 2018, the Land Conservation and
Stewardship Board voted to recommend that the City Council approve the dedication of road
right-of-way for the Project; and
-2-
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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 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 declares that the real property described on
Exhibits “A-1” and “A-2” shall constitute right-of-way for City streets 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 interests 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 6th day of
March, A.D. 2018, and to be presented for final passage on the 20th day of March, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 20th day of March, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
C:\Users\idecker\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\82LFCSV8\20170728ROW-SE (002).doc
Page 1 of 2
EXHIBIT A-1
PARCEL DESCRIPTION
A parcel of land, being part of that parcel described in that Warranty Deed (WD) recorded January
23, 1995 as Reception No. 19950004228 of the Records of the Larimer County Clerk and Recorder, located
in the Southeast Quarter (SE1/4) of Section Thirty-three (33), Township Seven North (T.7N.), Range Sixty-
eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer,
State of Colorado and being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 33 and assuming the East line of the Southeast
Quarter of the Southeast Quarter (SE1/4SE1/4) of said Section 33 as bearing North 00°07’49” East being a
Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/2011, a distance of 1323.51 feet and with all other bearings contained herein relative thereto;
THENCE North 00°07’49” East along said East line a distance of 150.00 feet;
THENCE North 88°16’11” West a distance of 30.01 feet to the Southeast corner of said WD and the
POINT OF BEGINNING;
THENCE North 88°16’11” West along the South line of said WD and along the North Right of Way line of
Harmony Road a distance of 43.11 feet;
THENCE North 24°50’49” East a distance of 103.06 feet to the East line of said WD and to the West Right
of Way line of Strauss Cabin Road;
THENCE South 00°07’49” West along said East line a distance of 94.82 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 2,043 Square Feet or 0.047 Acres, more or less (±).
SURVEYOR’S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
PRELIMINARY
___________________________________________________________
Steven Parks - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
-1
C:\Users\idecker\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\82LFCSV8\20170728ROW-SW (002).doc
Page 1 of 2
EXHIBIT A-2
PARCEL DESCRIPTION
A parcel of land, being part of that parcel as described in that Quit Claim Deed (QCD) recorded
August 25, 2009 as Reception No. 20090059093 of the Records of the Larimer County Clerk and Recorder,
located in the Southwest Quarter (SW1/4) of Section Thirty-four (34), Township Seven North (T.7N.),
Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of
Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 34 and assuming the West line of the Southwest
Quarter of the Southwest Quarter (SW1/4SW1/4) of said Section 34 as bearing North 00°07’49” East being
a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/2011, a distance of 1323.51 feet and with all other bearings contained herein relative thereto;
THENCE North 00°07’49” East along said West line a distance of 150.01 feet;
THENCE South 89°32’39” East a distance of 30.00 feet to the Southwest corner of said QCD and to the
POINT OF BEGINNING;
THENCE North 00°07’49” East along the West line of said QCD and along the East Right of Way line of
Strauss Cabin Road a distance of 204.36 feet;
THENCE South 04°59’56” East a distance of 128.22 feet;
THENCE South 10°19’41” East a distance of 43.18 feet;
THENCE South 27°53’33” East a distance of 27.60 feet;
THENCE South 89°32’39” East a distance of 20.71 feet;
THENCE South 00°27’21” West a distance of 10.00 feet to the South line of said QCD;
THENCE North 89°32’39” West along said South line and along the North Right of Way line of Harmony
Road a distance of 52.93 feet to the POINT OF BEGINNING.
Said described parcel of land contains 2,540 Square Feet or 0.058 Acres, more or less (±).
SURVEYOR’S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
___________________________________________________________
Steven Parks - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
-2