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HomeMy WebLinkAboutMemo - Read Before Packet - 03/18/2025 - Memorandum from Katie Donahue re Updated Advisory Board Minutes Excerpt for Pelican Marsh ROW DedicationNatural Areas Department 1745 Hoffman Mill Rd Fort Collins, CO 80524 [970-416-8067] [kdonahue@fcgov.com] CC: Dana Hornkohl, Director, Civil Engineering Marc Virata, Sr. Manager, Civil Engineering MEMORANDUM Date: March 13, 2025 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager From: Katie Donahue, Natural Areas Director Subject: Updated Advisory Board Minutes Excerpt for Pelican Marsh ROW Dedication BOTTOM LINE Attached is a revised excerpt of the meeting minutes from the Land Conservation and Stewardship Board (LCSB) meeting of February 12, 2025 regarding a proposed right of way dedication at Pelican Marsh Natural Area. This excerpt provides context of the discussion and the results of the Board vote. BACKGROUND  The Land Conservation and Stewardship Board discussed a right of way dedication that would allow the construction of a stop light, parkway, and side path at the intersection of College Avenue and Triangle Drive.  Feedback from the LCSB meeting was incorporated into the Agenda Item Summary that was amended prior to City Council first reading.  Following first reading, several City Council Members stated that the excerpted meeting minutes from LCSB did not provide enough context about the split vote from the advisory board.  Staff amended the minutes to provide more detail. The amended minutes were reviewed and approved unanimously by the Land Conservation and Stewardship Board on March 12, 2025. NEXT STEPS The ROW dedication will be considered at its second reading on March 18, 2025. Docusign Envelope ID: 5AF6997B-C1DB-4CC8-B8F5-88202E39C01A Land Conservation & Stewardship Board February 12, 2025 Regular Meeting – Excerpt Members: Ross Cunniff, Chair Holger Kley, Member Scott Mason, Vice Chair Elena Lopez, Member Denise Culver, Member River Mizell, Member Andrea Elson, Member Mark Sears, Member Jennifer Gooden, Member 2 /12 /20 25 1. CALL TO ORDER: Meeting was called to order at 5:30 pm. 2. ROLL CALL: LCSB: Scott Mason, Elena Lopez, Mark Sears, Andrea Elson, Jennifer Gooden, Ross Cunniff, River Mizell, Holger Kley Excused: Denise Culver City Staff: Ginny Sawyer, Dana Hornkohl, Marc Virata NAD Staff: Julia Feder, Kristy Bruce, Aaron Reed, Todd Juhasz, Jenny Roberts, Matt Parker, Kate Rentschlar, Tawnya Ernst, Bernadette Kuhn, Emily Shingler, Mary Boyts Excerpt related to this Council Meeting Agenda Item: Pelican Marsh Natural Area – Triangle Drive & U.S. 287 Signal Installation Project– ROW and Notice of Alignment Request 6. ACTION ITEMS Pelican Marsh Natural Area – Triangle Drive & U.S. 287 Signal Installation Project– ROW and Notice of Alignment Request Tawnya Ernst, Land Conservation Lead Specialist stated she was seeking a recommendation from the LCSB that City Council approve the declaration of a certain portion of City-owned Property on Pelican Marsh Natural Area as road right-of-way and a recommendation that the City Manager approve a Notice of Alignment for a slope alignment on Pelican Marsh Natural Area. Total impacted area equals 0.55 acres on the westernmost side of the natural area. The goals of the project are multi-pronged: vehicular safety, pedestrian safety, and Active Modes connection. Discussion The board had a lively discussion about the proposal and expressed numerous questions and concerns about the proposed ROW. Themes of Board member questions and comments included: • The package explored only a limited range of alternatives, and more alternatives could have been considered – including a narrower parkway, no parkway, and a wider variety of sidewalk widths. Docusign Envelope ID: 5AF6997B-C1DB-4CC8-B8F5-88202E39C01A Land Conservation & Stewardship Board Regular Meeting 2 /1 2 /202 5 2 • Although this easement is easier to consider than some others due to the ecological condition of the project area, NAs should not be considered an easy sacrifice zone. • What motivated the proposal and what were the nature of the traffic accidents that have occurred there? • Why is a road ROW the proposed tool? Could this lead to it becoming traffic lanes in the future? • Does anyone use this sidewalk? There is skepticism that a sidewalk of this width is needed. • How wide is the sidewalk to the north into which this project would tie? What is the current condition/background of this sidewalk? • Can the Active Modes goals be satisfied with sidewalks on one side of College Ave instead of two? Competing City priorities are trying to be balanced in this area – the environmental benefits of non-vehicular modes of traffic, safety, and the ecological goals of the natural area. • Does this create a slippery slope where future road widening, or transportation projects go through more easily? The more easements that get approved, the more difficult it is to protect NAs. • Although more requests are possible because of the number of NAs near arterial roads, this decision does not set a precedent; easement policy defines staff approach to projects like these particularly with regard to established standards. Engineering will pay for easements. Council makes individual decisions about whether to grant them. Alternatives review is intended to minimize impacts. • Concerns about precedent are not just about legal precedent, but about a pattern of non- NAD staff proposing the offloading of NAD acreage for other city purposes. • Board members wondered whether they could request that staff review further alternatives but concluded that the Board can only advise Council to request further alternatives. In response to the questions/comments above, staff relayed the following: • The proposed project will address the severe vehicular crash history of intersection documented by Traffic Operations, including a fatal crash and others with property damage. Designated crosswalks and the sidepath would help complete goals in the Active Modes plan and increase pedestrian safety. • Language for ROW designations typically does not describe the details of the specifications for things like parkway or sidepath width. • Staff stated the preferred alternative was informed by Active Modes and Larimer County Urban Street Standards to allow for safe two-way bike and pedestrian traffic along the path and to minimize impact on Pelican Marsh Natural Area. Docusign Envelope ID: 5AF6997B-C1DB-4CC8-B8F5-88202E39C01A Land Conservation & Stewardship Board Regular Meeting 2 /1 2 /202 5 3 • A limited number of alternatives were reviewed in order to meet priorities such as creating safe separation for pedestrians from active traffic and giving space to deposit snow on the parkway. In addition, the sidewalk width matches the existing sidewalk that would be tied into the north of Pelican Marsh NA. • In the future, CDOT could shift 287 west, but this project is planning to meet existing roadway conditions. • In response to questions about the potential for future requests for additional rights of way, staff recognized that because many natural areas are within the City Limits and along major arterial streets, there is potential for future easement requests. Staff indicated they do not see this project as setting precedent. • Staff confirmed the Natural Areas Department easement policy recognizes the need to allow Engineering to meet street design standards. Member Sears made a motion that the Land Conservation and Stewardship Board recommends that City Council approve the declaration of a certain portion of City-owned Property on Pelican Marsh Natural Area as a road right-of-way. In addition, the Land Conservation and Stewardship Board recommend that the City Manager approve a Notice of Alignment for a slope alignment on Pelican Marsh Natural Area. Member Gooden seconded the motion. Board members discussed whether or not to amend the motion suggested by staff and decided to create a more specific motion that would specify that the ROW is only for sidewalk and parkway, not for future uses like a traffic lane. After further discussion Member Sears amended the motion to specify the preferred alternative requested. Member Sears made a motion that the Land Conservation and Stewardship Board recommends that City Council approve the declaration of the preferred alternative as presented, which includes a 6 ½ -foot-wide parkway and an 8-foot-wide side path, of City- owned Property on Pelican Marsh Natural Area as a right-of-way. In addition, the Land Conservation and Stewardship Board recommend that the City Manager approve a Notice of Alignment for a slope alignment on Pelican Marsh Natural Area. Member Gooden seconded the motion. The motion was rejected, 4-4. Nays: Chair Cunniff and Members Kley, Lopez, Elson. Yeas: Vice Chair Mason and Members Sears, Gooden and Mizell. Docusign Envelope ID: 5AF6997B-C1DB-4CC8-B8F5-88202E39C01A