Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2008 - SECOND READING OF ORDINANCE NO. 080, 2008, AUTHORI ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: July 15, 2008 FORT COLLINS CITY COUNCIL STAFF: Patrick Rowe Tim Buchanan SUBJECT Second Reading of Ordinance No. 080, 2008, Authorizing the Conveyance of a Stormwater Filtration and Detention Easement at the Gardens on Spring Creek(Horticulture Center)to Colorado State University. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY CSU has approached the City with an interest in constructing a water quality control project to treat storm flows from CSU's main campus. The majority of the project will occur on CSU's property adjacent to the City's Horticulture Center property. However, due to design constraints, CSU is requesting a stormwater easement to accommodate a portion of this project on City property. This Ordinance, unanimously adopted on First Reading on July 1, 2008, authorizes the conveyance of a 28,581 square foot permanent easement for stormwater filtration and detention over a portion of the Horticulture Center property. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- July 1, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: July 1, 2008 FORT COLLINS CITY COUNCIL �qFF: Patrick Rowe Tim Buchanan SUBJECT First Reading of Ordinance No. 080,2008,Authorizing the Conveyance of a Stormwater Filtration and Detention Easement at the Gardens on Spring Creek (Horticulture Center) to Colorado State University. SUBJECT Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT - w In lieu of monetary compensate the Ci will r e' t e ben t of a minimum of 500 cubic yards of"excavation credits",the valu fA#hic ed c value e proposed real estate interest as calculated by Real Estate Services(approximately$1,400). Additionally,Colorado State University ("CSU") will reimburse the City for Real Estate Services processing expenses; currently approximately $1,700. EXECUTIVE SUMMARY CSU has approached the City with an interest in constructing a water quality control project to treat storm flows from CSU's main campus. The majority of the project will occur on CSU's property adjacent to the City's Horticulture Center property. However, due to design constraints, CSU is requesting a stormwater easement to accommodate a portion of this project on City property. The University has requested that the City convey a 28,581 square foot permanent easement for stormwater filtration and detentio ,over a ion a Ye Center property. BACKGROUND '' The Gardens on Spring Creek Horticulture Center property was originally purchased with Natural Areas funds and careful attention will be taken to ensure that CSU's proposed project is carried out in a manner that complies with Natural Areas stated values. As consideration for the easement, the City will receive ownership and future benefit of what is being termed an"excavation credit." CSU's project will result in a net excavation(less soil)on the July 1, 2008 -2- Item No. 26 City's property. Because the excavation area is within a mapped City floodplain, there is a value attributable to the excavation because it can be used to offset future City projects having a net fill (as a general statement,projects within City floodplains cannot cause a net"rise",therefore any fill must be offset by excavating on(Lln -silil tIt?e ' ). %r Given the limited use of the pr a ment valu ained from the excavation credits, the perceived water quality ent ss en ping Spring Creek, and because the use is complimentary to the Horticulture Center, staff recommends adoption of this Ordinance. No negative impacts are anticipated as a result of this project. ATTACHMENTS 1. Location Map. ORDINANCE NO. 080, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A STORMWATER FILTRATION AND DETENTION EASEMENT AT THE GARDENS ON SPRING CREEK (HORTICULTURE CENTER)TO COLORADO STATE UNIVERSITY. WHEREAS, the City is the owner of real property known as the Center for Advanced Technology 22nd Filing, Community Horticulture Center (the "Property"); and WHEREAS, the Property is the site of the Gardens on Spring Creek and is located in a mapped City floodplain; and WHEREAS, Colorado State University ("CSU") wishes to acquire a permanent, non- exclusive easement over a portion of the Property as part of a larger water quality control project that CSU is constructing on its adjoining property; and WHEREAS, the easement would cover a 28,581 square foot portion of the Property, as described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Easement"); and WHEREAS, the Easement would be for stormwater filtration and detention purposes; and WHEREAS, staff has determined that the Easement will not have any adverse effects on the Gardens on Spring Creek and that CSU's project will enhance the quality of water flowing into Spring Creek adjacent to the Property; and WHEREAS, CSU has agreed to compensate the City for its administrative costs to process the easement, currently estimated at approximately $1,700; and WHEREAS, in addition, the City will receive the benefit of an excavation credit for the removal of dirt on the City Property, which can be used to offset the impact of future City projects within the same floodway that would create a net fill on the City Property; and WHEREAS, although the total amount of dirt removed from the City Property cannot be calculated until CSU's project is complete, CSU will guarantee the City a minimum excavation credit of 500 cubic yards, and the total will likely be over 1,000 cubic yards; and WHEREAS, based on the approximate cost of excavating 500 cubic yards of dirt, staff has calculated that the value of the excavation credit exceeds the value of the Easement, which is estimated to be worth $1,400; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of interests in real property owned by the City, provided that 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 conveyance to CSU of the Easement over, under and across the Property on terms and conditions consistent with this Ordinance is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Easement to CSU upon terms and conditions consistent with this Ordinance, 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, including any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 1st day of July, A.D. 2008, and to be presented for final passage on the 1 y of July, A.D. 2008. M or ATTEST: )k1W ail.6-S City Clerk Passed and adopted on final reading on the 15th day of July, A.D. 2008. Mayor ATTEST: City Clerk