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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2007 - ITEMS RELATING TO THE NORTH COLLEGE AVENUE IMPROVE ITEM NUMBER: 9 A-C AGENDA ITEM SUMMARY DATE: June 5, 2007 FORT COLLINS CITY COUNCIL STAFF: Helen Matson Dean Klingner Craig Foreman SUBJECT Items Relating to the North College Avenue Improvements Project. RECOMMENDATION Staff recommends the adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 068,2007, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Department of Transportation, State of Colorado. B. Second Reading of Ordinance No. 069, 2007, Authorizing the Conveyance of a Parcel of Real Property at North College Avenue and Willow Street to the Adjacent Property Owner. C. Second Reading of Ordinance No. 070, 2007, Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund To Record the Transfer of Real Property from the Neighborhood Parkland Fund to the Capital Project Fund - North College Avenue Improvements Project. In 2003,the City completed the North College Avenue Improvements Project. This Project included improvements to paving, sidewalks, pedestrian lighting, crosswalks, and drainage in the area between North College Avenue and Jefferson Street. These Ordinances, unanimously adopted on First Reading on May 15, 2007, complete the final transactions needed for this project. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- May 15, 2007. ATTACHMENT 1 ITEM NUMBER: 13 A-C AGENDA ITEM SUMMARY DATE: May 15, 2007 FORT COLLINS 17ZJLp-rFF: Helen Matson Dean Klingner Craig Foreman SUBJECT Items Relating to the North College Avenue Improvements Project. RECOMMENDATION Staff recommends the adoption of the three Ordinances on First Reading. FINANCIAL IMPACT As consideration for propertyCtheo side tl mm Center that was developed as a public access road as part of t lege v ue 1mpr ements Project, the project budget will reimburse the Parkland Fl o , 45. o consi era ion will be paid to the City for the conveyances to Department of Transportation, State of Colorado,or to the adjacent property owner. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Department of Transportation, State of Colorado. B. First Reading of Ordinance No. 069, 2007,Authorizing the Conveyance of a Parcel of Real Property at North College Avenue and Willow Street to the Adjacent Property Owner. C. First Reading of Ordin ce 0, 07 0 'ati Unanticipated Revenue in the Neighborhood Parkl Fund o R r Tr er of Real Property from the Neighborhood Parkla Fund the a tal P Tr Fund - North College Avenue Improvements Project. In 2003,the City completed the North College Avenue Improvements Project. This Project included improvements to paving, sidewalks, pedestrian lighting, crosswalks, and drainage in the area between North College Avenue and Jefferson Street. These Ordinances will complete the final transactions needed for this project. May 15, 2007 -2- Item No. 13 A-C BACKGROUND The North College Avenue Impr ent ojeq e " ec " was constructed in 2003 and included the addition of sidew s, b anes c ss d al ge improvements and roadway construction on North College om Je son S me bet. Funding for this Project came from different sources,includin i m nity Ch es Capital Improvement Program, Transportation Services Fund, and the Colorado Department of Transportation ("CDOT") which provided funds for this project from its Congestion Mitigation&Air Quality funds. Since CDOT funds were used for this project, the City was required to follow CDOT procedures during the design, acquisition and construction of this project. In the conceptual phase of this project, it was agreed between the City and CDOT that all property interests would be acquired by the City,and the conveyance would be to the City. It was further agreed that at the conclusion of the project, all the acquired property interests that extend from the back of the new curb and gutter into North College Avenue, or State Highway 287, would be conveyed,by Quit Claim Deed, from the City to CDOT. Once the project was completed, the City Surveyors concluded the only parcels that need to be conveyed to CDOT are adjacent to each other and are located on the west side of North College Avenue and north of Cherry Street (see attached map, Property #1). One parcel contains 3,702 square feet and the other parcel contains 556 square feet. Conveying these parcels,by Quit Claim Deed, to CDOT will complete CDOT's requirements. One of the objectives of the P ect waOAe. i eYessd on North College Avenue. To that end, the Project construc a pu ad frill Street that runs behind the businesses at 400 and 410 North eg acwas constructed on a portion of the City property at the Northside Aztlan Community Center ("NACC"),also known as the Old Fort Collins Heritage Park,and west of the Burlington Northern railroad tracks. This area had been used informally as overflow parking for the NACC for large events. During the design phase of the Project, staff discussed with the Parks Planning staff the possibility of transferring the required property for the Project from Parks to General Fund. Parks agreed to transfer the required 11,011 square feet (see attached map, Property#2) for the access road with the Project compensating the Parkland Fund in the amount of$4,075. During negotiations for the Project with the property owner("Owner")of400 North College,many land issues became apparent. These issues are itemized below: 1. For the purposes of the Project, the City desired to purchase from the Owner permanent and temporary interests vaCueI4,17 _2. Land ownership - Ta uired perty r theNACC in many different transactions. The Cits i survey pleted by Bradford Smith in May 1978,runs almost the entire length of the southern border of the Owner's property on Willow Street and the City's properties abut on the eastern boundary of the Owner's property. The configuration of the City's property along the southern boundary of the Owner's property was not usable by the City because at its widest point it is approximately 25 feet. Over the years,the Owner and past owners had incorporated the City's property into their property as part of their landscaping and parking and had assumed ownership of that area. May 15, 2007 -3- Item No. 13 A-C 3. Access and parking — Prior to the Project, this property had an entrance/exit on North College and access from Willow Street. The Owner had maximized his property and had a need for as much on-site parking as possible. Dunn ne otiations amutualC t a t re . The Owner volunteered to ive g g grSlup his North College access( ly si d ats a go of this Project)and the City agreed to convey the unusable City dja to ner° roperty, contingent upon Council approval. The property to be conveyed to the Owner consists of 3,974 square feet(see attached map, Property#3). Since the property to be conveyed is part of the NACC,the Project will reimburse the Parkland Fund $1,470 for this strip of land. The property to be conveyed to the Owner would be used for landscaping on the southern boundary and parking on the eastern boundary. The property to be used for parking is located between the new public access road and the Owner's property. An Agreement of Purchase and Sale of Real Property was executed by the City and the Owner. This Agreement granted possession to the City at execution and the Project improvements were constructed. Prior to staff taking this item for Council approval and subsequent closing,the Owner sold the property at 400 North College Avenue. The new property owner has the same concerns over parking availability and is anxious to conclude this transaction and receive ownership of the 3,974 square feet. Council approval of these Or an "ryete the North College Avenue Improvements Project. ATTACHMENTS 1. Property#1 - Property to be Conveyed to CDOT. 2. Property#2 - Property to be Transferred from the Parkland Fund to the General Fund. 3. Property#3 - Property to be Conveyed to the Owner of 400 North College. ORDINANCE NO. 068, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO PARCELS OF REAL PROPERTY ON NORTH COLLEGE AVENUE TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLOR-ADO WHEREAS, the City is the owner of various properties acquired as part of the North College Avenue Improvements Project (the "Project") and located on North College Avenue; and WHEREAS, the Project was funded from the Building Community Choices Capital Improvement Program, Transportation Services Fund, and the Department of Transportation, State of Colorado ("CDOT"); and WHEREAS, the City and CDOT agreed that all property interests acquired for the Project would be deeded to the City; and WHEREAS, it was further agreed that at the conclusion of the Project, all property acquired that is now in the new street right of way for North College Avenue, commencing at the back edge of the new curb and gutter, would be conveyed to CDOT; and WHEREAS, pursuant to this agreement, City staff has identified two parcels of land adjacent to each other on North College Avenue, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property") that should be conveyed to CDOT; and WHEREAS, such conveyance would be by quitclaim deed; and WHEREAS, Section 23-I11 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the 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 of the Property to CDOT, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and 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 Property to CDOT upon the terms and conditions described above, 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 corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2007, and to be presented for final passage on the 5t of June, A.D. 2007. May ATTEST: City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 069, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PARCEL OF REAL PROPERTY AT NORTH COLLEGE AVENUE AND WILLOW STREET TO THE ADJACENT PROPERTY OWNER WHEREAS, in 2003, the City constructed the North College Avenue Improvements Project (the "Project"); and WHEREAS, one of the primary goals of the Project was to limit the number of access drives on North College Avenue; and WHEREAS, as part of the Project, the City constructed a new public access road running north from Willow Street behind the properties located at 400 and 410 North College Avenue; and WHEREAS, during the Project City staff negotiated with several property owners to acquire all property interests required to construct the Project; and WHEREAS, during negotiations, the owner of the property located at 400 North College Avenue (the "Owner") agreed to give up his existing access drive on North College and use only the access from the new public access road; and WHEREAS, the City is the owner of a certain parcel of real property located at 112 Willow Street in Fort Collins, Colorado, known as the Northside Aztlan Community Center("NACC"); and WHEREAS, a strip of the NACC property containing approximately 3,974 square feet, as more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), now lies between the new access road and the eastern boundary of the Owner's property, and is not usable by the City for NACC purposes; and WHEREAS, the City and the Owner negotiated to exchange the Property for other interests in land needed for completion of the Project; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Property to the Owner, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and 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 Property described herein to the Owner upon the terms and conditions described above, 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 corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2007, and to be presented for final passage on the 5th day of June, A.D. 2007. / May ATTEST: City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 070, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE NEIGHBORHOOD PARKLAND FUND TO RECORD THE TRANSFER OF REAL PROPERTY FROM THE NEIGHBORHOOD PARKLAND FUND TO THE CAPITAL PROJECTS FUND - NORTH COLLEGE AVENUE IMPROVEMENTS PROJECT WHEREAS,on April 8, 1997, the voters of the City approved Ordinance No. 30, 1997(the "Ordinance"), authorizing the imposition of a quarter cent sales and use tax for the purpose of generating revenues to construct certain transportation projects described in the Building Community Choices ("BCC") capital improvement program; and WHEREAS, one such project approved for funding by the voters was the North College Avenue Corridor Improvements, Phase I (the "Project"); and WHEREAS, the scope of the Project as outlined in the Ordinance called for the phased construction of improvements to enhance the safety of pedestrians and vehicles on North College Avenue between Jefferson Street to Vine Street, and included the addition of sidewalks,bike lanes, access and drainage improvements; and WHEREAS,in addition to the BCC capital improvement program funding, Project funding also included Colorado Department of Transportation ("CDOT") Congestion Mitigation & Air Quality("CMAQ") funds, and a transfer from the City's Transportation Services Fund; and WHEREAS, as part of the project, a public access road to and from Willow Street was constructed just east of two businesses at 400 and 410 North College Avenue to minimize the access points along North College Avenue; and WHEREAS, the aforementioned public access road was constructed on 1 L0I 1 square feet of the Old Fort Collins Heritage Park(the Northside Aztlan Community Center site)just west of the Burlington Northern & Santa Fe railroad tracks; and WHEREAS,to complete the Project, an additional 3,974 square feet of the Old Fort Collins Heritage Park is to be conveyed to the adjacent property owner at 400 North College Avenue, pursuant to Ordinance No. 069, 2007; and WHEREAS, the total estimated value of the aforementioned two parcels of the Old Fort Collins Heritage Park land used to complete the Project is $5,545; and WHEREAS, adequate funds exist in the Project for the purpose of reimbursing the Neighborhood Parkland Fund for the loss of the two parcels of neighborhood parkland propertythat are being transferred or conveyed in conjunction with the completion of the Project; and WHEREAS, Article V, Section 9,of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of transferred funds ($5,545) from the Capital Projects Fund - North College Avenue Improvements project will not cause the total amount appropriated in the Neighborhood Parkland Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, it is the desire of the Council to appropriate the sum of$5,545, in transferred funds from the Capital Projects Fund - North College Avenue Improvements project, into the Neighborhood Parkland Fund,as reimbursement for property transferred to the Capital Projects Fund - North College Avenue Improvements project, to be used for purposes associated with providing neighborhood parks. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the Neighborhood Parkland Fund, the sum of FIVE THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS ($5,545), in transferred funds from the Capital Projects Fund - North College Avenue Improvements project, to be used for purposes associated with providing neighborhood parks. Introduced and considered favorably on first reading and ordered published this 15th day of May, A.D. 2007, and to be presented for final passage on h day of June, A.D. 200 . Mayor ATTEST:: 140PLV'ka�- City Clerk -2- Passed and adopted on final reading this 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk 3