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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/18/2001 - SECOND READING OF ORDINANCE NO. 125, 2001, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 7 DATE: September 18, 2001 FORT COLLINS CITY COUNCIL FROM: Craig Foreman SUBJECT: Second Reading of Ordinance No. 125, 2001, Authorizing the Sale of 1.032 Acres of Westfield Park to Pool of Dreams, Ltd. and Appropriating the Proceeds of Such Sale as Unanticipated Revenue in the Neighborhood Parkland Fund. RECOMMENDATION: Staff recommends the adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 125, 2001, was unanimously adopted on First Reading on August 21, 2001. During discussion of this item on First Reading, Councilmembers raised concerns about the use of the subject property if Pool of Dreams did not use it for its neighborhood pool. Council was concerned that the property might be developed in some manner that would not be compatible with Westfield Park. i To address this concern, staff requested that Pool of Dreams, Ltd. give the City a right of first refusal on the property. This right gives the City the opportunity to buy back the property on the same terms the property would be sold to another parry. The City could exercise this right to prevent the sale of the property to another party. Pool of Dreams has agreed that the City may in its deed reserve for the City a right of first refusal, provided that the City charge no compensation for the grant of drainage swale easements on Westfield Park property in the future } if those easements will not impact the developed park. Pool of Dreams has assured us it has every intention of building a neighborhood pool on the property. In the unlikely event Pool of Dreams is unable to build the pool, they could sell the property, subject to the City's right of first refusal, or they could develop the property. The property is zoned as Low Density Residential District (R-L). Permitted uses in an R-L District are quite limited and staff believes all permitted uses are compatible with Westfield Park. These permitted uses include: • Single-family detached dwellings including accessory buildings and uses; • Neighborhood parks, other parks, recreation and open lands; • Public facilities; • Places of worship or assembly; • Group homes; DATE: September 18,2001 2 ITEM NUMBER: 7 • Public and private schools for elementary, intermediate, and high school education; • Community facilities; • Child care centers; • Wireless telecommunication equipment. The most likely use of the property, other than for a neighborhood pool, is single-family detached dwellings. Neighborhood parks, like Westfield, are commonly bordered by single- family homes,and this is very compatible with our parks. The $120,000 Pool of Dreams will pay for the property is needed to help offset the increasing costs to develop parks, particularly rapidly rising costs for irrigation water rights. Ordinance No. 125, 2001, which was unanimously adopted on First Reading on August 21, 2001, authorizes the sale of 1.032 Acres of Westfield Park property and appropriating the $120,000 from the sale to the Neighborhood Parkland Fund. AGENDA ITEM SUMMARY ITEM NUMBER: 18 FORT COLLINS CITY COUNCIL DATE: August 21, 2001 STAFF: Craig Foreman SUBJECT: First Reading of Ordinance No. 125, 2001, Authorizing the Sale of 1.032 Acres of Westfield Park to Pool of Dreams, Ltd. and Appropriating the Proceeds of Such Sale as Unanticipated Revenue in the Neighborhood Parkland Fund. '" RECOMMENDATION: Staff recommends the adoption of the Ordinance on First Read { FINANCIAL IMPACT: -.. == The sale will provide $120,000 for neighborhood parks a t EXECUTIVE SUMMOY: The City purchased 14.61 acres'!'4land in 1981 for Westfield Neighborhood Park. The amount of land needed for the park was estimated at that time to be about 10 to 12 acres. The landowner would only sell 14.61 acres for $166,700. At the time of park development in 1997/98, the actual"amount of land needed to serve the residential area around the park was determined to be 11 acres. The park currently has 11 developed acres and complies with park acreage requirements in the 1996 Parks"and Recreation Policy Plan. A one-time fee on new housing funds new park acquisition and development. A group of neighbors,. organized as Pool of Dreams, approached the City in 1999 about acquiring a portion of the unused parkland at Westfield Park for a neighborhood pool. Residents in the area would use the pool. The pool would not be open to the general public. The development, operation and maintenance of the pool will be the responsibility of Pool of Dreams. DATE: August 21, 2001 2 ITEM NUMBER: 18 The City was interested in the proposal and, by coincidence, had already started discussion of the sale of the unused parkland at Westfield Park. The pool would be compatible with the Park and provides an additional recreational facility that cannot be provided by the City at this location. Negotiations for the sale of the site to Pool of Dreams started in early 1999. When a purchase price couldn't be reached on the 1.032 acre site, both parties agreed to have the property appraised. The appraisal was completed in August of 2000 and the value of the property was appraised at$120,000. Additional negotiations took place, and in December, s sent a letter of intent to Pool of Dreams, agreeing to hold the site at the appraised val $120,000 until October 1, 2001, pending Council consideration of the proposed sale. Staff recommending that Council approve this Ordinance, authorizing the sale of this property and appropriating the $120,000 from the sale to the Neighborhood Parkland Fund. d T WIP �xwtF�vF'.d. 3 � 'i Ri t"s rye; b e} E �iw ORDINANCE NO. 125, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF 1.032 ACRES OF WESTFIELD PARK TO POOL OF DREAMS, LTD. AND APPROPRIATING THE PROCEEDS OF SUCH SALE AS UNANTICIPATED REVENUE IN THE NEIGHBORHOOD PARKLAND FUND WHEREAS,in 1981 the City acquired 14.61 acres of land for the amount of$166,700,with the intention of using 10 to 12 acres of the land as the location for Westfield Neighborhood Park; and WHEREAS,when Westfield Neighborhood Park(the"Park")was developed in 1997-1998, the actual acreage used to develop the Park was 11 acres, with an area of 1.032 acres, more particularly described on Exhibit"A",attached hereto and incorporated herein by this reference(the "Property'l,remaining undeveloped and unused for park purposes; and WHEREAS, in 1999,a group of neighbors of the Park approached the City with a proposal to acquire the Property for use as a neighborhood pool that would not be open to the general public; and WHEREAS,the use of the Property as a pool would be compatible with the Park and would provide additional recreational facilities in the City; and WHEREAS,based upon an appraisal of the Property by a qualified appraiser,City staff has determined that the fair market value of the Property is $120,000; and WHEREAS, Pool of Dreams, Ltd. has agreed to pay to the City the amount of$120,000 in exchange for the conveyance of the Property subjectto the reservaticmby the City of a right of fast refusal on the Property; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City,provided the Council first finds by ordinance that any sale or disposition of real property owned by the City will be for the benefit of the City's citizens, and will be in the best interests of the City; 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 then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, it is the desire of the Council to authorize the sale of 1.032 acres of land of the Park subject to a City right of first refusal,and to appropriate the$120,000 from the sale of the land in the Neighborhood Parkland Fund. 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 Pool of Dreams,Ltd.,as described herein, will be for the benefit of the residents of the City and is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance or commitment as are necessary to convey the Property to Pool of Dreams,Ltd., ft Be consistent with the terms and conditions described above. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in the Neighborhood Parkland Fund the sum of ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000) for neighborhood parkland fund purposes. Introduced, considered favorably on first reading, and ordered published this 21st day of August,A.D.2001,and to be presented for final passage on the 18th day of September, A.D.2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of September, A.D. 2001. Mayor ATTEST: City Clerk