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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2001 - SECOND READING OF ORDINANCE NO. 164, 2001, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 9 DATE: November 20, 2001 FORT COLLINS CITY COUNCIL Ron Mills STAFF: Mark Sears SUBJECT : Second Reading of Ordinance No. 164, 2001, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for a Natural Area Along Spring Creek on a Portion of Lot 1 of Shadowbrook P.U.D. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Over the past several years the Brookhaven Homeowner's Association has approached the City inquiring whether the City was interested in purchasing land along Spring Creek as the creek moves through its Planned Unit Development. In June of this year, the Association presented a formal proposal to sell 2.484 acres of land along Spring Creek to the Natural Resources Department for $10,000. Staff has reviewed and approves the proposal. However, due to the restrictive nature of the Associations' Condominium Declaration for the conveyance of property, the Associations' Board of Directors has requested the City acquire the property through eminent domain. Without eminent domain, all Brookhaven Homeowners (approximately 50 homeowners) in the Association and any lending institutions holding deeds of trust on each condominium would need to execute the conveyance document pursuant to the Bylaws of the Association. Ordinance No. 164,2001,which was unanimously adopted on First Reading on November 6, 2001, authorizes the use of eminent domain proceedings to acquire the property. AGENDA ITEM SUMMARY ITEM NUMBER: 17 DATE: November 6, 2001 FORT COLLINS CITY COUNCIL STAFF: Ron Mills Mark Sears SUBJECT: First Reading of Ordinance No. 164, 2001, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for a Natural Area Along Spring Creek on a Portion of Lot 1 of Shadowbrook P.U.D. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading EXECUTIVE SUMMARY: Over the past several years the Brookhaven Homeowner's Association has approached the City inquiring whether the City was interested in purchasing land_along Spring Creek as the creek moves through its Planned Unit Development In June of this year, the Association presented a formal proposal to sell 2.484 acres of land along§piing,Creek to the.Natural Resources Department for $10,000. Staff has reviewed and approves the proposal. However, due to the restrictive nature of the Associations' Condominium Declaration for the conveyance of property, the Associations' Board of Directors has requested the City acquire the property through eminent domain. Without eminent domain, all Brookhaven Homeowners (approximately 50 homeowners) in the Association and any lending institutions holding deeds of trust on each condominium wouldneed to execute the conveyance document pursuant to the Bylaws of the Association. Staff recommends adoption of this Ordinance on First Reading to authorize the use of eminent domain proceedings to acquire the property. DATE:November 6, 2001 2 ITEM NUMBER: 3. Cricket will attach its antenna to the upper portion (just below the Sprint antenna) of the concrete pole and will attach the ballfield lights to the upper middle portion of the pole. 4. Cricket will construct an 8' fence to enclose the site that will house its communication equipment. The site will have a sloped fence top that will prevent softballs from entering the enclosure. This enclosure will be built to match the existing fenced enclosures leased by Sprint and VoiceStream. = 5. Sprint,Voicestream and Cricket will maintain the site. 6. The antenna and equipment will not interfere with other communication equipment used in the area of the site. 7. The lease is for five years and will be automatically renewed for up,to three additional five-year periods and one shorter period unless either party provides notice of non-renewal. The lease must terminate no later than March 8, 2023,,just over'21-years from now,to coincide with both the Sprint and WkeStream leases. , 8. The lease incorporates the requirements'of-the City's Planning Department under which Cricket must fund the purchase of four trees,for installation by the City in the spring of 2002. 9. The lease also includes the grant of nopexclusive utility and access easements for use by Cricket consistent with. lease ctttrmgEt to term of tie lease. The revenue from the lease will be used for repair and renovation of existing park facilities and equipment (Life Cycle). The Parks Division Life Cycle program has been under funded since its inception because of the significant cost of keeping the extensive Parks infrastructure in good repair. Parks is constantly searching for new and innovative ways to meet these unfunded needs without requiring additional General Fund dollars. The antenna and equipment enclosure have been reviewed by the staff in Park Planning and Development, Recreation, and Park Maintenance. The antenna and enclosure will not materially detract from the aesthetics of the area or interfere with recreational uses and maintenance. Cricket Communication will complete the required development review process for the proposed antenna and equipment enclosure. Nothing in the Site Lease with Option relieves Cricket of its obligation to seek all necessary regulatory approvals. Staff recommends that Council approve the option and lease in order to generate the needed revenue for the Parks`Division's Life Cycle improvements.