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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/17/2016 - ITEMS RELATING TO THE SOUTHEAST COMMUNITY PARKAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Craig Kisling, Landscape Architect SUBJECT Items Relating to the Southeast Community Park. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. Second Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. These Ordinances, adopted unanimously on First Reading, on May 3, 2015, declares certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and authorizes the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins- Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. Ordinance No. 059, 2016 (PDF) 3. Ordinance No. 060, 2016 (PDF) ATTACHMENT 1 Item # 10 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Craig Kisling, Landscape Architect SUBJECT Items Relating to the Southeast Community Park. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. First Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. The purpose of this item is to declare certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and to authorize the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The City property was conveyed by Poudre School District to the City in 2002 for future park purposes. The park will be the seventh community park in Fort Collins and will feature creative play areas, trails, gardens, and natural features. Construction of the park will begin in the spring of 2016 and is anticipated to be open by summer 2017. More information about the design for the park can be found on the Southeast Community Park website: <http://www.fcgov.com/parkplanning/southeast.php>. As part of the development process for the park, the City needs to establish an easement and rights of way on the City property: • Road Right of Way-Portions of the City property along Ziegler Road, Kechter Road, and Lady Moon Drive will need to be designated as road right-of-way in accordance with the Larimer County Urban Area Street Standards and the City Master Street Plan. ATTACHMENT 1 Item # 10 Page 2 • Fire Hydrant Waterline Easement-The City property lies within the Fort Collins-Loveland Water District and will need water service from the District for a fire hydrant and restroom. The City needs to convey a waterline easement to the District to install a waterline connection from Kechter Road to the fire hydrant location within the park. The City will then install a connection from the fire hydrant leading to the restroom. In addition to the fire hydrant waterline easement needed for the park, the District needs to install a 24-inch waterline running north and south along Ziegler Road to provide water service to customers in the surrounding region. As such, the District has requested an easement from the City and has agreed to coordinate the waterline installation with the park construction to avoid disturbance of the newly planned park improvements. CITY FINANCIAL IMPACTS In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an amount equal to or greater than the fair market value. In this case, the in-kind benefits to the City from the transaction exceed the fair market value of the easements, which is estimated to be $15,050. The conveyance of the waterline easements to the District will provide required service to the park and provide water service for other future development in the area, which may include additional City facilities. The District will also waive the cost of a second water tap and sewer fee for a second restroom at the Park if the City does not charge for the easements, which will save the City approximately $92,000. The construction coordination between the two entities will also result in overall cost savings to the City due to having the same contractor perform the work for both the park and the waterline, as well as, having the waterline installed now preventing future disturbance to the park infrastructure and closure of the main entrance. Given the overall benefits to the City, staff proposes the easements to the District be conveyed at no additional cost. PUBLIC OUTREACH Several community meetings and open houses have been hosted by City staff for the planned park. More information on these meetings can be found on the Southeast Community Park website: <http://www.fcgov.com/parkplanning/southeast.php> ATTACHMENTS 1. Location map (PDF) 2. Right-of-way and Easement detail (PDF) 3. Concept Picture (PDF) 4. Sustainability Assessment Summary and Tool (PDF) -1- ORDINANCE NO. 059, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AT THE SOUTHEAST COMMUNITY PARK SITE AS ROAD RIGHT-OF-WAY WHEREAS, the City owns A 54-acre parcel of property located at the northeast corner of Kechter Road and Ziegler Road (the “Property”), which the City plans to develop as the new Southeast Community Park (the “Park”); and WHEREAS, in order to meet the requirements of the Larimer County Urban Area Street Standards and the City Master Street Plan when developing the Park, portions of the Property will have to be used as additional public right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive; and WHEREAS, the portions of the Property to be designated as right-of-way are more specifically described on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, in order to establish a public record that this portion of the Property is intended for use by the City as right-of-way for a public roadway and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, staff recommends that the City Council declare such property to be right-of-way; and WHEREAS, converting property owned by the City in fee simple to right-of-way constitutes a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby declares that the real property described on Exhibit “A” shall constitute right-of-way for City streets and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interests of the City. -2- Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes effective in accordance with Article II Section 7 of the City Charter. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A -1- ORDINANCE NO. 060, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO WATERLINE EASEMENTS ON CITY PROPERTY TO THE FORT COLLINS-LOVELAND WATER DISTRICT WHEREAS, the City is the owner of 54 acres of land located at the northeast corner of Kechter Road and Ziegler Road in Fort Collins (the “Property”); and WHEREAS, the Property was acquired from Poudre School District in 2002 as the site for a Southeast Community Park (the “Park”), which the City expects to start constructing in 2016; and WHEREAS, the Property is located in the Fort Collins-Loveland Water District (the “District”), and the City has petitioned for inclusion in the District so that the City can get water service for the Park from the District; and WHERAS, in order to get water service on the Property, the City will have to grant the District an easement for a waterline to serve the Park; and WHEREAS, the proposed waterline easement for the Park is described on Exhibit “A”, attached and incorporated herein by reference (the “Park Waterline Easement”); and WHEREAS, the District has requested an additional easement across the Property for installation of a 24-inch waterline to serve other property owners within the District; and WHEREAS, the proposed easement for the 24-inch waterline is described on Exhibit “B”, attached and incorporated herein by reference (the “District Waterline Easement”); and WHEREAS, the approximate fair market value of the Easements is $15,050; and WHEREAS, staff is recommending that the City not charge the District for the Easements because the benefits to the City exceed the fair market value, including the following:  The Park Waterline Easement is for the benefit of the City as it will provide water service to the Park;  In exchange for the City not charging the District for the District Waterline Easement, the District will not charge the City an extra tap fee and sewer fee for a second restroom, saving the City approximately $92,000 in costs for development of the Park;  The District has agreed to coordinate installation of the 24-inch waterline with the development of the Park preventing future disturbance to Park infrastructure; and  The 24-inch waterline will serve future residential and commercial development, and possibly future City facilities, in the southeast part of the City; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the -2- 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easements to the District as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to the District on 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 are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk