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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/01/2015 - SECOND READING OF ORDINANCE NO. 149, 2015, AUTHORIAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY December 1, 2015 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director SUBJECT Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System. EXECUTIVE SUMMARY This Ordinance unanimously adopted on First Reading on November 17, 2015, authorizes conveyance of a ten-year renewable easement to Colorado State University on Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural Area. The Natural Areas Department proposed that the City grant a permanent easement to the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. On First Reading, Council amended the Ordinance to authorize the City to enter into a ten-year easement agreement with CSU that will automatically renew for successive ten-year terms, unless either party elects to terminate the easement after notice to the other party. The easement will also enable CSU and its students to carry out two other group activities that currently require annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural Area and no additional impacts are anticipated. No other access rights are to be conveyed. Minor edits have been made to the Ordinance language consistent with Council’s amendments on First Reading and are shown in the Ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 17, 2015 (w/o attachments) (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY November 17, 2015 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director SUBJECT First Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System. EXECUTIVE SUMMARY The purpose of this item is to authorize conveyance of a permanent easement to Colorado State University on Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural Area. The Natural Areas Department proposes that the City enter into a permanent easement agreement with the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The easement will replace a 99-year lease that provided CSU with access to maintain the Aggie “A” on the Natural Area. The easement will also enable CSU and its students to carry out two other group activities that currently require annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural Area and no additional impacts are anticipated. No other access rights are to be conveyed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In the late 1970s, the City Parks and Recreation Department acquired more than 160 acres from the Maxwell family (the property is part of Maxwell Natural Area and is owned/managed by the Natural Areas Department - see Attachments 1 and 2). At the time the land was purchased, the property was already subject to an existing 99-year lease (set to expire on December 19, 2022) between R.G. Maxwell and the State Board of Agriculture. The lease gives the State Board of Agriculture and its successors the right of ingress and egress to the Maxwell property for the purpose of constructing and repairing the Aggie “A”. The “A” was constructed in 1923 and has been registered since 1995 on the Colorado State Register of Historic Properties as an example of hillside monograms which are distinctive landmarks in western states. (Note: The “A” is not a set structure (e.g., concrete) but instead consists of rocks and vegetation painted white in the shape of the letter. It is approximately 450 feet long and 210 feet across.) Over the years, CSU’s use of Maxwell Natural Area has expanded from maintenance of the “A” to include two additional student activities: the annual freshman hike to the “A” and the lighting of the “A” at homecoming. These activities, including the painting of the “A”, have necessitated multiple permits on a yearly basis since Natural Areas has made special allowances for off-trail use for large groups (the painting of the “A” involves upwards of 70 people). At the request of the City Manager’s office, Natural Areas staff began exploring alternatives to the lease and permit arrangement to simplify the process for CSU and for Natural Areas. Natural Areas staff met with CSU representatives earlier this year and discussed several options, including an updated lease, a potential land trade, and a permanent easement. The parties agreed that a permanent easement would provide the best solution - the easement enables NAD to retain management responsibilities ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 and to conduct its own activities within the “A” area while eliminating the need for the annual permits and updating the requirements for CSU’s activities. (A lease implies exclusive use of the property and could potentially restrict Natural Area's ability to manage and maintain the land.) The original lease contained very few details or parameters for CSU’s access to the “A”, simply stating the State Board of Agriculture had “the right of ingress and egress to the said land for the purpose of constructing and repairing the College letter “A”’”. The easement establishes the boundaries of CSU’s access and provides ingress and egress to the “A” from County Road 23 via existing trails. (CSU is providing a survey of the easement area. See Attachment 3 - Aerial Map of Proposed CSU Easement Area for a general depiction) In addition, the easement outlines notification requirements and provides direction on the type of equipment and paint used to light and paint the “A. The easement also spells out obligations for cleanup and repairs should CSU’s activities generate debris or cause damage. All costs associated with construction, restoration or maintenance of the “A” are to be borne by CSU. Natural Areas is requiring low VOC latex paint and natural pigments to minimize the biological impacts of continued use of the area by CSU. (The Environmental Protection Agency (EPA) defines low VOC latex paint as that containing <251 g/L VOC.) The easement also includes a vegetation management plan by which CSU may conduct minor vegetation maintenance in the area immediately adjacent to the “A” (e.g., pruning shrubs such as Mountain Mahogany to a height of no less than 3 feet tall). While staff appreciates the recommendation of the Land Conservation and Stewardship Board (LCSB) to enter into a lease instead of a permanent easement, staff continues to recommend a permanent easement. Staff believes that periodically renegotiating a lease defeats a key motivation for pursuing the easement, which is relieving both the City and CSU from having to repeatedly revisit what both parties agree should be a long- standing arrangement and agreement. Moreover, if the “A” should ever be abandoned by CSU, the City has the right to terminate the easement with prior notice to CSU. CITY FINANCIAL IMPACTS NAD is requesting a nominal consideration for the easement in the amount of $100. There will be no additional financial impact to NAD due to the fact that this is replacing an existing lease and that no new improvements will be located on the property. Staff believes that this below market conveyance serves a bona fide public purpose as required by Section 23-114 of the City Code because: 1. The use to which the Easement will be put promotes health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins, as the “A” has long been a major focal point for student activities at CSU that help build the culture of the student body. Students comprise a significant portion of our community and participation in “A”- related activities promotes community engagement and welfare. 2. The Easement and continued use and preservation of the “A” support the preservation of an historic landmark and City Plan Principle LIV16: “The quality of life in Fort Collins will be enhanced by the preservation of historic resources and inclusion of heritage in the daily life and development of the community.” 3. The financial support provided by the City through the below-market disposition of the Easement will be leveraged with other funding or assistance, including maintenance work by the CSU Alumni Association. 4. Conveyance of the Easement will not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served. 5. Conveyance of the Easement for less than fair market rent will not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. Agenda Item 10 Item # 10 Page 3 BOARD / COMMISSION RECOMMENDATION The item was presented to the Land Conservation Stewardship Board (LCSB) on October 14, 2015. Five of nine board members were present and voted unanimously to recommend that City Council consider a lease arrangement instead of a permanent easement. The LCSB’s formal recommendation as outlined in a memo to City Council dated November 3, 2015, is as follows: 1. The LCSB recommends to City Staff and to City Council that a permanent easement not be granted to CSU or the State Board of Agriculture for access through the Maxwell Natural Area to the CSU "A." 2. That a new lease replace the remaining term of the 99-year lease that was established between the State Board of Agriculture and the Maxwell family, which has an expiration date of 19 Dec 2022. 3. The new lease should be structured as an umbrella permit for uses that have required multiple special-use permit applications from CSU and approval by City entities, thus removing the need for annual application and approval, and should be specific about: (1) permitted routes and times (events) of access; (2) allowable activities; (3) other conditions and restrictions that the Natural Areas Department (NAD) deems necessary. (Attachments 4 and 5) ATTACHMENTS 1. Location map (PDF) 2. Aerial map-Maxwell Natural Area (PDF) 3. Aerial map-proposed CSU easement area (PDF) 4. Land Conservation & Stewardship Board minutes, October 14, 2015 (PDF) 5. Land Conservation & Stewardship Board memo re: CSU access to Aggie "A" recommendation (PDF)