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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2017 - FIRST READING OF ORDINANCE NO. 089, 2017, AUTHORIZAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY July 5, 2017 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT First Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes. EXECUTIVE SUMMARY The purpose of this item is to authorize conveyance of a utility easement and an amended access easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins residents from a downtown regulator station along the Poudre River. The City has asked Public Service to realign its access easement to the regulator station and formalize its utility easements as part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Parks and Real Estate Services staff has been engaged in acquiring fee title and easement interests along East Vine Drive for the Whitewater Park during the past three years. As part of the whitewater park project, the City asked Public Service Company of Colorado (PSCo), an Xcel Energy company, to realign an existing access easement, formalize two utility easements that cross Gustav Swanson Natural Area and dedicate land for trail purposes. PSCo owns an inholding, a regulator station, in the midst of the area slated for the Whitewater Park. (Note: this portion of the planned park is currently part of Gustav Swanson Natural Area.) PSCo holds an existing 15 foot- wide access easement across a gravel road from East Vine Drive to its regulator station (Book 825 Page 530, warranty deed recorded November 25, 1946). PSCo also owns an aboveground electric line and underground gas line that service the regulator station and run parallel to the access road. As designs for the Whitewater Park came together, Parks staff recognized a need to acquire a strip of the regulator station for the extension of the Poudre River trail on the River’s north bank. Staff also wants to realign the current access road to accommodate proposed emergency and public access from Vine Drive. The access road will be rerouted around a wetland and expanded from 15 feet to 20 feet to accommodate PSCo’s use, as well as public pedestrian and bicycle use and emergency services. Staff discovered during the Whitewater Park platting process that no formal recorded document exists specifically for either the electric line or gas line. However, the utility lines have been referenced in documents dating back to the 1940s. Discussions with PSCo have proven successful. PSCo is willing to dedicate the 1,929 square feet (0.044 acre) of land for the trail and is willing to relocate its access. In order to establish easements of record for the utility Agenda Item 14 Item # 14 Page 2 lines, staff has proposed (and PSCo has been amenable to) conveyance of an easement that will document the utilities’ precise locations and uses. PSCo has been supportive of the Whitewater Park project and staff believes it is in the City’s best interests to proceed with the easements. CITY FINANCIAL IMPACTS Given PSCo’s willingness to convey the 1,929 square feet of land for the Whitewater Park and the existence of the access and utility lines for many decades, the access easement amendment and utility easement formalization will be granted to PSCo at no cost. BOARD / COMMISSION RECOMMENDATION At its June 14, 2017 meeting, the Land Conservation and Stewardship Board voted to recommend City Council authorize the access easement amendment and utility easements for PSCo across Gustav Swanson Natural Area. ATTACHMENTS 1. Project Location Map (PDF) 2. Easement Location Map (PDF) 3. Land Conservation & Stewardship Board minutes (excerpt), June 14, 2017 (draft) (PDF) ³I ³I ÕZYXW ÕZYXW E Vine Dr N College Ave E Vine Dr N College Ave ± Project Location Map Natural Areas Property Public Service Company regulator station City properties—whitewater park Attachment 1 Gustav Swanson Natural Area Attachment 2 Whitewater park area PSCo property to be dedicated PSCo property Existing access/utility easement location Proposed re-alignment of access easement Land Conservation 7 Stewardship Board Meeting June 14, 2017 - Meeting Minutes Excerpt Easement Amendment and Easement Formalization for Public Service Tawnya Ernst, Real Estate Specialist requested the Board recommend that City Council approve an access easement re-alignment and formalization of two utility easements held by Public Service Company for the Poudre River Downtown Whitewater Park project on Gustav Swanson Natural Area. Discussion Tawnya – I’ve been working with the Parks Department over the last two years to help them acquire some of the properties along Vine for the white water park and I’ve also been tasked with helping obtain some easements. Public Service Company of Colorado (PSCo) is willing to dedicate a strip of land that’s part of their regulator station so Parks can construct a trail along the north bank. While talking to PSCo about this dedication, we realized a couple of other things we needed to collaborate on. It was discovered during the white water park platting process that no formal recorded document exists specifically for the electric line and gas line to the regulator station. However, the utility lines have been referenced in documents dating back to the 1940s. Through our title searches we haven’t been able to find any recorded easements so we would like to formalize an electric and gas line easement. Also Parks wants to realign the existing access road easement. The access road will also be used for emergency services and public pedestrian and bicycle use. Ed –So in summary you want to realign an existing easement and add a new one. Tawyna – Yes, essentially they’re kind of new, they were there but un-documented. Joe – So is there going to be a pedestrian and bike trail coming down from Vine? Is that for people to come down to the river and use it as a kayak park? Where will people park their cars? Tawnya – Yes, that’s correct. They actually intend to put a parking area on what is now owned by the Inverness Innovation Park Association. It will be dedicated to the City in a couple of months. The main access to the river will actually be from the south bank, but the trail they are planning to extend, from Gustav Swanson, east of the railroad, will cross Poudre Pet and Feed’s property and connect to College. Ed – Will that be another branch of the trail or relocation of the trail? Tawnya – It will be another branch of the trail. Joe – And it will start at College and end where? Tawnya- There’s a little stub of a trail that ends at Gustav Swanson. There will be a pedestrian bridge positioned across the river. Vicky – Who owns the two properties in white? Tawnya- They are owned by a couple of welding shops. We wanted to acquire those two properties as well but we ran out of money. ATTACHMENT 3 Kelly – Why do they want that extra little spur of a trail? Tawnya – To have the ability for vehicle turnarounds, like firetrucks. Kelly – On the bike trail? Tawnya – Oh I’m sorry, they want to have more accessibility on the north side of the river. They will be expecting more people and need a designated path that will run along the north bank. Kelly – Will the additional trail be close to the river? Tawnya – I’m not sure, I don’t have the exact location. Kelly – Since we always try to seize the moment to underground electric lines are we going to here? Tawnya – Not at this point. Kelly – Not being argumentative, environmental impacts are expected to be limited. I don’t know if it’s temporary, limited, or what? Tawnya – I think they expect it to be limited, in scope; they’re doing what they can to preserve the wetlands, west of the current access road. It won’t be a tremendous amount of impact. As far as the actual spur trail I know that they’re going to do as best as they can designing it sensitively through the river corridor. Mark do you know if once the water park is established we have clarity of how this part is going to be managed? Will that be taken over by Parks? Mark – Yes, it will be taken over by Parks. We will have a memo of understanding between NAD and the Parks Department. We will still manage everything southeast of the railroad tracks, related to Gustav Swanson and they’ll manage the land to the northwest. Natural Areas did not purchase a large portion of Gustav Swanson, it was city-owned property before it ever became a natural area. The only portion that Natural Areas monies went to was one lot along Vine. We contributed with Stormwater to purchase one of the lots. We don’t have a lot of money invested in that portion of Gustav Swanson and we don’t have a lot of restoration funds invested either. We took it over and have done mostly weed control; we really don’t have much in terms of public improvements on that portion of the site. Ed – Mark from a natural areas perspective are you comfortable with the overall plan that’s being described here? Mark - Yes, although John and I were pretty apprehensive, as most of our staff were, in the beginning about having a white water park., But if there is to be one, I think Parks has picked the very best location for one. With the bank enhancements, public improvements, and re-vegetation it’s going to be a significant improvement to the river corridor. I think it’s going to be heavily used by recreationists. There will be improved landscape, mostly native vegetation. Visually it will look a lot nicer and feel like a more natural river. We’re excited about it, that’s why a million dollars of NAD money is going into it. Joe – Was the Downtown Master Plan pulled from City Council as discussion item? Daylan – Yes, the whole project was pulled. They’re not ready for prime time yet. Kelly – Can you show me the old access road and new access road? Tawnya – Sure Kelly – So there’s going to be a new location for the access road, but how is it different? Tawnya – Right now it’s a 15 ft. easement; it’s now going to be a 20 ft. Kelly – That’s significantly different. Mike – The area where they have been backing up trucks is already disturbed. Joe – Is that expansion more for the bicycle trail plus the road? Is it dual purpose? Tawnya – Yes, it will have the bike and pedestrian trail in the same location as well as the emergency access and PSCo’s access. It will be interesting to see how that plays out. Ed – That’s a major transportation corridor. Kelly – Historically with Park brought all kinds of trail placement issues to the Board, is this just not significant enough? What’s the deal there? Tawnya – The designs aren’t completely final yet. Kelly – But it’s always good to get in when they’re not final. We like to keep those trails as far away from the river as possible. Tawnya – I’d be glad to bring that up. Dave – From the inception to date, I have been totally against the water park. As soon as I read this water park plan I had a dreadful time getting my blood pressure down. Maybe I’m being a contrarian but I’m going to vote “no” on this thing. Ed – Do you want to tell us why? Dave – Because I’m deeply against anything that is helping promote building anything on the water park. Kelly – I agree with you completely on the water park, my main objection is mainly using the natural areas funds. Since the ship sailed Ed – Just to be clear there’s no NAD funds involved in this easement at all, is that correct? Tawnya – No Kelly – I would like some clarity from Mark, because you kind of surprised me, because you and John, to your credit, were not exactly embracing the concept early on of the water park. How do you now, how do you think $1M, the term “habitat” and not “landscaping” versus while, knowing the history of the ballot measures, citizen initiated ballot measures, how does $1M seem appropriate. Mark – I just think the word “landscaping” is probably more closely in line as opposed to habitat or wildlife creation or true river bank restoration. That site, aesthetically, is not very pleasing and the river banks are concrete walls right now, so I think it’s going to very much enhance the natural performance of the river and allow the river to overflow its banks and it’s going to allow the riparian area to be expanded. I don’t think we’re going to have great habitat there like we’ve created at McMurry or Homestead, primarily because of the level of use there. Do I think we’re going to get our million dollar’s worth? Yes I think it’s going to be an incredible enhancement to the river. Joe – Just to jump in, aquatic habitat-wise, they are going to make a lot of improvements compared to what it is now. Kelly - I did want to clarify that, along with other things on the Board, I guess, it used to be effective; I’m not saying it won’t look better. The thing that I’ve tried to impress upon to other individuals on the Board is that you have to look where the monies are coming from. A lot of the projects the City does, I think are going to look five times better than it does now; my point is was it appropriate to use Natural Areas funds. You can’t just focus on is it going to look better or be better than it was before the appropriate use of dollars and different funds is what most of the discussion in city interim is about. Is it legal, is it moral, is it ethical, is it appropriate to spend those particular funds on that issue. I’m just saying, in this case, and I know that battle has been fought and lost, from my perspective, but in the future, it’s not enough to just say “it will look nicer”. That’s not really the point. Forget the project overall, I think it’s going to be, forget the project overall, its’ just aesthetically on the north side and it’s going to look a lot nicer. That’s not the issue for me. I was very poor at trying to get that point across. Marcia – One last question. We talked about this being access where one could expect a firetruck or ambulance access on the north side. Is there going to be vehicle access from the power plant on the southside or are they looking at that as the key safety access? Tawnya – That’s the key safety access. Joe Piesman made a motion that the Land Conservation & Stewardship Board recommend that City Council authorize the access easement amendment and utility easements for PSCo across Gustav Swanson Natural Area. Andrea Elson seconded the motion. The motion was approved 7-2 -1- ORDINANCE NO. 089, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN AMENDED ACCESS EASEMENT AND A UTILITY EASEMENT ON CITY-OWNED PROPERTY AT GUSTAV SWANSON NATURAL AREA TO PUBLIC SERVICE COMPANY OF COLORADO IN EXCHANGE FOR THE DEDICATION OF LAND FOR TRAIL PURPOSES WHEREAS, the City is the owner of property located along East Vine Drive on the north side of the Poudre River known as Gustav Swanson Natural Area (the “City Property”); and WHEREAS, Public Service Company of Colorado (“PSCo”) owns a regulator station on a parcel of land surrounded by the City Property (the “PSCo Property”); and WHEREAS, former owners of the City Property conveyed the PSCo Property to PSCo in 1946 along with a fifteen-foot access easement across the City Property; and WHEREAS, PSCo also owns gas and electric lines that cross the City Property to serve the PSCo property, but no easement of record has been located for either utility line; and WHEREAS, the City is planning to construct a whitewater park on the north bank of the Poudre River, and the plans for the whitewater park call for creating a new twenty-foot access road for both public and emergency access that could also be used as access to the PSCo Property; and WHEREAS, City staff would also like to have a formal easement with PSCo for its utility lines; and WHEREAS, PSCo has agreed to amend its existing access easement to be along the new access road, and accept a new 50-foot utility easement for its utility lines; and WHEREAS, the proposed realigned access easement is more particularly described on Exhibit “A”, attached and incorporated herein by reference (the “Access Easement”); and WHEREAS, the location and width of the proposed utility easement is shown on Exhibit “B”, attached and incorporated herein by reference (the “Utility Easement”), and a legal description will be prepared prior to conveyance of the Utility Easement; and WHEREAS, City staff has recommended that the City not charge PSCo for either of the Easements because PSCo has agreed to dedicate to the City almost 2,000 square feet of the PSCo Property to be used for trail purposes as part of the whitewater park project; and WHEREAS, at its regular meeting on June 14, 2017, the Land Conservation and Stewardship Board voted to recommend granting the Easements to PSCo; and -2- 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 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 Access Easement and Utility Easement to PSCo 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 PSCo 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 description of the Easements, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT % 650 E. Garden Drive | Windsor, Colorado 80550 phone: (970) 686-5011 | fax: (970) 686-5821 KING SURVEYORS email: contact@KingSurveyors.com