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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/04/2019 - FIRST READING OF ORDINANCE NO. 079, 2019, AUTHORIZAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY June 4, 2019 City Council STAFF Jason Licon, Airport Director Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 079, 2019, Authorizing Execution of a Deed of Dedication to the City of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City of Loveland Property at the Northern Colorado Regional Airport. EXECUTIVE SUMMARY The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell Avenue across jointly owned Airport property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In connection with development of real property adjacent to the Airport, the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property, requiring dedication of approximately 1.3 acres for right-of-way purposes. A map showing the location of the parcel to be dedicated and the adjacent development property is included as Attachment 1. The cost of constructing approximately 700 feet of the anticipated future extension will be borne by the developer of the adjacent property, with no financial contribution by the Airport. The full extension of Rockwell Avenue is reflected on the Council-approved 2007 Airport Master Plan for future aviation needs. This partial extension will benefit the Airport and is consistent with the Federal Aviation Administration’s (FAA) regulations and the Airport’s grant assurances to the FAA. After this initial extension, the remaining portion of Rockwell Avenue will, when completed in the future, provide access to a part of the Airport planned for future aviation development. This dedication by the City without compensation serves a bona fide public purpose by providing a portion of the planned expanded access to the Airport, which will enable further development of Airport property jointly owned by the City and satisfies the criteria in City Code Section 23-111 for disposition of a property interest without payment of fair market value because it will: (1) promote the health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins by enhancing the accessibility, developability and value of the Airport owned and operated jointly by the City; (2) support one (1) or more of the City Council's goals, adopted policies, projects or plans, specifically the 2007 Airport Master Plan that depicts the eventual extension of the roadway to serve future Airport development on jointly- owned property; Agenda Item 13 Item # 13 Page 2 (3) provide financial support that is leveraged with other funding or assistance, specifically, funding of construction costs by the developer, and maintenance and upkeep by the City of Loveland; (4) 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, specifically construction cost for this portion of the extension will be solely borne by the developer while benefiting the jointly-owned Airport property, the developer, the public, and the Cities; and (5) not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. CITY FINANCIAL IMPACTS There are no financial impacts to the City. BOARD / COMMISSION RECOMMENDATIONS At its May 16, 2019 meeting, the Northern Colorado Regional Airport Commission adopted a resolution recommending that the City Council approve this deed of dedication for Airport property to extend Rockwell Avenue. (Attachment 3) ATTACHMENTS 1. Airpark North Subdivision Location Map (PDF) 2. Northern Colorado Regional Airport Resolution R-1-2019 (PDF) Block Lot 2 1 Lot 1 Outlot A Block 1 Block Lot 3 1 Block Lot 4 2 AIRPARK NORTH FIRST SUBDIVISION Future Development Aeronautical Detention Detention Rockwell Ave Rickenbacker Rd E County Rd 30 I-25 Boyd Lake Ave Rockwell ROW ~ 700 Ave ft. Extension X 80 ft. A irport Perimeter Fence 0 0.25 0.5Miles K ATTACHMENT 1 RESOLUTION #R-1-2019 A RESOLUTION RECOMMENDING THAT THE CITIES OF FORT COLLINS AND LOVELAND AUTHORIZE AND EXECUTE A DEED OF DEDICATION FOR AIRPORT PROPERTY TO EXTEND ROCKWELL AVENUE WHEREAS, the Cities of Fort Collins and Loveland (the "Cities") currently operate and maintain the Northern Colorado Regional Airport (the "Airport") pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015 (the "IGA"), which established the Northern Colorado Regional Airport Commission (the "Commission") as the Airport governance structure; and WHEREAS, the Cities are joint owners of the Airport property, although the Airport is located within the jurisdictional boimdaries of the City of Loveland; and WHEREAS, a development known as Airpark North First Subdivision to the north of the Airport is in the process of finalizing a plat, and for such development, the developer must extend existing Rockwell Avenue onto Airport property in order to connect Rockwell Avenue to Rickenbacker Road. Rockwell Avenue currently ends at the boundary of Airport property; however, the Airpprt Master Plan shows Rockwell Avenue being extended onto the Airport property to serve future development on the Airport; and WHEREAS, in order to extend Rockwell Avenue onto the Airport property, the land for such right-of-way must be dedicated by the two Cities to Loveland as Rockwell Avenue will be a Loveland owned and maintained street. The two Cities as joint property owners will be required to sign a deed of dedication dedicating such land to the City of Loveland as right-of-way; and WHEREAS, the Airport, and accordingly the two Cities, will benefit from the extension of Rockwell Avenue onto the Airport property. The developer will also be required to pay a cash-in-lieu payment for its frontage of the remaining roadway to be constructed in the future which will serve Airport development; and WHEREAS, the Commission recommends to the two Cities that they approve and take action to execute the required deed of dedication to permit the extension of Rockwell Avenue onto Airport property. NOW THEREFORE BE IT RESOLVED BY THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION AS FOLLOWS: Section 1. That the Commission recommends that the Cities of Fort Collins and Loveland approve and execute a deed of dedication to the City of Loveland as necessary to extend Rockwell Avenue onto Airport property for the Airpark North First Subdivision development and future Airport development. Section 2. That this Resolution shall be effective as of the date and time of its adoption. ATTACHMENT 2 ADOPTED this 16'^ day of May, 2019. le Troxell, Chair of the Northern Colorado Regional Airport Commission ATTEST: Secretary APPROVHD AS TO I-ORM A<<^islant Citv Attomey -1- ORDINANCE NO. 079, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXECUTION OF A DEED OF DEDICATION TO THE CITY OF LOVELAND FOR THE EXTENSION OF ROCKWELL AVENUE ACROSS JOINTLY OWNED CITY AND CITY OF LOVELAND PROPERTY AT THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 1963, the City of Fort Collins (“City”) and the City of Loveland (“Loveland”) (collectively, the “Cities”) established a regional general aviation facility and became the joint owners and operators of the Northern Colorado Regional Airport (the “Airport”); and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015, as amended (the “IGA”); and WHEREAS, in connection with development of real property adjacent to the Airport, the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property and wishes to acquire the City's fee interest in a portion of a jointly owned parcel of land consisting of 1.3 acres in size, more specifically described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Dedication Parcel”) for right-of-way purposes; and WHEREAS, the Dedication Property will serve as a planned extension of Rockwell Avenue, benefitting the Airport and the City as a joint owner, allowing a secondary access point into the Airport from the north, and reducing the Cities’ future obligations to extend the initial 700 foot portion of the road for access; and WHEREAS, City Code Section 23-111 provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that such sale or disposition serves a bona fide public purpose because it meets the five criteria set forth therein; and WHEREAS, Council determines that conveyance of the City’s fee interest in the Dedication Parcel to Loveland for right-of-way purposes without requiring Loveland pay compensation to the City serves a bona fide public purpose of providing a portion of the planned expanded access to the Airport, which will enable further development of Airport property jointly owned by the City because the initial 700 foot extension of Rockwell Avenue thereon will: (1) promote the health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins by enhancing the accessibility, developability and value of the Airport owned and operated jointly by the City; (2) support one (1) or more of the City Council's goals, adopted policies, projects or plans, specifically the 2007 Airport Master Plan that depicts the eventual -2- extension of the roadway to serve future Airport development on jointly-owned property; (3) provide financial support that is leveraged with other funding or assistance, specifically funding of construction costs by the developer and maintenance and upkeep of the right-of-way by the City of Loveland; (4) 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, specifically construction cost for this portion of the extension will be solely borne by the developer while benefiting the jointly-owned Airport property, the developer, the public, and the Cities; and (5) not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That City Council hereby makes any and all determinations and findings contained in the recitals set forth, and specifically finds that the conveyance of the Dedication Parcel is in the best interests of the City, serves a bona fide public purpose and meets the requirements of City Code Section 23-111 for the reasons set forth therein. Section 2. That the City Council hereby authorizes the Mayor to execute such documents of conveyance as are necessary to convey the Dedication Parcel to the City of Loveland upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D. 2019, and to be presented for final passage on the 2nd day of July, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 2nd day of July, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk (;+,%,7$ /(*$/'(6&5,37,21$1''(3,&7,212)'(',&$7,213$5&(/