HomeMy WebLinkAboutMemo - Mail Packet - 01/21/2025 - Memorandum from Raime Lanham re Ordinance No. 002, 2025 – Whitewater Park TCE for Xcel Gas Regulator StationOPERATIONS SERVICES
REAL ESTATE SERVICES
P.O. Box 580
Fort Collins, CO 80522-0580
(970) 221-6211
RealEstateServices@fcgov.com
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MEMORANDUM
Date: January 14, 2025
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City Manager
Denzel Maxwell, Assistant City Manager
From: Raime Lanham, Business Support III
Subject: Ordinance No. 002, 2025 - Whitewater Park TCE for Xcel Gas Regulator Station
This Memorandum is being sent to provide an update on the following questions raised by Council
on January 7, 2025, on First Reading of Ordinance No. 002, 2025, regarding the proposed TCE
(Temporary Construction Easement) conveyance to Xcel Energy in a portion of Whitewater Park.
The TCE is a legal agreement that allows a contractor or utility company to access a property for
a limited time for construction purposes. The easement is usually in place for the duration of the
construction project.
Did Natural Areas ever own any interest in that portion of Whitewater Park covered by the
TCE?
Upon extensive review of Real Estate Services, Parks, and Natural Areas Department files, city
staff were unable to locate any documentation evidencing that the areas affected by the TCE
were ever formally purchased, transferred, or owned by Natural Areas. The area in question was
purchased by Light & Power in 1955, and ownership and management of the area was
subsequently transferred to the Parks and Recreation Department in 1987 (see attached Exhibit
A), being five years prior to the formal creation of the Natural Areas Department in 1992.
Is Natural Areas entitled to any payments in relationship to the proposed TCE?
Natural Areas is not entitled to any compensation for the proposed TCE because they did not
ever purchase or contribute to the purchase of the land related to the TCE Area.
Docusign Envelope ID: 76642764-928D-41BB-B375-10FA0CD18745
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Can we require Xcel to install different aesthetically appealing fencing surrounding their
property as part of this TCE transaction?
Park Planning and Development is in discussions with the Xcel team to address the existing
security fencing.
What is the current policy for advising Parks and Recreation Board on conveyances of
interests in real property?
The current policy for seeking Parks and Recreation Board approval is limited to large and
impactful land purchases, sales, or policies, because the duties of Parks and Recreation Board
relate to “rules, regulations, policies and administrative and budgetary matters”. This Agenda item
for a temporary easement was evaluated to show minimal or no impact on the underlying uses of
Whitewater Park. When temporary easements on Parks properties have minimal impact on the
underlying property’s purpose and function, updates to the board are optional based on meeting
agenda time and availability.
Has the Parks and Recreation Advisory Board been advised of the proposed TCE?
The Parks and Recreation Board staff liaison has been advised of the TCE, and Park Planning
and Development staff will provide an update on this item at the January Parks and Recreation
Advisory Board meeting.
NEXT STEPS
• Amend AIS for Second Reading of Ordinance No. 002, 2025
• City Council consideration of updated materials
• Provide an update to the Parks & Recreation Advisory Board
CC: Tracy Ochsner, Operations Director
Ralph Campano, Real Estate Manager
Jonathan Piefer, Lead Real Estate Specialist
Missy Nelson, Sr Technical Project Manager, Parks
Docusign Envelope ID: 76642764-928D-41BB-B375-10FA0CD18745