HomeMy WebLinkAbout10676ORDINANCE NO. 10676
AN ORDINANCE (1) APPROVING TWO MEMORANDA OF
AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE
STATE OF COLORADO BY AND THROUGH THE COLORADO
DEPARTMENT OF TRANSPORTATION RELATED TO THE
CONVEYANCE OF REAL PROPERTY BETWEEN THE CITY
AND CDOT, (2) ACCEPTING AND APPROVING A SPECIAL
WARRANTY DEED CONVEYING PROPERTY FROM THE CITY
TO CDOT, (3) ACCEPTING AND APPROVING A QUITCLAIM
DEED FROM CDOT TO THE CITY, (4) ACCEPTING AND
APPROVING A WARRANTY DEED CONVEYING PROPERTY
FROM NEIGHBORHOOD SERVICES, INC. TO THE CITY, (5)
ESTABLISHING PROJECT ACCOUNT CI2422 - FIRE STATION
1 LAND PROCUREMENT, (6) TRANSFERRING FUNDS IN THE
AMOUNT OF $160,000.00 FROM THE UNAPPROPRIATED
FUND BALANCE OF THE GENERAL FUND AND BUDGETING
AND APPROPRIATING SAID FUNDS INTO PROJECT
ACCOUNT CI2422 - FIRE STATION 1 LAND PROCUREMENT,
AND (7) AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO FACILITATE THE
TRANSACTIONS DESCRIBED HEREIN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The two Memoranda of Agreement between the City of Pueblo and the State of
Colorado by and through the Colorado Department of Transportation related to the conveyance
of real property, copies of which are attached hereto, having been approved as to form by the
City Attorney, are hereby approved.
SECTION 2.
The Special Warranty Deed conveying certain real property from the City of Pueblo to
the Department of Transportation, State of Colorado, a copy of which is attached hereto, having
been approved as to form by the City Attorney, is hereby accepted and approved.
SECTION 3.
The Quitclaim Deed conveying certain real property from the Department of
Transportation, State of Colorado to the City of Pueblo, a copy of which is attached hereto,
having been approved as to form by the City Attorney, is hereby accepted and approved.
SECTION 4.
The Special Warranty Deed conveying certain real property from Neighborhood
Services, Inc. to the City of Pueblo, a copy of which is attached hereto, having been approved
as to form by the City Attorney, is hereby accepted and approved.
SECTION 5.
Project Account CI2422 - Fire Station 1 Land Procurement is hereby established.
SECTION 6.
Funds in the amount of $160,000.00 are hereby transferred from the unappropriated
fund balance of the General Fund and budgeted and appropriated into Project Account CI2422 -
Fire Station 1 Land Procurement.
SECTION 7.
The Mayor is hereby authorized to execute each of the Memoranda of Agreement and
Deeds approved and accepted in Sections 1 through 4 of this Ordinance in the name and on
behalf of the City of Pueblo.
SECTION 8.
The officers and staff of the City are hereby authorized to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
SECTION 9.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 11, 2024.
Final adoption of Ordinance by City Council on March 25, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 25, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE (1) APPROVING TWO MEMORANDA OF
AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE STATE
OF COLORADO BY AND THROUGH THE COLORADO DEPARTMENT
OF TRANSPORTATION RELATED TO THE CONVEYANCE OF REAL
PROPERTY BETWEEN THE CITY AND CDOT, (2) ACCEPTING AND
APPROVING A SPECIAL WARRANTY DEED CONVEYING PROPERTY
FROM THE CITY TO CDOT, (3) ACCEPTING AND APPROVING A
QUITCLAIM DEED FROM CDOT TO THE CITY, (4) ACCEPTING AND
APPROVING A WARRANTY DEED CONVEYING PROPERTY FROM
NEIGHBORHOOD SERVICES, INC. TO THE CITY, (5) ESTABLISHING
PROJECT ACCOUNT CI2422 - FIRE STATION 1 LAND
PROCUREMENT, (6) TRANSFERRING FUNDS IN THE AMOUNT OF
$160,000.00 FROM THE UNAPPROPRIATED FUND BALANCE OF THE
GENERAL FUND AND BUDGETING AND APPROPRIATING SAID
FUNDS INTO PROJECT ACCOUNT CI2422 - FIRE STATION 1 LAND
PROCUREMENT, AND (7) AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS NECESSARY TO FACILITATE THE
TRANSACTIONS DESCRIBED HEREIN
SUMMARY:
This Ordinance will approve and facilitate several real estate conveyance transactions
between the City and CDOT, as well as the conveyance of a parcel from Neighborhood
Services to the City. All of the transactions approved herein are intended to facilitate
CDOT's upcoming project to reconstruct the US Highway 50 Bypass interchange at I-25
and to secure land that may be used as a future site for a new City fire station near the
intersection of S. Santa Fe Avenue and Ilex Street.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
In support of its project to reconstruct the I-25/US-50B interchange, CDOT has
requested the City convey three parcels of land to facilitate construction of the new
bridges over Fountain Creek and the railroad tracks. CDOT also intends to acquire
property adjacent to Chinook Lane in the City's name to provide additional right-of-way
for the realignment of that street, which is a City roadway.
The City has been working to identify a location suitable for the construction of a new
Fire Station No. 1 to replace the aging building currently located at 425 West 7th Street.
CDOT currently owns two parcels of land located near Santa Fe Avenue and D Street
(commonly referred to as "Ilex") that could meet this need for the City. In discussions
with CDOT, they are willing to convey those two parcels to the City as part of the
transaction on a first-right-of-refusal basis. If the City does not accept the transfer of the
parcels, CDOT could offer them for sale to other public entities or to the public.
FINANCIAL IMPLICATIONS:
The City will convey three parcels of land to CDOT located in the vicinity of the US
Highway 50 Bypass interchange. The value of these City-owned parcels has been
negotiated to be $200,000.00.
CDOT will convey two parcels of land to the City located at the intersection of Ilex
Street and S. Santa Fe Avenue. These parcels have been assessed at approximately
$360,000.00.
The difference in the value of the land being conveyed to each party results in a net
value transfer to the City of approximately $160,000, which the City would need to pay
to CDOT in order to complete the transaction. This Ordinance establishes Project
Account CI2422 - Fire Station 1 Land Procurement, and budgets and appropriates
$160,000.00 from the City's unappropriated General Fund balance into said project
account. These funds will be used to pay CDOT the difference in net value for the
properties being conveyed between the parties.
In addition, CDOT will acquire a parcel of land from a private owner, Neighborhood
Services, Inc., located at 1080 Chinook Lane on behalf of the City. That parcel will be
used to expand the Chinook Lane right-of-way, a City-maintained street. CDOT did not
include the valuation of this property in its property conveyance proposal, resulting in a
minor overall savings for the City.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Failure to approve this ordinance will prevent the City from conveying and accepting the
properties described above. CDOT's project to reconstruct the US Highway 50 Bypass
will also incur significant delays if it is required to obtain the property through its powers
of eminent domain. In addition, the City will lose its opportunity to acquire the real
property at Ilex and Santa Fe, which is an ideal location for providing fire and
emergency services in the central and downtown areas of the City with direct access to
both north- and south-bound I-25 via the Santa Fe Avenue on-ramps.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 1-A) MOA (City to CDOT) - as negotiated
2. 1-B) MOA (CDOT to City)
3. 2) Special Warranty Deed City to CDOT
4. 3) QCD State to City of Pueblo - EX-8 and EX-9
5. 4) Warranty Deed to City of Pueblo - RW-215