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6A - Public hearing and consideration of motion to approve disposition of Park property for the purpCITY OF BOULDER ~ pAItBS AND RECREATION ADVLSORY BOARD AGENDA 1TEM ~ MEETING DATE: Anri124. 200Q , (Agenda Item Preparation Date: April ll, 2000 ) ~"^ r•- ~ ti..~ AGENDA TITLE: Public hearing and consideiation of a motion tv approve disposition of park property for the purposes of easements for the Cline trout fazm water collection and conveyance lines. REQUESTED BY: Chris Dropinsid, Director of Parks and Recreation Ken Ramsey, Superintendent of Parks Planning and Construction Kate Bernhazdt, Associate Pazks Planner FfSCAL IlVIPAC'I': Appc+olrimately $20,000 has been elcpended over the past 3 years for technical work required to monitor the water quality and flow in the existing Cline lines. An estimated $25,000 will be expended for design and construction of a new Cline line to replace an existing bmken line in the location of the park Aitport Entry Road. PiTRiN~S : Staff is requesting that the Parks and Recreation Advisory Board approve the designation of easements for We Cline trout farm water lines in Valmont City Park as shown concepfially in Exhibit A. These easements will protect the Cline's existing rights to collect and convey drainage and groundwater thmugh the Valmont City Park site. The granting of these easements will be accompanied by a signed agreement with the Clines that protects the City's rights to construct public works and park and recreation impmvements at Valmont City Park. BACKGRDUND: The City Charter, Section 162 states the following regazding disposal of park properties: " Park lands may be disposed of by the city council, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. An advisory recommendation, wluch shall not be binding on the council, shall be obtained from the planning board prior to AGENDA 17'F_ht~ PaQe 1 the disposition or lease of park ]ands. (Added by Ord. No. 2392 (1961), 1, adopted by electorate on 7anuary 31, 1961. Amended by Ord. No. 5574 (1993), 1, adopted by electorate ~ on November 2, 1993.)" Staff is bringing this item to the Parks and Recreation Advisory ~ Board for t(ieir approval, prior to forwarding this to Planning Board and City Council. The Cline Tmut Farm is locatefl in Boulder County at 5555 Valmont Road. Prior to the City purchase of the Valmom City park praperty, the Clines procured legal water rights for the drainage, seepage, and groundwater under the property which is now the Valmont City Park, specifically the land located south of Valmont Road. The Clines also obtained easements from prior pmpeity owners, to build and maintain water collection and conveyance lines wlrich traverse the Valmont City Park site. The Cline's utilize the gnoundwater wluch they obtain fmm the Valmont City park property, and other near-by properties, to support their trout farm operations. The water is conveyed by gipes to their trout farm site for their trout farm business and is ultimately retumed to ponds, grouadwater, and Boulder Creek east of the trout fazms. The location of the existing water rights and the Cline lines and easements within Valmont City Park along with the legal restrictions associated with these ]ines, inhibit development of many public improvements currently praposed VaUnont Ciry Park and Wonderland Creek Channel. In order to proceed with develapment of these projects as planned, it is essential that the Cline line easements be re-negodated to allow for public development of the site. Staff has been working with the Clines for well over two years to document the water flow through the site and to create an agreEment that would proteet the Cline's interests while allowing the City to develap the site. Cline's existing easements provide a comprehensive ~' pmtection of their lines and ensuie that the Clines have a convenient access to all of their lines `° across undeveloped property. The proposed public improvements for the park, including excavaflon and grading, roads, undergmund utilities, ballfields, walks, bikepaths, irrigation systems, etc. over and adjacent to the Cline lines are not permitted under the legal constiaints of the Cline's water rights and easement conditions. These types of public impmvements will limit the Cline's ability to quickly and safely access and repair their lines either for mutine maintenance or for emergency conditions. In retum for the Cline's agreement to accept these proposed impravements and associated ]imitations, the City will construct two new water collection and conveyance lines for the Clines in the pazk and the City will issue newly worded easements to the Clines. The issuance of the new easements to the Clines will be accompanied by the Cline's release of all eadsting easements. The City (Parks and Recreation Department and Public Works Department) will also provide monitoring services for three years to document the quality and flow of Cline water from the site after initial park and public work improvements are completed. Attached Plans: F.xhibit A: 11us plan shows the conceptual alignment of Cline line easements which the City will grant to the Clines. Please note that the final alignments and legal descriptions for these easements will be pmvided after insWlation of new Cline lines, using surveyed as-built .v AGENDA ~ ^ f information in oider precisely locate the easement. ,,., Exhibit B: This plan shows the exisking Cline line easements in Valmont City Park that will be „~, vacated at the same time that the City grants the new easements. AN 7.YCIS: The Cline water rights and easemeats present a significant development encumbiance for the Valmont City Park and for the Wonderland Creek Channel consttuction. In order to remove this encumbrance it is necessary to create an agreement with the Clines wluch will allow for public development of the site. Fortunately, the City and the Clines have created an agreement wluch satisfied both pazties. Other Options: A. Do not develop the Valmont City Park or Wopderland Creek Channel in areas of the Cline water rights and pipeline easemeats: Potentially this would remove most, if not all, of the active recreaflonal development options for the park property south of Valmont Road and would eliminate the possibility of completing the Wonderland Channel. If the City elected to not develop this site as an niban pazk, the purchase of the property would need to be reconsidered by the citizens in view of the fact that the property was purchased with bonded funds for the purpose of active recreational development. B. Provide Clines with an alternative water source: There are no desirable alteraative water sources for the Clines. If the City pmvided a tap and '"'' potable water for the Clines, the City would also need to provide a small tneatment facility to °i" remove the chemicals fmm the water for trout farm use. There would be significant on-going costs for the city to provide the quantities of water required to iaise hout and for the City to treat and re-treat the water. Additionally, the issue of providing city water to a business located in the county would have to be resolved. City potable water contains chemicals that would have to be removed. Staff also considered the purchase and diversion of North Boulder Farmer's Ditch shares to the Cline trout farms. This solution was not feasible for a number of reasons: a) the Cline's cannot use ditch water for their trout farm operstions because ditch water is too warm and too contaminaterl for trout culture 2) ditch water is available from April to September and the Clines require clean cool water throughout the year 3) there is no certainty that the shazes would be available and if they were, the City would need to procure a change in the water decree For the shares to allow for ttris use which would be difficalt aad cosfly C. Condemnation While condemnation would allow development of the property to pmceed within 3 months, the valuation hearing and resolution of the price which the City would pay to the Clines for the easements and water rights, could last for years. 'I7ie easements and water rights are essential to support the Cline busidess. Condemnation requires that the City pay in-fiouse or outside council legal fees and staff costs in addition to the agreed upon cost for the condemned ~.-. ar, AGENDA ~M q Pa~ 3 property. If the Cliae's refused to accept the City's appraisal of value and the Ciry's offer, the condemaation process would probably eactend for a number of years and could cost hundreds ,.,~ of thousands of dollars in legal fees, in addition to the final detemunation of the value of the easements and water rights. Pi .I PRO _ The park planning process, January of 1997 to date, has imolved over 28 public meetings. The Valmont City Park Concept Plan was approved by the Parks and Recreation Advisory Boazd and City Council in spring of 1998 along with the Community and Fuvironmemal Assessment. The Valmont City Park Annexation application and Site Review Plans were approved by Planing Board and City Council in December of 1999. If the Parks and Recreation Advisory Board recommends approval of the pmposed Cline easements, staff will forward this information to the Planning Board and City Council with a request for recommendation for appmval. STAFF RECONIl~IENDATION: The diaft agreement betwesn the City and the Clines pmvides a very reasonable solution to the eacisting develapment encumbrance. It provides clear value to both of the parties involved and allows for the desired public develapment and public use of ttus property. Staff recommends that the Boazd appmve the disposition of Valmont City Park pmperty for the purposes of granting easements for the Cline lines as shown conceptually in Exhibit A. ~ ATTACID~IF.NTS: °~" A. Valmont City Park : Easements to be Gianted by City of Boulder to khe Clines B. 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'~ ,.~-` a,~ , ~ _ ~~° ' 4 '' ~ ; ~~ ~ THE CITY OF BOUI.DER TO THE CLINES' ~ ~ --- Pf?RL 5~~ RM~' 1 ~ ~Y Ss.L~"rZ W ~ ANNEX CRD i ZONE~ IG-c MA,lONA~ INpUSiRIAI P I I P-d. F-3, ,~1 I_'°~~ '~• ~±These ZO faot wide easzments, to be granted from the City to f ~~ the Clines, are described in nttached legal descriptions. ~ ~`! ~ f ~~~ZZUAThese 2~ foot wide easements, ta be granted from the City to the Clines, are generally lacated as shown on this plan. The final alignment af the easements will be confirmed by legal ~~E 2~Z~~79 descr~ptions after pipes are installed in the easzments. 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VO O6C+6 ~_ ^~ \ ~ \\\ ~K f o \ I '~ t ~~ ~ p,~N~~ p-_ ~~a r ~ ~ -~,~ ~, \~~'~ \~~~ Z -~--;~•~„~9.T__~}--------- ~l ~ ~. ~!'-- ~ ,8 2~ZO~~Q \`\'~ VALMONT CITY PARK: CLINE EASEMENTS TO BE VACATED ~ ~ /~ / ~ ~ ~~ 'vTY YAROS Existing Ciine easements to be vacated \\~ I ~~, II ~ ~~~o ~ ,