City Council Minutes 2013 02 19 - Laserfiche WebLink

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City Council Meeting Minutes February 19, 2013 Page 5 of 11 explained the City is trading the easement for money, based on a fair market appraisal. The funds would be deposited into the Conservation Trust Fund. Council member Keany asked for an explanation on why this sale of open space property is not going to a vote of the people. City Manager Fleming explained CDOT could use their power of eminent domain to acquire the parcel if negotiations fail. City Attorney Light explained the property is encumbered by a 1951 easement allowing CDOT the use of the parcel for highway purposes. If negotiations fail CDOT would have the power to acquire the property by eminent domain. He noted there is a precedent under these circumstances, where the conveyance does not need voter approval nor must it be finalized through condemnation proceedings. Rather, the City may enter into an agreement to sell the ROW to CDOT. He noted this property was not in the earlier open space inventory because it was not created until the Avista Hospital property was replatted. He stated there is case law proving in threats of eminent domain, an election is not needed. Council member Keany noted this parcel is not for an expansion of a highway, but for a dedicated/separated bikeway along U.S. 36 for public use. Mayor Muckle noted the City takes open space very seriously, but noted the CDOT easement has been in place for over sixty years. The bikeway will provide an amenity for citizens and neighboring communities. PUBLIC COMMENT Joy Brooks inquired about the amount of money CDOT would pay for the parcel and whether it would pay for the Cottonwood Corridor open space parcel. Mayor Muckle stated CDOT will pay $14,575 for the parcel and such funds alone would not pay for the Cottonwood Corridor open space parcel. COUNCIL COMMENTS Council member Sackett stated he was initially concerned over the sale of this parcel, but all of his questions were answered and he now feels this would be beneficial to the City. RESOLUTION No. 8, SERIES 2013 -A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONVENYANCE OF A 20,820 SQUARE FOOT PARCEL OWNED BY THE CITY WITHIN THE HEALTH PARK SUBDIVISION (A/K/A) AVISTA OPEN SPACE) FOR THE US 36 MANAGED LANE/BUS RAPID TRANSIT PROJECT MOTION: Council member Sackett moved to approve Resolution No. 8, Series 2013, seconded by Council member Loo. All were in favor.