HomeMy WebLinkAbout2007 Ordinance No. 033•
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ORDINANCE NO . ~_3
SERIES OF 2007 --
BY AUTHORITY
COUNCIL BILL NO. 30
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE D[CLARING THE 960 ACRE FARMLAND PARCEL IN
ARAPAHOE COUNTY AS CITY OF ENGLEWOOD SURPLUS AND
AUTHORIZING THE SALE OF THIS PROPERTY .
WHEREAS, the original intent of the purchase of this 960 acres of farmland located 10
miles soutlt of Bennett , Colorado was to develop a sludge drying site where stabilized
wastewater solids would be dried and stockpiled for ultimate agricultural use ; and
WHEREAS, a Location and fatent Application was filed and ultimately vetoed by
Arapahoe County, due to many unresolved issues such as truck traffic impact, potential
run-off issues, proximity of neighbors, soil conditions, etc .; and
WHEREAS, a long-term biosolids application research plot was established on this site,
with studies conducted on a 5 acre area by Colorado State University and no biosolids were
applied to this property, except for this research study; and
WHEREAS , a biosolids application permit was later obtained for this land parcel;
however, only 530 acres wero acceptable for biosolids application , resulting in the remaining
portion of this parcel as not usable for biosolides application due to soil pH issues; and
W!-IEREAS, recent notification included this site in the 3-mile wide planning corridor for
the proposed Prairie Falcon Parkway Express and the residential development in the vicinity
precludes this acreage as a desirable biosolids application site; and
WHEREAS , the :evenue from the sale of the prop c-rty will be split 50 /50 by the cities of
Englewood and Littleton and '.,ill be used I( purchase farmland adjacent to our existing
biosolids application site, whi•:h !s more suitable to our use; and
WHEREAS the I.iuleton/Englewood Wastewater Treatment Plant Supervisory
Comrnillcc, at their November 2006 meeting, recommended City Council declare the 960
acre farmland parcel , located in Arapahoe County, as surplus and initiate actions necessary
for the sal e of this land ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
~ The City Council of the City of Englewood, Colorado hereby decl ares the
960 acres farmland parcel located 10 miles south ofBenneu, Colorado, Arapahoe County,
as shown on Auachment I attached hereto, a, surplus .
~-Pursuant to its authority , 1hc City Council of the City of Englewood,
Colorado hereby authorizes the sale of thi s 960 acre surplus property, as shown on
Auachment I, at fair market value .
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~-The Mayor is authorized to execute and the City Cleric to attest any
documents necessary for the sale for and on behalfof the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 7th day ufMay , 2007 .
Published as a Bill fer an Ordinance on the I Ith '•y of May, 2()1)7 ,
Read by title and passed on final reading on the 21st day of May , 2007 .
Published by title as Ordinance No .~ Series of 2007, on the 25th day of May,
2007.
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Attachment I
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COUNCIL COMMUNICATION
Date: I Agenda Item : I Subject:
May 7, 2007 11 a iv Beneficial Use Surplus Land
Initiated By: Staff Source:
LE/WWTP Supervisory Committee Stewart H. Fonda , Utilities Director
Jim Tallent Operations Di visio n Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1986, Council approve d the purchase of 960 acres of farmland 10 miles south of Bennett, CO to
be used as a sludge drying site .
RECOMMENDED ACTION
The Littleton Englewood Wastewater Treatment Plant Sup ervisory Committee rec ommends Cou ncil
adopt a Bill for an Ordinan ce declaring th e 960-acre farmland parce l south of Benn ett, CO as City
of Englewood surplus and authorizing the sale of thi s property .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The original intent of this ~urchase was to develop a sludge drying sit e where stabilized wastewater
solids would be dried and stockpiled for ultimate agricultural use . A Location and Extent
application was filed and ultimately ve toed by Arapahoe County, due to many unresol ved issues
(truck traffic impact potential run-off issues, proximity of neighbors, soil conditions, etc.).
A long-term biosolids application research plot was established on this site , with studies conducted
on a 5-acre area by Colorado State University. No biosolids were applied to this property. ,,xcept
for this research study. A biosolids application permit was later obtained for this land par,_e l an d
only 530 acres are currently acceptable for biosolids application. The balance of the parcel is not
usable for biosolids app lication due to soil pH issues . Residential deve lopment in the vicinity also
precludes this acreage as a desirable biosolids application site.
At the Novem bEr 2006 Little ton /Englewood WWTP Supervisory Committee meeting, disc ussion
was conducted regarding the sale of this land parcel in Arapahoe County. Since this site is not
suitable for long-term biosolids application and recent notification included this site in the 3-mile
wide planning corridor for the proposed Prairie Falcon Parkway Express, disposal of the acreage
was recommended and approved .
FINANCIAL IMPACT
A. Revenue from the sale of the property will be split 50/50 by the Cities of Englewood and
Littleton .
B. Revenue from the sale of this property will be used to purchase farmland adjacent to our
existing blosolids application site, more s.,ltable to our use .
LIST OF ATTACHMENTS
Blosolids Application Permit Exclusions
Prairie Falcon Parkway Express Notification
Propos~d Bill for an Ordinance
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT _._ __ _
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Janwuy 11, 2007
Mr.MarkWqner
Hill and Robblu, P.C .
100 Blake Stzeet Buildina
144118thSl
Denver, CO 80202
Dear Mr. Wagner:
At the November Littleton/Englewood WWTP (UB WWTP) Supervisory Committee meeting, diBC111sioa was
conducted on the potential acquisition of farm land offered adjacent to the existing Byen farm site. The lyers
farm site is actively used to apply biosolids, generated by the LJE WWTP, in an agronomic ~use prograa.
Following the meeting, I obtained a seller proposal from Guy Meyer including infonnation necesaay to
consider this pun:haae. The proposal is attached to this letter .
The original Byers transaction was coordina!· • ,ugh Orr Land Company and I ,ecommend, pending your
concwrence, we enlist their assistance in this purchase.
Discussion at this meeting also included the sale of the Kiowa/Bennett farm site in Anpahoe County. Ince
this site is not suitable for long-term biosolids application and recent notification included this site in tie 3-
mile wide corridor for the proposed Prairie Falcon Parlcway Express. disposal of the acreage was
recommended.
With residential development occurring in the vicinity, I expect there to be interest in purchase of this lalll by
land development interests and not farming interests. If Orr Land Company has expertise in this ~ of
transaction, I recommend they assist in the sale of this property. If not, please make the appropriate
recommendation for a real estate agent to handle this listing.
Please coordinate both these activities with the City Attomeys fur Littleton and Englewood. Thank you.
Sincerely,
-J~1.pAYL
James B. Tallent, Jr.
Operations Manager
JBT:cg
Attachment
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TO: LllTLl!TON/UTIU!TON
WAS'IEWATBll 'IREATMBNT PLANR
2900 S. PLAT11! RIVER DRIVE
l!NOLBWOOD CO. IOI 10
303-435-4890
FROM : OAllY AND NANCY MBIEll
3265SCR 115
BYERS, CO. 80103
303-122-5851
B-MAIL : IrALLENT@ENQLEWOOpooy ORO
cc . MJlffiR@NEIECIN NET
RE : 11IE PURCHASE FARM AND OR,\SS LAND IN EASTERN ADAMS AND .ARAPAHOE
COUNTYS
11M,
PBR OUR CONVERSATION A PURCHASE PRICE OF $550,000.00 FOR 11IE 1270.63
ACRES. 111E BREAJC-DOWN IS : 801 .0 DRY LAND FARM, AND 464.63 PAS1URE. 1HE ADAMS
COUNTY PORTION IS 311 >,CRES (E½ S 33 JS 57W), 11IE ARAPAHOE COUNTY PORTION IS ,
319 ACRES (W½ SB 4S 57W), 6◄0 ACRES (S 17 4S 57W) .
ADDmONAL THINGS WE NEED TO ADDRESS ARE.
J. F ADIO REPEATER TOWER
2-MINERAL RIGHT
3-LEASE BACK
4-GOVERNMENT PROGRAMS
A· CSP
B-EQUIP
C-PRODUCTION FLESmlLITY ACRES
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August 28, 2006
ornc111 "-Ill owner Ndce
Please carefully review this notice regarding a proposed pr1vate tol road project In your area . The
all'ecled paroel nu~ are indical8d at the and of this notloe.
In oomplianoe with Colorado Rev:s,.ld Statutae, Title 7, Artlde 45, as amended by the Colorado
Legislature In House BIii 06-1003 . plaase be• acMsed that the Front Range Toll Road Company,
PTR and Its assignee, Front Range Toll Hoad Lid ., LLLP, PTR, doing business as the Prairie
Falcon Partway Expl'NI Company, PTR, recenlly flied Private Toll Road (PTR) f01Tll81ion
documents wtth the Colorado SeQ ·etary or State's Offlce1•
County Assessor records show you own real prope!ly within a threeffllle wide, 210 mHe long
corridor (please see the map sat forth In Attachment I} that Is being considered for a private ton
road . Final alignment of the toll road within this colridor has not yet been determined and will be
much narrower than the conidor. The corridor Is 011er 15,000 feet wide while the actual toll road will
be about 1,200 feet wide (the width of two city blocks), depending upon grade and design
requirements. The actual alignment and width of the toll roa<j within the corridor will be determined
after further Rtudy and analysis .
Under Colorado law, Prairie Falcon Parl<way Express Company is notifying you, as a property
owner, that your property Is within this corridor. The proposed toll road wll be approximately 210
miles long, running through seven Colorado eastern plains counties (Adams, Arapahoe, Elbert, El
Paso, Pueblo , Larimer, and Weld). The Froject will begin approximately thirteen to sixteen miles
north of Fort Collins (connecting to 1-25) and will terminate approximately seven to ten miles south
of Pueblo (connecting to 1-25). The vast majority of the corridor will be lr>cated approximately
twenty-five to twenty-eight miles east of and roughly parallel to 1-25.
The proposed multi-modal transportation project Is contemplated to Include a private toll road, rail, a
utility corridor, and associated servtce areas. The Prairie Falcon Parkway Express Company
Intends to Incorporate substantial open space and wildflfe protection features Into the Project .
Under Colorado law, a public process Is In place to review the Project. /vt. extanalve environmental
analysis of the project must be prepared by the Prairie Falcon Parkway E,cpress Company.
Government agencies indudlng regional and state planning and regulaloly agencies will review the
1 PU11Uant to 7-45-110, C.R.$,, the Front Range Toll Road Ltd .. LUP has acquired au -and r1ghls ol and lranssts
In the Front Range Toll Road Company to proceed wtlh Ille Projac:t oulllned In tr. Notice. Fronl Range Toi Road Lid.,
LUP ha flied Its FormaOon Documents wlt1 Iha Colorado Secnlaly ol S1ll1a both M IIISigneMucoeseor of Iha Front
Range Toll Road Company and on Ila own behalf wtlh Iha conaont of Front Range Toll Road Company.
P .O . Box 290; WATICIN9, co 80137
I -800-1177-8393
WWW,PIIAIRl~ALCONPAftKWAYEXl"lll!ll8,COM • INl'O.PRAIIIIEFALCONPARKW.\YEXPRES9,COM
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Project. envionmenlal ~. and propoNd rnlllgllllon . n-agenc:IN wUI provide lllmllllnllal
opportunity for pubic ~ Colorldo law doll noC allow fer 1h11 Projed ID go forward until
l'90IIMng al govemmenllll approvaJI. .
The Prairie Falc:on Par1lway ExplNI Company don not have the power to oondemn pityn
property for a IDI ll'llld. Such oondemnaUon oould occur only through adlon by the Colorado.
Department of Tranaportatlon.
The Prairie Falcon Plllkway EJCPl9U Con1)lll1Y Intends to proYtde axnplale and tlmaly Information
to al l)l0p8lty own■l!I wlhln the oon1dor wi a project webelte, e-mall. mall, tllaphone, a llllphofla
holtlne, various public meetings, and mape and documents filed for pubic viewillg in your County
Cle!lc and Recorder's office .
While we appreciate that nol!oe of a toll road 11 your area may C0lll8 as unwaloome news, Pralr1a
Falcon Patkway ~ Company Is eager to w0l1( collaboratively with you to help guide and
shape this new multl-modal comdor to enhance IIS public benefits 311d to mitigate any adverse
effects .
The Project wil address all safety, emergency aervices, and access Issues with the Colorado
Department of Transportation, regional planning agencies, and local governments .
The Prairie Falcon Parkway Express Company will pay all applicable county, special district and
local property taxes .
CORRIDOR MAP
Please see Attachment 1 for a general project map . Despite our best efforts, the physical
constraints of the endosed map provide limited detail. You will find large-format corridor-wide and
county-specific maps In your County Clerk and Recorder's Office. These maps are available for
viewing during your Clerk end Recorder's regular office hours . Detailed maps are also available on •
our website at www PralrjeFalconParkwayExpress .com .
GENERAL DESCRIPTION, LOCATION & TERMINI
The Initial multi-modal transpoltation cooidor desaibed In this notice will be studied to determine a
much narrower alignment cl approxlmately 1,200 feet In width .
The corridor Includes a toll road , rail, a utility corridor and associated service areas . In addition, the
Project contemplates preservation of wildlife habitat end open space adjacent to the corridor.
For the purpose of providing notice to property owners within the oonidor, the cited mileage ftgures
are approximate, are rounded for ease of desaiption, and are measured from the center of any
particular town or city to the borders of the corridor. The project begins thirteen to sl><teen miles
north of Fort Collins on 1-25. It proceeds aast, ausslng Us-85 just north of Nunn and continues
south crossing US -34 ten to thirteen mies east cl Greeley. II continues south io traverse 1-76 one to
four mies northeast of Keensburg, and then crosses f-70 Just west of Bennett. Farther south, the
Toll Road crosses HJghway 86 four to seven miles sou1heast of Klowa, and then progresses pest
US-24 three to six mHes west of CBlhan , before heading due south to traverse US-50 nine to twelve
P.O. BoX 2110; WATKIN■, CO 80137
1-800-977-8383
WWW,PRAIRIIEFALCONPARKWAYExrllD ■,COM • INl"O-AIIUilFALCONPAIIKWAYEXl"IIU■.COM
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mlll e.i of Pueblo. It'-lunl WIii lamN6,g 111-H. -lo tin mlll lOUlh of Pulblo.
Acb111 loolllon II shown an mapping IYllllbll b' ~ It the Cowrty Clllk olllcel.
Tl-. p,qect II lnllndld 10 pn,yldl Cokndo wt1h ., alleml1lw nor1hlloulh muH-modDJ
lrlnlpol1lllon 001'11dor •
The PftlPlllld mullknodll tra111pol11llo11 Mid ..-y oon1dor ~ lndudl I bHne,
l"llldllrHlvtdld 1011 road; rail; utalll; wocl-.d NNlcl .,._ and 1111001111d ~-of war, F1n111
lllgMwll lhlll be dllllmlned dw !J11b1c lrMMlnent and wl C0l1lldlr fadoll IUd'I II l'llbnl
lopogniphy and dninllgl; «M1'0M11111111, ,......., 1111d trafflo llfudlN: and prlvllll f'ralclng. It wl
than be revtei,,,ed by the relevart Melropoltan Pllnrq 01ga11lza1lo111, Raglonal Pllnnlng
ComrnlMlol 11, and Colcndo o.p.1ment <.I Tr1111portltion. 1!1)UI fnlm local gcMMT1menl wl U10
be ll0llclled.
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Toi road 8Ca111 and auoclatlld l8IVlce -• within the 00llldor win be lolled. The Prairie Falcon
P8l1lway Exprw Company wtll not h Idepe11denlly dellllmine 101 op818110na . Colorldo Slllula
raquinll the Tranaportallon Commlalon lo m1r,y the project's llna'IClel r-tbillly and a loll
IChedule u part d the StataY.1de Transportation Plan. If the Colorado Depatment of
T1Wl1p011atfan i.. eminent domain to acquire any part of the right-of-way for the toll roed, then It
1h11 l'IYllw di ffl!lf'/ llve yNII. Commllalon review shall be llrriled lo det9rmlnlng whether a
reduced tol may be lmpoaed on high occupancy vehlclea and public INIII ~ V9hlcles In order
to encourage the use of IUch V9hlcles an the toll road . All admlnlstra11ve procedures fol opera1lon
of a private 101 road, aa set forth In the Colorado Revised Stalµles, wtll be follcJw8d .
TH!APPROYALPROC!SI
The approval process required by the statute Includes the following :
• Tha Pralrle Falcon Parl<way Expreas Company has n1ec1 company formation documents
with the ColMldo Secretary of State that apeclflea and maps a three-mile corridor within
which the toll road will be located and Identifies the general location and tennlnl within
the corridor.
• The company must commence work on the toll road no later than three years alter flllng
the fonnaUon document, or within one year after reoelvlng all necee88ry approvals fol
construction . If the company perfonns the required work, It shall have the excluslva rtght
to develop a toll road within the three-mill corridor specified In Its flied fonnatlon
documents.
• Before constructing and operating a toll road the Prairie Falcon Parkway Express
Company must prepare envtronmentll ltudlel and raports aatllfyfng Iha Colorado
Department of Tranaportatlon'a Environmental Stewardship Gulde dated May 2005. The
company cannot begin work on environmental 1tudlel and reporll untll II hu approval of
the IC0p9 of the study from the Executive Director of the Colorado Department of
Transportation. The environmental IIUdlll and rapo,1 are arao provided to commenting
state agencies, at'lacted pl1nnlng organlzatlon1, and ■lfecled local govemmenta . The
P,O, IIOX no; WA-. CO _,137
1-aooen-au
WWW,l"IIAlllllrFALCONPAIIKWAYEafta■.CCll4 • 1--,.,.AIIIIKFALCOHPAIIKWA~,COM
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draft lhd MO be made IMllllble (or pubic reYIIW and QXllmenl The Prairie Falcon
Pmway E,cpnlll Company II raqund ID prapma t!nel anvtroomenllll ltudlN and• •
report IClclrNlq commenta ,.._ floln 1111 revlewMI. The final ellYlronmen1al IIUdy ·
and rwport II made 1Vllllllble ta the Cokndo Depll'tmlnt of Tranlpoltatlon and 1he
publlc It lellt thirty d■ya p'1or ID publlcltlon c:A any nollce of public hurtng.
• Conllnlctlol'I cannot OOl"IWMlica untll the toll road hll bNn l9WIMd by NCh
MelrDpolllln PIIMlng O!ganlzltlon or Regional Ptannlng Organlallan loclllld In wholl
or In part wfthln the lhrN mlle corridor. The proJtct needl ID be lndudad In Ill'! reglonll
1rllllP(Jl1ltlon plan(a) Ind In the campNhenllYe ~ida lnlnapoltalion l)t.ll'I prepaed
by the Cokndo Depar1ment of Tranll)Oltl-tion (COOT).
• The Tl'IIIIJIC)r1a1I CommlUlon 1h11 not mile lh. 00,1,p,ehelilM llatewlde
1rlnapa,lalMI plan ID lndude a lol road unlaa lie Commlllion, aflet' holdlng • public
hearing, dalermlnea lhllt the project
o Is n1ceaary to rMet the tr■neportallon needs of the state;
o Is consistent with lhe poUcles of the Traneponallon CommlPlon;
o It In the public Interest;
o has been funded by Prairie Falcon Parkway Expreaa Company to anaure full
payment of Iha 008tll of col11)ll1nce wfth federal and state air and water quality
standards, other federal and state anvtronmental requlrarnanta and mitigation
measures Included In the project or required by the Transportation Cornmlnlon or
planning organization; and
o has entered Into enforceable egraementa between the Prairie Falcon Parkway
Expl888 Company and COOT or local govemmenta acceptable to the Transportation
Commission to ensure that mitigation measures will be Implemented.
o The Commission may add mltlg!ltlon measures taking Into consldaraUon the need
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for fast, safe, and efficient transportation; publlc _services ; the costs of ellmlnetlng or
minimizing the adverse effectP for which the mitigation measures are proposed; •
environmental , social, and economic valuas ; and the financial faaslblllty of the
project .
o The requirements of Section 7-45-1(,5 (1) of the Colorado Revised Statutes have
besn met and the Project Is consistent with 43-1 -1103 (5) C.R.S . and 23 U.S.C. Sac.
135.
The Project canno go forward until the above approval procoea he• been
completed.
PUBLIC INVOLVll!Ml!NT
Review by the Colo!ado Transportation Commlssbn and the relevant Metropo!Nan Plamlng
Organizations nl' Regional Councils of Govemmenls wl lnWJMt numerou s oppollunltles for pubic
Involvement. For example, the pubic wl heve an opportunity ID comment on the draft
anvtronmental documenllltlon and may participate In public hearings before Iha Colorado
Transportation Commlsalon regardilg lndualon of the Projecl In the Statewide Transpor1atlon Plan .
P,O, BOX 290; WATKIN■, CC:-80137
l-eooe77-e393 •
WWW,PftAllllll'ALCONPAIIIKWA~,COM •INl'OWIIAallilf'ALCONPAIIIKWAYExl'ftm,COM
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In addllon, Pru1e Falcon Parllway EJCl)NN Company lnllndl to offll' llddlllanal foruml b public
lnvDIV9lnent cuing the aludy and IPPf'OYII 1)1'00111e1, Tlae pubic lnvoll,w:~ oppoitunltiel will
colllidlvely con1r11ute to, and help lhlpe and rwllne, pr0jlcl dellgn and h llgnmlnt The
l'9levant goYllfflmenlal bodlel or Prairie Falcon PIIKWlly Elq)l'8lt Company wll pn:Nlde advance
nollce c:A suct'I opportunltlN, Prairie Flk:on Par1IMy ExpflN Complny le Ngll' lo qege you
• and olher property owners In a rMa1lngful pubic review and 00ITlffllnl l)IOCNII,
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Plairie Fak:on Partlway ElqxN8 Company encourages you to ,-view and comment on the
proposed Pl0led and Ill economic, IOCial, and enwonmanlllt lmpac:II IS early t · 1 poelllle and II
key point& throughout the p!008118.
FOIi MOIIE INFOIIIIAflON, PLEA8I! CONTACT U8
Thank )'OU reviewtog 1h19 Important notice. Wa encourage you to vlllw the detBlted oontdor·
wide and county-specific maps and amocialBcl documanls on file in your County Cillk int
Recordefs office end to BUbsequen'lly contact Iha Prairie Falcon Parkway Express Company
via any of the following methods :
Malling Address : Prairie Falcon Parkway Express Company
P.O. Box290
Watkins, CO 80137
Webs ite : www .etli!l!1FalconParttwayExpress.com
Email: l!D.2@PralrteFalconExoressParkway .com
Telephone Hotline : 1-800-977-8393
AFFECTED PROPERTY OWNERS
Littleton, City of &
AFFECTED ARAPAHOE COUNTY PARCEL NUMBERS
2087-00,0,0().()66
P.O. Box 290; WATXIN9, co 80137
1 ,S00.977-83113
WWW,PRAIIIIEFALCONPAftKWAYEXl"REH,COM • IN1'04PPIIAIRlll:FALCONPARKWAYEXP'IHtSS.COM
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