Board Summary Report

BOCC Public Meeting Agenda, General Business Item for December 18, 2012 Agenda Item: #

Board Summary Report Date: December 5 for December 18, 2012 General Business Agenda To: Board of County Commissioners (BOCC) Thru: Shannon Carter, Director, Intergovernmental Relations and Open Spaces From: Daniel Einarsen, Grants and Acquisitions Administrator Subject: Bennett Regional Park and Open Space Joint Project (Action) Purpose and Recommendation: Request approval of a resolution by the BOCC for authorization to spend up to $800,000 from the Arapahoe County Open Space Fund for a joint project with the Town of Bennett, known as the Bennett Regional Park and Open Space Project Phase 1, involving the acquisition of 200 acres of land at Antelope Hills and the initial phase of re-development of the former golf course into a regional park with open space and trails as presented to the Board of County Commissioners on this date of December 18, 2012; and to also authorize Shannon Carter, Director of Intergovernmental Relations and Open Spaces to execute an “Intergovernmental Agreement” between the County and the Town of Bennett, subject to approval as to the form of the Agreement by the County Attorney’s Office. The Town of Bennett is making the request to the BOCC after review and recommendation by County Staff and the Arapahoe County Open Space and Trails Advisory Board (OSTAB). This item was reviewed by the BOCC at a study session on December 4, 2012 with direction given by the Board to place it on the December 18, 2012 Public Meeting General Business Agenda. Background: Pursuant to the County Open Space Resolution, and in furtherance of the County’s Open Space Master Plan and Comprehensive Plan, the County’s portion of the Open Space Tax Fund may be used in part to acquire lands or interests in such lands, and/or to partner with other agencies across the County to acquire, improve and/or protect significant land parcels for public benefit. The attached proposal was first submitted by the Town of Bennett to Open Spaces Staff and OSTAB in September, 2012, including a formal letter from the mayor with details from the Town Administrator. The Project involves acquisition of 200 acres of land previously developed and managed as the Antelope Hills golf course, located within the south annexation area of Bennett, about 1 mile south of Arapahoe County’s Kiowa Creek North Open Space. The project also entails the re-development of the property into a public regional park to offer significant open space, trails and outdoor recreation amenities such as multipurpose green spaces, natural play areas, a disc golf course, off-leash dog area and water features.

Page 1 of 5


Links to Align Arapahoe Enhance Stewardship of Lands

Increase Intergovernmental Cooperation Increase Community and Regional Partnerships

Improve Park, Trail and Open Space Opportunities Improve Customer Experience

Optimize Use of Resources Enhance Quality of Life

Discussion: When Town officials became aware that the Antelope Hills golf course was foreclosed upon by the High Plains Bank (Bank), an opportunity emerged for Bennett to buy the land and re-develop it into a large regional public park and open space area which could serve the I-70 corridor communities. After Bennett evaluated its capacity and commitment to purchase, develop and maintain a new regional park, negotiations were held with the Bank and cost estimates developed. The Bank has agreed to contribute a significant portion of the fair market land value ($725,000) if Bennett would pay the balance of $250,000 and take ownership of the property. Two buildings, consisting of the golf clubhouse and maintenance shop are being sold in a separate transaction. So, buildings are not part of this acquisition. A real estate appraisal, completed on April 6, 2012 concluded the value of the vacant golf course to be $975,000 (separate building improvements were valued at $520,000). The Town subsequently produced a conceptual master plan for the new regional park and open space, and approached the County to propose partial funding for land acquisition and park re-development (see attached materials). OSTAB took action on September 24, 2012 to make a unanimous recommendation to the BOCC to contribute up to $800,000 for Phase 1 of the project, payable in two separate installments: 1) $310,000 for acquisition and preliminary design and engineering costs; 2) the balance of $490,000 for future park and trail enhancements – to include natural play areas, disc golf course, off-leash dog area and other amenities. The second payment would be subject to formal review by Staff, OSTAB and the BOCC. The recommendation by OSTAB and Staff was subject to final, future review of all proposed elements of the regional park and open space, and subject to the protection of the County’s funds, per language in an intergovernmental agreement as approved by the County Attorney’s Office. The BOCC evaluated the project in Study Session on December 4, 2012 and gave direction to Staff to bring it forward to the next available Public Meeting as a General Business item. The BOCC will take formal action on December 18 on approval for the use of Open Space Funds for the proposed Phase 1 elements, and the transfer of funds in two separate payments as recommended by OSTAB.

Alternatives: Modify, delay or deny the funding request. Fiscal Impact: $310,000 as an initial funds transfer, to be followed by up to $490,000 as a second funds transfer will come from the Open Space acquisitions and trails portion of the Open Space Fund, as dedicated for these purposes. The Fund balance exceeds these proposed amounts. Concurrence: Staff and OSTAB recommend this Project for favorable consideration by the BOCC. Attachments: Letter from Sue F. Horn, Mayor of Bennett, dated 9.12.2012 Proposal from the Town of Bennett, dated 11.2012 Letter from High Plains Bank, dated 11.6.2012 OSTAB Recommendation dated 9.24.2012

Page 2 of 5


Attorney Comments Approved by:

Daniel L. Einarsen Daniel L. Einarsen Grants and Acquisitions Administrator Shannon Carter, Director Intergovernmental Relations and Open Spaces Tiffanie Bleau Assistant County Attorney Janet Kennedy Finance Director

^^^^^^^^^^^^^^^^^^^^^^^^

Page 3 of 5


MOTION (THIS PAGE WILL BE ON GREEN PAPER)

MOTION: I move that the BOCC authorizes the expenditure of up to $800,000 from the Arapahoe County Open Space Fund for a joint project with the Town of Bennett, known as the Bennett Regional Park and Open Space Project Phase 1, involving the acquisition of 200 acres of land at Antelope Hills and the initial phase of re-development of the former golf course into a regional park with open space and trails as presented to the Board of County Commissioners on this date of December 18, 2012; and to also authorize Shannon Carter, Director of Intergovernmental Relations and Open Spaces to execute an “Intergovernmental Agreement” between the County and the Town of Bennett, subject to approval as to the form of the Agreement by the County Attorney’s Office. ALTERNATE MOTION: I move to delay the issue until a future date in 2013.

Page 4 of 5


Page 5 of 5

RESOLUTION NO. 12XXXX It was moved by Commissioner ______ and duly seconded by Commissioner ______ to authorize the expenditure of up to $800,000 from the Arapahoe County Open Space Fund for a joint project with the Town of Bennett, known as the Bennett Regional Park and Open Space Project Phase 1, involving the acquisition of 200 acres of land at Antelope Hills and the initial phase of re-development of the former golf course into a regional park with open space and trails, as presented to the Board of County Commissioners on this date of December 18, 2012; and to also authorize Shannon Carter, Director of Intergovernmental Relations and Open Spaces to execute an “Intergovernmental Agreement” between the County and the Town of Bennett, subject to approval as to the form of the Agreement by the County Attorney’s Office. The vote was: Commissioner Beckman, ___; Commissioner Bockenfeld, ___; Commissioner Holen, ___; Commissioner Jackson, ___; Commissioner Sharpe, ___. The Chair declared the motion carried and so ordered.

Bennett Vicinity Map

Open Space and

Regional Park

Kiowa Creek Open

Space North

PWOS04

Rectangle

PWOS04

Callout

Initial paymnt $310,000

PWOS04

Rectangle

PWOS04

Text Box

Follow-up payment(s) after future OSTAB & BOCC review

Bennett Regional Park & Open SpaceTown of Bennett | Colorado |

CONCEPTUAL MASTER PLANPreliminary Concept | November 2012

SCALE 1”=300’’

Open Space Trail

18 Hole Frisbee Course

Multi-Purpose Green Space

Trail Head Parking

Open Space Trails

18 Hole Frisbee Course

Open Space Trails

Natural Play Park & Shelter

Existing Pond


Maintenance Building



Existing Storage Pond

chgdchristopherhoydesigngroup

Rest Rooms & Shelter

Potential Future Lake Feature

Open Space Trail

Off-Leash Dog Park

5 ACREAREA


Open Space Trail


Perimeter Equestrian Trail

Existing Kiowa-Bennett Road Pedestrian Trail Connection to Arapahoe County North

Kiowa Creek Open Space

Trail Head Parking


FUTUREPARKExisting Clubhouse Lot

Trail Connection - Bennett Regional Park & Open Space to Arapahoe County North Kiowa Creek Open Space


Trail Head Parking

1

18

2

3

4

5

6

7

8

9

1112

13

14

15

16

17

10

KIO

WA

-BE

NN

ET

T R

OA

D

ANTELOPE HILLS BLVD.

OSTAB Recommendation Date: September 24, 2012 To: Board of County Commissioners From: Open Space Trails and Advisory Board (OSTAB) Subject: Bennett Joint Project Proposal for Antelope Hills Park and Open Space Staff Recommendation: Staff recommends the joint project favorably for a recommendation to the BOCC, subject to: a) attorney review of proposed use of County Open Space funds; b) review of due diligence materials; c) evidence of Bennett’s capacity and funding stream to maintain the new regional park in the future; and d) protection of County Open Space funds should the land be sold or converted in the future for non-open space use. OSTAB Recommendation – The OSTAB considered this subject as an action item on this date with the following formal recommendation to the BOCC: Larry Sargent made a motion to: a) recommend to the BOCC that the County approve up to $800,000 to be spent on phases of the project over the next several years; b) that an initial funds transfer of $310,000 be transferred at the time of real estate closing to be used for Bennett’s acquisition of the 200 acre site, and to pay for master plan design and engineering costs; c) that the remaining balance of $490,000 be invested within three years after the land acquisition for the conversion of the former golf course into passive open space and regional park uses; d) and subject to: (1) County review of the development plans, to be presented by Bennett when finalized; (2) evidence from the current landowner (High Plains Bank) regarding its donation of $725,000 in land value as matching funds; and (3) public input / support as gathered by the Town of Bennett from potential users from the surrounding region. The motion was seconded by Sharon Powers. Motion passed. Vote: ___5____ Yes ___0____ No ___1____ Absent and Excused (Beverly Bradshaw)

Documents

Board Summary Report