HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/02/2000 - ITEMS RELATING TO AN INTERGOVERNMENTAL AGREEMENT W AGENDA ITEM SUMMARY ITEM NUMBER: 12 A-B
DATE: May 2, 2000
FORT COLLINS CITY COUNCIL STAFF: Tom Shoemaker
SUBJECT:
Items Relating to an Intergovernmental Agreement with Great Outdoors Colorado for the
"Expansion of the Cathy Fromme Prairie" Conservation Project.
RECOMMENDATION:
Staff recommends adoption of the Ordinances on First Reading.
FINANCIAL IMPACT:
These actions will provide for the reimbursement by Great Outdoors Colorado of $400,000
toward the purchase price of $1,314,517 for a 139-acre portion of the Cathy Fromme Prairie
acquired in January 1997.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 45, 2000, Authorizing an Intergovernmental Agreement
with Great Outdoors Colorado for the "Expansion of the Cathy Fromme Prairie"
Conservation Project and Authorizing the Execution of a Declaration of Convenants,
Conditions, and Restrictions on a 139-acre Portion of the Cathy Fromme Prairie, as
Required Thereby.
B. First Reading of Ordinance No. 46, 2000, Appropriating Unanticipated Revenue in the
Capital Projects Fund 1/4 Cent Natural Areas Capital Project for Reimbursement Toward
the Purchase Price of a 139-acre Portion of the Cathy Fromme Prairie Acquired in 1995. j
BACKGROUND:
In September 1995, the City of Fort Collins was awarded a $400,000 grant from Great Outdoors
Colorado to be used for the acquisition of a 139-acre portion of the Cathy Fromme Prairie. The
property was acquired from G. D. McGarvey and Lee A. Stark in January 1997. Recently, staff
has been working with Great Outdoors Colorado to close out the grant and receive the
reimbursement of funds for the property. These Council .actions will complete the grant
requirements and funds are expected to be received in June 2000. The Declaration of Covenants,
Conditions and Restrictions on the property would prohibit the use of the property in a manner
DATE: May 2, 2000 2 ITEM NUMBER: 12 A-B
inconsistent with the conservation values of the property that have been identified, including the
natural, scenic, open space, wildlife habitat and passive recreational values, in perpetuity. Great
Outdoors Colorado and Larimer County would be empowered under the Declaration to enforce
the restrictions imposed. The Declaration is required as a condition of the Great Outdoors
Colorado grant.
• ORDINANCE NO. 45, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH GREAT OUTDOORS COLORADO FOR THE"EXPANSION OF THE CATHY
FROMME PRAIRIE" CONSERVATION PROJECT AND AUTHORIZING
THE EXECUTION OF A DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS ON A 139-ACRE PORTION OF THE
CATHY FROMME PRAIRIE, AS REQUIRED THEREBY
WHEREAS,the Board of the Great Outdoors Colorado Trust Fund(the"GOCO Board")is
a political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, adopted at the November 1992 General Election, which article allocates a portion of
the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds
in the State's parks, wildlife, open space and recreational resources; and
WHEREAS, in September 1995, the City of Fort Collins was awarded a grant from the
GOCO Board in the amount of $400,000 (the "Grant"), to assist with the acquisition of
approximately 139 acres of land located east of Taft Hill Road and to the north adjacent to the
original Cathy Fromme Prairie property,more particularly described on Exhibit"A", attached hereto
and incorporated herein by this reference (the"Property"); and
. WHEREAS, in 1997, the City of Fort Collins acquired the Property; and
WHEREAS,in connection with the administration of the Grant,the GOCO Board requires
that the City enter into an intergovernmental agreement requiring that the Grant project be carried
out in accordance with the purposes and administrative requirements of the GOCO Board,and other
related requirements,as more particularly set forth in the Grant Agreement dated May 2,2000,and
on file in the Office of the City Clerk(the"Grant Agreement"); and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, such as a grant agreement, as provided in Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
WHEREAS,the Grant Agreement provides for the use of the Grant as reimbursement for the
acquisition of the Property, in exchange for the imposition of a deed restriction or conservation
easement to protect the Property from uses contrary to the purposes of the Grant; and
WHEREAS,the Plan for the Region Between Fort Collins and Loveland as adopted by the
Council in Resolution 95-82,identifies the Property as a significant open space area to be protected;
and
WHEREAS,City Plan,as adopted by the Council in Resolution 97-25,identifies the property
as a significant Open Land on the City Structure Plan; and
WHEREAS,the objectives of the Natural Areas Policy Plan adopted by the Council as part
of the City's Comprehensive Plan in Resolution 92-156, and referenced in City Plan, include
establishing a system of publicly owned natural areas to protect the integrity of critical conservation
sites,protecting corridors between natural areas,preserving outstanding examples of Fort Collins'
diverse natural heritage and providing a broad range of opportunities for educational, interpretive
and recreational programs to meet community needs; and
WHEREAS,the Property is identified in the Natural Areas Policy Plan as important natural
habitat to be protected pursuant to that Plan; and
WHEREAS,City staff have reviewed the form of Declaration of Covenants,Conditions and
Restrictions,dated May 2,2000, and on file in the Office of the City Clerk,required by the GOCO
Board as a condition of the Grant(the"Declaration"); and
WHEREAS, the terms of the Declaration are consistent with the objectives of the City's
Natural Areas Policy Plan,the Plan for the Region Between Fort Collins and Loveland,and the City
Structure Plan; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to sell or otherwise dispose of any and all interests in real property owned in the name
of the City,provided that Council first finds by ordinance that the sale or disposition is in the best
interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the execution of the Declaration on the Property is in the best interests of the
City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Declaration in substantially
the form for the same dated May 2,2000,and on file in the Office of the City Clerk,subject to such
modifications in form or substance as the City Manager,in consultation with the City Attorney,may
deem necessary to effectuate the purposes of this Ordinance or to protect the interests of the City.
Section 3. That the Mayor is hereby authorized to enter into the Grant Agreement,together
with such other terms and conditions, or subsequent modifications or amendments, as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City and effectuate the purposes set forth herein.
Introduced,considered favorably on first reading,and ordered published this 2nd day of May,
A.D. 2000, and to be presented for final passage on the 16th day of May, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of May,A.D. 2000.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1•
• A tract of land situate in the East 1/2 of the Northwest 1/4 and in
the East 1/2 of the North 30 acres of the Southwest 1/4 of Section
3, Township 6 North, Range 69 West of the 6th P.M., Larimer County,
Colorado, which considering the West line of the said Northwest 1/4
as bearing N 00°07'08" E and with all bearings contained herein
relative thereto is contained within the boundary lines which begin
at a point on the Northerly bank of the Trilby Lateral which bears
N 89"38145" E 1320.19 feet and again S 000041S90 W 845.86 feet from
the Northwest corner of said Section 3 and run thence along the said
Northerly bank, N 73004'36" E 10.82 feet rand again S 59"15112" E
94.79 feet and again S 82*10120" E 34.21 feet; thence leaving said
Northerly bank, N 87006,030 E 167.70 feet to a point on the said
Northerly bank; thence along the said Northerly bank, S 53"35127" E
115.10 feet and again S 33041'34" E 99.13 feet and again
S 48027129" E 79.93 feet and again S 64046,15" E 77.28 feet and
again S 70023'40" E 146.64 feet and again S 45004.570 E 47.68 feet _
and again S 75°59'11" E 30.44 feet and again N 73022129" E
53.72 feet and again N 50007.56" E 38.27 feet; thence leaving said
Northerly bank, S 72"54137" E 221.25 feet to a point on the said
Northerly bank; thence along the said Northerly bank, S 16"41'49" E
147.88 feet and again S 00043'39" W 67.58 feet and again
S 50"17'44" E 44.17 feet and again S 85"03'15" E 46.07 feet and
again N 5001714SR E 106.31 feet and again N 73*03,50" E 55.03 feet
to a point on the East line of the said Northwest 1/4; thence
S 00"02149" W 1232.94 feet along the said East line to the
Center 1/4 corner of said Section 3; thence S 00003142" W
494.35 feet along the East line of the said Southwest 1/4 to a point
on the South line of the North 30 acres of the said Southwest 1/4;
thence S 89044'15" W 1322.01 feet along the said South line to a
point on the West line of the East 1/2 of the West 1/2 of said
• Section 3; thence N 00"04'59" E 2284.39 feet along the said West
line to the point of beginning.
PARCEL 2•
A tract of land situate in the West 1/2 of the Northwest 1/4 and in
the West 1/2 of the North 30 acres of the Southwest 1/4 of
Section 3, Township 6 North, Range 69 West of the 6th P.M., City of
Fort Collins, County of Larimer, State of Colorado, which
considering the West line of the said Northwest 1/4 as bearing
N 00-071080 E and with all bearings contained herein relative
thereto is contained within the boundary lines which begin at the
Northwest corner of said Section 3 and run thence N 890381450 E
417.60 feet along the North line of the said Northwest 1/4; thence
S 01007156" W 429.21 feet to a point on the Northerly bank of the
Trilby Lateral; thence along the said Northerly bank, S 63*141320 E
164.11 feet and again S 82"21'17" E 66.91 feet and again
N 77-311510 E 97.85 feet and again S 10005,35" E 69.28 feet and
again S 33001'18" E 80.70 feet and again S 54059,11" E 63.18 feet
and again S 67"16'46" E 49.47 feet and again S 75028154" E
49.01 feet and again S 18049'56" E 57.81 feet and again
S 33"16'55" E 49.95 feet and again S 58048'10" E 50.24 feet and
again S 70"10'53" E 58.94 feet and again S 75014'24" E 121.52 feet
and again N 88"54'20" E 51.45 feet and again N 73004'36" E
90.98 feet to a point on the East line of the West 1/2 of the said
Northwest 1/4; thence along the said East line, S 00004159" W
2284.39 feet to a point on the South line of the North 30 acres of
the said Southwest 1/4; thence S 89*44,15" W 1322:18 feet along the
said South line to a point on the West line of the said
Southwest 1/4; thence N 00007.25" E 494.35 feet along the said West
. line to the West 1/4 corner of said Section 3; thence N 00007'08" E
2633.79 feet along the West line of the said Northwest 1/4 to the
point of beginning.
. ORDINANCE NO. 46, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
CAPITAL PROJECTS FUND 1/4 CENT NATURAL AREAS CAPITAL PROJECT
FOR REIMBURSEMENT TOWARD THE PURCHASE PRICE OF A 139-ACRE
PORTION OF THE CATHY FROMME PRAIRIE ACQUIRED IN 1995
WHEREAS,in September 1995,the City of Fort Collins was awarded a$400,000 grant from
Great Outdoors Colorado(GOCO),to be used to purchaseX 139-acre3peit i e€preperty from G.D.
McGarvey and Lee A. Stark for$1,314,517,which is a now part of the Cathy Fromme Prairie;and
WHEREAS, the aforementioned 139-acre parcel was acquired using funding from the
dedicated 0.25 cent Sales and Use Tax which went into effect in January of 1993 and expired in
December of 1997; and
WHEREAS, the City Council is concurrently considering Ordinance No. 45, 2000 which
when adopted on second reading on May 16, 2000 will authorize the City to enter into an
intergovernmental agreement with Great Outdoors Colorado for receipt of GOCO funds, totaling
$400,000,as a partial reimbursement for the acquisition ofthe 139-acre property acquired from G.D.
McGarvey and Lee A. Stark, in exchange for the imposition of a deed restriction or conservation
easement to protect the property from uses contrary to the purposes of the grant; and
• WHEREAS,the reimbursement by GOCO will be appropriated in the 1/4 Cent Natural Areas
Capital Project where said appropriations will be available for the acquisition and development of
open space,trails and natural areas as identified in the Natural Areas Policy Plan; and
WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins(the"Charter")
permits the City Council to make supplemental appropriations by ordinance at any time during the
fiscal year,provided that the total amount of such supplemental appropriations,in combination with
all previous appropriations for that fiscal year, does not exceed the then current estimate of actual
and anticipated revenues to be received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the
Capital Projects Natural Areas capital project, the sum of FOUR HUNDRED THOUSAND
DOLLARS ($400,000), upon receipt from Great Outdoors Colorado to be used for the acquisition
and development of open space, trails and natural areas.
•
Introduced and considered favorably on first reading and ordered published this 2nd day of
May,A.D. 2000, and to be presented for final passage on the 16th day of May, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of May,A.D. 2000.
Mayor
ATTEST:
City Clerk
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