HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/02/2000 - ITEMS RELATING TO INTERGOVERNMENTAL AGREEMENTS WIT AGENDA ITEM SUMMARY ITEM NUMBER: 13 A-CDATE: May 2, 2000
. FORT COLLINS CITY COUNCIL STAFF: Tom Shoemaker
SUBJECT:
Items Relating to Intergovernmental Agreements with Great Outdoors Colorado and Larimer
County for 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 of$235,000 by Great Outdoors Colorado and
of$60,000 by Larimer County, toward the purchase price of $520,000 for an 80-acre portion of
the Cathy Fromme Prairie acquired in January 1995.
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EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 47, 2000, Authorizing an Intergovernmental Agreement i
with Great Outdoors Colorado for the "Cathy Fromme Prairie" Conservation Project and
Authorizing Execution of a Declaration of Covenants, Conditions, and Restrictions on an
80-acre Portion of the Cathy Fromme Prairie as Required Thereby.
B. First Reading of Ordinance No. 48, 2000,Authorizing an Intergovernmental Agreement
with Larimer County Regarding the 80-acre Portion of the Cathy Fromme Prairie
Acquired from Dan Jensen and Authorizing the Conveyance of an 11% Undivided
Interest in the Property to Larimer County as Required Thereby.
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C. First Reading of Ordinance No. 49, 2000, Appropriating Unanticipated Revenue in the
1/4 Cent Sales Tax for Natural Areas Capital Fund received from Larimer County and
from a grant from Great Outdoors Colorado for the "Cathy Fromme Prairie"
Conservation Project.
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DATE: May 2, 2000 2 ITEM NUMBER: 13 A-C
BACKGROUND:
In September 1995, the City of Fort Collins and Larimer County were awarded a $235,000 grant
from Great Outdoors Colorado to be used for the acquisition of an 80-acre portion of the Cathy
Fromme Prairie. Larimer County also pledged $60,000 toward the purchase price of$520,000.
The property was acquired from D. Jensen Enterprises in January 1995. Recently, staff has been
working with Larimer County and Great Outdoors Colorado to complete all of the outstanding
requirements for this conservation project. These Council actions will approve the grant
agreement required by Great Outdoors Colorado, provide for the long-term ownership and
management of the property by the City of Fort Collins and Larimer County and provide for the
reimbursement of funds for the purchase of the property,which is expected in June 2000.
The Declaration of Covenants, Conditions and Restrictions on the property would prohibit the
use of the property in a manner 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. 47, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH GREAT OUTDOORS COLORADO FOR THE"CATHY FROMME PRAIRIE"
CONSERVATION PROJECT AND AUTHORIZING THE EXECUTION OF
A DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS
ON AN 80-ACRE PORTION OF THE CATHY FROMME PRAIRIE,
AS REQUIRED THEREBY
WHEREAS, in 1995,the City of Fort Collins became the owner of approximately 80 acres
of land located east of Taft Hill Road and to the south adjacent to the original Cathy Fromme Prairie
property,more particularly described as:the N 1/2 of the NW 1/4 of section 10,Township 6 North,
Range 69 West of the 6th P.M.,except the east 60 feet of the west 90 feet,County of Larimer,State
of Colorado (the"Property"); and
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 and Larimer County were awarded
a grant from the GOCO Board in the amount of$235,000, to assist with the acquisition of the
Property (the"Grant"); 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
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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
•
. ORDINANCE NO. 48, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY REGARDING THE 80-ACRE PORTION OF
THE CATHY FROMME PRAIRIE ACQUIRED FROM DAN JENSEN
AND AUTHORIZING THE CONVEYANCE OF AN I I%UNDIVIDED INTEREST
IN THE PROPERTY TO LARIMER COUNTY AS REQUIRED THEREBY
WHEREAS,in 1997,the City acquired from Dan Jensen the 80-acre parcel which is now a
part of Cathy Fromme Prairie,more particularly described as:the N 1/2 of the NW 1/4 of section 10,
Township 6 North, Range 69 West of the 6th P.M., except the east 60 feet of the west 90 feet,
County of Larimer, State of Colorado (the"Property"); and
WHEREAS,City staff has negotiated an Intergovernmental Agreement with Larimer County
(the"IGA"),whereby Larimer County would pay$60,000 toward the purchase price of the Property,
in exchange for the quit claim by the City of an undivided 11%interest in the Property to the County;
and
WHEREAS,the IGA further provides that the City will manage the Property,primarily for
open space, wildlife habitat, passive recreational use and natural area purposes; and
WHEREAS,a copy of the IGA,dated May 2,2000,is on file in the Office of the City Clerk,
and available for review; and
WHEREAS,Article II,Section 16 of the City Charter and Section 29-1-203,C.R.S., provide
that the Council may enter into agreements with other governmental bodies for the performance of
cooperative or joint activities; 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 Mayor is hereby authorized to enter into the IGA,in substantially the form
of the same dated May 2,2000,and on file in the Office of the City Clerk,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.
Section 2. That the quit claim of an undivided 11% interest in the Property to Larimer
County, in accordance with the IGA, is in the best interests of the City of Fort Collins.
Section 3. That the Mayor is hereby authorized to execute a quit claim deed conveying an
undivided 11% interest in the Property to Latimer County,upon execution of the IGA.
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
• ORDINANCE NO. 49,2000
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 AN 80-ACRE
PORTION OF THE CATHY FROMME PRAIRIE ACQUIRED IN 1995
WHEREAS,in September 1995,the City of Fort Collins and Larmier County were awarded
a$235,000 grant from Great Outdoors Colorado(GOCO),to be used to purchase an 80-acre portion
of property from D. Jensen Enterprises for $520,000, which is a now part of the Cathy Fromme
Prairie; and
WHEREAS, the aforementioned 80-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. 47, 2000 and
Ordinance No. 48,2000 which when adopted on second reading on May 16,2000 will: 1)authorize
the City to enter into an intergovernmental agreement with Great Outdoors Colorado for receipt of
GOCO funds, totaling $235,000, as a partial reimbursement for the acquisition of the 80-acre
property acquired from D. Jensen Enterprises, 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
2) authorize the City to enter into an intergovernmental agreement with Larimer County regarding
the management of the 80-acre parcel and authorizing the City to quit claim an undivided I I%
interest in the property to the County in exchange for$60,000; and
WHEREAS,the reimbursement by GOCO and the receipt of funds from the County 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 as follows:
Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in
the Capital Projects Natural Areas capital project, the sum of TWO HUNDRED THIRTY-FIVE
THOUSAND DOLLARS($235,000),upon receipt from Great Outdoors Colorado to be used for the
• acquisition and development of open space,trails and natural areas.
Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in
the Capital Projects Natural Areas capital project, the sum of SIXTY THOUSAND DOLLARS
($60,000),upon receipt from Larimer County 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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