HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/1999 - RESOLUTION 99-133 AUTHORIZING THE ACQUISITION OF A AGENDA ITEM SUMMARY ITEM NUMBER: 76
DATE: November 2, 1999
FORT COLLINS CITY COUNCIL
STAFF: Tom Shoemaker
SUBJECT:
Resolution 99-133 Authorizing the Acquisition of Approximately One-Hundred Sixty-Eight Acres
of Land and Associated Water Rights.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT:
Acquisition of the property would cost $1.876,840. Of this, the land cost of$1.638,400 would be
paid from the Natural Areas portion of the Building Community Choices capital project. The
remaining $238,440 for acquisition of three shares of Pleasant Valley and Lake Canal Company
water rights would be paid by the Water Utility. Sufficient funds are appropriated for both
purchases.
3 EXECUTIVE SUMMARY:
Staff has negotiated a purchase and sale agreement with Willing Acres Company for the purchase
of 168 acres of land and associated water rights. The majority of the land, located at the northeast
corner of Trilby Road and Shields Street in southwest Fort Collins,would be incorporated into the
City's growing system of public natural areas. Staff has determined that not all of the 168 acres is
essential for meeting natural area purposes and has proposed that a portion of the property
(approximately 50 acres)be considered for resale for the purposes of meeting the community's need
for affordable housing. Resolution 99-133 would authorize the following: (1)purchase of the 168-
acre tract of land and associated shares of Pleasant Valley and Lake Canal Company, (2) further
investigation of the potential for resale of up to 50 acres of the property within a one-year period for
purposes of meeting affordable housing needs, including a right of first refusal to the Fort Collins
Housing Authority through February 29.2000,(3)a lease agreement with Russ Jackson.the existing
tenant on the property,for continued residence and farming and ranching operations.and(4)naming
of the property as the "Hazaleus Natural Area" in honor of the sellers' family.
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DATE: November2, 1999 2 ITEM NUMBER: 26
BACKGROUND:
Staff has negotiated a purchase and sale agreement with Willing Acres Company for the purchase
of approximately 168 acres of land located in southwest Fort Collins at the northeast comer of Trilby
Road and Shields Street. The purchase and sale agreement is contingent on approval by the City
Council and contains the following provisions: (1) purchase price of$1,876,840 for 168 acres of
land and 3 shares of Pleasant Valley and Lake Canal Company. (2) approval of a lease agreement
with Russ Jackson, the existing tenant on the property, for continued farming and ranching for a
period of at least six months,(3)naming the area the"Hazaleus Natural Area"in honor of the sellers'
family,and(4)satisfactory completion of all physical and environmental inspections of the property.
If approved by Council, the transaction would close on December 14, 1999.
The proposed purchase price includes $1,638,400 for the land and $238,440 for the water ($2,000
per acre foot). The price of the water represents current market rates. The price for the land
represents a significant bargain sale of the property with a donation value estimated at $411,600.
The Land Management Office has reviewed property values in the area with a local appraiser as well
as the City's own data on comparable land sales and estimates the actual value of the land itself at
$2,050,000 ($12,202 per acre).
The property is located within unincorporated Larimer County,inside the City's growth management
area. The site is vacant except for a small farm house and associated farm buildings. It is currently
zoned FA-1 within Larimer County. The site is eligible for annexation by the City and in the future
would probably be zoned a combination of Public Open Land (POL) on approximately 118 acres
and Low Density Mixed Use Neighborhood(LMN)on approximately 50 acres. The City's Structure
Plan shows the property as a combination of open lands and low density mixed-use development.
Portions of the site have been included in the City's inventory ofNatural Habitats and Features since
the inventory was first compiled in 1992. The site contains two small tributaries to Fossil Creek,
significant wetland areas, and about 50 acres of land that are generally occupied by prairie dogs.
Since much of the site has been used for farming and ranching in the past, much of the vegetation
on the site is not native and will require restoration efforts over time. The site is, nevertheless,
important for its wildlife habitat values,as a corridor between other natural habitats and features,and
for its outstanding scenic and aesthetic qualities.
While the property has been included on the City's list of potential acquisition sites since 1992, it
has been considered a lower priority for acquisition until recently. The site assumed a higher priority
recently due to several factors, including:
• Successful acquisition of natural area sites both north and south of this property made this
property more important in terms of its potential to provide a significant area of contiguous
natural habitat and an effective corridor .
• Adoption of the City's prairie dog policy gave a higher priority to acquiring the few remaining
unprotected sites with large acreages of prairie dog colonies.
• The Natural Resources Advisory Board urged staff to pursue acquisition of the site.
• Although several developers were interested in the property,the seller approached the City with
a strong interest in seeing the property acquired for public purposes.
DATE: November2, 1999 ' ITEM NUMBER: 26
Based on these factors, staff negotiated the purchase and sale agreement with the Sellers.
• Acquisition of the parcel has the potential to meet several Cit} objectives. It will add an important
area to the City's system of Natural Areas and provide additional opportunity for both natural area
protection and for providing passive recreation opportunities for the community, such as walking..
wildlife viewing, bicycling, and horseback riding. The site will also provide right-of-way for a
future north-south trail connection to Loveland that is planned in the City's Parks and Recreation
Master Plan. The site also offers the opportunity for development of residential housing to help meet
the City's affordable housing needs. The latter objective could be met by resale of a portion of the
property to an affordable housing developer, either public or private.
The concept for the future sale of a portion of the property for affordable housing emerged from four
places. In the past,Councilmembers have expressed support for land purchases that served multiple
purposes, including affordable housing and natural area proximity. Second, in evaluating the
property for acquisition.Natural Resources staff determined that the entire property was not essential
to meet natural area purposes in this area. Staff believes development of a portion of the property
adjacent to existing development to be appropriate and that it can be accomplished in a manner that
is compatible with the adjacent natural area. Third, as Natural Areas staff were discussing the
potential acquisition of the site,Advanced Planning staff were discussing with Council the potential
to create a land bank for affordable housing. Together,the two staffs realized that this parcel could
help meet both critical needs in the community - affordable housing and natural area protection.
Fourth, several affordable housing development interests have expressed interest in the property.
For these reasons, staff has proposed that we continue to evaluate the concept of resale of up to 50
acres of the property to help meet affordable housing needs. The Resolution does not obligate the
Council to sell the property at this time. Rather, it directs the City Manager to further investigate
the potential for resale and present his recommendation to the Council. The property would first be
offered to the Fort Collins Housing Authority. If the Authority declines the property, staff would i
conduct a public process to select a purchaser before presenting'a recommendation to Council. Staff
anticipates completing that process within a nine-month time frame.
The purchase and sale agreement for the property also requires that the property be named the
"Hazaleus Natural Area". Staff agrees with this proposal and believes it is consistent with the
current policy in place for naming natural areas. That policy places a priority on names that evoke j
the natural character of the land(e.g.,Coyote Ridge),but allows properties to be named after people
if there is a significant donation involved and the seller wishes it, or if the name has some historic
or geographic significance, or recognizes someone who has made significant contributions to the
community. Staff believes these criteria are met in this instance (see attachment).
This acquisition has been reviewed extensively by the Natural Resources Advisory Board at several
meetings, most recently at its October 20. 1999 meeting (minutes attached). The Board voted to
support the acquisition of the site(7 for. I against). They also voted to support the further evaluation
of resale of a portion of the property for affordable housing purposes(7 for.0 against, I abstention).
The NRAB did not support naming the site"Hazaleus Natural Area",instead recommending that the
family be recognized and honored in another mutually agreeable way(5 for. 3 against). The Board
believes that the current policy that allows naming natural areas for families or people is too vague
and needs to be revised to provide greater clarity regarding what is a "significant" donation. and the
nature of the contributions to the community. The Board believes that the donation value should be
DATE: November 2, 1999 4 ITEM NUMBER: 26
a very substantial portion of the total value and that those who are honored should have made
significant contributions in the area of natural area or environmental protection. The board voted
unanimously to recommend immediate review of the policy regarding naming natural areas.
Attachments
Location Map
Natural Resources Advisory Board Minutes of September 29. 1999
Natural Resources Advisory Board Minutes of October 20, 1999
Memo from Ron Mills on Land Value
Letter from Susan Hazaleus Regarding her Parents' Accomplishments
Letter from Albert C. Yates
Letter from John and Margaret Batson
Natural Areas Naming Policy
RESOLUTION 99-133
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION OF APPROXIMATELY
ONE HUNDRED SIXTY EIGHT ACRES OF LAND
AND ASSOCIATED WATER RIGHTS
WHEREAS,Willing Acres Company is the owner of approximately 168 acres of land located
north of Trilby Road on the east side of Shields Street in Fort Collins, more particularly described
on Exhibit"A", attached hereto and incorporated herein by this reference,together with 3 shares of
Pleasant Valley Lake Canal Company irrigation water (totaling 119.22 acre feet), referred to
collectively as the "Property"; and
WHEREAS, Willing Acres Company has agreed to sell the Property to the City for the net
amount of$9,752 per acre and$2,000 per acre foot for the associated water rights; and
WHEREAS,the land purchase price is substantially below the estimated market value of the
property; and
WHEREAS, among the objectives of the Natural Areas Policy Plan as adopted by the City
Council is to establish a system of publicly owned natural areas to protect the integrity of critical
conservation sites, protect corridors between natural areas. preserve outstanding examples of Fort
Collins' diverse natural heritage and provide a broad range of opportunities for educational,
interpretive and recreational programs to meet community needs; and
WHEREAS, City staff and the Natural Resources Advisory Board have reviewed the
resource, natural heritage and open space values of the Property, and have determined that a
substantial portion of the Property(the"Natural Areas Parcel")would provide a valuable opportunity
to advance the objectives of the Natural.Areas Policy Plan; and
WHEREAS, a portion of the Property. approximately fifty (50) acres in size (the
"Development Parcel"),may not be essential for natural area purposes and may be more suitable for
future private development; and
WHEREAS,Willing Acres Company is unwilling to divide the Property into natural area and
development parcels; and
WHEREAS,on February 2. 1999.the City Council adopted Resolution 99-16,approving the
City's Priority Affordable Housing Needs and Strategies Report,dated February 2, 1999,which sets
forth the City's priorities and strategies for the development and enhancement of affordable housing
resources in Fort Collins; and
)WHEREAS,the acquisition of the Development Parcel provides an opportunity to advance
the goals and objectives of the Priority Affordable Housing Needs and Strategies Report; and
WHEREAS, the acquisition of the entire Property is desirable as a means of acquiring the
Natural Areas Parcel,and staff has begun efforts to investigate the resale of the Development Parcel
in a manner that would include the development of affordable housing; and
WHEREAS, sufficient funds are available and appropriated in the natural areas portion of
the Building Community Choices Fund for the acquisition of the real property portion of the
Property, additional funds are available in that account for maintenance of the Property following
acquisition, and sufficient funds are available in the Water Utility Fund for the acquisition of the
water rights associated with the Property; and
WHEREAS,the Council has determined that the purchase price and donation of the Property
is fair and reasonable and in the best interests of the citizens of the City; and
WHEREAS,the Natural Resources Advisory Board has recommended to the Council that
the acquisition of the Property be completed; and
WHEREAS, the Council has determined that it is appropriate to name the Natural Areas
Parcel the"Hazaleus Natural Area".
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager be, and hereby is, authorized to execute such
documents as are necessary for the City to acquire the Property consisting of approximately one
hundred sixty eight (168) acres of land, as described on Exhibit "A", together with 3 shares of
Pleasant Valley Lake Canal Company (totaling 119.22 acre feet) for an amount not to exceed $1.9
million.
Section 2. That the City Manager is hereby authorized to execute a lease agreement with
Russ Jackson for a period of two (2) years for the continued use of the property as a residence and
for farming and ranching operations.
Section 3. That the Natural Areas Parcel shall be known as the"Hazaleus Natural Area".
Section 4. That the Property, while owned by the City, shall be used solely as a public
natural area,and that in the event that the City Council subsequently determines that it is in the best
interests of the City to sell or otherwise dispose of all or any portion of the Property, the proceeds
of such sale shall be dedicated to the acquisition or maintenance of other public natural areas.
Section 5. The Fort Collins Housing Authority shall be granted a first right of refusal
through February 29. 2000. to acquire the Development Parcel for an amount equal to the
proportional share of the total acquisition cost attributable to the Development Parcel,together with
interest thereupon from the date of the acquisition for a period of 60 days.
• Section 6. That if the Housing Authority declines to purchase the Development Parcel.
the City Manager shall conduct a process to select a purchaser of the Development Parcel, which
process shall emphasize the affordable housing benefits to be generated by the proposals received,
and shall make a recommendation to the Council regarding the sale of the Development Parcel for
development. including the terms and conditions of the sale.
Section 7. That if the sale of the Development Parcel is not completed within one year
of the date upon which the City acquires the same.the City Manager shall present to the Council an
ordinance authorizing the transfer of appropriations from such funds as shall be determined to be
appropriate at that time, to the natural areas portion of the Building Community Choices Fund, in
an amount equal to the proportional share of the total acquisition cost attributable to the
Development Parcel, together with interest thereupon from the date of the acquisition.
Passed and adopted at a regular meeting of the City Council held this 2nd day of November,
A.D. 1999.
Mayor
ATTEST:
. City Clerk
• EXHIBIT "A„
LEGAL DESCRIPTION
SW % and S % of S 'h of NW '/4 of Section 11, Township 6 N, Range 69 W of the 61h P.M., less 3
acre road and 3 acre RR and less Book 1267 at Page 444.
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• Excerpt
DRAFT MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
REGULAR MEETING
281 N. COLLEGE
SEPTEMBER 29, 1999
For Reference: Randy Fischer, NRAB Chair - 226-5383
Bill Bertschy, Council Liaison - 484-0181
Susie Gordon, Staff Liaison - 221-6265
Board Members Present
Reagan Waskom, Randy Fischer, Nate Donovan, Jan Rastall, Don Rodriguez and Kelly
Ohlson
Board Members Absent
Bill Miller, Rick Harness and Phil Murphy
Staff Present
Natural Resources Dent: Tom Shoemaker, Mark Sears and Sally Maggart
Hazaleus Acauisition: Tom Shoemaker, Natural Resources Director
Shoemaker said that there is a signed contract on 168 acres located at Shields and Trilby
that is owned by the Hazaleus family. He explained that this has been rated as a low
priority acquisition, but there are prairie dogs on the property. Shoemaker said that the
sellers are donating some of the value of the land for a natural area or other public use and
there is an affordable housing component to the acquisition.
Shoemaker said that, while acquisitions normally do not have to be approved by Council,
there is a lease involving irrigated pasture and Council approval is necessary when naming
a natural area for a family. Shoemaker said that he will take the acquisition to Council on
October 19.
Shoemaker explained that the Hazaleus family has owned the property for about 50 years.
Mrs. Hazaleus passed away last year. He noted that because she made a significant
contribution to the community and was active at CSU, it is appropriate to name the
natural area in her honor.
Shoemaker said that 50 acres in the northwestern comer would be made available for
affordable housing in the future. He added that at least three affordable housing providers
have expressed interest in the project. Shoemaker said that Susan Hazaleus is an
affordable housing planner in Denver, but there are no contractual obligations on the
property regarding affordable housing.
Excerpt of Minutes
Natural Resources Advisory Board
September 29, 1999
Page 2
Shoemaker said that the City is paying market value and not taking restrictions on the
property. He noted that the property is contiguous with Colina Mariposa on the south and
provides drainage protection. Staff feels it is appropriate to define the boundaries and sell
some of the land for appropriate purposes. This would recoup approximately $750,000
and would happen within a year from the purchase. Shoemaker added that the resolution
to Council would identify this as a potential but would not be asking for a definite yes or
no. He would come back in six months with that recommendation.
Don Rodriguez asked if the water shares would be sold. Shoemaker said that the City's
Water Utility is interested in buying the water and the Natural Resources Department
would lease the water from them for the timeframe needed to convert the non-native
pasture to grasses.
Kelly Ohlson said that he will pull this item at Council and will speak publicly against the
naming. He said that there are people who have given their lives to preserving open space
and then somebody donates a small amount of land and wants it named after them. He
said it is appalling and insulting to those who get nothing out of their work for open space
and then because someone owns a farm 50 years ago, it is named after them with a
donation of three percent of the price of the land. Ohlson said that it is a sad state of
affairs if that is what we are going to. He said that the majority of the people supporting
open space are not buying having affordable housing on an open space chunk. Shoemaker
said that they will be opposed if Ohlson does not participate in telling the real story.
Ohlson said that the naming is appalling and is not the right thing to do on any level.
Shoemaker asked "what is the priority?" Ohlson said that it is "fairness and decency".
Shoemaker said that he thought the priority is to protect the land. He noted that he is
dealing with a willing seller and the deal is fair to taxpayers, the city and the landowners.
Shoemaker said that the naming meets the criteria of the administrative policy.
Rodriguez said that he philosophically agrees with Kelly. He suggested doing some other
things to give the person recognition other than the naming of the natural area. Rodriguez
said that nobody will be able to pronounce the name. He suggested naming the affordable
housing Hazaleus Farms and produce a brochure that highlights the history of the farm.
Rodriguez said that he understands where the daughter is coming from and understands
that the mother and father both made viable contributions but this sets a bad precedent.
He said that the citizens are contributing to this, not one family, and the area should be
named to reflect the ecology through a nominating process.
Reagan Waskom asked if a three percent contribution would set a precedent. Shoemaker
responded that he would not be recommending it if that was all there was to it. Ohlson
Excerpt of Minutes
Natural Resources Advisory Board
September 29, 1999
. Page 3
said that if the majority of the Board objected, there will be public disagreement, and staff
could go back and offer other options.
Shoemaker said it is necessary to separate out the issues to determine if the Board likes
the acquisition, .what about the naming, and where are you about affordable housing? He
reiterated that the affordable housing would provide approximately $750,000 to spend on
more valuable land. If that is not approved, the land could become a nice natural area but
will be expensive to restore.
Ohlson said that affordable housing has potential political damage. He said that he is
neutral on the purchase and the affordable housing proposal. The naming thing opens the
entire thing up and he said that he will use everything at his disposal because it is not a
good use for $1.7 million.
Randy Fischer said that he is in favor of the purchase because of the resource value. He
added that the naming does not mean much to him but trusts Ohlson's judgement on the
matter and will support him. Fischer added that he does not have sweat in the issue like
Kelly. He suggested going back to the landowner and see if there is a way around it.
• Fischer asked if the affordable housing piece is a requirement of purchase. Shoemaker
said it is not and it would probably have a six month deadline. He noted that the Natural
Resources Department tries not to buy more land than what we are going to keep, but
sometimes parcels do not lay out that way and the landowners say"take all or none".
Jan Rastall said that she does not know how properties are decided upon for purchase.
She added that she does not think the naming is that big of a deal, but she does not know
the history. Rastall said that she can support the Board if it is decided that it is not a good
move to name a property after somebody because it would alienate people working for the
environment
Rodriguez asked if the family is aware of the environmental community feelings.
Shoemaker responded, no and added that they would be deeply insulted because they feel
their family contributed to the community. He said that he will not take the acquisition to
Council if it will publicly embarrass the family.
Ohlson said that there needs to be a more definitive guideline, such as, donating more than
half of the appraised price in a sale before being named for a person.
Waskom said that he is supportive of the land purchase and the affordable housing
component seems to be thought out and a good deal. He said the name is troublesome
because of the way Kelly feels about it. Waskom said that he would like staff to go back
40
and work the deal in a different way and recognize the family in another way.
Excerpt of Minutes
Natural Resources Advisory Board
September 29, 1999
Page 4
Nate Donovan said that it is a good purchase with a connection to the corridor and the
affordable housing component is a good thing. He added that he does not want it divisive.
Donovan said that the naming is an appropriate application of the administrative guidelines
and flexibility is needed in determining what is a significant donation. He noted that three
percent could be significant. Donovan said that there is a need to logically determine how
a naming decision is made. He felt that the naming of the area is more important than a
ceremony or recognition because it is a permanent thing.
• Excerpt of
MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
SPECIAL MEETING
281 N. COLLEGE
OCTOBER 20, 1999
Hazaleus Property Acqusition
Tom Shoemaker said that at the last meeting this was talked about at some length. He
told the board he wanted to give an update on the information and also to ask the board to
take a formal vote on three questions. The three questions are:
1. Should we proceed with the acquisition? Is this an acquisition that merits our
spending natural areas money? Staff recommends strongly that we proceed with the
acquisition.
2. We had a lot of discussion about the naming issue at the last meeting. How does the
board feel about the issue of naming it the Hazaleus Natural Area. Staff s
recommendation is that we should do so.
3. How does the board feel about keeping open the possibility of the resale of
approximately 50 acres to an affordable housing project in the not too distant future.
The idea being that up to 50 acres of the property would be made available at a fair
price for a housing process that has a significant affordable housing component.
• The additional information we would like to share is in the materials that were
distributed. There are two letters of support regarding the naming issue, one from Dr.
Yates at CSU and another from a citizen. The other piece of information we've talked
about is there being some donation component. The family knocked $50,000 off the
original price, which was known to be below the market value, but a formal appraisal had
not been completed. Shoemaker requested Ron Mills do his own estimate and check with
local appraisers. Mills has developed a conservative estimate of 2.05 million, the agreed
to purchase price is 1.64 million. The actual donation value he is prepared to defend is
$411,000, or 26% of the overall value of the property.
There has been a lot of discussion about the issue of naming. There may remain some
disagreement between staff and some board members. Staff feels the naming is
appropriate due to; 1)a significant donation value, and 2) The natural areas naming
policy, which has been reviewed by this board, and Parks and Recreation, doesn't restrict
the naming of a natural area only to significant donations. There is no clear definition of
"significant donation". The other issues are the naming after a historic place, or a
member of the community that the community wishes to honor. This discussion will lead
to a city-wide review of our naming policies. To the best of our knowledge, we're the
only department trying to bring some order to this,but it's not as orderly as it needs to be.
Excerpt of Minutes
Natural Resources Advisory Board
October 20, 1999
Page 2 of 5
Discussion
• Ohlson: To be fair, those numbers are not the way the deal was made. Now we have a
new valuation, it would be very dishonest to show only that to City Council. That
other value never surfaced in writing.
• Hazaleus: I've known that value all along, it was a calculation that I made. We could
have started at this point.
• Rodriguez: It would be helpful if you had a documented appraisal.
• Shoemaker: Yes, you're correct, that's how we presented it. I've been clear that we
thought the actual value was much higher. Based on Ron Mills' and my experience
in dealing with lands in this area, we felt that where the owner was starting from was
a bargain. The reasons we didn't do an appraisal are, urgency on the part of the seller
and the cost of an appriasal.
Susan Hazaleus gave a brief talk about her family and their history. She said that in their
day, her parents were stewards of the land and conservationists. Their wishes were for
the land to be used in some kind of public way. Hazaleus introduced several guests who
gave brief talks about Margaret Hazaleus, saying she touched the lives of thousands of
students and made a difference in the community.
• Fischer: Hope you understand that nothing said tonight is intended to say anything
about your family, it's obvious they have made tremendous contributions to the
community. There are some reservations regarding the naming issue.
• Ohlson: We need to establish this is not about the Hazaleus family. This is not about
war records and unfortunate illnesses, that's not the issue. I'm sure they're wonderful
people, and wish I'd grown up in that family. But, I don't waver on my position and
will take whatever actions are appropriate to make sure this doesn't happen.
1. Those dollar numbers should have been presented at the beginning of this process.
It's a smoke screen, it's a 2-1/2% donation. Even at 20% it's not an adequate
figure for the naming process. We've had this issue for a long time, nothing
should be considered unless it's at least 50%, but I would prefer 80%.
2. There are fairness and justice issues. On a scale of 1 to 100, I'm at a 100. I'm not
going to budge, it's not fair. It sets a horrible precedent for the future. I don't
want to have to do this every three months, but I will, each and every time. We
need a policy that's based on common sense and justice, one that's based on
rational thought, and not war records.
3. We should be naming and honoring the land, the topography and the geology.
We're not naming them after animals that used to be there, and they shouldn't be
named after the people we bought the land from. I know about open space, I was
there in 94, 95, 97 and now in 99. 1 don't want to name natural areas and open
spaces after the people we buy from. It shouldn't be a popularity contest, we
can't get caught up in the emotion of the moment. We need to focus on fairness,
justice and common sense.
• Rodriguez: In the three years I've member of this board this is one of the most
difficult topics I've dealt with. The family has made incredible contributions to the
Excerpt of Minutes
Natural Resources Advisory Board
October 20, 1999
. Page 3 of 5
university and the community. Often times the naming issue is dealt with in an
arbitrary way. That said, I guess I feel fairly strongly about the association with
natural areas and contributions to the community. Have you considered the
affordable housing unit, that's a much better fit, could that be named the "Hazaleus
Farms"?
• Hazaleus: I appreciate your point of view. I entered into a good faith negotiation.
When I entered there was no policy that was presented to me. If there had been a
policy that said "these are the rules", that would have been a business decision. This
is really downstream to say"lets stop this transaction". It feels like bad faith. If a
policy had been presented I would have been happy to evaluate it and make a
decision.
• Ohlson: I would propose to do a nice interpretive arrangement on the property,
talking about the various contributions of the parents and the land there, something as
nice as could be done honoring the family. That stretches my comfort zone, and is
more than a fair compromise.
• Rodriguez: I would echo that. In the interpretative features, that would be a good
opportunity to highlight and make that story.
• Fischer: We need to address the process. We heard about the naming issue after the
contract was basically done except for the signatures. We are an advisory board to
Council, that doesn't mean the property won't get bought. We're trying to decide
what we want to tell City Council. We either agree or disagree with what's
happening.
• Ohlson: That's why you have closings in real estate. Things do break down, and staff
was well aware that the naming was a potential issue for this board.
• Fischer: There were a couple things missed when the policy was discussed. Part of
the process is the public will be involved in the naming process. Also, if a natural
area is being named after a person or family it has to go before City Council. In the
criteria for naming, the highest priority is that donated land be named after the donor,
the second is unique features. The lowest is after people in the community or
subdivisions. The devil is in the word donations, the definition. It needs to be
decided if the donation is a significant donation.
• Shoemaker: Frankly, I agree with a lot of the things being said here tonight. I
understand the concerns. In my opinion we met the spirit and intent of the policy.
We did make it clear that part of it needed to come to this board and City Council.
The bottom line is, when you get involved in negotiations the motivation at the time is
to do what it takes to get to "yes" in terms of an agreement. My motivation was not
to aggravate any members of the board
• Miller: What is the reality of the north portion of the property being acquired by
another part of the city? Is that a reality? Yes, with your recommendation on that
matter. There is significant interest with those who do affordable housing.
• Miller: Given the opportunity for affordable housing, we should acquire the property
without the Hazaleus name, but when the affordable housing component is acquired it
should be named after the family. We don't want to set a bad precedent over the
issue of naming.
Excerpt of Minutes
Natural Resources Advisory Board
October 20, 1999
Page 4 of 5
• Rastall: Personally I don't feel it's the board's position to solve this situation, there's
a contractual arrangement. We need to try to establish a policy that is more clear and
forthright. I will support what's already in place, but it needs to be cleared up.
• Murphy: There were agreements that need to be respected. For me, the only reason
I'm sitting here is for my children. My kids won't care about where the name came
from. The policy needs to be changed, but maybe it's not worth going after the policy
that exists, it allows some flexibility. I would say agreements were made, we move
forward and if we want to come back and take a shot at something more concrete we
can do that.
• Ohl son: My understanding is when things are going to be named after a person, they
are to be brought back to us,that's part of the process. The contract has been signed,
but it's contingent on Council approval. Sometimes you have to lose a battle to win
the war, and we've got to focus on the big picture, long term. It's not about
affordable housing, and it's not about one spot. I'd be willing to lose that parcel if
it's going to impact integrity and justice. Natural history is more important than the
one parcel we're going to miss. I'd lose that parcel in a heartbeat. We're focused too
much on affordable housing, and on one parcel. I urge you to think in the big picture,
not just small pictures.
• Fischer: I have to agree. I didn't join this board to get into problems like this when
we're trying to do something good for the environment. This has to be addressed
immediately.
• Waskom: I'm not going to support the acquisition or the naming.
• Fischer: Tom wants a direction from this board on 3 issues. I took a stab at the
wording of four issues, three for Tom, and one for me. We can vote on them
separately or all together.
• Miller: Would prefer to vote separately, that better shows the board's feelings on the
whole process.
• Donovan: We can approve the affordable housing component , but not advocate it.
This was a unique situation.
• Rodriguez: I think it's a great idea. I like the creative approach to partnering.
• Ohlson: I will be supporting all four proposals before us. This is the worst time I've
had at a NRAB meeting. I believe I'm 100% right. I hope we never have to have this
kind of discussion again.
• Rastall: I would like to have more explanation of why the board is not supporting the
naming. I don't feel comfortable supporting the third motion, and if the board is
going to, I would feel more comfortable if it was explained in the third motion.
The following motions were made by Bill Miller:
The NRAB recommends that staff Proceed with the acquisition of the parcel known as
the H zaleus Property for incorporation into the City's Natural Areas inventory.
The motion carried with seven votes in favor and one vote opposed.
Excerpt of Minutes
Natural Resources Advisory Board
October 20, 1999
Page 5 of 5
The Board is amenable to the future Potential resale of approximately 50 acres of the
Hazaleus Property adiacent to Scenic Knolls for development that meet the GO's
criteria for "affordable/atWnable housinr".
The motion carried with seven votes in favor and one member abstaining.
The NRAB recommends appropriately acknowledPinr the Hazaleus family for their
donation to the natural areas Pro--ram in a manner mutuaUv acceptable to the family.
NRD, and the NRAB that does not include namine the natural area ofthe acauisition
after the family.
The motion carried with five votes in favor and three votes opposed.
The NRAB recommends that City staff in coniunction with the NRAB immediately
develop a clear, well defined set of criteria for nandnr City natural areas.
The motion carried unanimously.
• Fischer: You (Susan Hazaleus) have an exceptional family and piece of property. I
hope you'll take us up on the idea of doing something to appropriately honor your
family.
•
Sent 6y: 3I'y RIGHT o= WAX; 970 415- 2209; Oc':-19-99 5:4'N; Page 1 !1
Administrative Services
Facility?services/Land Office
City of Fort Collins
MEMCRANDUM
DATE: October 19, 1999
TO: Tom Shoemaker, Natural Resources Director
FROM:*k)-Fkon Mills, Land Office Manager
RE: Value Estimate For Hazaleus Acquisition
Based on your recent request, I provided Information on lthe Hazaleus property to
a real estate appraiser we have used in the past and asked him to give us his input on the
proposed purchase. It's his opinion that a conservative value for the168 acre site is
$2,050,000 w/o water rights. Appreciation rates of 1 percent a,month in this market are
common. Please let me know if you reed additional Information.
..7 North magin Street • PC).3m SAD• Fort Collins,Co A052-1-ow• (9701 416 20Lj • 1'ar(970)415-77.09
•! C7?-0_-:999 1[a:_gHli FFi-lf1 FFc'',KOPS'-H;!G RTY:st.al. TO 22�61-^ P.02
Susan L Haraleuv -
2045 Malade Street
Denver,CC OW I
O.urgtar201 M9
Rick Zen,' TRANSMITTED BY FAX 970493-1218
Attorney w Law
218 Canyon Aversm '
FL C43EM,CO 0=1
Dear Pods
As we nianaserf by phone,a may be helpful for city staff and otfieats to Vlow oars abaa my
gonads in regard tale naming of fta open space for ltrem. I eke Wei in a Margaret Hanle us
Open Space as the name but my broth and I am amermde to some varisdon of tide. The
fo lMWV details some of my parents ecdornpirahnierts and tl*tory.
My to w.Mehl hkalaus,vas a acme pmfessor at CSU before his duet from a Bain tumor
In 1961.He had served in W W t ea a tarrk commander and received a SCver Star for his serv)m
8t!YW.ima.
BUM my pawls had Wow,up in famirglrjrA:hhg badg rWe. My father was raised on an
Oftho a wheel fam mid my Maher,a Hurd genaatiorr tbioradoan,grew up in the San Ws
Wiley. Thee It was,HU who+OW had saved e=V mousy error try father meowed from
the warier buy the fares. They nee both keeMy unseated in preservation and eMrhmerd of the
lard and Its wAdi fe. After try fa 6Ws unUmmy daaet,my moaner made sea dificAt denom,to
$my an ma term to several years,despite the rtaade dlfialties of both Managing the farm aid
fai�ng 1w9 G'aldren as a sngk peel. Kooning t1g1 my•aetPls 1llnesst�2errninat,rm rrroeher
had begin her staler at CSU as a means io mu ,the tw*.
She began ha creer at CUU as ttw CoordirMor of Study ptagrams In hole College of Horne
Economim oompleted a Masler's degree ad for The fast 13 years a her terme at CSU she vas
the AssIstars Dean to Me Ckmege of FW me Eowwrcics She was a sharg a3focete for studove
and was a founder of tt*VVomeils Skxsw Program ai CStI. She yscdved merry hangs
sitludng the College Orofsl rq FAMW"now,the UNverstty oresWW g Woman
Adminasatarthe Unwasily Hotter Alumni,ihs University Cuter Service Award In
uriderpoduate AdWOV:and fie lW4 Harry Avara Afar retmmwi.she vas bwxm as the
9rst Horner for the Rue Robot)Award by due Colege as the pradme%ho tad om*ibued me
most to fie Collem
She was alao alive Gr areas ootslde the UnVeray. An Wvarate of iswnef "VXs trrugttod
her tee,she served throe terms on the Gavama's Conmissim on the Stitho of Worm and wm
a member of eft FL Come City Corral C.bmimidee on the Staaa of Women to Pt.Collins,
which comaLvion enitWW the iWe report to iAe Ctty Dmx di. Ste saved on%a Ft COWM
L"w Way,darinw 4msft 4-H Wialaiehip Committee,and the Pmxbv R-i Dis r CMMWs
C:orwrittea A txe, cancer sivhw Irmself,she worked as a vaatreeecfor many years for ere
Cancer Sodety Reach to Rsoovery and was a Pardre Vwlsy Hospital Lfaline Vduttear.
1 hope this is hV FU. i can proviis additional details t necessary.
L Haz 9t �'V
rumrt nYew
TOTAL P.02
zuoiry
Office of the President
102.administration Building
Fort Collins,Colorado 80523-0100
(970)491-6211
FAX: (970)491-0501
http://aww.colosmte.edu
October 8. 1999
The Honorable Ray Martinez
Mayor of Fort Collins
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Dear Mayor Martinez.
It has come to my attention that the City of Fort Collins is in the process of
purchasing the Margaret and Melvin Hazaleus farm located at Trilby and Shields Street
for use as a natural area. I understand there is a proposal before the Natural Resources
Board to name the acreaee the Hazaleus Natural Area. Please accept my endorsement of
this proposal, which would dame this open space after two individuals who were strong
advocates for preservation and enrichment of land and wildlife. Together, they spent
much of their lives farmina and ranching in our communit},. The Hazaleus Natural Area
would serve as a tribute to their vision and hard work on behalf of our community.
:Margaret and Melvin Hazaleus served their community, state. and nation with
distinction. Melvin Hazaleus was a college professor at Colorado State University before
his untimely death from a brain tumor in 1961. He received a Silver Star for his service
at Iwo Jima during World War II.
Margaret Hazaleus remained on the couple's farm for several years after Melvin's
death_ raisin-,two children as a single parent. Margaret was a longtime Colorado State
University faculty member in consumer sciences and assistant dean of the College of
Home Economics (now the College of Applied Human Sciences) at the time of her
retirement in 1983.
!\-Margaret personified service over self in every aspect of her life, whether it was
mentoring young faculty. advocating for students. or supporting women's issues at a
statewide level. In the 1970s she was a co-founder of the Women's Studies Program at
the university and served three terms on the Governor's Commission for the Status of
Women. She not only taught new faculty about the University, but also instilled a value
system in them to understand the importance of providing the highest quality experiences
to students.
Letter of Endorsement to Mayor Martinez
October 8. 1999
Paeetwo
Marzaret's mane Universitv awards included the College Outstanding Faculty
Member, the University Outstanding Woman Administrator, the University Outstanding
Service Award in Undergraduate Advising, and the 1994 Henry Award for her
contributions to Colorado State University. After retirement. she served on the first 1870
Dinner Committee and was honored as the first winner of the Blue Ribbon Award by the
College of Applied Human Sciences as the graduate who had contributed the most to the
college.
Margaret also volunteered for a variety of community organizations, including the
Fort Collins Area United Way.Larimer County 4-H Scholarship Committee, and the
Poudre R-1 District Citizen's Committee. She was a member of the Fort Collins City
Council Committee on the Status of Women in Fort Collins, which authored the 1986
report to the City Council. Margaret. who was a breast cancer survivor, worked as a
volunteer for many vears for the Cancer Society Reach to Recovery and was a Poudre
Valley Hospital Lifeline volunteer.
Both Melvin and Margaret contributed significantly to our community and were
committed to preserving open lands for future generations. I urge City Council to
approve the proposal to name their former farm the Hazaleus Natural Area. It will be a
fitting tribute to a couple who were teachers, leaders. and mentors to many in the Fort
Collins community.
Sincerely.
Albert C. Yates
i
President
Cc: COUNCIL
RECEIVED
300 FIscNsncWCT 18 1999
BYRNE/STORMa5-
FYI CITY MANAGER
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NAMING OF NATURAL AREAS
• Executive Summary
Process
To avoid confusion caused by use of informal names, natural areas need to be officially named
as soon as possible. The process for naming unnamed natural areas in City ownership or under
contract as of January 1, 1995 will begin when this policy is administratively adopted by the
Natural Resources Director. Subsequently, the process will begin when a natural area goes
under contract. The public will be involved in the naming process.
After prospective names have been submitted, the Natural Areas Team, along with staff from
other departments when joint purchases are involved, will select a name. If that name is the
name of a person, the name will go before Council for official designation. Otherwise, after
Council has been notified of the chosen name, and barring serious concerns expressed after such
notification, the name shall become official.
Naturals areas obtained through the development review process will be named in the
development process.
Criteria
Priority 1 (required)_ The highest priority is that donated land be named after the donor (at the
• donor's option) and that acquisitions adjacent to existing natural areas bear the name of the
existing natural areas.
Priority 2 (highly desirable): The second priority is that names reflect unique ecological
features, that they include the type of natural area (e.g. prairie); that they not create confusion
with facilities (e.g., parks) in other parts of the city; and that they acknowledge important
historical use of a site.
Priority 3 (less desirable except in certain circumstances): The lowest priority is that natural
areas be named after people in the community or after subdivisions. The appropriateness of
such names will be decided on a case-by-case basis.
Platting
After a natural area name becomes official, it will be platted.
Documentation
Any brochure about a specific natural area will provide background about the name.
NAMING OF NATURAL AREAS
I. Process
A. Timeliness
To accurately identify natural areas in public discussions, on maps, in brochures, and in other
forms of communication; official names should be assigned to natural areas as soon as possible.
For unnamed natural areas in City ownership or under contract as of January 1, 1995, the
naming process will begin when this "Naming of Natural Areas" policy is administratively
adopted by the Natural Resources Director. Subsequently, the process will begin when each
natural area goes under contract.
This "Naming of Natural Areas" administrative policy becomes a part of the "Natural Areas
Policy Plan" during the plan's first update after January 1995.
B. Public announcement
When the City signs a contract to purchase a natural area, the public will be invited, via press
release, to submit prospective names for that natural area, and the natural area will be put into
an appropriate management classification. The press release will acknowledge the fact that this
is an in-process acquisition and, while it is unlikely, it is possible that the acquisition will not
be finalized. The media, City Council, the Natural Resources Advisory Board, and the Parks
and Recreation Board will receive a copy of the press release. When acquisitions are made
jointly between Natural Resources and Stormwater, the Storm Drainage Board also will be
included in this notification process. As determined on a case-by-case basis, the press release
also may be sent to specific groups or individuals who have exhibited a particular interest in a
certain natural area.
Deadline for submission of names will be two weeks from the date of the press release.
The press release will refer to the natural area by description, rather than by any informal name
(e.g. the seller's name).
C. Administrative Review and Selection
Within two weeks after the closing date for submissions, the Natural Areas Team (a subset of
the City of Fort Collins Natural Resources Division) will select a name from the submissions,
or if no acceptable submissions have been made, will develop additional proposed names. When
the natural area being named is being acquired in conjunction with another City department, staff
from that department will be invited to participate in the selection of the name. The selected
name will be based on the criteria identified in section II of this administrative document.
1
Unless the selected name is the name of a person, the name will be provided to City Council for
. feedback before public announcement. Unless a serious problem is identified during this
feedback, the name shall become official.
D. Naming After Persons
If the selected name is the name of a person, the proposal will be taken to City Council for
official designation. The process of Council designation shall include advance review by the
Natural Resources Advisory Board, the Parks and Recreation Board, and when the natural area
is a joint acquisition between Natural Resources and Stormwater, the Storm Drainage Board.
E. Development Acquisitions
Natural areas obtained through the development review process will be named in the
development process.
F. Delays
In the unlikely event of a long delay in naming a natural area, the area will be assigned a
number by which it will be known until it is officially named. The purpose of this number is
to avoid the impression that staff has already decided on a name and to avoid an informal name
becoming recognized as an official name. The number will consist of (1) the year the property
goes under contract, (2) a two-letter resource area designation*, and (3) a consecutive number
representing the number of natural areas being named in that resource area that year, e.g. the
first natural area in the Cooper Slough resource area submitted for naming in 1995 (in the event
of a delay) would be #95CS01.
Preferably, natural areas will be named in a timely fashion, making this numbering seldom, if
ever, used.
* PR = Poudre River; FC = Fossil Creek; SC = Spring Creek; CS = Cooper Slough; BC =
Boxelder Creek; DC = Dry Creek; LK = Lake; PH = Foothills; IS = Isolated
G. Eligibility
Anyone (including Fort Collins residents, the Mayor, City Council Members, advisory board
members, City staff members, and anyone else not identified in this list) may submit proposed
names for natural areas. Names may be submitted anonymously or with the submitter's
identification.
H. Criteria
There are three priority levels. There is very little difference between priorities 1 and 2. They
are listed as separate criteria because priority 1 are absolutes--there is no foreseen circumstance
i 2
in which they would not be adhered to. For priority 2 criteria, while they are equally as
desirable as priority 1, there could conceivably be unusual circumstances in which it would be
so difficult to apply them that they would result in an inappropriate or less desirable name.
Because it is most desirable to focus on natural aspects, priority 3 criteria are the least desirable
and can be expected to be seldom used.
A. Priority 1 -- These are required criteria.
Donations: Any natural area involving significant charitable donations will automatically be
named after the donor or given any other name the donor selects. Such name will be submitted
to City Council for official designation and will not go through the public process. However,
the donor may instead stipulate that a name be selected through the public process.
Contiguous areas: Natural area acquisitions that are contiguous to existing natural areas will
not be given new names, but will be known by the name of the existing natural area. Name
selection for such contiguous acquisitions will not go through the public process.
B. Priority 2 — These are highly desirable criteria. They should apply unless there is a
compelling reason to override them.
Ecological Features: A natural area name should reflect its unique ecological features, such as
the wildlife or vegetation species found on the site, geological features, or physical identifying
features. If using a wildlife name, only wildlife that frequent a specific natural area should be
used. If using a plant name, the plant should be native and predominant to the site or should
be a species found on the site and classified as rare, threatened, or a species of concern. This
criterion may be overridden in deference to Priority 1 criteria, or when the use of ecological
features would create a cumbersome name.
Habitat Type: When feasible, the name should include the natural area's habitat type, e.g.
prairie, wetland, forest, upland, grassland, savanna, riparian area, shrubland, lake, pond,
corridor, marsh, hogback, creek, river, etc. This criterion may be overridden in deference to
Priority 1 criteria, when it is difficult to isolate a singular habitat type in an area encompassing
several types, when including the habitat type would create an awkward name, or in other rare
circumstances when the Natural Areas Team agrees that it is not feasible to include the habitat
type.
Confusion Avoidance: Attempts should be made to avoid names that create confusion with
streets, subdivisions, parks, etc. in other parts of the city. This criterion may be overridden in
deference to Priority 1 criteria, when there is only one appropriate name for a specific natural
area, or when some other extreme circumstance makes it more appropriate to violate this
criterion than to adhere to it. This criterion has several purposes:
a. Safety — emergency response personnel should not be faced with a natural area name
3
that is easily confused with locations in other parts of the city;
b. Ease of access by residents — e.g., if a natural area on the northwest side of the city
was named Park Woods Natural Area, a person might mistakenly look for it near the Parkwood
subdivision in the southeast part of the city;
c. Assumption of ownership -- the name should avoid creating an impression of limited
access. Natural areas belong to all Fort Collins residents; a name should not create an
expectation of priority use by residents of any specific neighborhood.
History: Where appropriate, names may be based on historical use of a site, e.g. stage coach
use, settlements of native people, etc. This criterion is the least important of the Priority 2
criteria and should only be used when the historical use is significant.
C. Priority 3 -- Less desirable, but acceptable in certain circumstances
Persons Other Than Donors: In some situations (to be determined on a case-by-case basis), it
may be appropriate to name a natural area after a person other than a donor. This may include
persons of considerable influence whom the community wishes to honor, persons who have been
highly influential in the acquisition of specific natural areas, or persons who have significantly
strengthened the field of natural area protection. Such names will be submitted during the public
process. If the Natural Areas Team chooses such name, the recommendation will go before City
Council for official designation.
Subdivision names: While not generally desirable, in certain situations (to be determined on a
case-by-case basis) it may be appropriate to name a natural area after a subdivision.
III. Platting
After a natural area name becomes official, it will be platted.
IV. Documentation
The name selection process for each natural area will be documented, and any brochure about
a specific natural area will include a brief explanation of the natural area's name.
This policy is administrtively adopted on February 13, 1995.
. 4