HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - RESOLUTION 2005-136 EXPRESSING THE INTENT OF THE C ITEM NUMBER: 37
AGENDA ITEM SUMMARY DATE: December20, 2005
FORT COLLINS CITY COUNCIL STAFF: John Stokes
SUBJECT
Resolution 2005-136 Expressing the Intent of the City Council With Respect to Council
Involvement in Acquisitions for the Natural Areas Program.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
At its November 29 meeting, City Council directed staff to bring forward a Resolution that
would articulate its role in land and water acquisitions undertaken for the Natural Areas Program
and with Open Space, Yes! and Help Preserve Open Space funds. hi response, staff developed
the following suggested approach:
• Staff will inform and consult with the City Council either in a public
meeting or in an executive session, regarding any land or water acquisition
in excess of$2,000,000 proposed to be executed by the Natural Resources
Department for the purposes of natural areas and open space conservation;
• Staff will utilize the Council adopted Land Conservation and Stewardship
Plan for direction in acquiring interests in land and water;
• City Council acknowledges time can be of the essence in real property
transactions, and it will act in a timely fashion to provide appropriate
guidance to City staff;
• Staff will provide to City Council detailed land and water acquisition
reports to the City Council on a semi-annual basis;
• Staff will provide to City Council quarterly financial reports regarding
Open Space, Yes! and Help Preserve Open Space funds;
• Staff will provide to City Council annual summary reports regarding the
use of revenues from Open Space, Yes! and Help Preserve Open Space.
December 20, 2005 -2- Item No. 37
BACKGROUND
The City Code requires that any disposition of real property be brought to the City Council for a
vote. Individual land and water acquisitions, however, are not required to be brought to City
Council once sufficient funds for the acquisition of those interests have been appropriated by the
Council. At its November 29th meeting, the Council expressed an interest in developing an
approach whereby certain land and water acquisition projects were brought to the Council for
review. The Resolution proposed by staff is intended to set a threshold for bringing projects to
City Council. Staff believes that many, if not most, of the land and water acquisition projects it
conducts would fall below this threshold because they would not meet the specified dollar
amount ($2,000,000) and they would not entail any significant policy considerations.
An example of a transaction that would require heightened review by City Council would be the
acquisition of Bobcat Ridge, the 2,600-acre property near Masonville that is being acquired over
time for$5.4 million.
As staff has indicated in the past, the ability for it to work confidentially with a landowner, while
also operating in a businesslike and timely manner, can be extremely important to the success of
any given transaction. The proposed Resolution seeks to balance a businesslike approach to
acquisitions while providing appropriate Council oversight.
RESOLUTION 2005-136
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING THE INTENT OF THE CITY COUNCIL
WITH RESPECT TO COUNCIL INVOLVEMENT IN
ACQUISITIONS FOR THE NATURAL AREAS PROGRAM
WHEREAS, the voters of Fort Collins and of Larimer County have elected to entrust
certain dedicated funding to the City of Fort Collins for the purpose of conserving and managing
local and regional natural areas, community separators, agricultural lands, and scenic vistas with
their adoption of ballot measures which established, respectively, the Open Space, Yes! and the
Help Preserve Open Space dedicated sales and use taxes (the "Ballot Measures"); and
WHEREAS, in July 2004, the City Council adopted a Land Conservation and
Stewardship Master Plan (the "Master Plan") to plan for and guide City staff s efforts related to
the acquisition and management of land, water and other property interests in connection with
the City's Natural Areas Program; and
WHEREAS, in the course of implementing the Master Plan, the City Council wishes to
be consulted and to have an opportunity to respond to proposed property acquisitions that are
significant in size or value or that raise significant policy questions; and
WHEREAS, this Resolution is intended to clarify the circumstances under which such
acquisitions should be reviewed by the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That City staff will utilize the City's Land Conservation and Stewardship
Plan for direction in acquiring interests in land and water with funds made available by the
Ballot Measures.
Section 2. That the City Manager is hereby directed to consult with the City Council
whenever a proposed land or water acquisitions for the Natural Areas Program is expected to:
(a) involve payment by the City of an amount in excess of Two Million
Dollars ($2,000,000.00);
(b) raise significant policy considerations related to the Natural Areas
Program, the Master Plan, or the use of Open Space, Yes! or Help
Preserve Open Space dedicated funds.
Section 3. That the City Council acknowledges that time is of the essence in many
real property transactions, and hereby expresses its commitment to work with the City Manager
to provide for such review and consultation on a timely basis.
Section 4. That it is the City Council's desire that the City Manager provide regular
status reports regarding the acquisition of land and water for the Natural Areas Program and use
of related funding, including the following:
(a) quarterly financial reports regarding the expenditure of Open Space, Yes!
and Help Preserve Open Space dedicated funds;
(b) semi-annual reports outlining land and water acquisitions for the Natural
Areas Program; and
(c) annual summary reports regarding the expenditure of Open Space, Yes! or
Help Preserve Open Space dedicated funds.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 20th day of December, A.D. 2005.
Mayor
ATTEST:
City Clerk