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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/20/2005 - SECOND READING OF ORDINANCE NO. 160, 2005, AUTHORI ITEM NUMBER: 19 AGENDA ITEM SUMMARY DATE: December20, 2005 FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs Mark Sears SUBJECT Second Reading of Ordinance No. 160, 2005, Authorizing the Lease of Portions of Soapstone Prairie Natural Area to Folsom Grazing Association. RECOMMENDATION Staff and the Natural Resources Advisory Board recommend the adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 160, 2005, which authorizes a grazing lease on approximately 16,450 acres (12,588 Soapstone, 3,862 Colorado Lease Lands) located within the Soapstone Prairie Natural Area to the Folsom Grazing Association beginning on January 1, 2006 and ending December 31, 2008, was unanimously adopted on First Reading on November 29, 2005. The lease was awarded through a competitive request for proposal process. The duration of this lease corresponds to the opening of Soapstone Prairie to the public in 2009. The interim lease was designed to continue grazing as a habitat management tool while other portions of the Soapstone Management Plan were developed. This ensures that any future grazing plans will be developed to minimize conflicts with recreation use and other management objectives of the Natural Area. ITEM NUMBER: 7 AGENDA ITEM SUMMARY DATE: November 29, 2005 FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs Mark Sears SUBJECT "di First Reading of Ordinance 160, 2005 Authorizing the Lease of Portions of Soapstone Prairie Natural Area to Folsom Grazing Association. RECOMMENDATION Staff and the Natural Resources Advisory Board recommend the adoption of the Ordinance on First Reading. FINANCIAL IMPACT Folsom will pay an annual rate $38,448 ($10.68/AUM) or $115,344 over the life of the lease. Additionally Folsom agrees o .4 #,§an,1,Ann�al,h i 4sl§%,up to, $1,000 in labor for dalmation toadflax control and labor f ranc meri�p,,;;"A ranch manager employed by i t r1a vi if I e and w I be responsible for site security, Folsom will live on durati iof t?maintenance of fence and stocklanks"pa tio2isn rang I'iid monitoring programs, gathering information on weather patterns and participating in up to six public tours of the ranch annually. The City will credit Folsom up to $600 per month for services provided by the ranch manager. EXECUTIVE SUMMARY This Ordinance authorizes a grazing lease on approximately 16,450 acres (12,588 Soapstone, 3,862 Colorado Lease Lands) located within the Soapstone Prairie Natural Area to the Folsom Grazing Association beginning on January 1, 2006 and ending December 31, 2008. The lease was awarded through a competitive request for proposal process. The duration of this lease corresponds to the opening of Soapstone Prairie to the public in 2009. The interim lease was designed to continue grazing as a habitat management toot while other portions of the Soapstone Manpgc prit P14P ev ed, This ensures that any future U w creation grazing plans will b( rrri� I, ts I'tph' �i use and other management objectives of the Natural Area BACKGROUND In 2003, the City acquired 12,579 deeded acres in Colorado from the Soapstone Grazing Association as well as the ability to lease 3,873 acres of land owned by the State Land Board, for a total of 16,452 acres in Colorado. The Soapstone Grazing Association retained ownership of the 10,483 acres of the original Soapstone Ranch that are located in Wyoming. November 29, 2005 -2- Item No. 7 As part of the purchase agreement, Soapstone Prairie Natural Area is currently leased for grazing by the Folsom Grazing Association and the Soapstone Grazing Association (both associations are made up of former members of Soapstone Grazing Association). Folsom was selected for the grazing lease through an Re WesUE pr ropg,alsl rod issE{�August 2005. f�i� i iiE{ � I i t The term of this lease shall be� pr a pert"1 of o� ar,ico acing as of 12 noon on the 1 st day of January, 2006. The term of the h eas shal au bmaticall E renew each year for an additional year, continuing until 12 noon on the 31st day of December, 2008. However, either party may cancel this lease at any time upon 180 days advanced written notice. Also, the City reserves the right to perform management activities at any time during the year including the grazing season as well as the right to open Soapstone Prairie Natural Area to public use at any time during this lease. These provisions will allow Natural Areas staff to design and construct necessary public improvements during this grazing lease. The duration of this lease corresponds to the opening of Soapstone to the public in 2009. This interim lease was designed to continue grazing as a habitat management tool while other sections of the Soapstone Management Plan were developed. During this interim period, an overall management plan will be developed that integrates grazing and other habitat management activities with recreational use of the property such as hiking, bicycling, horseback riding, education, and wildlife viewing. The Natural Resources Advis Bo �NRA ) ns ere4, to& lease at its September 5, 2005 meeting, and voted unanimo4,, to rec men a {roval of e Ordinance. The minutes of the NRAB meeting are attached. {E n", p�, ORDINANCE NO. 160, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF PORTIONS OF SOAPSTONE PRAIRIE NATURAL AREA TO FOLSOM GRAZING ASSOCIATION WHEREAS, the City of Fort Collins, Colorado (the "City"), is the owner of approximately 12,579 acres of land known as Soapstone Prairie Natural Area (the "City Property"), and is the lessee of 3,873 acres of land owned by the State Land Board (the "Land Board Property") all in northern Latimer County, Colorado (together referred to herein as "Soapstone Prairie Natural Area" or the "Natural Area"); and WHEREAS, in order to continue grazing as a habitat management tool while the management plan for Soapstone Prairie Natural Area is being completed, staff has proposed to lease portions of the City Property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Lease Property") and sublease the Land Board Property described on Exhibit `B" attached hereto and incorporated herein by this reference (the "Sublease Property") to a local grazing association through 2008; and WHEREAS, after requesting and reviewing proposals for said lease arrangement, City staff has selected Folsom Grazing Association, the current lessee on portions of the proposed lease area, for the grazing lease; and WHEREAS, staff has negotiated with Folsom Grazing Association a lease for the period beginning in January 2006 and renewable annually through the end of 2008, by which the City will lease the City Property for grazing; and WHEREAS, a copy of the negotiated grazing lease agreement dated November 21, 2005 (the "Grazing Lease Agreement") is on file in the Office of the City Clerk and available for public review; WHEREAS, in order to sublease the Land Board Property to Folsom Grazing Association through 2008 a sublease form must be completed and approved by the State Land Board; and WHEREAS, pursuant to Section 23-114 of the Code of the City of Fort Collins, the Council is authorized to lease any and all interests in real property owned in the name of the City, provided that Council first finds that the lease 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 proposed lease of the Leased Property and sublease of the Sublease Property to Folsom Grazing Association is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute a lease agreement in substantially the form of the Grazing Lease Agreement, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and consistent with the terns of this Ordinance. Section 3. That the City Manager is hereby authorized to execute a sublease agreement to sublease the Sublease Property to Folsom Grazing Association, in a form acceptable to the State Land Board and consistent with the terms of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 29th day of November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D. 2005. Mayor A' TEST: ju)� .�L-'4A City Clerk Passed and adopted on final reading on the 20th day of December, A.D. 2005. Mayor ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION Township 11 North, Range 68 West of the 6th P.M. Section 5 : ALL Township 12 North, Range 68 West of the 6th P.M. Section 19: All in State of Colorado Section 20 : S 1/2 SW 1/4 and SW 1/4 SE 1/4 Section 21: All in State of Colorado Section 28 : NE 1/4 NW 1/4, W 1/2 NE 1/4 and N 1/2 SE 1/4 Section 29 : ALL Section 30: NW 1/4 Section 31 : ALL Section 33 : ALL Township 11 North, Range 69 West of the 6th P.M. Section 1 : ALL Section 4 : NE 1/4 Township 12 North, Range 69 West of the 6th P.M. Section 20: All in State of Colorado Section 21: All in State of Colorado Section 22 : All in State of Colorado Section 23 : All in State of Colorado Section 24: All in State of Colorado Section 25 : ALL Section 27 : ALL Section 28 : ALL Section 29 : ALL Section 32 : ALL Section 33 : ALL Section 34 : ALL Section 35 : ALL TOWNSHIP 11 NORTH-RANGE 68 WEST Section 4 Lot 1 78.22 acres S2NE 80.00 " Lot 2 78.18 " S2NW 80.00 " S2 320.00 " Section 6 Lot 1 78.80 " S2NE 80.00 " Lot 2 39.70 " Lot 3 75.90 " SENW 40.00 " NESW 40.00 " Lot 4 76.30 " SESW 40.00 " SE 160.00 " TOWNSHIP 12 NORTH- RANGE 68 WEST Section 20 Lots l -4 50.78 " S2N2 160.00 " N2S2 160.00 " SESE 40.00 " Section 28 E2NE 80.00 " NkVNW 40.00 " S2NW 80.00 " SW 160.00 " S2SE 80.00 " Section 30 NE 160.00 " S2 314.88 " Section 32 All 640.00 " TOWNSHIP 12 NORTH- RANGE 69 WEST Section 36 All 640.00 acres The Prenuses are leased only for the following purposes by Lessee: A. For grazing purposes 3,872.76 acres B. For Irrigated agricultural purposes 0.00 acres C. For dryland agricultural purposes 0.00 acres D. For other purposes 0:00 acres Total 3,872.76 acres