HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - SECOND READING OF ORDINANCE NO. 169, 2005, CREATIN ITEM NUMBER: 28
AGENDA ITEM SUMMARY DATE: December20, 2005
FORT COLLINS CITY COUNCIL STAFF: John Stokes
SUBJECT
Second Reading of Ordinance No. 169, 2005, Creating the Land Conservation and Stewardship
Board.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
In November 2002, voters passed a ballot measure known as Open Space, Yes! (OSY), a
continuation of the City's .25 cent sales tax for the acquisition and management of open space.
Open Space,Yes! begins collecting and distributing revenues to the City's Natural Areas Program
as of January 1, 2006.
Section 15 of OSY states that:"...the City Council shall designate a voluntary City Advisory Board,
either existing or new, to advise and make recommendations to the City Council regarding the
expenditure of the moneys for the purposes stated herein."
Ordinance No. 169, 2005,was unanimously adopted on First Reading on November 29, 2005.
ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: November29, 2005
FORT COLLINS CITY COUNCIL STAFF: John Stokes
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SUBJECT
First Reading of Ordinance No. 169, 2005, Creating the Land Conservation and Stewardship
Board.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Assuming that the Board has nine members and meets approximately once a month, the direct
financial impact is expected to be approximately$2,500 a year-primarily for meals. This estimate
does not include staff time or incidental cpgts. 11 e en esll ill bpeovered by the City's dedicated
Natural Areas sales tax revenus.
EXECUTIVE SUMMARY
In November 2002, voters passed a ballot measure known as Open Space, Yes! (OSY), a
continuation of the City's .25 cent sales tax for the acquisition and management of open space.
Open Space, Yes! begins collecting and distributing revenues to the City's Natural Areas Program
as of January 1, 2006.
Section 15 of OSY states that: "...the City Council shall designate a voluntary City Advisory Board,
either existing or new, to advise and make recommendations to the City Council regarding the
expenditure of the moneys for the purposes stated herein."
At the Council's August 9,2005 work session,Council indicated to staff that it wished to create and
appoint a Board with certain functions as well as describe an array of desired skill sets that
prospective Board members coulflka g to thi Boas„««,
The following functions are de nbed infthe or 'fiance creatiri the Board:
II ii3
1. To advise City Council regarding policy and budgetary matters pertaining to the
Natural Areas Program, including but not limited to the expenditure of Open
Space, Yes! and Larimer County Help Preserve Open Space dedicated sales tax
revenues.
2. To advise Natural Areas Program staff and the City Council in connection with
the proposed acquisition or disposition of land, interests in land, interests in
water, and other interests in real property for the Natural Areas Program.
November 29, 2005 -2. Item No. 25
3. To advise Natural Areas Program staff regarding the development of
management plans and public improvements for Natural Areas Program
properties.
4. Upon requesji Oofi the City Manager-off at(i;the direction of the City Council, to
advise City ounci i conn ti '" w fh th �oposed acquisition or disposition
of land, mtgsts m ld, in��s�in wate,�nd other interests in real property
for City programs other''than he,t atural Ar s Program.
The following skill sets are set forth in the proposed Code section for prospective board members;
they are not intended to be exhaustive or exclusive:
Experience or training in, or familiarity with, the following: land conservation and
stewardship, public or outdoor recreation (such as wildlife observation, hiking,
biking,horseback riding),conservation biology(including restoration ecology,range
management, fire ecology, riparian ecology, and wildlife management); nature
interpretation and education, land or resource management, and real property
transactions.
At its October 5th meeting,the Natural Resources Advisory Board unanimously recommended that
City Council adopt the proposed functions of the Land Conservation and Stewardship Board. (The
Board also requested a minortamrati al c( rif �tic� q IIlan(ppage in the functions; this was
addressed by staff.)
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ORDINANCE NO. 169, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CREATING THE LAND CONSERVATION AND STEWARDSHIP BOARD
WHEREAS, heretofore, the citizens of Fort Collins approved a quarter-cent sales and use
tax for natural areas and trails (the "Tax"), which expires on December 31, 2005; and
WHEREAS,at a special municipal election held on November 5,2002,the voters of the city
of Fort Collins approved Citizen-initiated Ordinance No. 1, 2002, which extended the Tax for a
period of twenty-five (25) years, expiring at midnight on December 31, 2030, for the purposes of
acquiring, operating, and maintaining open spaces, community separators, natural areas, wildlife
habitat, riparian areas,wetlands,and valued agricultural land, and to provide for the appropriate use
and enjoyment of these areas by the citizenry; and
WHEREAS,Citizen-initiated Ordinance No. 1,2002 requires the City Council to designate
a voluntary City advisory board,either existing or new,to advise and make recommendations to the
Council regarding the expenditure of moneys for the purposes stated in said Ordinance; and
WHEREAS, at its August 9, 2005 work session, the general consensus of the City Council
was that it wished to create and appoint a new board to advise the City Council on the issues
described in Ordinance No. 1, 2002, and to generally provide for certain desired areas of expertise
of particular interest in connection with appointments to that new board; and
WHEREAS, on October 5, 2005, staff presented to the Natural Resources Advisory Board
("NRAB") an outline of board functions and appointment considerations consistent with those
provided herein, and the NRAB unanimously recommended that the City Council establish a new
board as described; and
WHEREAS, one of the recommended functions of the new board would be to advise City
staff with regard to management plans and public improvements for properties owned and operated
by the City as part of its Natural Areas Program, which plans and improvements should allow for
appropriate public access and use of the areas, but only in a manner that is sensitive to, and
consistent with, the preservation of the areas and any restrictions or limitations that might be
imposed by the funding source used to acquire the areas.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a new Division 18 is hereby added to Chapter 2, Article III of the Code
of the City of Fort Collins to read as follows:
DIVISION 18. LAND CONSERVATION AND STEWARDSHIP BOARD
Sec. 2-270. Creation.
There shall be and is hereby created a Land Conservation and Stewardship Board,
hereafter referred to in this Division as the "board."
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Sec. 2-271. Membership; term.
(a) The board shall consist of nine(9)members appointed by the City Council.
(b) Each member shall serve without compensation for a term of four(4)years,
except that members maybe appointed by the City Council for a shorter term in order
to achieve overlapping tenure. Appointments shall specify the term of office of each
individual. All members shall be subject to removal by the City Council. If a
vacancy occurs on the board, it shall be filled by the City Council for the remaining
unexpired portion of the term. No member shall serve more than two(2)consecutive
terms. For the purposes of this section, a "term" shall include the balance of an
unexpired term served by a person appointed to fill a vacancy if such unexpired term
exceeds twenty-four(24) months.
(c) In connection with the solicitation, consideration and appointment of
members to the board, the City Council may consider and give preference to an
applicant's experience or training in, or familiarity with, land conservation and
stewardship, public or outdoor recreation (such as wildlife observation, hiking,
biking, or horseback riding), conservation biology (including restoration ecology,
range management, fire ecology,riparian ecology,and wildlife management);nature
interpretation and education, land or resource management, and real property
transactions.
Sec. 2-272. Functions.
The duties and functions of the board shall be as follows:
(1) To advise City Council regarding policy and budgetary matters pertaining
to the Natural Areas Program, including but not limited to the expenditure
Sr' , g
of Open Space, Yes! and Larimer County Help Preserve Open Space
dedicated sales tax revenues.
(2) To advise Natural Areas Program staff and the City Council in connection
with the proposed acquisition or disposition of land, interests in land,
interests in water, and other interests in real property for the Natural Areas
Program.
(3) To advise Natural Areas Program staff regarding the development of
management plans and public improvements for Natural Areas Program
properties.
(4) Upon request of the City Manager or at the direction of the City Council,
to advise City Council in connection with the proposed acquisition or
disposition of land, interests in land, interests in water, and other interests
in real property for city programs other than the Natural Areas Program.
Sec. 2-273. Officers; bylaws.
The board shall elect annually from its membership a chairperson and such
officers as maybe required.Bylaws maybe adopted by the board,which bylaws shall
not be inconsistent with the Charter, the Code or other policies that may be
established by the City Council. A copy of the bylaws shall be filed with the City
Clerk for the use of the City Council immediately after adoption by the board, and
the same may be subject to the approval of the City Council.
Sec. 2-274. Minutes; annual report; work plan.
The board shall take and file minutes in accordance with the requirements of§
2-73 of the Code. On or before January 31 of each year, the board shall file a report
with the City Clerk setting forth the activities of the board for the previous year. On
or before November 30 of each year, the board shall file a work plan with the City
Clerk for the following year.
Section 2. That existing Divisions 18 through 25 shall be renumbered as Divisions 19
through 26, respectively.
Introduced, considered favorably on first reading, and ordered published this 29th day of
November, A.D. 2005, and to be presented for final pass the 20th day of December, A.D.
2005.
Mayor ,
AT EST:
- 11A
City Clerk
Passed and adopted on final reading this 20th day of December, A.D. 2005.
Mayor
ATTEST:
City Clerk