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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/01/2009 - SECOND READING OF ORDINANCE NO. 127, 2009, AUTHORI DATE: December 1, 2009 AGENDA iTEM SUMMARY • STAFF: Mark Sears FORT COLLINSCOUNCIL Second Reading of Ordinance No. 127, 2009, Authorizing the Sublease to Larimer County of Portions of the Fossil Creek Reservoir Property Leased by the City from North Poudre Irrigation Company. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 17,2009, authorizes a new sublease between the City and County will allow the County the ability to continue enforcing County regulations on the south shore of the Fossil Creek Reservoir. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- November 17, 2009. (w/o original attachments) I ' i ATTACHMENT 1 DATE: November 17, 2009 STAFF: Mark Sears • - • • Items Relating to Fossil Creek Reservoir Area. A. Resolution 2009-102 Authorizing an Amended and Restated Intergovernmental Agreement with Larimer County Concerning the Fossil Creek Reservoir Area Property. B. First Reading of Ordinance No. 127, 2009, Authorizing the Sublease to Larimer County of Portions of the Fossil Creek Reservoir Propertyd by, the pity{from North Po dre Irrigation Company. EXECUTIVE SUMMARY LI This amended and restated Intergovernmental Agreement(IGA) summarizes the original IGA and the two previous amendments into a single document. It also changes the Agreement to allow the County the right to continue as a managing entity while also requiring the City to assume certain management and operation responsibilities. The new sublease between the City and County will allow the County the ability to continue enforcing County regulations on the south shore of the Fossil Creek Reservoir. BACKGROUND / DISCUSSIONS I3 { -AY1." .. In January 2001,the City and the County entered into an IGA related to the acquisition, ownership, improvement, and management of properties adjacent to the Fossil Creek Reservoir,now known as the Fossil Creek Reservoir Regional Open Space. The cost of acquiring the lands was to be shared 50/50, with ownership to be 50/50. The County was named as the managing entity and was responsible for all associated costs. Furthermore, it was agreed that, in the event these properties were annexed into the City, the City would become the managing entity. In April 2003, the IGA was amended to clarify some terms of the acquisitions, recognize the amended Management Plan dated December 2002,and to stipulate that the County and City share the costs of the recreation, landscape and habitat improvements on a 50150 basis. r , In March 2006,the IGA was amended for a second time�o acknowledge that the City was in the process of annexing the properties and to stipulate that the City would become e managing entity and would assume all responsibilities for the property as of January 1, 2010,�tolstipulate,that:all costs for recreation, landscape and habitat improvements would continue to be shared equally until the City became the managing entity after which time the City would be responsible for implementing any additional improvements;and,to stipulate that the City would be responsible for the design, construction and maintenance of a Regional Trail across the property. The IGA, as previously amended, anticipated that the City would take over all management responsibilities of the Fossil Creek Regional Open Space on January 1, 2010. However, Larimer County has requested that it be allowed to remain as the managing entity so that its Open Lands Rangers may continue to use the ranger office at the trail head parking lot. In return, the County has agreed to continue to maintain the ranger office and restrooms building, to patrol the property, to be responsible'f�or visitor management and enforcement, and to remove trash. On January 1,2010,the City will assume and carry out alliother, managemeuntand operation responsibilities for Fossil Creek Regional Open Space in a manner consistent with the Management�Plan, including but not limited to: ongoing vegetation restoration and resource ma`gementwo kk,weed management,ltrail maintenance,sign replacement,snow I habitat improvement plan implementation,prairie dog control,landscape maintenance,volunteer use efforts, and education/interpretation programs. November 17, 2009 -2- ITEM 14 The new sublease between the City and County will allow the County the ability to continue enforcing County regulations on the south shore of the Fossil Creek Reservoir. The City holds a lease with North Poudre Irrigation Company for the surface/recreation rights to the entire reservoir. Previously,the sublease required the County to pay the City $2,500 per year, plus a 4% inflation factor increase each successive year after the initial year. The new sublease drops this charge since the City will be responsible for all costs associated with Fossil Creek Regional Open Space, except for the costs Larimer County has agreed to in exchange for using the ranger office. FINANCIAL IMPACTS The amended IGA will lessen the financial;impact to—the—City of-assuming management of the Fossil Creek Reservoir Regional Open Space on January 1,2010. The Countyis agreeing)to maintain the ranger office building,to perform trash removal,to patrol the properties and to be rtesponsible for_v.isitor'management and enforcement in exchange for ti the continued use of the office building for iWOpen Lands/Rangers. These services will reduce staffing costs for the City by approximately$75,000 per year. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATIONS /7 The Land Conservation and Stewardship Board recommendsthat•City Council approve the Amended and Restated Intergovernmental Agreement Concerning,the Fossil Creek Reservoir Area Property and the Sublease. ATTACHMENTS 1. Map—Fossil Creek Reservoir Regional Open Space 2. Land Conservation and Stewardship Board Minutes 3. Amended and Restated intergovernmental Agreement concerning the Fossil Creek Reservoir Area Property 4. Sublease- Fossil Creek Reservoir % �)C p ORDINANCE NO. 127, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SUBLEASE TO LARMIER COUNTY OF PORTIONS OF THE FOSSIL CREEK RESERVOIR PROPERTY LEASED BY THE CITY FROM NORTH POUDRE IRRIGATION CUMPANY WHEREAS, pursuant to the terms of a Lease Agreement, dated-October 21, 2001, the City leases from North Poudre Irrigation Company the surface rights to Fossil Creek Reservoir, and certain adjacent property(collectively, the "Leased Property"); and WHEREAS, on January 16, 200t, the City Council adopted on second reading Ordinance No. 003, 2001, authorizing an intergovernmental agreement between the City and Latimer County related to thejoint acquisition and ownership of seven properties in the Fossil Creek Reservoir area along with certain other related action; and WHEREAS,in January 2001,the City and Latimer County entered into an intergovernmental agreement concerning the Fossil Creek Reservoir Area Properties(the"2001 IGA'.'),consistent with Ordinance No. 003, 2001; and WHEREAS, the 2001 IGA provided that certain of the properties acquired by the City and County would be managed by Larimer County as part of the Fossil Creek Reservoir Regional Open Space; and WHEREAS, in 2004, City staff determined that it would be to the mutual advantage of the City and the County for the City to sublease to the County substantial portions of the Leased Property, for day-to-day operation and management by the County, in a manner consistent with the City's lease obligations, as part of the Fossil Creek Reservoir Regional Open Space; and WHEREAS, on April 6, 2004, the City Council approved Ordinance No. 034, 2004, authorizing the City to sublease portions of the Leased Property to the County, and the City and County subsequently entered into a sublease agreement (the "2004 Sublease"); and WHEREAS, the City and County have negotiated an amended and restated IGA intended to replace the 2001 IGA, the approval of which the City Council is considering by separate resolution (the"2010 IGA"); and WHEREAS, in order to maintain consistency with the proposed 2010 IGA, the City and County have also negotiated a proposed new sublease(the"2010 Sublease") that would replace the 2004 Sublease; and WHEREAS, the main differences between the 2004 Sublease and the proposed 2010 Sublease are: (a)the 2010 Sublease would reduce the County's rights and obligations regarding the Leased Property to be consistent with the County's reduced responsibilities under the 2010 IGA,and (b)the 2010 Sublease would not require the County to pay rent for the sublease as it currently does; and WHEREAS, a draft of the 2010 Sublease, dated November 5, 2009, is on file in the office of the City Clerk and available for public inspection; and WHEREAS, the Board of North Poudre Irrigation Company (NPIC) reviewed the 2004 Sublease Agreement at its meeting of February 4, 2004, and authorized the sublease pursuant to its terms; and WHEREAS, City staff will obtain any necessary approval from NPIC before the 2010 Sublease is executed; and WHEREAS, City staff believes it is in the best interests of the City and County for the City to continue subleasing a portion of the Leased Property to the County so that the City and County can continue to cooperatively manage the Leased Property; and WHEREAS, pursuant to Section 23-111(a)of the City Code,the City Council is authorized to sell,convey or otherwise dispose of any and all interest in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other 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 Council hereby finds that the sublease of a portion of the Leased Property at Fossil Creek Reservoir to the County as provided herein is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute a sublease agreement in substantially the same form as is on file in the office of the City Clerk, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney,deems necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Ordinance, including any necessary changes to the legal description of the sublease area,as long as such changes do not materially increase the size or change the character of the sublease area. -2- Introduced, considered favorably on first reading, and ordered published this 17th day of November, A.D. 2009,and to be presented for final passage on t st ay of December, A.D. 2009. �d Mayor AT"I1::ST: City Clerk Passed and adopted on final reading on the Ist day of December, A.D. 2009. Mayor ATTEST: City Clerk -3-