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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/03/2006 - FIRST READING OF ORDINANCE NO. 159, 2006, AUTHORIZ ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Wally Cameron SUBJECT First Reading of Ordinance No. 159,2006,Authorizing the Acceptance of a Donation of Real Estate from Everline LLC, and Appropriating Unanticipated Revenue to the Natural Areas Fund. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. At its September 13,2006 meeting, the Land Conservation and Stewardship Board voted unanimously to recommended approval of the donation. FINANCIAL IMPACT The donation value of the property, subject to the conservation easement which precludes all development, has been determined by independent appraisal in the amount of$202,000. Staff has reviewed the appraisal and approves the value conclusion. There will be no negative financial impact of the donation to the City or the Natural Areas Program. There will be ongoing maintenance, enforcement, and restoration costs associated with ownership of this currently managed Natural Area, which is currently in the Natural Areas Program budget. EXECUTIVE SUMMARY The property to be donated is a 72.195 acre parcel known as Tract B,Fossil Lake PUD,First Filing, Fort Collins, Colorado. The current owner and donor is Everline, LLC, a subsidiary of the Everitt Companies. The owner of this tract purchased and developed approximately 200 acres of land along the north shore of Fossil Creek Reservoir. The subject parcel, Tract B, abuts the Fossil Creek Reservoir shoreline and is subject to a conservation easement granted to Larimer County by the Everline LLC in 1999. BACKGROUND The section of the Fossil Creek Reservoir shoreline located on the donated property contains large cottonwood trees that provide valuable habitat for sensitive wildlife species, including great blue herons, bald eagles, and red-tailed hawks, and the entire property acts as a buffer to protect habitat for over 90 wetland and water-associated bird species documented to use Fossil Creek Reservoir. October 3, 2006 -2- Item No. 24 City ownership of the property will provide Natural Areas staff with access to a currently inaccessible section of the north shore of the Reservoir and provide the ability to patrol the site and enforce trespass violations. Staff will also have the ability to restore the site to provide even higher wildlife values. Staff strongly recommends approval of the donation. The increased ability for the Natural Areas Program to protect and enhance this sensitive wildlife habitat will be worth additional costs which may be associated with increased restoration and management efforts. ATTACHMENTS 1. Location Map 2. Subdivision Plat and Photograph 3. Excerpt from minutes of Land Conservation and Stewardship Board ATTACHMENT I • EVERITT DONATION LOCATION MAP y IIIR CAT OR LE O>•pER DA cot lcru0.- {e. e 8 r UUMTY.ROAD]6 K I q_ ROE _. 1 1 ri�� CC NTY ROAD 34L v �O A + le b_ N � • \ - EcOUMrYRatan j • ATTACHMENT 2 Everitt Donation cd I T � f. d } � x O R O a+ � In up r � � a �a3i a • B y ' O a 0 y � L � �w I. <�. I• d; � !.�f�i l� I WHO i'a^cslg I . ill a .i� .II � =.if Ala. >S>, ^L II r a� lil��JfV I 1::1 IEdi.m 1 I'a,: EXCERPT FROM: Attachment 3 MINUTES MINUTES CITY OF FORT COLLINS LAND CONSERVATION & STEWARDSHIP BOARD Regular Meeting 200 W. Mountain, Suite A September 13, 2006 For Reference: Bill Bertschy - 491-7377 Mayor Doug Hutchinson - 416-2154 John Stokes, Staff Liaison - 221-6263 Board Members Present Bill Bertschy, Michelle Brown, Greg Eckert, Michelle Grooms, Greg Snyder, Linda Stanley, Karyl Ting Board Members Absent Paul Hudnut, Vicky McLane, John Stokes Council Liaison Mayor, Doug Hutchinson Staff Present Natural Resources Dept: Daylan Figgs, Geri Kidawski, Mark Sears, Sue Kenney Donation of 72.195 acres,known as Tract B,Fossil Lake PUD,First Filing,Fort Collins, Colorado,subject to an existing conservation easement for the benefit of the Natural Area Program Sears: We've been working on this land donation for about two years. The property to be donated is a 72.195-acre parcel known as Tract B,Fossil Lake PUD, First Filing, Fort Collins, Colorado. The current owner and donor will be Everline,LLC, a subsidiary of the Everitt Companies. The owner of this tract purchased and developed approximately 200 acres of land along the north shore of Fossil Lake. The subject parcel,Tract B, abuts the Fossil Creek Reservoir shoreline and is subject to a conservation easement granted to Larimer County by the Everline LLC in 1999. The Fossil Creek Reservoir property is currently being leased and managed by the City of Fort Collins Natural Areas Program. We felt that if we owned this parcel it would give us a tighter control over and enforcement of trespassing, and we could restore the vegetation. Brown: When an individual or company donates land to the City what do they get in return. Sears: They will get donation value,which they can write off on their taxes. Michele Grooms made the following motion: Move that the Board recommend to Council that they approve an ordinance, which accepts the donation. Linda Stanley second. It was unanimously approved. ORDINANCE NO. 159, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACCEPTANCE OF A DONATION OF REAL PROPERTY FROM EVERLINE, LLC, AND APPROPRIATING UNANTICIPATED REVENUE TO THE NATURAL AREAS FUND WHEREAS, the City of Fort Collins (the "City") has approved and adopted the Land Conservation and Stewardship Master Plan, which states that the mission of the Natural Areas Program is to protect and enhance lands with existing or potential natural areas values, lands that serve as community separators, agricultural lands, and lands with scenic values, with protection of natural habitats and features as the highest priority; and WHEREAS, the Fossil Creek Reservoir Area Plan, jointly adopted by both Larimer County and the City of Fort Collins in March 1998, set a goal of maintaining a large resource management area surrounding Fossil Creek Reservoir in which sensitive wildlife habitats would be protected, its scenic qualities would be maintained, and to provide opportunities for appropriate human use, such as hiking, picnicking, nature observation, environmental learning and other recreation uses; and WHEREAS, Tract B of Fossil Lake PUD, First Filing, Larimer County, Colorado (the "Property") is located within the Fossil Creek Reservoir Management Area and abuts the Fossil Creek Reservoir shoreline managed by the City's Natural Area Program; and WHEREAS, the Property provides valuable habitat for sensitive wildlife species, including great blue herons, bald eagles, and red-tailed hawks, and is an important segment of the buffer to protect habitat for over 90 wetland and water-associated bird species documented to use Fossil Creek Reservoir; and WHEREAS, fee ownership of the Property by the City will provide Natural Areas staff access to the north shore of Fossil Creek Reservoir, will allow staff to patrol and enforce trespassing violations, and will provide the opportunity to restore the Property to provide higher wildlife values; and WHEREAS, the value of the Property, subject to an existing conversation easement encumbering the Property for the benefit of Larimer County, has been appraised by an independent, licensed and qualified appraiser to be $202,000, and such value has been accepted by City Real Estate Services staff as reasonable; and WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year does not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the donated land as described herein, will not cause the total amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, it is the desire of the Council to authorize the acceptance of the donation of the Property from Everline, LLC, and to appropriate $202,000 of unanticipated revenue in the form of a donation of land in the Natural Areas Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves and authorizes the acceptance by the Mayor of a deed of conveyance of the Property for Natural Area purposes. Section 2. That there is hereby appropriated from unanticipated revenue in the form of a donation of land to the Natural Areas Fund the sum of TWO HUNDRED AND TWO THOUSAND DOLLARS ($202,000). Introduced, considered favorably on first reading, and ordered published this 3rd day of October, A.D. 2006, and to be presented for final passage on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk