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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/04/2010 - FIRST READING OF ORDINANCE NO. 053, 2010, AUTHORIZ DATE: May 4, 2010 AGENDA ITEM SUMMARY STAFF: Daylan Figgs _ T COLLINS CITY COUNCIL John Stokes First Reading of Ordinance No. 053, 2010, Authorizing the Use of a Portion of Bernard Ranch as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. EXECUTIVE SUMMARY The City has received a Neotropical Migratory Bird Conservation Act Grant,administered by the U.S. Fish and Wildlife Service. The City will use a 660 acre purchase of the Bernard Ranch as match towards the grant, as well as management funds currently obligated in the Natural Areas budget. Using the funds already spent as match towards this grant is a great secondary benefit for the City. The$240,026 grant will fund Rocky Mountain Bird Observatory's (RMBO)critical research and monitoring work to inform conservation strategies and management for 30 high priority grassland birds within the Laramie Foothills Mountains to Plains Project, the Shortgrass Prairie Bird Conservation Region and in the Chihuahuan Desert of Mexico. This will be the fourth such match authorized,as the City, in partnership with RMBO. The previous partnership efforts have resulted in a broader understanding of the grasslands bird species that nest on Soapstone Prairie and Meadow Springs and has contributed to the conservation of these species'winter range in Mexico. BACKGROUND / DISCUSSION The Rocky Mountain Bird Observatory (RMBO), in partnership with the Natural Areas Program and the Universidad Autonoma de Nuevo Leon, submitted a Neotropical Migratory Bird Conservation Act Grant to evaluate conservation efforts conducted within breeding and nonbreeding ranges of high priority grassland bird species. Neotropical birds are a group of birds that breed and raise young in the United States and Canada and migrate to the warmer climates to winter in Mexico, Central America, South America and the Caribbean. This category of bird species includes high priority grassland birds found on Soapstone Prairie Natural Area, Round Butte Ranch, Bernard Ranch, Meadow Springs Ranch, and other properties in the Laramie Foothills Mountains to Plains (LFMTP) project area. The importance of the LFMTP to 22 high priority grassland birds has been documented through work performed by RMBO and the Natural Areas Program and is reflected in the adopted Soapstone Prairie Natural Area Management Plan. However, the LFMTP lies only within the breeding range of these species and has no influence on the conservation of these important species and their habitat within their wintering grounds. The Laramie Foothills, along with Soapstone Prairie Natural Area and Meadow Springs Ranch, were selected to represent the breeding range study site based on baseline survey work conducted in 2006 through 2009. The non- breeding range study site is found within some of the most extensive high quality Grassland Priority Conservation Areas (GPCA) in northern Mexico. The same 22 high priority grassland bird species found within Soapstone and Meadow Springs are also known to utilize the northern Mexico GPCAs during the non-breeding season. Recent trend analyses from the North American Breeding Bird Survey (BBS) show,that, as a group, grassland-associated bird species have declined more dramatically, more consistently, and over a more geographically widespread area than any other group of birds over the last 40 years. However, what is unknown is if the decline is more strongly linked to breeding or nonbreeding seasons. Information gathered from this effort will help to answer this question. A third component of the study will implement a field training program for 10-15 Mexican biologists from universities, conservation organizations, and government agencies. Further, research results will be used to develop outreach materials for grassland managers that will be disseminated during landowner workshops in the Mexican GPCAs in cooperation with the U.S. Forest Service, Pronatura Noreste and other Mexican partners. The Natural Areas Program match for this $240,026 grant will come from the Program's purchase of a 660 acre portion of the Bernard Ranch and from funds used to manage Soapstone Prairie Natural Area. The City funds used to purchase the Bernard Ranch are not federal in origin and have not been used to match other Federal grant funding sources. Of the grant dollars received, approximately $145,000 will be spent locally on RMBO staff salaries and overhead. The remainder of the funds will be used to support the project in Mexico. RMBO will administer the grant. May 4, 2010 -2- ITEM 14 In order for this land purchase to be considered as match for the USFWS grant, the City will be required to record a "Notice of Grant Requirements"thatwill require the City to be bound by the terms of the grant agreement for the grant, to ensure the long term conservation of the property, and to obtain the consent of the USFWS prior to transfer or encumbrance of the property. The City will also enter into an agreement with RMBO obligating RMBO to comply with the terms of the grant agreement. FINANCIAL IMPACT The City will use a 660 acre purchase of the Bernard Ranch and funds already obligated for the management of Soapstone Prairie Natural Area as match toward the grant. This will not obligate any additional funds but will provide a secondary benefit to the funds already spent to acquire this portion of the Bernard Ranch, and already obligated for management of Soapstone Prairie. The Bernard Ranch is managed as part of Soapstone Prairie and is already conserved by the Natural Areas Program. The Rocky Mountain Bird Observatory will receive $240,026 from USFWS to fund conservation work within the Laramie Foothills Mountains to Plains project area, the Shortgrass Prairie Bird Conservation Region and in the Chihuahuan Desert of Mexico. Approximately$145,000 of the grant dollars received will be spent locally on RMBO staff salaries and overhead. The remainder of the funds will be used to support the project in Mexico. RMBO will administer the grant. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The Soapstone Prairie Natural Area Management Plan(adopted in 2007) identifies ecological and cultural values of highest priority and sets in place management objectives for the property. Activities identified in the 2010-2011 BFO budget cycle focus on evaluating the impacts of recreation on the natural and cultural resources of the site and, through the use of carrying capacity indicators identified in the Management Plan, adapt management approaches as needed. Grant dollars will be used to supplement funds identified for this budgeted activity and help to stretch the Natural Areas budget even further. Monitoring will occur in both public use areas and control sites to help determine the effects of current management practices on grassland bird distribution and nest success and be used to help guide decisions concerning the potential future development of trails, energy resources, and other management concerns. This information will inform management decisions and the sustainable stewardship of Soapstone Prairie. The Natural Areas Program has built a successful partnership with RMBO to fund conservation work of this type in the Laramie Foothills since 2005. RMBO is a local conservation organization dedicated to the conservation of birds. Of the grant dollars received, approximately $145,000 will be spent in Fort Collins on RMBO staff salaries and overhead. The remainder of the funds will be used to support the project in Mexico. STAFF RECOMMENDATION . Staff recommends adoption of the Ordinance on First Reading. BOARD/COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board considered the grant project at its April 14, 2010 meeting and unanimously recommended that Council approve the Ordinance to authorize the use of a portion of the Bernard Ranch as match for the Neotropical Migratory Bird Conservation Act Grant. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, April 14, 2010 ATTACHMENT 1 Land Conservation & Stewardship Board Wednesday, April 14, 2010 DRAFT Excerpt- Neotropical Grant • Figgs: This is the fourth Neotropical Migratory Grant match authorized by City Council. The Rocky Mountain Bird Obse rvatory (RMBO), in partnership with the Natural Areas Program and the Universidad Autonoma de Nuevo Leon, Mexico, submitted a Neotropical Migratory Bird Conservation Act Grant to evaluate conservation efforts conducted within breeding and no breeding ranges of high priority grassland bird species. The RMBO will receive $240,026 from U.S. Fish and Wildlife Service (USFWS) to fund critical research and monitoring work to inform conservation strategies and management for 30 high priority grassland birds within the Laramie Foothills Mountains to Plains project area, the Shortgrass Prairie Bird Conservation Region and in the Chihuahuan Desert of Mexico. The underlying question is trying to understand why grassland birds are continuing their decline in their population, and trying to understand if this is happening in their breeding or within the winter grounds. This project will allow us to continue doing surveys on both Soapstone Prairie Natural Area and Meadow Springs Ranch. Part of the purchase of the Bernard. Ranch is matched with the grant, and we were able to go back in time and use some of the property we bought in 2008 and have not used as a match. ' The reason we need Board action is that we are required to put in a notice of grant agreement with the properties that basically says that we will work with RMBO; they are holders of the grant. Knowlton moved that the Land Conservation& Stewardship Board recommends that City Council approve authorizing the use of funds spent to purchase the Bernard Ranch and funds already budgeted for the management of Soapstone Prairie as match for a Neotropical Migratory Bird Conservation Act Grant administered by the U.S. Fish and Wildlife Service (USFWS). Grooms second. It was unanimously approved. ORDINANCE NO. 053, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE USE OF A PORTION OF BERNARD RANCH AS MATCH FOR A NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT GRANT ADMINISTERED BY THE U.S. FISH AND WILDLIFE SERVICE WHEREAS,in March 2008,the City Council adopted Ordinance No.037,2008,authorizing the use of the City's Zimmerman Conservation Easement as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the U.S. Fish and Wildlife Service ("FWS"); and WHEREAS, in late March 2009, the City completed the purchase-of the last phase of a property referred to as Bernard Ranch, which is to the south of Soapstone Prairie Natural Area ("Soapstone"); and WHEREAS, in April 2009,the City Council adopted Ordinance No. 032,2009,authorizing the use of a 440-acre portion of Bernard Ranch as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the FWS; and WHEREAS,the City has worked cooperatively with the Rocky Mountain Bird Observatory ("RMBO") to carry out the terms of the 2008 and 2009 grant projects involving the study of neotropical birds, a category of bird species that includes high priority grassland birds found on the Soapstone; and WHEREAS, a different 660-acre portion of Bernard Ranch, as shown on Exhibit A which is attached hereto and incorporated herein by this reference (the"Property"),has been identified as an appropriate area to be conserved as habitat for neotropical birds in the region; and WHEREAS, RMBO, together with other grant partners is continuing to study neotropical birds,and has applied for an additional grant of$240,026 from FWS,which RMBO hopes to use to continue its neotropical bird study as part of the Laramie Foothills Mountain to Plains Project,which includes Soapstone and other geographical areas that the birds inhabit; and WHEREAS, the FWS grant terms will require RMBO to match the grant funds awarded; and WHEREAS, the funds already expended by the City to purchase the Property may be used to match the grant funds awarded by FWS to RMBO; and WHEREAS,in order to commit the Property as the matching contribution for the FWS grant, FWS will require that the City record a Notice of Grant Requirements in the real property records of the Larimer County Clerk and Recorder for the Property; and WHEREAS, the Notice of Grant Requirements requires the City to be bound by the terms of the grant agreement between FWS and RMBO, including the obligation to ensure the long term conservation of the Property and to obtain the consent of the FWS prior to conveying or encumbering the Property; and WHEREAS,the City will enter into an agreement with RMBO requiring RMBO to comply with the terms of the grant agreement between FWS and RMBO; and WHEREAS,the data acquired from the study will allow City staff to more effectively form conservation strategies and manage high priority grassland birds that are found at Soapstone; and WHEREAS, under Section 23-111 of the Code of the City of Fort Collins,the City Council is authorized to sell or otherwise dispose of any and all interests in real property owned in the name of the City, provided that Council first finds by ordinance that the sale or 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 executing and recording the Notice of Grant Requirements as described herein is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute a Notice of Grant Requirements consistent with the terms of this Ordinance. Introduced,considered favorably on first reading,and ordered published this 4th day of May, A.D. 2010, and to be presented for final passage on the 18th day of May, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of May, A.D. 2010. Mayor ATTEST: City Clerk Exhibit A : Page 1 of 1 Parcels used as match for 2010 Neotropical Migratory Bird grant Soapstone Prairie Natural Area jC. 2006 2007 �. a 2009 .� c� cQ cc Q) m 00 Red Mountain Open Space �o 2009 i r . Legend 1 - 243000 Q Bernard Ranch boundary 0 0 . 1 0 . 2 0 . 3 0 .4 0 . 5 ® Parcels used as match for Neotropical grant ( purchase dates noted on map) Miles Other parcels included in Bernard Ranch City of Surrounding Natural Areas properties / \ Fort Collins — Larimer County Open Lands N AreaeProgramAreasProgram!