HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/18/2010 - SECOND READING OF ORDINANCE NO. 053, 2010, AUTHORI 11 B
DATE: May 18, 2010 AGENDA ITEM SUMMARY
STAFF: Daylan Figgs _
T COLLINS CITY COUNCIL
John Stokes
Second 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
This Ordinance, unanimously adopted on First Reading on May 4, 2010, authorizes the City to use a 660 acre
purchase of the Bernard Ranch as match toward a Neotropical Migratory Bird Conservation Act 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- May 4, 2010
(w/o attachments)
ATTACHMENT 1
DATE: May 4, 2010
STAFF: Daylan Figgs -
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 i`he�Natural Areas' budget. Usingjthe funds already spent as match towards
this grant is a great secondary benefit for-tKe City�TMe 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 / DISC USSIONx---�, n n
The Rocky Mountain Bird Observatory(RMBO)(in partnership-with'the Natural Areas Program and the Universidad
Autonoma de Nuevo Leon, submitted�Neotropic`Migr tory]Bird Conse�ation 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 Soap t nos a Prairie Ne aturalrA a and Meadow Springs Ranch, were selected to
represent the breeding range study s to based on baseline s�urveywork conducted in 2006 through 2009. The non-
breeding range study site is found within so5ne`of the most extensive highrquality Grassland Priority Conservation
Thesam Areas (GPCA) in northern Mexico. e 22�high�pnonI 'y grasslandLbird 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 Serviccee,--PProonatuura-NoresteL
and-othhelo
Mexican partners.
�/ v /�� �1The Natural Areas Program match for this $240,026 grantilcomen Program's purchase of a 660 acre
portion of the Bernard Ranch and from funds-used to i nage Soapstone Plrairie Natural Area. The City funds used
to purchase the Bernard Ranch are not federal in orngin.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"that will 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 t grant. This-will\not
�bligate any additional funds but will provide
a secondary benefit to the funds already sperit,toacquire�this portion of th`e 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. \\ // u
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 Mana""gement flan(adoptediio 2007) identifies ecological and cultural values of
highest priority and sets in place management objectives for�the property Mtivities identified in the 2010-2011 BFO
budget cycle focus on evaluating the,impacts of recreation on_ttieynatural�and cultural resources of the site and,
through the use of carrying capacity indi`cato—s 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, approxi tam tam e`y$14'5;000\will be-spentvn ForttCollins on RMBO staff salaries and
overhead. The remainder of the funds will be used to support
the project%in Mexico.
STAFF RECOMMENDATION L1 LJ
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 ofthe Bernard Ranch
as match for the Neotropical Migratory Bird Conservation Act Grant.
P. V
ATTACHMENTS rn),
1. Land Conservation and StewardshipBoard-Minutes, April 14, 2010
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 ublished this 4th day of May,
A.D. 2010, and to be presented for final passage on the 18th da f ay, A.D. 2010.
i
Mayor
ITTEST:
L�A 4 -��L�-� k
City Clerk
Passed and adopted on final reading on the 18th day of May, A.D. 2010.
Mayor
ATTEST:
City Clerk