HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2003 - RESOLUTION 2003-046 AUTHORIZING AN AMENDMENT TO TH AGENDA ITEM SUMMARY ITEM NUMBER: 20
FORT COLLINS CITY COUNCIL DATE: April 1, 2003
STAFF: Mark Sears
SUBJECT:
Resolution 2003-046 Authorizing an Amendment to the Intergovernmental Agreement with
Larimer County for Fossil Creek Reservoir Area Properties.
RECOMMENDATION:
Staff recommends adoption of the Resolution. The NRAB's review of this Amendment was
scheduled to take place after the publication of agenda materials, and the NRAB's
recommendations will be provided to the Council under separate cover.
FINANCIAL IMPACT:
There are two changes to the Intergovernmental Agreement (IGA) that would require additional
reimbursement from the City of Fort Collins to Latimer County. The first change increases the
City's share of the purchase cost for a specific parcel from $200,000 to $300,000. The second
change states that the City and County will share equally in the costs associated with improving
the properties. The costs of improving the Fossil Creek area properties will be subject to
availability of funds in future years. Appropriations for acquisitions are available in the 2003
Open Lands Fund budget, representing the City's share of proceeds from the County's help
Preserve Open Spaces Initiative. Reimbursement to the County for this property will likely
occur within a month.
EXECUTIVE SUMMARY:
This Resolution approves two modifications to the City's Intergovernmental Agreement with
Larimer County regarding joint purchase and ownership of properties in the Fossil Creek
Reservoir area. These modifications reflect the change in the acquisition price and cost sharing
on Parcel D and the sharing of costs of the development for public use of the several jointly
owned properties. The final purchase price on Parcel D was $520,000 rather than the $400,000
that was anticipated at the time of signing of the original IGA. The original IGA called for the
purchase price to be split 50/50; the amended IGA states that the City's share will be $300,000
and the County's share will be $220,000. The original IGA stated that the County would pay for
the development costs of the properties, the amendment states that the City and County will
jointly develop the site improvement plans according to the Fossil Creek Reservoir Resource
Management Plan and will equally share in the costs for developing site. The County will
continue to manage the properties and to pay all maintenance costs (see attached amendment and
map).
CKGROUND:
The City of Fort Collins has been working with Larimer County since 1994 to preserve
significant areas of open land between Fort Collins and Loveland and specifically to preserve the
DATE: ITEM NUMBER:
area around Fossil Creek Reservoir. The Fossil Creek Reservoir Area Plan completed in 1998
defined a resource management area surrounding the reservoir that is to be protected through a
combination of land purchases, implementation of a transferable development rights program
and other measures. The Fossil Creek Reservoir Resource Management Plan was completed in
October 2000 and amended in December 2002 (the "Management Plan"). The acquisition of
Parcel D completes the acquisitions addressed in the IGA between the City and Larimer County
for Fossil Creek Reservoir Area Properties.
Staff from both entities developed the IGA to address the purchase, ownership and management
of all seven of the parcels within the Fossil Creek Area Regional Open Space. The
intergovernmental agreement provides for cost sharing for acquisitions of the properties on a
roughly equal basis, and for the transfer of ownership between the entities such that both entities
will have a 50% undivided interest in all of the parcels. With respect to Parcel D, the City's
share of the acquisition costs will be 58%, or$300,000, of$520,000.
The original IGA stated that the County would pay for the development costs of the properties;
the proposed amendment would provide that the City and County jointly develop the site
improvement plans according to the Fossil Creek Reservoir Resource Management Plan and
share equally in the costs for developing properties.
As originally agreed, the County will manage the properties and pay all maintenance costs. The
City will be responsible for constructing and maintaining a paved regional trail along the north
side of County Road 32 (Carpenter Road).
RESOLUTION 2003-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY FOR THE FOSSIL CREEK RESERVOIR PROPERTIES
WHEREAS, on January 16, 2001, the City Council adopted on second reading Ordinance
No. 3, 2001, authorizing an Intergovernmental Agreement by and between the City and Larimer
County related to the joint acquisition and ownership of seven properties in the Fossil Creek
Reservoir area totaling 833 acres, for an estimated total purchase price of $7.7 million, and
authorizing the conveyances contemplated therein; and
WHEREAS, in January 2001, the City and Larimer County entered into that certain
Intergovernmental Agreement Concerning the Fossil Creek Reservoir Area -Properties (the
"IGA"), consistent with Ordinance No. 3, 2001; and
WHEREAS, since the completion of the IGA, six of the properties identified for
acquisition and shared ownership therein have been acquired and are now in the joint ownership
of the City and the County, with only "Tract D", a 10-acre property described therein, remaining
to be acquired; and
WHEREAS, the IGA provides that the City and the County will share equally in the
• acquisition of Tract D, for a purchase price of$400,000,or$200,000 each; and
WHEREAS, after extensive negotiations with the owner of Tract D, staff and the owner
have agreed upon a purchase price of$520,000, subject to Council approval; and
WHEREAS, the County has requested that the City agree to pay $300,000 towards the
acquisition of Tract D for the total purchase price of$520,000; and
WHEREAS, City staff recommends that the City pay the requested amount in order to
allow the acquisition of Tract D to proceed on a voluntary basis, and in order to complete the
acquisition of the last of the planned Fossil Creek Reservoir Area properties; and
WHEREAS, the funds required for the City's share of the purchase of Tract D are
appropriated and available in the Open Lands Fund for 2003; and
WHEREAS, although the IGA requires the County as the managing entity for the Fossil
Creek Reservoir Area properties to pay all costs of the improvements to those properties that are
identified in the Fossil Creek Reservoir Management Plan, dated October 2000, as amended in
December 2002, the County has requested that the City agree to share equally in the costs of
those improvements, in order to allow for the improvement of the properties for public use more
quickly; and
• WHEREAS, the IGA further provides that the improvement of the properties will be
planned, scheduled and designed in advance by mutual agreement of the parties; and
WHEREAS, City staff recommends that the City agree to share equally in the costs of the
improvement of the properties, in order to provide for earlier and fuller enjoyment of the
properties by the public; and
WHEREAS, in order to document the modifications to the IGA described herein, City
staff has negotiated with the County the proposed Amendment to Intergovernmental Agreement
Concerning the Fossil Creek Reservoir Area Properties attached hereto as Exhibit "A" and
incorporated herein by this reference(the "Amendment"); and
WHEREAS, the City is authorized to enter into intergovernmental agreements to provide
any function, service or facility, such as a grant agreement, as provided in Article 11, Section 16
of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and
WHEREAS, Ordinance No. 3, 2001, expressly provided that although the IGA was
initially approved by ordinance, future amendments to the IGA not otherwise provided for in that
Ordinance may be approved by the Council by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into the Amendment to the IGA.
Passed and adopted at a regular meeting of the City Council held this 1st day of April,
A.D. 2003.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
CONCERNING THE FOSSIL CREEK RESERVOIR AREA PROPERTIES
This Amendment to Intergovernmental Agreement Concerning the Fossil Creek
Reservoir Area Properties is made this day of April, 2003, by and between the CITY OF
FORT COLLINS, COLORADO and LARIMER COUNTY, COLORADO.
WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to
cooperate and contract with one another to provide any function, service or facility lawfully
authorized to each, including the sharing of costs; and
WHEREAS, in January 2001, the parties hereto entered into that certain Intergovernmental
Agreement Concerning the Fossil Creek Reservoir Area Properties by and between them (the
"Agreement'), which Agreement set forth the agreement between them concerning the sharing
of costs and responsibilities for the acquisition, ownership, improvement, and management of
the Properties as described therein; and
WHEREAS, since the time of the Agreement, the parties have determined that a modification of
certain provisions of the Agreement would be beneficial in order to update the Agreement to
reflect new information and plans amongst the parties; and
WHEREAS, accordingly, the parties have agreed to this Amendment to document and describe
those modifications.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree to amend the Agreement as follows:
1. Section A.1(d)of the Agreement is hereby amended to read as follows:
(b) Five Hundred Twenty Thousand Dollars ($520,000.00) for Tract D;
2. Section B.4 of the Agreement is hereby amended to read as follows:
4. Upon the acquisition of Tract D by the County and the issuance of a title
commitment as described in paragraph B.1 for Tract D, the City shall pay to the County
$300,000 and the County shall quitclaim an undivided 50 percent (50%) interest in Tract
D to the City, which deed the County shall, after acceptance by the City, submit to the
County Clerk and Recorder for recording the real property records of the County. The
County shall provide a copy of the recorded deed for Tract D to the City upon completion
of recording.
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3. Section B.8 of the Agreement is hereby amended to read as follows:
8. In the event all or any portion of the Properties is sold, exchanged,
transferred or otherwise disposed of, the net proceeds from such disposition shall be
divided between the parties in the same proportion as their ownership interest in the
property, except that with respect to Tract D, the City shall be entitled to 58% and the
County 42% of the total. In the event that all or any portion of the Properties is taken by
eminent domain, the costs and proceeds of such condemnation shall be shared
proportionally by the parties consistent with their ownership interest in the Properties,
except that with respect to Tract D, the City shall be entitled to 58% and the County 42%
of the total.
4. Section C.2 of the Agreement is hereby amended to read as follows:
2. The parties agree that the Properties shall be managed in accordance with
the Fossil Creek Reservoir Resource Management Plan, dated October, 2000 and
amended in December 2002 (the "Management Plan"). In the event the parties determine
that modifications to the Management Plan are necessary or appropriate, such changes
may be made by agreement of the City Manager and County Manager. If all or any
portion of the Properties is subject to leases, deeds of trust or other legal restrictions,
including without limitation the terms of the City's acquisition of Tract F from the State
Land Board and related agreements, it shall be managed in accordance therewith. New
encumbrances that may be granted or imposed in the future on the Properties, such as
easements or rights of way, shall be addressed in the next subsequent revisions of the
Management Plan, and shall be subject to the approval of the governing bodies of the
parties,each in their sole discretion.
5. Section C.7 of the Agreement is hereby amended to read as follows:
7. The Management Plan identifies various improvements to be made to the
Properties, including, without limitation, such items as Recreational Improvements,
Landscape Improvements, and Habitat Improvements. The parties shall share equally the
costs associated with implementing the various improvements to the Properties, provided
that any such improvements shall be planned, scheduled and designed in advance by
mutual agreement of the parties.
6. Section D.5 of the Agreement is hereby amended to modify the addresses for
provision of notice to read as follows:
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. To Larimer County:
Open Lands Manager
Larimer County Parks and Open Lands Department
1800 South County Road 31
Loveland, Colorado 80537-9638
To the City of Fort Collins:
Natural Resources Director
City of Fort Collins
Department of Natural Resources
281 North College Avenue
Fort Collins, Colorado 80521
7. The Agreement shall remain in full effect and unmodified, except as expressly set forth
in this Amendment.
8. This Amendment shall be effective upon the date of the last party to sign.
CITY OF FORT COLLINS, COLORADO
Dated: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
LARIMER COUNTY, COLORADO
Dated: By:
Chair,Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk County Attorney
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