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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2011 - ITEMS RELATING TO APPROVAL AND APPROPRIATION OF TW (2)DATE: July 5, 2011 STAFF: Helen Matson Mark Sears AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT Items Relating to Approval and Appropriation of Two Real Property Land Donations to the Natural Areas Program. A. Second Reading of Ordinance No. 068, 2011, Authorizing the Acceptance of a Donation of 1.75 Acres From Larimer County and Appropriating Unanticipated Revenue in the Natural Areas Fund. B. Second Reading of Ordinance No. 069, 2011, Authorizing the Acceptance of a Donation of Three Acres from Mike Sollenberger and Appropriating Unanticipated Revenue in the Natural Areas Fund. EXECUTIVE SUMMARY Ordinance No. 068, 2011, authorizes the donation of a 1.75 acre parcel along the Poudre River from Larimer County to the City Natural Areas Program. The property is located adjacent to the north end of Arapaho Bend Natural Area. Ordinance No. 069, 2011 authorizes the donation of a three acre parcel located adjacent to Running Deer Natural Area, south of East Prospect Road, from Mike Sollenberger to the City Natural Areas Program. Both Ordinances were unanimously adopted on First Reading on June 7, 2011. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - June 7, 2011 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: June 7, 2011 STAFF: Helen Matson Mark Sears AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Items Relating to Approval and Appropriation of Two Real Property Land Donations to the Natural Areas Program. A. First Reading of Ordinance No. 068, 2011, Authorizing the Acceptance of a Donation of 1.75 Acres From Larimer County and Appropriating Unanticipated Revenue in the Natural Areas Fund. B. First Reading of Ordinance No. 069, 2011, Authorizing the Acceptance of a Donation of Three Acres from Mike Sollenberger and Appropriating Unanticipated Revenue in the Natural Areas Fund. EXECUTIVE SUMMARY Larimer County would like to transfer the ownership and management of a 1.75 acre parcel along the Poudre River and located adjacent to the north end of Arapaho Bend Natural Area to the City Natural Areas Program (NAP). Mike Sollenberger has agreed to donate the three acre parcel located adjacent to Running Deer Natural Area, south of East Prospect Road to the NAP. BACKGROUND / DISCUSSION A. First Reading of Ordinance No. 068, 2011, Authorizing the Acceptance of a Donation of 1.75 Acres From Larimer County and Appropriating Unanticipated Revenue in the Natural Areas Fund. Larimer County acquired the 1.75 acre parcel along the Poudre River in February 1976. The County constructed a small parking lot at the east end of Horsetooth Road on a portion of abandoned road right-of-way, which is now the north parking lot for Arapaho Bend, and constructed a pedestrian bridge and a trail to provide access from the parking lot to the historic Strauss Cabin. It provided an interpretive sign at the cabin to inform the public about the history of the cabin. In 1999, Strauss Cabin was burned down by arsonists and the property has been closed to the public ever since. The foundation and stone walls of the cabin are all that remain. They are currently fenced to prevent further vandalism and to protect the public from any unsafe conditions. Since the City’s Natural Areas Program owns the Arapaho Bend Natural Area (ABNA) adjacent and south of the Strauss Cabin property, the transfer of the ownership of this parcel will benefit both programs. It is an awkward piece of property for the County to manage and since it is adjacent to ABNA it is, in essence, already being managed by the City and would not be a significant expense for the NAP to manage as a part of ABNA. A portion of the future Poudre River trail may go through or near the Strauss Cabin property, through the ABNA, under I-25 and connect to the Town of Timnath’s segment of the Poudre River trail, providing more public access to this historic area. Natural Areas will consider opening up the existing trail to Strauss Cabin and providing interpretive signage about the history of the cabin and the Council Tree, located nearby. B. First Reading of Ordinance No. 069, 2011, Authorizing the Acceptance of a Donation of Three Acres from Mike Sollenberger and Appropriating Unanticipated Revenue in the Natural Areas Fund. Mike Sollenberger acquired the three acre parcel from the previous owner of Running Deer Natural Area for the purpose of wetlands mitigation. He successfully established a wetland on this parcel and has completed his obligation to the Corps of Engineers. The NAP will continue to manage the site as a wetland and will work to maintain and enhance the quality of the wetland. Since Natural Areas owns the adjacent property, Running Deer Natural Area, the transfer of its ownership will benefit the NAP and will only slightly increase the NAP maintenance costs. COPY COPY COPY COPY June 7, 2011 -2- ITEM 13 FINANCIAL / ECONOMIC IMPACTS Both of these donated parcels are adjacent to established natural areas, which minimizes the maintenance costs for each. Real Estates Services has established the value of each of these parcels and this value is $5,000 per acre. The value for the parcel owned by Larimer County is $8,400. The value for the parcel owned by Mike Sollenberger is $15,000. ENVIRONMENTAL IMPACTS Both of these parcels will be maintained by Natural Resources as the adjacent natural area is maintained. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION At its April 13, 2011 meeting, the Land Conservation and Stewardship Board unanimously recommended that City Council approve the 1.75 acre Strauss Cabin parcel donation from Larimer County and the three acre parcel donation from Mike Sollenberger. ATTACHMENTS 1. Location Maps for Larimer County Property Donation and Sollenberger Property Donation 2. Land Conservation and Stewardship Board minutes, April 13, 2011 ORDINANCE NO. 068, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACCEPTANCE OF A DONATION OF 1.75 ACRES OF LAND FROM LARIMER COUNTY AND APPROPRIATING UNANTICIPATED REVENUE IN THE NATURAL AREAS FUND WHEREAS, in 1976, Larimer County acquired a 1.75 acre parcel along the Poudre River, the legal description of which is attached hereto as Exhibit “A” [Exhibit “A” is on file in the office of the City Clerk] and incorporated herein by this reference (the “Property”), that is located adjacent to the north end of the Arapaho Bend Natural Area; and WHEREAS, the Property contains the foundation and stone walls of the historic Strauss Cabin; and WHEREAS, the Natural Areas Fund owns and manages the Arapaho Bend Natural Area that is adjacent to and south of the Property; and WHEREAS, Larimer County desires to donate the Property to the City’s Natural Areas Program; and WHEREAS, the value of the Property is estimated to be $8,400; and WHEREAS, it would not be a significant expense for the Natural Areas Program to manage the Property as part of the Arapaho Bend Natural Area; and WHEREAS, City staff has determined that the donation of the Property by Larimer County will assist the City in meeting its goals for natural areas programs; and WHEREAS, Article V, Section 9, of the City Charter 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 City Council to authorize the acceptance of the donation of the Property from Larimer County and to appropriate $8,400 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 the Natural Areas Program. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Natural Areas Fund the sum of EIGHT THOUSAND FOUR HUNDRED DOLLARS ($8,400) for Natural Areas Program purposes. Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 2011, and to be presented for final passage on the 5th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk ORDINANCE NO. 069, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACCEPTANCE OF A DONATION OF THREE ACRES OF LAND FROM MIKE SOLLENBERGER AND APPROPRIATING UNANTICIPATED REVENUE IN THE NATURAL AREAS FUND WHEREAS, on April 11, 2001, a local citizen, Mike Sollenberger (“Sollenberger”), acquired a 3.0 acre parcel, the legal description of which is attached hereto as Exhibit “A” [Exhibit “A” is on file in the office of the City Clerk] and incorporated herein by this reference (the “Property”), from the previous owner of what is now the Running Deer Natural Area, for the purpose of establishing a wetlands mitigation project; and WHEREAS, Sollenberger has provided documentation to the City from the U.S. Army Corps of Engineers indicating that the wetlands mitigation project is complete; and WHEREAS, Sollenberger desires to donate the Property to the City’s Natural Areas Program; and WHEREAS, the value of the Property is estimated to be $15,000; and WHEREAS, City staff has determined that the donation of the Property by Sollenberger will assist the City in meeting its goals for natural areas programs and will not significantly increase the Natural Areas Program maintenance costs; and WHEREAS, Article V, Section 9, of the City Charter 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 City Council to authorize the acceptance of the donation of the Property from Sollenberger and to appropriate $15,000 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 the Natural Areas Program. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Natural Areas Fund the sum of FIFTEEN THOUSAND DOLLARS ($15,000) for Natural Areas Program purposes. Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 2011, and to be presented for final passage on the 5th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk