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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2011 - ITEMS RELATING TO APPROVAL AND APPROPRIATION OF TW DATE: June 7, 2011 STAFF: Helen Matson _ Mark Sears 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 IotforArapaho 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 1-25 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. 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 5 .w' 1 { r 5 I% on FARMS Rap JA rrI > i I { • � ' 1 _ k � }f II ARAPAHO AND NA hit i f • 5 •F. t ' �J ...5 l r M1:r'. G' M1' ��� • ter ' , �1 , %lll Will COME 4 . 1UF91VVUVU nV-LLUW NA CSU { r NVRNMNTL : =, k LEARNING }' rs , x itryr '�` CENTER ' . F :� •' it ! ;skiy- All COTTON ' , OQ 11 . b NA ° RUNNING Q { J ll r 4 NIL 1 •f .r 4 � r Y lll- v,+' 'l 'PIN • Fes' ' 4 . rr ill p•+- c {I NURNIIA T LEARNIN'G : _ 4. r E RUN I QEE NA — ' � • � � 1 +44 A �i5' � �4 Y ill ' Land Conservation & Stewardship Board ATTACHMENT 2 Wednesday, April 13, 2011 Page 2 of 4 lection of Officers Knowlton imated Trudy Haines as Chair. Stanley second. nominated Linda Knowlton as Vic air. Stanley second. It was unani y approved. Bicycle Advisory Board Re ative • Grimes: I would terested in attending if c are the position with another B member. • Kno n: Kathryn can be the representative and if she can not at scheduled eting she can ask another Board member to attend in her place. • Sears: They meet the second Monday of month at 215 N. Manson Strauss Cabin Land Transfer from Larimer County • Sears: Larimer County would like to transfer the ownership and management of a 1.75 acre parcel along the Poudre River located adjacent to the north end of Arapaho Bend Natural Area to the Natural Resources Department. Larimer County acquired the 1.75 acre parcel in February of 1976. Since Natural Areas owns the Arapaho Bend Natural Area (ABNA) adjacent and south of the Strauss Cabin property, the transfer of its ownership will benefit both programs. • Cameron: The history of the Strauss Cabin is very unique. It is an isolated piece of property away from other County properties, and over the years the discussion between the city and the county was that it would make sense to accept the transfer. I would be in favor of this transfer. Cameron moved that the Land Conservation and Stewardship Board recommend that City Council approve the transfer of the 1.75 acre Strauss Cabin Land from Larimer County to the Natural Resources Department, to be owned and managed by the Natural Areas Program. Knowlton second. It was unanimously approved. Land Transfer from Mike Sollenberger • Sears: Mike Sollenberger has agreed to transfer the ownership and management of a 3.0 acre parcel located in Running Deer Natural Area, south of East Prospect Road, to the Natural Resources Department. Mr. Sollenberger acquired the 3.0 acre parcel from the previous owner of Running Deer for the purpose of wetlands mitigation. He successfully established a wetland on this parcel and had completed his obligation to the Corps of Engineers. Since the Natural Areas owns the surrounding property, Running Deer Natural Area, the transfer of its ownership will benefit the Natural Areas Program (NAP), and will only slightly increase the NAP maintenance costs. Land Conservation & Stewardship Board Wednesday, April 13, 2011 Page 3 of 4 Knowlton moved that the Land Conservation and Stewardship Board recommend that City Council approve the transfer of 3.0 acres from Mike Sollenberger to the Natural Resources Department, to be owned and managed by the Natural Areas Program. Germany second. It was unanimously approved. blic Improvements and Facilities Operations Update Mancii The last time I presented an update to this Board on Natural Areas Public Improvements and Facility Operations was in January 2010. This presentation vers highlights of what we accomplished last year and what we are up to in 2 1. Manci pres ted a PowerPoint presentation to the Board that included: 0 ew PI and FO Crew Chief o P is Improvements o 45 ural Areas (39 currently open to the public) 41 local a 4 regional o In addit to Trails—other projects o 2010 PI P 'ects—back to basics o Capital Repl ment Schedule o Gustav Swanso arking Lot improvements o Running Deer We me Center Kiosk o Bobcat Ridge for the orses o Bog Bridge at Bobcat ge (Mahoney Par o Trail Maintenance at Bob t Ridge on Na 'onal Trails Day o Trail Improvement at Maxw Natural rea o Red Fox Meadows Natural Ar o Floodway Fencing o Poudre River Planning o Vandalism 0 2011 PI Projects o Trail Maintenance Focus o Repair, Replace or Im ve Structures o Delayed Projects o Reservoir Ridge I provements o Gateway Natur layground 0 2011 Parks P ed Trails—every year the Natural Are Program gives Parks $35 , 00 for trails o Public provements Expenditures/Budget o Facil' Operations—6 facilities (12 buildings to maintain a o uildings) 0 10 Projects—Nix Farm o Gateway Ranger Residence and Office Fossil Creek Reservoir Regional Open Space o P2Inspections o Nix shop organization o Ongoing Facility Maintenance 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" 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 r 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 Exhibit "A" A tract of land in the SW1/4 of Section 27, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows: Consider the south line of the SW1/4 of said Section 27 as bearing N 89021'50" E and with all bearings herein relative thereto: Beginning at a point on the north right-of-way line of County Road No. 40, thirty feet northerly of the section line, from whence the southwest corner of said Section 27 bears S 83121'40" W a distance of 286.90 feet; Thence N 5107' E a distance of 312.30 feet; thence N 12034' W a distance of 125.41 feet; thence N 33*21' E a distance of 293.08 feet; thence S 61011' E a distance of 177.55 feet to a point 15 feet more or less easterly of the westerly bank of the Cache La Poudre River; thence along a line 15 feet easterly of the westerly bank of the Cache La Poudre River on the following three courses: S 43030' W a distance of 197.21 feet; thence S 11042' W a distance of 269.67 feet; thence S 01119' W a distance of 183.91 feet; thence leaving the Cache La Poudre River and along the northerly right-of-way line of County Road No. 40 S 89021'50" W a distance of 122.05 feet to the point of beginning. Said tract contains 1.75 acres more or less. 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"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 Sol lenberger 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 EXHIBIT "A" A tract of land situate in the Northwest Quarter of Section 21, Township 7 North, Range 68 West of the 6th P.M., more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 21 as bearing North 00 degrees 17 minutes 23 seconds East as determined by monuments found at the North Sixteenth Corner of said Section 21 and Section 20 and a Witness Corner to the West Quarter Corner of said Section 21, and with all bearings contained herein relative thereto. Commencing at the West Quarter Corner of said Section 21; Thence along the West line of the Northwest Quarter of said Section 21 North 00 degrees 17 minutes 23 seconds East 1,025.47 feet to a point on the south line of a parcel described as Exhibit D-2 at Reception No. 90058841 of the records of Larimer County; Thence along said line North 89 degrees 42 minutes 37 seconds East 96.00 feet; Thence North 41 degrees 10 minutes 00 seconds East 327.00 feet to the True Point of Beginning; Thence continuing along said line North 75 degrees 45 minutes 00 seconds East 508.00 feet to the Southeast corner of said parcel; Thence departing from said line South 00 degrees 30 minutes 00 seconds West 310.72 feet; Thence South 75 degrees 45 minutes 00 seconds West 361.79 feet; Thence North 26 degrees 50 minutes 18 seconds West 307.88 feet to the True Point of Beginning, containing 3.00 acres. County of Larimer, State of Colorado.