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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/06/2011 - ITEMS RELATING TO BOBCAT RIDGE NATURAL AREADATE: December 6, 2011 STAFF: Mark Sears AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT Items Relating to Bobcat Ridge Natural Area. A. First Reading of Ordinance No. 169, 2011, Authorizing the City Manager to Enter into a Grant Contract with History Colorado, the Colorado Historical Society for Funds to Restore Two Historic Structures at Bobcat Ridge Natural Area. B. First Reading of Ordinance No. 170, 2011, Appropriating Unanticipated Revenue in the Natural Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural Area. EXECUTIVE SUMMARY The State of Colorado awarded the City a grant of $93,392 from the State Historical Fund to fund 75% of the estimated cost of $124,523 to restore two historic structures at Bobcat Ridge Natural Area: the 1888 pioneer barn and log chicken house. To accept the grant and proceed with the project the City must enter into a contract with History Colorado. The contract requires a twenty-year covenant on the property surrounding the barn and chicken shed, which states that the City will agree to maintain the buildings, once restored, for twenty years and will not alter anything on the property without express written permission of History Colorado. The City also received a $24,000 grant from the Pulliam Charitable Trust to provide most of the 25% in funds necessary to match the funds received from the State. Natural Areas Program funds will be used to fund the remaining $7,131 necessary to fully fund the project. BACKGROUND / DISCUSSION Bobcat Ridge Natural Area is rich in cultural resources as well as natural resources. With generous donations from the Pulliam Charitable Trust, Natural Areas has already restored a historic cabin and a calving shed, published a book and a booklet on the history of the Bobcat Ridge area, and hired education staff to lead many cultural interpretation programs each year for hundreds of people of all ages. Visitors really enjoy learning about the early pioneers in the area and the farming and ranching history on Bobcat Ridge. They enjoy seeing the historic buildings and learning about how the early pioneers worked and lived. The Pulliam Charitable Trust funded the preparation of the application for historic designation, which was received last December and also funded the preparation of this grant application. Carol Tunner, retired City Historic Preservationist, was hired to prepare both applications and serve as the grant administrator for the project. Steve Seefeld from Operation Services will serve as the Project Manager. Staff will put out a request for proposals early in 2012 to select an architect/contractor team to prepare plans for and restore the two historic structures, to be completed by the end of the year. Staff and the contractor are required by the State Historic Fund to fully document each phase of the restoration process. Before pictures of both structures and an historic picture of the barn are attached (Attachment 2). Once the project is complete, staff will provide after pictures to Council. FINANCIAL / ECONOMIC IMPACTS The $93,392 grant will fund 75% of the estimated cost of $124,523. The 25% cash match, $31,131, is being funded with a $24,000 grant from the Pulliam Charitable Trust and the remaining $7,131 from Natural Areas Funds. December 6, 2011 -2- ITEM 18 ENVIRONMENTAL IMPACTS There will be no environmental impacts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION At its November 9, 2011 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend approval of the State Grant Contract and the appropriation of the Grants. PUBLIC OUTREACH The preservation, restoration and interpretation of these historic structures is per the Bobcat Ridge Natural Area Management Plan adopted administratively in 2005 after thorough public review. ATTACHMENTS 1. Location map 2. Photos of historic structures 3. Land Conservation and Stewardship Board minutes, November 9, 2011 Bobcat Ridge Natural Area Location Map Bobcat Ridge NA HWY. 392 PROSPECT RD. HARMONY RD. TAFT HILL RD. SHIELDS ST. Trailhead and Parking Lot Historic Structures ¹ 0 0.5 1 2 3 Miles Map Created by Fort Collins Natural Areas - 2001 Natural Area Trails CITY OF FORT COLLINS NATURAL AREA COUNTY OR CITY OPEN LANDS LEASE STATE, COUNTY OR OTHER PUBLIC NATURAL AREAS Bobcat Ridge NA Historic Structures ATTACHMENT 1 Excerpt from the Land Conservation and Stewardship Board Meeting Minutes - Wednesday, November 9, 2011 Excerpt - Bobcat Ridge – State Historic Fund Grant Contract  Sears: The State Historical Fund awarded the City a grant to fund the restoration of two historic structures at Bobcat Ridge Natural Area, the 1888 Pioneer Barn and log Chicken House. The Contract will require a twenty-year covenant on the site of the barn and chicken shed, which state that the City will agree to maintain the buildings once restored for twenty years. The grant will fun 75 percent of the estimated cost of $125,000. The 25 percent cash match, $31,000, is being funded with $24,000 grant from the Pulliam Charitable Trust and the remaining $7,000 from Natural Areas Funds. We also need to appropriate the unanticipated grant revenues in the Natural Areas fund.  Quayle: Do you all ready have a contractor?  Sears: No. We are planning to do a Request for Proposal for a Design Build contractor. We had a thorough historic assessment done on the buildings several years ago, Allen Lingle was the architect, and they did a thorough job of describing all the improvements that need to be made especially to the barn.  Stanley: I see no reason not to approve this.  Haines: What do you see as future maintenance on the structures?  Sears: Vandalism or fire would be the biggest threat for maintenance.  Grimes: Will the monies be used for other structures?  Sears: The monies will be used only for the pioneer barn and chicken shed.  Haines: Is signage included in this grant?  Sears: No, signage is budgeted separately. Stanley moved that the Land Conservation and Stewardship Board recommend that City Council approve the State Historical Fund Grant Contract and appropriate the unanticipated grant revenues in the Natural Areas Program fund. Grimes second. It was unanimously approved. ORDINANCE NO. 169, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH HISTORY COLORADO, THE COLORADO HISTORICAL SOCIETY FOR FUNDS TO RESTORE TWO HISTORIC STRUCTURES AT BOBCAT RIDGE NATURAL AREA WHEREAS, in 1990 the Colorado Constitution was amended to permit limited gaming in three Colorado cities; and WHEREAS, the limited gaming amendment also created the State Historical Fund (the “Fund”) and directed that a portion of gaming tax revenues be distributed through a competitive process for historic preservation projects throughout the state; and WHEREAS, grants from the Fund are administered through History Colorado, the Colorado Historical Society (the “Historical Society”); and WHEREAS, in early 2011 City Natural Areas staff applied for a grant from the Historical Society to help pay for restoration of two historic structures, the 1888 pioneer barn and a log chicken house (the “Project”), at Bobcat Ridge Natural Area (the “Natural Area”); and WHEREAS, in August 2011 the Historical Society awarded the City a grant in the amount of $93,392 for the Project; and WHEREAS, the estimated total cost of the Project is $124,523, with additional funding coming from the Pulliam Charitable Trust and the Natural Areas program; and WHEREAS, to receive the grant funding the City must enter into a Grant Contract with the Historical Society; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, a copy of the Grant Contract is on file and available for review in the office of the City Clerk; and WHEREAS, one of the conditions of the Grant Contract is a 20-year covenant running with the land that would prohibit the City from permitting or undertaking any construction, alteration, movement, relocation or remodeling or any other activity on the property where the Project is located that would adversely affect the structural soundness of the property or encroach on the open land area of the property without the express written permission of the Historical Society; and WHEREAS, the Natural Area property affected by this covenant would be all or a portion of the property described on Exhibit “A”, attached and incorporated herein by reference (the “Property”); and WHEREAS, placing a restrictive covenant on the Property that is enforceable by the State is the equivalent of conveying an interest in real property; and WHEREAS, pursuant to Section 23-111(a) of the City Code, the Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City provided that the Council first finds, by ordinance, that such disposition is in the best interests of the City; and WHEREAS, City staff recommends that the City Council approve the Grant Contract as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that placing a restrictive covenant on the Property as required by the Historical Society in order to receive grant funding is in the best interests of the City. Section 2. That the Mayor is hereby authorized to enter into the Grant Contract with the Historical Society obligating the City to use the $93,392 in grant proceeds from the Fund for restoration of historic structures at Bobcat Ridge Natural Area, including the covenant described above, in substantially the form of agreement as is on file in the office of the City Clerk, and that the terms of the Grant Contract are approved together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the best interests of the City. Introduced, considered favorably on first reading, and ordered published this 6th day of December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- Passed and adopted on final reading on the 20th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- EXHIBIT A Property Address 10184 W COUNTY ROAD 32C, LOVELAND 80538-0000 Legal Description A POR OF SW1/4 OF 15-6-70; COM AT S 1/4 COR OF SD SEC 15 AND POB; TH WRLY ALG S LN OF SD SW1/4 TO SW COR SEC 15; TH NRLY ALG W LN OF SW1/4 OF SW1/4 TO CNTY RD; TH ERLY WITH SD RD TO PT ON W LN OF SE1/4 OF SW1/4; TH DEPART FROM SD CNTY RD NRLY ALG SD W LN TO NW COR OF SD SE1/4 OF SW1/4; TH ALG N LN OF SE1/4 OF SW1/4, N 88 23' 04" E 985.86 FT M/L TO PT ON CEN LN OF ESMNT; TH N 30 37' 29" E 250.50 FT TO NW COR OF A TR DESC @ 88049434; TH N 88 23' 04" E 10 FT; TH S 21 30' 01" E 163.30 FT; TH S 40 30' 59" E 74.93 FT M/L TO PT ON N LN OF SE1/4 OF SW1/4 OF SEC 15 FROM WHENCE TH NE COR OF SE1/4 OF SW1/4 BEARS N 88 23' 04" E 93.10 FT; TH S 01 59' 43" E 188.87 FT; TH S 35 12' 21" E 170.81 FT M/L TO PT ON E LN OF SE1/4 OF SW1/4 FROM WHENCE SD NE COR BEARS N 00 12' 07" E 330.96 FT; TH S 00 12' 07" W 999.46 FT M/L TO POB; LESS AND EXCEPT THAT POR DESC AS TR D IN BK 881, PG 286; LESS 20070047079 ROW ORDINANCE NO. 170, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE NATURAL AREAS FUND PROJECT TO RESTORE TWO HISTORIC STRUCTURES AT BOBCAT RIDGE NATURAL AREA WHEREAS, the City has been awarded a Colorado Historical Fund grant in the amount of $95,392 to fund 75% of the cost to restore two historic structures at Bobcat Ridge Natural Area, the 1888 Pioneer Barn and the log Chicken House; and WHEREAS, the grant requires a 25% project match in the amount of $31,131 for a total estimated project cost of $124,523; and WHEREAS, the City has also received a grant in the amount of $24,000 from the Pulliam Charitable Trust which will cover most of the required match; and WHEREAS, the remaining matching funds in the amount of $7,131 are available from existing appropriations in the Natural Areas Fund operating budget; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously to recommend approval of the Colorado Historical Fund Grant Contract and the appropriation of the Grants; 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 current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of grant funds will not cause the total amount appropriated in the Natural Areas Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year. WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Natural Areas Fund the sum of ONE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED NINETY-TWO DOLLARS ($117,392) for the grant project to restore two historic buildings at Bobcat Ridge Natural Area. Section 2. That the unexpended appropriated amount of SEVEN THOUSAND ONE HUNDRED THIRTY-ONE DOLLARS ($7,131) is authorized for transfer from the Natural Areas Fund operating budget to the grant project to restore two historic buildings at Bobcat Ridge Natural Area and appropriated therein Introduced, considered favorably on first reading, and ordered published this 6th day of December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk