HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/18/2013 - SECOND READING OF ORDINANCE NO. 079, 2013, AUTHORIDATE: June 18, 2013
STAFF: John Stokes
Daylan Figgs
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 9
SUBJECT
Second Reading of Ordinance No. 079, 2013, Authorizing the Use of the Noonan Tract and the Bowes Homestead
Tract 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 June 4, 2013, authorizes the use of a recent acquisition
of 280 acres at Soapstone Prairie Natural Area as match towards a Neotropical Migratory Bird Conservation Act grant,
as well as management funds currently obligated in the Natural Areas Department (NAD) budget. Using the funds
already spent as match towards this grant is a great secondary benefit for the City. The $200,000 grant will expand
upon the Rocky Mountain Bird Observatory’s (RMBO) research and monitoring work to implement conservation
strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to
Plains Project and 27 high priority species at wintering sites in the Chihuahua Desert of Mexico.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - June 4, 2013
(w/o attachments)
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ATTACHMENT 1
DATE: June 4, 2013
STAFF: John Stokes
Daylan Figgs
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
First Reading of Ordinance No. 079, 2013, Authorizing the Use of the Noonan Tract and the Bowes Homestead Tract
as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service.
EXECUTIVE SUMMARY
The City will use a recent acquisition of 280 acres at Soapstone Prairie Natural Area (Soapstone Prairie) as match
towards the grant, as well as management funds currently obligated in the Natural Areas Department (NAD) budget.
Using the funds already spent as match towards this grant is a great secondary benefit for the City. The $200,000
grant will expand upon Rocky Mountain Bird Observatory’s (RMBO) research and monitoring work to implement
conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills
Mountains to Plains Project and 27 high priority species at wintering sites in the Chihuahua Desert of Mexico.
This will be the fifth such match authorized as the City, in partnership with RMBO, has been successful on four
previous grant applications. The previous partnership efforts have resulted in a broader understanding of the
grasslands bird species that nest on Soapstone Prairie and the contiguous Meadow Springs Ranch, and has
contributed to the conservation of these species’ winter ranges in Mexico.
BACKGROUND / DISCUSSION
The Rocky Mountain Bird Observatory, in partnership with NAD, the American Bird Conservancy, Cornell Lab of
Ornithology, and the Universidad Autónoma de Chihuahua, submitted a Neotropical Migratory Bird Conservation Act
Grant to implement actions to improve and restore habitat for priority grassland birds on their wintering and breeding
grounds. 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, Meadow Springs Ranch, and other
properties in the Laramie Foothills Mountains to Plains (LFMTP) project area. The importance of the LFMTP area to
19 high priority grassland birds has been documented through work performed by RMBO and NAD and is reflected
in the adopted Soapstone Prairie Natural Area Management Plan. However, the LFMTP area 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.
In this phase of the U.S.-Mexico Grassland Bird Conservation project, the focus will shift toward the implementation
of actions to improve and restore habitat for priority grassland birds on their wintering and breeding grounds. The
proposed actions focus primarily on increasing habitat availability and suitability for Sprague’s Pipit populations in key
wintering areas in Chihuahua, Mexico that are threatened by accelerating habitat destruction and degradation. The
second component of the project will focus on increasing habitat availability and suitability for Mountain Plover
populations at an important breeding site in Colorado that is threatened by impacts caused by sylvatic plague
epidemics, prairie dog control, oil and gas development and recreational use. The proposed work will also directly
benefit up to 18 other high-priority grassland birds within the Laramie Foothills, and 27 high priority species at the
wintering sites in Chihuahua.
Monitoring efforts within the Laramie Foothills funded by past Neotropical Bird Grants have included extensive point
count surveys and demographic monitoring of grassland bird productivity on Soapstone Prairie. NAD is using the point
count data to identify important bird resources, breeding sites and habitats that warrant special management attention,
guide potential impacts away from sensitive species and habitats, and track population changes over time and in
response to management and other influences. In addition, NAD is using the reproductive and demographic data to
determine baseline reproductive rates and assess affects of recreation and grazing management. Active monitoring
has also helped guide management in response to a recent plague event that severely reduced active prairie dog
colonies and reduced the Mountain Plover population from 50-60 birds in 2008 to just 12 birds in 2011. Due in part
to ongoing monitoring, NAD was able to employ a variety of management techniques such as dusting for flea control
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within the few remaining prairie dog colonies, prescribed fire, and strategic grazing in order to prevent the last of the
prairie dogs and Mountain Plovers from disappearing.
Monitoring will continue through the use of grant funds to track the effects of management efforts on grassland bird
density and distribution and will be used to help guide decisions concerning the potential for impacts associated with
energy development. Monitoring efforts will focus on Neotropical birds associated with black-tailed prairie dog colonies
and within the Foothills Shrublands (mountain mahogany) and Salt desert scrub (four-wing saltbush) ecological
systems. This information will inform management decisions and the sustainable stewardship of Soapstone Prairie.
This project will be coordinated and implemented by RMBO, in cooperation with NAD, American Bird Conservancy
(ABC), Pronatura Noreste, the Universidad Autónoma de Chihuahua and the Cornell Lab of Ornithology, and in
coordination with the State of Chihuahua’s Secretary of Urban Development and Ecology, the Rio Grande Joint
Venture, the Chihuahuan Desert Grassland Regional Alliance, Cuenca Los Ojos Foundation, local communities and
private ranchers in Chihuahua, and representatives from INIFAP (National Forestry and Agricultural Research Institute)
and SAGARPA (Secretary of Agriculture, Ranching, Rural Development, Fisheries, and Food supply) in Mexico. A
unique feature of this project is that it involves a broad-based collaboration among international, regional, and local
organizations from public, private, and NGO sectors, and most entities are contributing significant cash and in-kind
resources and expertise to the project goals. This range-wide, integrated approach to grassland bird conservation
includes two distinct but complementary projects that address high priority needs of grassland birds on both their
breeding and wintering grounds.
The NAD match for this $200,000 grant will come from the Department’s 2011 purchase of the 80 acre Noonan Tract
and the 200 acre Bowes Homestead tract, both additions to Soapstone Prairie, and from funds used to manage
Soapstone Prairie. The funds used to purchase the Noonan and Bowes Homestead tracts are not federal in origin
and have not been used to match other Federal grant funding sources. Of the grant dollars received, approximately
$75,000 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.
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 / ECONOMIC IMPACTS
The City will use the purchase of the 80 acre Noonan Tract and the 200 acre Bowes Homestead tract (see
Attachment 1) and funds already obligated for the management of Soapstone Prairie as match toward the grant. This
will not obligate any additional funds but will provide a secondary benefit to the funds already spent to acquire this
portion of Soapstone Prairie and already obligated for management of the property. The two new tracts are managed
as part of Soapstone Prairie and are already conserved by NAD.
The Rocky Mountain Bird Observatory will receive $200,000 from USFWS to fund conservation work within the
Laramie Foothills Mountains to Plains project area, and in the Chihuahuan Desert of Mexico. Of the grant dollars
received, approximately $75,000 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.
ENVIRONMENTAL IMPACTS
The Soapstone Prairie Natural Area Management Plan (adopted in 2007) identifies ecological and cultural values of
highest priority and sets in place management objectives for the property. Activities identified in the 2013-2014 BFO
budget cycle focus on evaluating management efforts to increase and sustain a black-tailed prairie dog complex
between 3,000 and 4,000 acres. Black-tailed prairie dogs are considered a keystone species within the shortgrass
prairie ecosystem, are closely tied to several conservation targets identified in the Soapstone Prairie Natural Area
Management Plan, including grassland bird species such as mountain plover. In addition, continued monitoring of
grassland and shrubland bird communities will be used to help guide management decisions. Grant dollars will be
used to supplement funds identified for this budgeted activity and help to stretch the NAD budget even further.
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The NAD 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Land Conservation and Stewardship Board considered the grant project at its March 14, 2012 meeting and
unanimously recommended that Council adopt the Ordinance to authorize the use of funds to purchase the Noonan
tract and Bowes Homestead tract by the Natural Areas Department as match for a Neotropical Migratory Bird
Conservation Act Grant administered by the U.S. Fish and Wildlife Service and to place a Notice of Grant Agreement
on the Noonan and Bowes Homestead tracts.
PUBLIC OUTREACH
Public outreach specific to this grant was not conducted. The purpose of the grant is to implement monitoring
objectives outlined in the Soapstone Prairie Natural Area Management Plan. This Plan was adopted after public
review and comment.
ATTACHMENTS
1. Parcels used as match for 2012 Neotropical Migratory Bird grant
2. Land Conservation and Stewardship Board minutes
ORDINANCE NO. 079, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE USE OF THE NOONAN TRACT AND THE BOWES HOMESTEAD
TRACT 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 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, in May, 2010, the City Council adopted Ordinance No. 053, 2010, authorizing
the use of a different 660-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 previous grant projects involving the study of neotropical
birds, a category of bird species that includes high priority grassland birds found on Soapstone
Prairie Natural Area; and
WHEREAS, two recent additions to Soapstone Prairie known as the Noonan tract and the
Bowes Homestead tract, as shown on Exhibit “A”, attached and incorporated herein by this reference
(collectively, the “Property”), have 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 $200,000 from FWS; and
WHEREAS, RMBO hopes to use this new grant 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’s consent to these restrictions on its property constitutes an
encumbrance on the City’s real property; and
WHEREAS, the City will also 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 the City Council first finds, by ordinance, that such 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 use of the Noonan and Bowes Homestead
tracts as a match towards a U.S. Fish and Wildlife Service Grant to the Rocky Mountain Bird
Observatory, including execution and recording of a Notice of Grant Requirements as described
herein, is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute a Notice of Grant
Requirements consistent with the terms of this Ordinance, along with such other terms and
conditions as the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the best interests of the City, including, but not limited to, any necessary
changes to the legal description of the Property to be encumbered, as long as such changes do not
materially increase the size or change the character of the Property.
Introduced, considered favorably on first reading, and ordered published this 4th day of June,
A.D. 2013, and to be presented for final passage on the 18th day of June, A.D. 2013.
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Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 18th day of June, A.D. 2013.
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Mayor
ATTEST:
_____________________________
City Clerk
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EXHIBIT A
Legal Descriptions
Noonan Tract:
The South One-half of the Southeast Quarter of Section 11, Township 11 North, Range 69 West
of the 6
th
P.M., Larimer County, State of Colorado.
Bowes Homestead Tract:
The E1/2 of the NE ¼, the N1/2 of the SE ¼ and the NE ¼ of the SW1/4 of Section 24,
Township 11 North, Range 69 West of the 6
th
P.M., County of Larimer, State of Colorado.