HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/04/2014 - ITEMS RELATING TO BOBCAT RIDGE NATURAL AREAAgenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY February 4, 2014
City Council
STAFF
Mark Sears, Natural Areas Program Manager
John Stokes, Natural Resources Director
SUBJECT
Items Relating to Bobcat Ridge Natural Area.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 012, 2014, 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. Second Reading of Ordinance No. 013, 2014, Appropriating Unanticipated Revenue in the Natural Areas
Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural Area.
These Ordinances, unanimously adopted on First Reading on January 21, 2014, approve a grant contract with
History Colorado and appropriate unanticipated revenue in the Natural Areas Fund for historic building
restoration. The State of Colorado awarded the City a grant of $141,877 from the State Historical Fund to fund
71% of the estimated cost of $199,827 to restore two historic structures at Bobcat Ridge Natural Area: the
Poultry Shed and the Equipment Shed. The City also received a $43,000 grant from the Pulliam Charitable
Trust to provide most of the 29% in funds necessary to match the State funding. Natural Areas fund monies
will be used to fund the remaining $14,950 necessary for the project. Information requested at First Reading
regarding the use of Natural Areas Funds for historic preservation has been provided.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 21, 2014 (w/o attachments) (PDF)
2. Questions Related to Spending Natural Areas Funds on Historic Presevation (PDF)
3. Ordinance No. 012, 2014 (PDF)
4. Ordinance No. 013, 2014 (PDF)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY January 21, 2014
City Council
STAFF
Mark Sears, Natural Areas Program Manager
John Stokes, Natural Resources Director
SUBJECT
Items Relating to Bobcat Ridge Natural Area.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 012, 2014, 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. 013, 2014, Appropriating Unanticipated Revenue in the Natural Areas
Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural Area.
The purpose of this item is to approve a Grant Contract with History Colorado and Appropriate Unanticipated
Revenue in the Natural Areas Fund for historic building restoration. The State of Colorado awarded the City a
grant of $141,877 from the State Historical Fund to fund 71% of the estimated cost of $199,827 to restore two
historic structures at Bobcat Ridge Natural Area: the Poultry Shed and the Equipment Shed. This is the
second grant awarded by the State for historic preservation at Bobcat Ridge. The first grant was for the
restoration of a pioneer barn and log chicken shed, which have been fully restored. To accept this grant and
proceed with the project, the City must enter into a contract with History Colorado, a 501(c)(3) operated by the
Colorado Department of Higher Education. The contract requires a twenty-year covenant on the property
surrounding the poultry and equipment sheds, which states that the City will 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 $43,000 grant from the Pulliam Charitable Trust to provide most of the 29% in funds
necessary to match the State funding. Natural Areas fund monies will be used to fund the remaining $14,950
necessary for the project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Bobcat Ridge Natural Area is rich in cultural resources as well as natural resources. With generous donations
from the Pulliam Charitable Trust, the Natural Areas Department has already restored a historic cabin, a
calving shed, an 1888 pioneer barn, and a log chicken 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 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 and also funded the preparation of this grant application and the previous grant
application. Carol Tunner, retired City Historic Preservationist, was hired to prepare the grant applications and
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Agenda Item 8
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serve as the grant administrator for the project. Ethan Cozzens from the Operation Services Department will
serve as the Project Manager.
Staff will submit a request for proposals in 2014 to select an architect/contractor team to prepare plans for and
restore the two historic structures, with targeted completion by the end of 2014. 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 are attached (Attachment 2). Once the project is complete, staff will provide “after” pictures
to Council.
FINANCIAL / ECONOMIC IMPACT
The $141,877 grant will fund 71% of the estimated cost of $199,827 for the project. The 29% local cash
match required by the state grant, $57,950, is being funded with a $43,000 grant from the Pulliam Charitable
Trust and $14,950 from the Natural Areas Fund.
ENVIRONMENTAL IMPACTS
There will be no environmental impacts. The structures will be restored in their current location, requiring
minimal grading around the perimeter of each structure to improve drainage away from the structures. The
limited area of vegetation disturbed by grading and by restoration efforts will be restored immediately upon
completion of the project.
BOARD / COMMISSION RECOMMENDATION
At its December 11, 2013 meeting, the Land Conservation and Stewardship Board voted unanimously to
recommend approval of the State Grant Contract.
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. Bobcat Ridge NA Location Map (PDF)
2. Bobcat Phase II Historic Preservation Photos (PDF)
3. Land Conservation & Stewardship Board Minutes, December 11, 2013 (PDF)
Natural Areas Department
1745 Hoffman Mill Road
PO Box 580
Fort Collins, CO 80522
970.416.2815
970.416.2211 - fax
fcgov.com/naturalareas
To: City Council
Thru: Darin Atteberry, City Manager
Steve Roy, City Attorney
CC: Wendy Williams, Assistant City Manager
Marty Heffernan, Community Services Director
From: John Stokes, Director Natural Areas Department
Mark Sears, Natural Areas Manager
Date: January 29, 2014
RE: Questions Related to Spending Natural Areas Funds on Historic Preservation
Council Member Cunniff asked the following questions:
1. Does the ballot language for the Natural Areas designated sales tax allow spending to
preserve historic structures on Natural Areas property?
2. If not what policy allows Natural Areas to spend money on historic preservation?
3. Do we have or do we need to have a policy that states how much of the Natural Areas
revenues may be spent on historic preservation?
Answers to Question 1 - Does the ballot language for the Natural Areas designated sales tax
allow spending to preserve historic structures on Natural Areas property?
Natural Areas is primarily funded by two designated sales taxes: the City - Open Space Yes! ¼
Cent Sales Tax (OSY); and the County Help Preserve Open Space ¼ Cent Sales Tax (HPOS.
The OSY ballot language and resolution is silent on the subject of preserving, maintaining, or
removing historic structures or other cultural resources; as it is on other aspects of owning and
managing properties. It does set restrictions on spending: 80% or more of the funds must be
spent on Land Conservation Activities as defined and 20% or less may be spent on Operations
and Maintenance Activities as defined. Any expense related to restoration of historic structures
could come from the 20% of OSY funds allowed for Operations and Maintenance.
The HPOS ballot language and resolution allows Fort Collins to use the funds to implement all
aspects of its Natural Areas Plan. The current edition of the Natural Areas Plan is known as the
“Land Conservation and Stewardship Master Plan” (the Plan) adopted by Council in 2004. (It
will soon be replaced by the “Natural Areas Master Plan” which will be proposed for Council
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adoption later this year.) The Plan is not explicit with respect to historic and cultural resources
with the exception that it recognizes the adaptive reuse of historic buildings at Nix Natural Area
to house Natural Areas staff office and to meet equipment storage needs. The historic Nix farm
was acquired for this specific purpose. In 2003 the Fort Collins Landmark Preservation
Commission awarded Natural Areas the annual “Friend of Preservation Award” for its efforts in
restoring the historic farm structures.
The Plan also states that public improvements will be built and maintained to “accommodate
visitors through…public buildings…” The structures at Bobcat Ridge are available to the public
to observe and, in some cases, to enter and actively use as a gathering place for interpretation and
education.
Given these provisions of the Plan, staff believes that expenses related to restoration of historic
structures can come from HPOS funds as well as the 20% of OSY dedicated to operations and
maintenance.
Answers to Question 2 - If not what policy allows Natural Areas to spend money on historic
preservation?
In addition to the Plan, Plan Fort Collins (the City’s comprehensive plan) offers the most policy
guidance to Natural Areas in terms of historic preservation. The following two principles in the
policy adopted by Council best articulate Natural Areas responsibilities as a property owner:
Principle LIV16: The quality of live in Fort Collins will be enhanced by the
preservation of historic resources and inclusion of heritage in the daily life and
development of the community.
Principle LIV17: Historically and architecturally significant buildings Downtown and
throughout the community will be valued and preserved.
The Master Plan for Bobcat Ridge Natural Area is the first Natural Areas planning document to
specifically address Cultural Resources. This plan makes specific recommendations as to the
preservation of historic resources. The plan recommends that the two buildings that are to be
restored by the State Historic Fund grant, the poultry building and the equipment shed, should be
left as is for interpretation purposes. It was later decided to restore these and other buildings
when the Pulliam Family offered to fund the applications for historic landmark designation and
for the grants and to provide the matching funds for the grants.
Answers to Question 3 - Do we have or do we need to have a policy that states how much of
the Natural Areas revenues may be spent on historic preservation?
Staff believes it would be helpful to have a Cultural Resources policy and plans to include one in
the “Natural Areas Master Plan” which will be proposed for adoption by City Council later this
year. The policy could provide guidance as to appropriate levels of Natural Areas revenues that
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may be spent on historic preservation; research of cultural resources; and, interpretation of
cultural resources.
Background Information
Natural Areas staff consults with the Land Conservation and Stewardship Board, Landmark
Preservation staff, Landmark Preservation Commission, and consultants to adequately assess and
evaluate the cultural resources on Natural Areas sites to determine appropriate preservation
measures. It has been the Land Conservation and Stewardship Board’s and Natural Areas staff’s
position to minimize the use of Natural Areas funds to restore historic structures.
Council approved the contract with the State Historic Fund in 2011 for the first phase of the
Bobcat Ridge historic preservation work authorizing the use of Natural Areas funds for historic
preservation. The total cost of Phase I was $124,523. The City received a State grant of $93,392;
a grant from the Pulliam Family Charitable Trust for $24,000; and Natural Areas funds were
used to fund the $7,131 difference.
Council is now being asked to approve the State Historic Fund grant of $141,877 to fund 71% of
a second phase of historic preservation at Bobcat Ridge, with a total cost of $199,827, and again
authorize the use of Natural Areas funds for the purpose of historic preservation. The 29% in
matching funds is being funded largely by a $43,000 grant from the Pulliam Family Charitable
Trust and the remaining $14,950 from Natural Areas funds.
Natural Areas staff believes that spending $22,000 to achieve almost $325,000 in historic
preservation is an appropriate and efficient use of Natural Areas funds. For perspective, $22,000
is 0.24% of the Natural Areas annual budget. No funds from the 80% of OSY revenues restricted
to Land Conservation Activities were used to support this expense.
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ORDINANCE NO. 012, 2014
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 2013 City Natural Areas staff applied for a grant from the Historical
Society to help pay for restoration of two historic structures, a poultry shed and an equipment
shed (the “Project”), at Bobcat Ridge Natural Area (the “Natural Area”); and
WHEREAS, the Historical Society has awarded the City a grant in the amount of
$141,877 for the Project; and
WHEREAS, the estimated total cost of the Project is $199,827, 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
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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 $141,877 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 21st day of
January, A.D. 2014, and to be presented for final passage on the 4th day of February, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 4th day of February, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
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ORDINANCE NO. 013, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
NATURAL AREAS FUND GRANT 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 $141,877 which will fund 71% of the cost of restoring two historic structures at Bobcat Ridge
Natural Area, the Poultry Shed and the Equipment Shed; and
WHEREAS, the Grant Contract requires a 29% local project match in the amount of
$57,950, for a total estimated project cost of $199,827; and
WHEREAS, the City has also received a grant in the amount of $43,000 from the Pulliam
Charitable Trust which will cover most of the required match; and
WHEREAS, the remaining matching funds in the amount of $14,950 are available from
existing appropriations in the Natural Areas Fund operating budget; and
WHEREAS, on December 11, 2013, the Land Conservation and Stewardship Board voted
unanimously to recommend approval of the Colorado Historical Fund Grant Contract; 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 the grant funds as
described herein 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 in that fund during
any fiscal year; and
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 EIGHTY-FOUR THOUSAND
EIGHT HUNDRED SEVENTY-SEVEN DOLLARS ($184,877) for the grant project to restore
two historic buildings at Bobcat Ridge Natural Area.
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Section 2. That the unexpended appropriated amount of FOURTEEN THOUSAND
NINE HUNDRED FIFTY DOLLARS ($14,950) is hereby 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 21st day of
January, A.D. 2014, and to be presented for final passage on the 4th day of February, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of February, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk