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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2001 - SECOND READING OF ORDINANCE NO. 152, 2001, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 10 FORT COLLINS CITY COUNCIL DATE: October 16, 2001 FROM: Edith Felchle SUBJECT: Second Reading of Ordinance No. 152, 2001, Authorizing the Conveyance to Legacy Land Trust of an Undivided Interest in the Sauer Open Space Conservation Easement, Authorizing a Grant Agreement with Great Outdoors Colorado, and Authorizing the Amendment of the Intergovernmental Agreement with Larimer County and Loveland for the Sauer Open Space. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Sauer Open Space is located between Loveland and Fort Collins west of Taft Hill Road,abutting the southern portion of Coyote Ridge Natural Area. The property was purchased in 2000 by the City of Loveland,Larimer County, and the City of Fort Collins. The property is managed by the City of Loveland. Great Outdoors Colorado Trust Fund(GOCO)awarded a$500,000 grant to assist in purchase of the property. GOCO places certain requirements on landowners in order to protect the conservation values of the property. These restrictions are reflected in Ordinance No. 42, 2000, adopted on Second Reading on May 2,2000,authorizing the conveyance of a conservation easement to Larimer County. After that Council action was taken,GOCO determined that the proposed arrangement was not acceptable, and instead required that an outside party have the power to enforce the easement. Since the conveyance of an interest in the conservation easement to that party, the Legacy Land Trust, was not included in Ordinance No. 42, 2000, this Ordinance authorizes that Legacy Land Trust be provided an interest in the conservation easement. This Ordinance,which was unanimously adopted on First Reading on October 2, 2001, authorizes the execution of the grant agreement with GOCO for the grant funds. The NRAB reviewed this item at its October 3 meeting (after First Reading of the Ordinance) and recommended adoption of the Ordinance on Second Reading. a AGENDA ITEM SUMMARY ITEM NUMBER: 1; FORT COLLINS CITY COUNCIL DATE: October 2, 2001 STAFF: Edith Felchle SUBJECT: First Reading of Ordinance No. 152,2001,Authorizing the Conveyance to Legacy Land Trust of an Undivided Interest in the Sauer Open Space Conservation Easement,Authorizing a Grant Agreement with Great Outdoors Colorado, and Authorizing the Amendment of the Iritergovernmental Agreement with Larimer County and Loveland for the Sauer Open Space. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading ,� a FINANCIAL IMPACT: Failure to adopt the Ordinance may result in loss of approximately$500,000 in grant monies. EXECUTIVE SUMMARY: Sauer Open Space is located between Loveland and Fort Collins west of Taft Hill Road,abutting the southern portion of Coyote Ridge Natural Area. The property was purchased in 2000 by the City of Loveland, Larimer County, and the City of Fort Collins. The property is managed by the City of Loveland. Great Outdoors Colorado Trust Fund(GOCO)awarded a$500,000 grant to assist in purchase of the property. GOCO places certain requirements on landowners in order to protect the conservation values of the property. These restrictions are reflected in Ordinance No. 42, 2000, adopted on Second Reading on May 2,2000,authorizing the conveyance of a conservation easement to Latimer County. After that Council action was taken,GOCO determined that the proposed arrangement was not acceptable, and instead required that an outside party have the power to enforce the easement. Since the conveyance of an interest in the conservation easement to that party, the Legacy Land Trust,was not included in Ordinance No.42,2000,this Ordinance authorizes that Legacy Land Trust be provided an interest in the conservation easement. DATE: October 2, 2001 12 ITEM NUMBER: 13 This conveyance is expected to occur in either of two ways. One option is for the City to simply proceed with the approved conveyance of the conservation easement to Latimer County, followed by the assignment by Larimer County to the Land Trust of an interest in the conservation easement. The other option is to draw up a new conservation easement,essentially the same as the first,except for the addition of Legacy Land Trust as an additional recipient. Negotiations are continuing with GOCO as to which of these options will be acceptable. The City's interests are equally protected in either option. GOCO also has indicated that it has concerns about two stormwater detention ponds that are identified as a future use on the property in the Intergovernmental Agreement that the City,the City of Loveland and Larimer County entered into in March 2000. As a result,there may also be changes to that Intergovernmental Agreement to eliminate the references to the detention ponds, and to otherwise update the Agreement. It may also be possible to reduce the area of the property subject to the conservation easement,in order to allow the detention ponds x thepre but outside of the conservation easement. In that case the legal description of the conservatunt"eament would be modified to grant the easement over a smaller area. This Ordinance also authorizes the execution ofthe gran agreement with GOCO for the grant funds. Timing is crucial on this item. At the time of purchase, Larimer County used bond money for its portion of the purchase. The requirements of using bond money include having all documents related to the property signed by October 31,2001. Therefore,even though staff does not know the exact final form this transaction will take(option 1 or 2 above and the exact legal description if the detention ponds are excluded),it is eiifical that this item be considered on First Reading on October 2. At its September 5 meeting, the Natural Resources Advisory Board was made aware that this item was being brought to Council. A quorum was not present at the meeting, therefore, no action was taken. If the Board desires to make a recommendation,it may do so at its October 3 meeting,which would precede Second Reading of this item. Failure to adopt this Ordinance could result in loss of the GOCO grant monies.