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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/20/2016 - SECOND READING OF ORDINANCE NO. 108, 2016, AUTHORIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director Tawnya Ernst, Real Estate Specialist III SUBJECT Second Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 6, 2016, authorizes the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (PDF) 2. Ordinance No. 108, 2016 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director Tawnya Ernst, Real Estate Specialist III SUBJECT Items Relating to Horsetooth Foothills Land Conservation Project. EXECUTIVE SUMMARY A. Resolution 2016-071 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County for the Horsetooth Foothills Land Conservation Project. B. First Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. The purpose of this item is to seek City Council authorization to enter into an Intergovernmental Agreement (IGA) with Larimer County for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. Ordinance No. 108, 2016 will authorize the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Larimer County and the City have identified the foothills west of Fort Collins as a conservation priority and have partnered multiple times to conserve land in this area. The City’s Natural Areas Master Plan identifies the foothills west of Fort Collins as a key conservation priority. The area supports prime wildlife habitat and public access for outdoor recreation. Over the past two years, Larimer County Open Lands and/or Fort Collins Natural Areas have worked with four landowners who are interested in conveying their properties for conservation. Altogether about 2,726 acres of land (on four separate properties) could be added to the existing complex of 5,700 acres of public and private conserved lands south and west of Horsetooth Reservoir. The partnership between the County and City leverages the staff and funding resources necessary to acquire the properties. In addition to City and County resources, the partners applied to Great Outdoors Colorado (GOCO) for two grants. Larimer County submitted the grant applications on behalf of the partners. In 2015, the project was awarded a $1 million GOCO grant to help cover approximately $3 million in conservation costs to acquire 359 acres. The remaining costs of this fee acquisition will be split between the partners, with the County contributing approximately $1.25 million and the City $750,000. In 2016, the project was awarded a $4 million GOCO grant to help cover the approximately $9 million in conservation costs to conserve an additional 993 acres in Fee and 1,374 acres in Conservation Easements (CE). The remaining $5 million in costs will be split by the County and City approximately 50/50. ATTACHMENT 1 Agenda Item 9 Item # 9 Page 2 The County is the lead on three property negotiations and the City is the lead on one. GOCO requires that a conservation easement be placed upon all lands purchased in fee and the conservation easement must be held by a third party. The County will own and manage three properties totaling 852 acres and the City will hold the conservation easements. The City will own and manage one 500-acre property and the County will hold the GOCO-required conservation easement. The County will hold conservation easements on two additional properties totaling 1,076 acres and the City will hold conservation easements on two additional parcels totaling 308 acres. The attached Vicinity Map (Attachment 1) shows the general location of the four properties; the exact locations of the properties and the names of the property owners are not shown as the negotiations are still underway. CITY FINANCIAL IMPACTS The total cost to conserve the four properties as described is estimated at $12 million; which will be approximately split: GOCO $5 million, County $3.7 million, and City $3.3 million. The total area conserved will be 2,726 acres (1,352 acres in Fee and 1,374 acres in CE). BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board recommended unanimously that City Council approve the IGA with Larimer County to implement the Horsetooth Foothills Land Conservation Project. The Board stated this is exactly the kind of partnership that the City, County and GOCO should engage in for future land conservation. PUBLIC OUTREACH Natural Areas Department updated the Natural Areas Master Plan in 2014 after two years of public input. The Master Plan identifies foothills land conservation as a very high priority. ATTACHMENTS 1. Vicinity Map (PDF) 2. Land Conservation & Stewardship Board minutes, August 10, 2016 (PDF) -1- ORDINANCE NO. 108, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT TO LARIMER COUNTY ON PROPERTY TO BE ACQUIRED BY THE CITY AS PART OF THE HORSETOOTH FOOTHILLS LAND CONSERVATION PROJECT WHEREAS, the City and Larimer County have been working together on the purchase of interests in several properties in the foothills west of Fort Collins as part of the regional Horsetooth Foothills Land Conservation Project (the “Project”); and WHEREAS, Great Outdoors Colorado (GOCO) has awarded the County funding to assist in acquiring properties for the Project; and WHEREAS, the City Council is being asked to consider and approve, by separate resolution, an intergovernmental agreement between the City and the County regarding their respective roles in the Project (the “Agreement”); and WHEREAS, as part of the Project the City is currently negotiating to purchase a 500 acre property as described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the City, County and GOCO would each provide a portion of the funds needed for purchase of the Property; and WHEREAS, under the terms of the Agreement, if the City purchases the Property it would then convey a conservation easement on the Property to the County, in order to meet GOCO’s grant requirements; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of a conservation easement on the Property to Larimer County as provided herein, once the City has acquired the Property, is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey a conservation easement to the County on terms and conditions consistent -2- with this Ordinance, together with such terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the conservation easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Parcel I Those parcels of land in Sections 17, 18 and 20, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado as described in deeds recorded December 22, 1980 in Book 2094 at Page 60 and January 14, 1993 at Reception No. 93002989 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96002893 excepting therefrom those parcels described in deeds recorded January 14, 1993 at Reception No. 93002990 and February 19, 1993 at Reception No. 93010695 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96028092 and July 10, 1998 at Reception No. 98057894 Parcel II Lot 2 of the Boots Minor Land Division Plat in the Southwest Quarter of Section 8, Township 6 North, Range 69 West of the 6 th P.M., County of Larimer, State of Colorado. EXHIBIT A Parcel I Those parcels of land in Sections 17, 18 and 20, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado as described in deeds recorded December 22, 1980 in Book 2094 at Page 60 and January 14, 1993 at Reception No. 93002989 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96002893 excepting therefrom those parcels described in deeds recorded January 14, 1993 at Reception No. 93002990 and February 19, 1993 at Reception No. 93010695 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96028092 and July 10, 1998 at Reception No. 98057894 Parcel II Lot 2 of the Boots Minor Land Division Plat in the Southwest Quarter of Section 8, Township 6 North, Range 69 West of the 6 th P.M., County of Larimer, State of Colorado. EXHIBIT A