HomeMy WebLinkAbout2002-013-02/05/2002-WITHDRAWING PRIOR DIRECTION TO THE CITY MANAGER TO ARRANGE FOR THE CONVEYANCE OF CERTAIN CITY PROPER RESOLUTION 2002-013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
WITHDRAWING PRIOR DIRECTION TO THE CITY MANAGER
TO ARRANGE FOR THE CONVEYANCE OF CERTAIN
CITY PROPERTY ACQUIRED THROUGH THE NATURAL
AREAS PROGRAM AND PROVIDING FOR A RIGHT OF FIRST REFUSAL
ON THAT PROPERTY FOR THE FORT COLLINS HOUSING AUTHORITY
WHEREAS, on November 2, 1999,the City Council adopted Resolution 99-133 approving
the acquisition of approximately 168 acres of land (the 'Property") from Willing Acres Company,
the majority of which is to be utilized as a City natural area; and
WHEREAS, in Section 5 of said Resolution, the City Council granted the Fort Collins
Housing Authority (the "Housing Authority") a first right of refusal, through February 29, 2000, to
acquire a portion of said property (the 'Development Parcel") from the City for the purpose of
utilizing the same, or a portion thereof, for affordable housing, with the understanding that the
proceeds of the sale of the development parcel would be deposited by the City into the natural areas
portion of the Building Community Choices Fund; and
WHEREAS,on February 15,2000,the City Council adopted Resolution 2000-38,extending
the time period for the Housing Authority to exercise its right of first refusal to acquire the
Development Parcel portion of the Property,due to the fact that further analysis was required at that
time both for the City to identify the Development Parcel and for the Housing Authority to
determine how the Development Parcel can best be utilized for affordable housing purposes; and
WHEREAS, since the adoption of Resolution 2000-38, the right of first refusal previously
granted to the Housing Authority has expired without being exercised, and it has been determined
that the Property may constitute valuable wildlife habitat that is desirable for the Natural Areas
program; and
WHEREAS,in order to allow for the further review of the habitat values of the Property,and
for any further analysis that may be required related to the undetermined matters identified in
Resolution 2000-38, staff has recommended that the City Council withdraw its direction to the City
Manager to dispose of the proposed Development Parcel; and
WHEREAS, it is the desire of the City Council that if it is determined in the future that a
Development Parcel is appropriate on the Property, and the sale of that Development Parcel is
desirable to the City at that time, the Housing Authority shall have a right of first refusal to acquire
such Development Parcel at the price and upon such terms and conditions as the City Council has
at that time determined to be acceptable, for the sole purpose of utilizing the same for affordable
housing.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That prior direction in Resolution 99-133 and Resolution 2000-38 to the City
Manager to investigate and carry out the identification and conveyance of a Development Parcel on
the Property is hereby withdrawn, in the light of the possible value of the Property as wildlife
habitat.
Section 2. That until such time as the City Manager determines that some portion of the
Property is not desirable for natural area purposes and identifies a Development Parcel appropriate
for conveyance, and such conveyance is approved by the City Council by ordinance, the entire
Property shall remain apart of the Natural Areas Program, and shall be managed consistent with the
related policies and practices.
Section 3. That in the event that a Development Parcel is identified on the Property to
be conveyed for development, the Housing Authority shall have a right of first refusal to acquire
such Development Parcel at the price and upon such terms and conditions as the City Council has
at that time determined to be acceptable, for the sole purpose of utilizing the same for affordable
housing.
Section 4. That upon the sale of such Development Parcel, the fair market value of the
property sold at the time of such sale shall be deposited by the City into the natural areas portion of
the Building Community Choices Fund.
Section 5. That any provisions of Resolution 99-133 or Resolution 2000-38 that are
inconsistent with the provisions of this Resolution are hereby superseded and shall be of no further
force and effect.
Passed and adopted at a regular meeting of the City Council held this 5th day of February,
A.D. 2002.
Mayor
ATTEST:
City Clerk