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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