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HomeMy WebLinkAbout1993-033-03/02/1993-CITIZEN INITIATED ORDINANCE IMPLEMENTATION GUIDELINES NATURAL AREAS POLICY PLAN NATURAL AREAS SALES RESOLUTION 93-33 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING POLICY DIRECTION AND APPROVING AND ADOPTING IMPLEMENTATION GUIDELINES FOR THE ADMINISTRATION OF THE 1/4 CENT NATURAL AREAS SALES TAX AND DIRECTING STAFF TO DEVELOP AND PRESENT TO COUNCIL A PLAN FOR FUTURE CARE AND DISPOSITION OF THE LANDS ACQUIRED BY REASON OF THE TAX WHEREAS, the Natural Areas Policy Plan was adopted in October, 1992 as an element of the City's Comprehensive Plan to direct City efforts with regard to the protection and preservation of natural areas; and WHEREAS, on November 3, 1992 the citizens of Fort Collins approved a citizen-initiated ordinance that established a 1/4 cent sales tax for five years to be used for the acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City of Fort Collins; and WHEREAS, the citizen-initiated ordinance vests the responsibility for managing the revenues from the 1/4 cent natural areas sales tax with the Council of the City of Fort Collins and such departments of the City as the Council designates; and WHEREAS, the Council of the City of Fort Collins desires to establish additional policies and guidelines regarding the administration of the 1/4 cent natural areas sales tax. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1 . That expenditures from the 1/4 cent natural areas sales tax shall be used to implement the Action Plan described in the Natural Areas Policy Plan, to the extent that said Action Plan is consistent with the specific uses prescribed in the citizen-initiated ordinance. Section 2. That such expenditures shall be evaluated by City Council annually as part of the City budget process. The following priorities shall be used to develop the recommended budget: 1st Land and Water Acquisition 2nd Long-term Maintenance 3rd -- Public Access and Trails 4th -- Interpretive and Educational Features 5th -- Habitat Restoration and Enhancement Projects 6th Public / Private Partnerships 7th Data Collection / Research Projects Section 3. That land acquisition proposals shall be designed to meet the community objective established in the Natural Areas Policy Plan of establishing a "system of publicly - owned natural areas to protect the integrity of critical conservation sites, protect corridors between natural areas, preserve outstanding examples of Fort Collins' diverse natural heritage, and provide a broad range of opportunities for educational , interpretive, and recreational programs to meet community needs. " In evaluating potential acquisition sites, priority shall be given to: a) natural areas with high resource value. b) properties where there is a willing seller and a comparatively low cost. C) natural areas that are not likely to be preserved without City action. d) natural areas that meet multiple City objectives or known objectives of other public agencies; and e) natural areas that offer special opportunities for public use. Section 4. That the Natural Resources Advisory Board and the Parks and Recreation Board shall provide oversight to the administration of the 1/4 cent natural areas tax by reviewing staff proposals and advising the City Council in the following areas: Acquisition Priorities Acquisition Proposals Guidelines for Resource Conservation, Public Access and Site Management Educational and Interpretive Programs Periodic Program Review Section 5. That City staff is directed to develop and present to the City Council an ordinance establishing a process for formally designating lands to be maintained as natural areas. Section 6. That City staff is directed to develop and present to the City Council a mechanism for funding the long-range maintenance of properties acquired with the 1/4 cent natural areas tax revenues. Section 7. That City staff is directed to develop and present to the City Council an ordinance establishing criteria and an appropriate public review process for changing the use or disposing of lands acquired with the 1/4 cent natural area tax revenues, in the event that such action may be considered in the future. Section 8. That City Council hereby approves and adopts the Implementation Guidelines included herein as Attachment A as administrative guidelines for implementing the 1/4 cent natural area tax. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 2nd day of March, A.D. 1993. mayor ATTEST: ' City Clark ATTACHMENT A IMPLEMENTATION GUIDELINES General direction for Natural Area programs comes from the Natural Areas Policy Plan and the citizen-initiated ordinance that established the Natural Areas Sales Tax. These implementation guidelines provide more detailed information to clarify the mechanics of the implementation process. The guidelines are formatted in question and answer format to respond to key questions about how the program will be implemented. What Department is responsible for implementing the Natural Areas Policy Plan? The City Manager has ultimate responsibility for implementing adopted plans and policies. He has assigned the Natural Resources Division as the lead department for implementing the plan. However, implementation will require an interdepartmental approach. Interdepartmental efforts will be coordinated through the existing River and Open Lands Guidance Team. Other key departments involved in this team include Right- of -Way, Parks Planning and Development, Planning, Stormwater, and Water & Wastewater. What Department will be responsible for administering the funds generated by the quarter-cent sales tax for Natural Areas? The City Manager develops a recommended budget for consideration by City Council . The Natural Resources Division will prepare the annual budget proposal and administer expenditures from the fund, subject to the supervision of the Financial Officer. Project planning and budgeting will be coordinated with Parks Planning and Development, Parks Maintenance, and other departments through the River and Open Lands Guidance Team. The budget and accounting procedures for the Natural Areas fund will be identical to those used on all City capital funds. An annual budget proposal will be submitted by the department, reviewed and approved by the City Manager as part of the recommended budget, and then reviewed and approved by City Council . How will the quarter-cent sales tax be administered within the overall City budget? Ordinance No. 114, 1992, created a separate fund to account for the revenue generated by the 0.25 cent sales and use tax created by the citizen-initiated ordinance. The "1/4 Cent Natural Areas Project Fund" is a new fund within the Capital Projects Fund. Natural Areas -- 2 Separate projects or accounts will be created within the 1/4 Cent Natural Areas Project Fund to account for various types of expenditures. The initial breakdown will include the following categories: * Land and Water Acquisition * Maintenance * Public Access and Trails * Interpretive/Educational Features * Habitat Restoration/Enhancement * Public/Private Partnerships * Data Collection/Research * Administrative Charges Additional categories may be added in the future if needed. For example, large restoration or enhancement projects, or trail construction projects would be defined as distinct capital projects. What types of expenditures would be allowed from the Natural Areas Fund? Funds are to be used to implement the Natural Areas Policy Plan. Specific uses are specified in the citizen initiated ordinance as follows: acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas; management and maintenance of areas acquired; and purchase of water rights. The following types of expenditures are anticipated: Land and Water Acquisition * Land acquisition, including simple purchase agreements, lease purchases, donations, conservation and public access easements, and other mechanisms. * Acquisition of water rights needed to maintain or enhance natural areas. * Usual and customary costs associated with the acquisition of land or water, including legal fees, appraisals, environmental audits, title insurance, and others. * Fees to consultants or agents contracted by the City to assist with purchase negotiations. Any sales commission or fee paid by the City will be negotiated on a case by case basis. * A study to determine strategies for meeting evaporative loss augmentation requirements from gravel mines to be incorporated into the City's open space system. Costs of this study will be apportioned among several affected departments and programs, including natural areas, parks, river programs, and water and wastewater. Funding will also be sought from private gravel mining interests. Natural Areas -- 3 Maintenance * Labor and materials to provide current and future care and maintenance of new natural areas acquired by the City with Natural Area funds. * Materials, equipment, and training to assist volunteer community groups who participate in an Adopt-a-Natural Area program. Public Access and Trails * Design, materials, and construction costs for fencing, trails, restrooms, and parking areas needed to allow or enhance public use of natural areas. Interpretive/Educational Features * Design and production costs for brochures, slide shows, videos and other materials to facilitate public use, enjoyment, and understanding of natural areas. * Design, construction, and installation costs for interpretive signs, displays, and other features to facilitate public use and understanding of natural areas. * Materials needed to support community volunteers who assist in providing education and interpretive programs through a Master Naturalist's Network. Habitat Restoration/Enhancement * Design, labor, and materials for planning and implementing habitat restoration and enhancement projects. Public/Private Partnerships * Design, labor, and materials for planning and implementing natural area protection or enhancement projects in cooperation with private groups or organizations or private landowners. Data Collection/Research * Equipment and materials for the ongoing and expanded inventory of local natural areas. * Equipment and materials for monitoring the condition of local natural areas. * Equipment, materials, and stipends for internships and class projects that benefit management of local natural areas. * Cooperative research projects on the ecological condition and management of local natural areas. Natural Areas -- 4 * Surveys to assess public use of local natural areas and satisfaction with natural area programs. Administrative Charges * Standard charges applied to all funds within the City of Fort Collins, as established by Council budget policy. Are there specific restrictions on the use of the natural areas funds? The funds cannot be used for any purpose other than those specified in the citizen initiated ordinance: acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas; management and maintenance of areas acquired; and purchase of water rights. The intent of the initiative was to provide funding to implement the Natural Areas Plan. Thus, the funds would not be used as a substitute for existing funding. Existing staff and ongoing programs would not be funded from the Natural Areas Fund. How will the funds be distributed among acquisition, maintenance, and other uses? The distribution of funds among uses will be determined annually in the budget process. Staff will develop the annual budget recommendation based on the Action Plan contained in the Natural Areas Policy Plan and funding priorities established by City Council . The following relative priorities will be followed. 1st Land and Water Acquisition 2nd Maintenance 3rd -- Public Access and Trails 4th Interpretive and Educational Features 5th Habitat Restoration and Enhancement 6th Public / Private Partnerships 7th Data Collection / Research Projects These priorities are based on relative timing of activities (we need to acquire land before we manage it or enhance it) , as well as on relative cost as estimated in the Action Plan. Natural Areas 5 What is the estimated allocation of funds over the five-year period? A preliminary five-year forecast is included below. Projected 5-Year Budget for Natural Areas Fund Category Year Total 1993 1994 1995 1996 1997 1998 Revenues ($1,000's) 2,227 2,618 2,738 2,862 2,991 300 13,736 Expenditures (81,000's) Land and.Water Acquisition 2,177 2,467 2,540 2,576 768 10,528 Maintenance 0 30 53 76 2,013 140 2,312 Public Access and Trails 0 50 50 115 115 115 445 Interpretive/Educational Features 5 5 5 5 5 25 Habitat Restoration/Enhancement 30 30 30 30 30 150 Public/Private Partnerships 10 10 10 10 10 50 Data Collection/Research 5 5 5 5 5 25 Administrative Charges 0 21 45 45 45 45 201 This table is intended only as a general forecast based on available information and current program direction. The Action Plan accepted by City Council for implementing the Natural Areas Policy Plan is intended to be dynamic to respond to new opportunities and changing circumstances. The planned update to the Action Plan in 1994 will allow Council , the community, and staff the opportunity to review implementation progress and revise program direction and budget allocations. At that time, better information should be available to address several key issues, including (1) need and cost of water rights acquisition, (2) need and costs of additional trailheads, trails, and interpretive features, (3) costs of long-term maintenance, and (4) the opportunities provided by the passage of GO Colorado. The estimates presented are based on the following assumptions: Land and Water Acquisition. The projection assumes acquisition of both high and moderate priority natural areas (approximately 3,000 acres total ) . Available information suggests the total cost of these lands is approximately $11 .6 million. In addition to the funds shown in the table, an additional $1 .07 million is available for land acquisition from previous budget appropriations. Thus, the budget projection equals the estimated cost of the high and moderate priority areas. The preliminary budget forecast emphasizes land acquisition during the first three years and increases funding for other purposes in the latter two years. Maintenance. The projections for maintenance assume that maintenance needs will begin in the year following acquisition. Budget projections for 1994 -- 1996 would cover the annual maintenance costs for lands acquired previously. The Natural Areas 6 large increase shown in 1997 anticipates funding an "endowment" to provide for future management and maintenance of properties acquired with these tax revenues. Projected maintenance costs are based on an estimate of $36/acre. The City currently spends about $22/acre on open space maintenance, however, maintenance personnel believe this level is too low. Information from five other open space programs showed funding levels ranging from $22/acre to $51/acre. The figure of $36/acre was selected as a mid-range target for preliminary budget forecasting. The amount of money needed to be retained to fund long-term maintenance was estimated based on the assumptions of 3,000 acres of land, $36/acre costs, and an investment rate of return of 5%. Public Access and Trails. The projection for public access and trails is speculative at present. Parks Planning and Development plans to revise the Parks and Recreation Master Plan in 1994; new facilities in natural areas should be integrated with this master plan revision. In addition, management plans need to be prepared for both existing and new natural areas and this planning work is scheduled for 1993 -- 1995. Other Programs. The projections for other programs assume completion of two moderate-sized habitat enhancement/restoration projects each year and modest implementation of public/private partnerships, interpretive/educational features, and data collection/research projects. Administrative Charges. Administrative charges are as estimated by the City budget office. These charges are reviewed annually as part of the normal budget preparation process. Now that the Natural Areas fund is in place, will the City continue to seek partnerships and alternative funding sources? Absolutely. As directed by policy established in the Natural Areas Policy Plan, staff will aggressively seek other funding and partnership opportunities. We will seek to leverage as much as possible the funding provided through the Natural Areas Fund. Additional funds obtained will be added to the Fund and reflected in the budget on an annual basis. Will other City funds also be used for Natural Area programs? Yes. The Natural Areas Tax revenues will be used to add to other funding, not replace it. For example, the staff from the Natural Resources Division who implement Natural Areas programs are funded from the General Fund. The Natural Areas Policy Plan also has a regulatory component that is being developed with funding from the General Fund. In addition, several other City departments undertake activities that help implement the Natural Areas plan and these activities are funded from other sources. How will areas be prioritized for acquisition? The Natural Areas Plan sets an objective of establishing a "system of publicly- owned natural areas to protect the integrity of critical conservation sites, Natural Areas -- 7 protect corridors between natural areas, preserve outstanding examples of Fort Collins' diverse natural heritage, and provide a broad range of opportunities for educational , interpretive, and recreational programs to meet community needs. " In evaluating potential acquisition sites, priority will be given to: * Natural areas with high resource value; * Properties where there is a willing seller and a comparatively low cost; * Natural areas that are not likely to be preserved without City action; * Natural areas that meet multiple City objectives or known objectives of other public agencies; and * Natural areas that offer special opportunities for public use. Potential sites were evaluated against these criteria during development of the Natural Areas Plan and this evaluation is documented in Technical Memorandum 3. The priority list will be updated at least annually and reviewed by the Natural Resources Advisory Board, the Parks and Recreation Board, and City Council . How will citizens be involved in setting priorities? City staff will prepare an annual report of recommended priorities. When preparing the report, staff will seek input from citizens, neighborhood groups, interested organizations, and other governmental agencies. This information will be evaluated along with the inventory information and other evaluation criteria. Once the draft priority report is prepared, it will be available for public review. The recommendations will be reviewed in public meetings with the Natural Resources Advisory Board and the Parks and Recreation Board. Public input and comment will be solicited at these meetings. A final report will be compiled after the advisory boards have made their recommendations and the report will be submitted to the City Council . Citizens may recommend properties for evaluation for acquisition by submitting a letter to the Natural Resources Director. Staff will then evaluate the property with respect to the adopted acquisition criteria and compare the site to established priorities. If the conclusion of this evaluation is that the site merits acquisition, staff will recommend its addition to the list of priorities. The proposal will be presented to the Natural Resources Advisory Board and the Parks and Recreation Board for their recommendation. How will the City assure it gets a good price on lands that are acquired? Getting the best value possible will remain of paramount concern. As a standard practice, the City obtains current appraisal information on proposed acquisitions and uses these data to establish market value. We will encourage donations, partial donations, and below market sales, when possible. A variety of negotiation approaches may be used, depending on the circumstances Natural Areas -- 8 of a particular property. Staff may negotiate directly with a landowner. Alternately, the City sometimes may contract for the services of an individual who can negotiate on the City's behalf. If it would be advantageous, the City may also work with a private nonprofit organization on potential acquisitions. Negotiation strategies will be developed for each property by the River and Open Lands Guidance Team. Generally, a team of people will be involved in negotiations. A lead person will be assigned to work with the Right-of-Way agent and the City Attorney's office to complete the negotiations. How will the City assure that lands acquired as natural areas will remain that way in perpetuity? City Council has directed staff to take certain definite actions to address this issue. * Staff will develop and present to the City Council an ordinance to establish a process for formally designating lands to be maintained as natural areas. This designation will specify the intended use of the property as a natural area. As part of this process, notations will be entered on deeds to specifically identify lands acquired with Natural Area funds. This will provide a "flag" in the unlikely event that any such lands are proposed for conversion or sale. * Staff will develop and present to the City Council an ordinance to establish criteria and an appropriate public review process for changing the use or selling lands acquired with the I/4 cent natural area tax revenues, in the event that such action may be considered in the future. The ordinance will assure that lands acquired with natural area tax funds will not be converted to other uses or sold without a thorough evaluation and public review process. The Natural Areas fund cannot be used for purposes other than those specified in the ordinance. If any land acquired with natural areas funds is converted or sold, the fund will be reimbursed. Once areas are acquired, how will plans for management and public use be developed? The Natural Areas Plan set three policies to guide the management of public natural areas. PL-3 Manage, maintain, and enhance public natural areas to ensure the ongoing conservation of plants and animals that are in need of protection and their associated ecosystems; control the invasion and spread of undesirable nonnative plants and animals; improve aesthetics, and provide opportunities for public use. PL-4 Manage conflicts between people and natural areas through site design, public information and education, habitat manipulation, and plant and animal population management techniques. PL-5 Involve citizens in planning the management of public natural areas. Natural Areas -- 9 To meet these policies, specific management plans will be developed for existing and new natural areas. Management plans will be developed by interdepartmental teams. Boards and commissions, neighborhood groups, and the public will be actively involved in planning the management of public natural areas. This will be achieved via a variety of techniques including neighborhood meetings, tours, public review of draft management plans, and by including citizens, representatives from neighborhood groups, interested organizations, and others on management planning teams. What kind of oversight will there be of the natural areas fund and natural areas program? Ongoing oversight will be provided by the senior managers on the River and Open Lands Guidance Team. The Natural Resources Advisory Board and Parks and Recreation Board will provide oversight to the administration of the 1/4 cent natural areas tax by reviewing staff proposals and advising the City Council in the following areas: * Acquisition Priorities * Acquisition Proposals * Guidelines for Resource Conservation, Public Access, and Site Management * Educational and Interpretive Programs * Periodic Program Review. City Council will review progress and plans at least annually during the budget preparation process. The Natural Areas Policy Plan requires periodic reporting on the status of natural areas in the community. This reporting will occur at least every two years. In addition, a variety of media will be used to keep the community well informed on plans and progress, including City News, Environmental News, news releases, public tours, and community events.