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HomeMy WebLinkAbout2011 Ordinance No. 021ORDINANCE NO . )/ SERIES OF 2011 - BY AUTHORITY CONTRACT NO. u TO-,;J..01 I COUNCll.. Bll..L NO. 23 Nl'RODUCED BY COUNCil.. MEMBER WU.SON AN ORDNANCE AIJTHORIZl1'G THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT REGARDING 2009 GRANT OF ARAPAHOE COUNIT OPEN SPACE PROGRAM FUNDS PROJECT !\AME: ORPHAN PROPERTY ACQUISITION/ IMPROVEMENTS . WHEREAS, in 2003 the voters of Arapaho• County approved a cowity,wide sales and use lax lo be used for specified Open Space ourposes as set forth in County Resolution No. 03081 : and WHEREAS, Resolution No . 03081 authorizetl Arapahoe Counly to award gmnts of funds from the Open Space Sales and Use Tax ("Grant Fun<lo") to be distributed to municipalities and special districts ; and WHEREAS, lhe City of Englewood Parks and Recreation Department applied for funding wider Open Space Grmt Fund program for the Orphan Pruptrly Acquisiliun/lmprovtmtnts Project; and WHEREAS, in 2009 Arapahoe Cowuy approved Englewood's application and was awarded an amount nol to exceed $74 ,200 for the Orphan Property Acquisition/Improvements Project ("Grant Project''); and WHEREAS, passage of this Ordinance approves the Intergovernmental Grant Agreement between Arapahoe Cowlly and the City of Englewood for the "Orphan Property Acquisition/Improvements''; NOW, THEREFORE, BE fl' ORDAINED BY THE CITY COUNCIL Ot· TifE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~ The Intergovernmental Agreement between the City of Englewood, Colorado, and Arapahoe Cowity, Colorado pertaining to the 2009 Grant of Arapahoe County Open Space Program Funds ProJcct Name : Orphan Property Acquisition/ Improvements, attached as Attachment I, is hereby accepted and approved by the Englewood City Council. ~-The Mayor is authorized to execute and the City Clerk to attest nnd seal the lntcrgovemmenlal Grant Agreement for and OD behalf of the City of Englcv ,od, Colorado . Introduced , read in full , and passed on first reading OD the 18th day of April, 201 I. Published by Title as a Bill for ru1 Ordinance in the City 's official newspaper on the 22nd day of April, 2011. Read by title and passed on final reading on the 2nd day of May , 201 I. 9 b iv Publi ,he<l by title in the City's official r.owspapcr •• Ordinance No.~/ •. ~cries of 2011. on ,,.,. (;111 day of May, 201 I. l'uti!ishcd by title on the City's official website beginnin~ on the 4th .fay o i M,1 y, 2n; 1 for thirty (30) days. I, Lo·;crishia A . Ellis, City Clerk oftl1e City of Englewood, Colorado, hereby ccnify that the :\bove :ind foregoing is a tru e copy of1hc Or'1i1rnnce pac;:se<i nn final readin g and published hy titl e as Ordinance No . .JL. Series of 2011. INTERGOVERNMENTAL AGREEMENT REGARDING 2009 GRANT OF ARA/'AHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: ORPiIAN PROPERTY ACQUISITION/ IMPROVEMENTS This Intergovernmental Agreement ("Agreement''), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No. 030381 ; and WHEREAS , Resolution Ne. 030381 authorizes the County to award grants of funds from trc Open Space Sales and Use Tax ("Grant Funds") to be di stributed to municipaliti•s and special districts, as more fully set forth therein ; WHEREAS, on May 19 , 2()09 the County approved the Grantee 's Project Application, which is Attached hereto• and ·:ncorporatcd by reference herein as Exhibit A, ("Project Application"), subject to the exe cution of an intergovernmental agreement und subject to the te rm!-: nnrl conciitinn~ contained herein; WHEREAS, the County desires to enter into intergovernmental agreements, as a condition of grant approval, with such municipalities and special districts that have been approved for grants from the County; and WHEREAS, these intergovernmental agreements are authorized by Article XIV, Section 18 of the Colorado Constitution and COLO . REV . STAT .§ 29-1-203 . NOW, THEREFORE, the County and the Grantee agree as follows : I. Amount of Grant. The CC1unty agrees to provide Grantee with Grant cunds in the amount not to exceed S 74,200 from the Arapahoe County Open Space, Parks and Trails Grant Program for the Orphan Property Acquisition/ Improvements ("Grnnt Project "). Of this amount, $22,000.00 is to be used for the acquisition of the Orphan Property, and the remainder in the amount of $52,200 is to be L -ed for the improvements portion of the Grant Project. 2. Use of Gron! Funds . Th e Grantee agrees that it shall only use the Grant Funds for the Grant Project, as set fo1th in Exhibit A. 3. J.ime For lli.!!_QLQrruJJ .Funds . The Grantee aiirees that such Grant Funds will be expended by no lat er than one year from the date of transfer of Grant Funds from the Grantor to the Grantee, unless a longer period of time is otherwise agreed to by the County in writing . 4. Interest on Grant Funds . The Grantee Cur.her agrees that, ofter rec eipt of its Grant, the Grantee will use any interest earned on the Grant only for the Grant Projer.l as sci fo11h in its approvcrl grant npplir.ation . 5. AdminiGJrntion of Gmnl Project. 11,c Grantee shall be responsihle for !lie di reel supervision uncl udminislrntiun of the Grant Project. The County shall not be liabie or rc:sponsible for any cost overruns on the Gram Project. Nor shall the County shall hove any duty or obligation lo provide any addit ional funding for the Grant Project if the Grant Project r.onnol he completed with the amount of Grant Funds awnrdcd by !h t County lo the Grnntee. u. Gpmt Pr<li ccl Site Yifills. Upon 24 hnnrs written notice 10 the Grantee, the Grantee agrees to allow the County lo make site visits before, during , el the u,mplction of and/or aft er the Grunt Project. 7. Admowledgemcnt of County hy Grantee. The Grantee ag,ees to ackuowledge the County ns n contribulur lo the Grunt Proj ect in all publicmions, news releases and other publicity issued by the Grantee rclalcd to the project and agrees 10 allow the County lo do the same. If any events are plann ed in regard to the Gran! Proj ect , the County shall be acknowledged as o contributor in the invitation tn such cvenls. Grar' · c shnli cooperate with the County in preparing public information pieces, pr ·.widing photos of the Gran! Prnject from tim e lo time, ,nd prov iding access to the Grant Project for publicity pu11ms es. 8. Requ ired Sign at Project Sile . Grantee ag,ces to c1 :·,•. u11J permanently maints;n at least one sign in a publicly visible Oi"'a in recognition of the b'l"Ont from L:e Arapahoe County Upen Space l'rc:;;nm. 1 he location, form, design, .,Jd wording of such sign shall be approved by the C::o•mty. Such sign shall be ercct ca prior to the completion of the Grant Project or its public opening, whichever is the earlier. 9. R~i:Ll!equirc1nc;_~. On or before January 31, 2012 the Grantee nr,rees tn provide the County with a Grant Project starus repc111 that describes the amount of progress in completing the Grant Project, Grant Project milestones, and the use of tl1c Grant Funµs to d•te. The stutus n:port shall include a spreadsheet c1mparing the original budget to acrual expenses, plus two (2) or more high resoluti11n digital ph otographs showing progress one! seasonal context at the Gron! Pmj ~c t site . Upon completion of the Grant Project, the G,antee also agrees lo .submit lo lhc r.ounty ., final repo11, including a cover letter and a final spreadsheet comparing tho origiJ\al budget lo uctunl expenses that certifies what the Grnul FunJs have l>t:en useJ Jur aml that the Gran! Funds have been used in accordance with Coun:y Resolution No. 030381. The final repon shall also include a detailed proje~t ,;ummory along with high resolution photographs of the various sta~es of the Grant Pr<1ject development a11d iLs completion . The Grantee further agrees 10 provide the Counry with an electronic copy of the final rerort, including separntc high resolution digitnl photogrtphs . The final report sh all be submiMed w ilhin tlu·ee (3) months of project completion unle,s a lonl(er period of time has been agreed to by the County in writing. The County shall be allowed 10 use infonn ation ;m d photographs from reports in publications, public information updates, an d on the County's web site. JO. fJ.il!l •~ 10 Submit Required Reports . Upon written notice from the County•~ Open Sp acr. Manager, informing the Grantee that it has foiled to submit any required sintus report and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Manager within lhirty (30) days, and, if it fails lo do so, the Grantee shall be deemed to be in violation this Agreement. The Grantee shall be ineligible for any future Grant Funds, until and unless such reports have been submitted to the County's Open Space Manager. 11 . RecQ!'_ci~ing Requirements . The Grantee shall maintain a complete set of books and records doc umenting its use of the Grant Funds and its supervision nnd udministration of tho Grant Project. The County or any of its duly authorized representativ es shall have reasonable access to any books , documents, papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts . The Grantee shall keep all books, documents, papers, and records , which are pertinent to the Grant Project, for a minimum of three years. Grantee agrees to report to the County any unexpended Grant Funds and consult with the County concerning proper accounting for unexpended Grant Funds prior to completion of the Grant Project fmal report. 12 . Reimbursement of Grant Funds. The Grantee understands and agrees that if the Grant Funds are not used in accordance with its approved Grant A?plication and/or this Agreement, or if the Grantee fails to execute and record the conservation easement as required by paragraph 17 herein, the Cc,unty may require the Grantee to reimburse the County in the amount of the Grant Funds. I 3. Remedies. The rights and remedit:S of the County IIS set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided by law. 14 . No Waiver of Rights. A waiver by either party to this Agreement of the breach or any term or provision of this Agreement shall not operate or be construed as a waiver of any sub sequent breach by either party. 15 . Changes to Grant Project. The Grantee agrees and understands that its Grant Project, once it has been approved by the County , may not be changed without the County 's prior approval. Changes must be requested in writing and may not begin until an amendment to this Agreement has been approved by the County . 16 . Transfer of Interest in Grant Projec' The Grantee unde rstands and agrees that no land or interests acquired with the Grant Funds as part of the Grant Project may be sold , leased, traded, or otherwise conveyed, nor may an exclusive license or permit on said land or interests be given, without prior approval of the Grantee 's governing bod y after conducting a public heating . The Grantee futther agrees if such sale , lease, c-ade or conveyance is made or an exclusive license or interest has been given, the proceeds shall be deposi te d in an open space fund to be used fo r purposes consistent with Resolution No . 030381 . 17 . Use Restriction . Upon the acquisition of' the 0,phan l'ropc11y, the Grantee shnll 11romptly execute and record a conservation casement in the form attached ;,crcto as Exhib it B. The rec ord ing of the conservation casement shall be pri or 10 the recording of any other lien s or encumbrnnces on the propc1ty . l S. Maintenance: Grantee dgrecs to ussume rc spcnsibility for continuous loni.-t erm maintenance and public safety of open space lands , trails, recreation f'acilitic,, amenities, sig11agc or other projects funded by this County Open Space Grant. 19 . Relationship of the Partic,s. The Grantee shall pcrfom1 all duties and obligations under this Agreement as an ind epend ent contractor and shall 1101 be deemed by virtue of this Agreement lo ha ve entered into any partne rs hip, joint ventu re, employer/employee, or other relation ship with the County . 20 . No Th ird Party Bcn cficjarjcs . Nothing ,n thi s Agreement sha:t give or allow any claim or right of act ion whatsoever by rny IHrd party, inc luding, but not limited 10 , any agents or co ntractors of tl1c Grantee. 21. Severubility. Should any one or more prov :sions of this Agreement be detcm1ined •o he illegal or unenforceable, ell other p1o vi sions nevertheless shall remain effective; provided , however, the parties shall forthwi th enter into good faith negotiations and proceed with due diligen ce lo craft a pro vi sion that will achie ve the origin al intent oflhe parties hereunder . 22. Writlon Amendment Required. This Agreement may be ameoded, modified , or changed, in whole or in pan, only by written agreement duly autho,i zed and executed by the County and the Grantee . 23 . Venue . Venue for the trial of any action arising out of any dispute hereunde r shall be in Arapahoe County District Court, pursuant lo the appropriate rules of ci-. ,I procedure. 24 . Notices. Notices , as referred to in this Agreement, shall be sent to : COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Color•do 801 66-0 00 1 •nd Arapahoe County Attorney 5334 South Prince Street Littl eton, Colorado 80166-0001 and Arapahoe County Open Space Man ager 10730 East Briarwood Avenue, Sui te 100 Centennial, Colorad c 80112-3853 and 4 CITY: Dave Lee Manager of Open Space Dept of ,'arks and Recreation City of Englewood ! 155 W Ox.ford, Englewood, CO 80110 25. fillP.licable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 26. Extent of Agreement. This Agreement constitutes the entire agreement of the parties hereto. The ponies agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the variou; promises and cov~11an1s contained herein are mutually agreed upon and are in consideration of one another. 27. Counterparts . This Agreement may be executed in m:.tltiple counterparts, each of which will be deem•' , be an original and all of which taken toge!her wiU constitute one and t1 ,· -'!11C agreement. 28. Incorporation of Exhibits. Unless otherwise stated in this A1treement, any exhibits, applicetions, resolutions, or other documents reference(\ in this Agreement shalt be incorporated by reference into this Agreement for all purposes . 29. Sectjon Headings. The headings for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agree:nent. 30. Disbursement of Grant Funds. The County shall, upon 1t least thirty (30) days notice from Grantee, transrer $22,000 or the Grant Fw•ds to the closing for the acquisition of the Orphan Property. FoUowing the acqwsition of the Orphan Property by Grantee, the remainder of the Grant Funds shall, when requested by Grantee, be transferred by ACH Authorization to Grantee. 31. Sigm:tures. The signatories to this Agreement represent that they are fully authodzed to execute this Agreement and bind the ir respective r,ntities . [N WITNESS WHEREOI', the County on<l the Grnnlc< hove cxcculcd this Agreement as of rhc dmc set fonh below. DA TED this ____ tiny of _______ . 201 I. ATfEST: GRA'ITEE : By: By : __________ _ N-:a_rn_c---=L-o_u_c_r_· 1'""· s""'hc-1-;--, a-A::--. -=-Eu· is Name Title : Chy Clerk Titl e : James K., Woodward Mayor ATTEST : By: ___________ _ Nun~y A . Duly , Clerk to the Board COUNTY Or ARAPAHOE STA TE OF COLORADO By: _____________ _ Shumiun Cu11or, Soceial Assislanl lo the BOCC Pursuant lo Rcsol~tion # I 00140 6 2009 ARAPAHOECOUNTY,COLORADO Open Space, Parks, and Trails Grant Application Applicant Name: City of Englewood Project Name: Orphan Property Acqu isition/Improvements Contact Information : Gary Hultberg, Recreation Manager Department of Parks and Recreation 1155 W . Oxford Avenue, Englewood, CO 80110 303-762-2682 phone ghultberg@enqlewoodgov.6rq TABLE OF CONTENTS Section Page Number Executive Summary Page 3 ------·-----------··-·--- Part A Contact and General Project !;,formation Page 3 ------------------·---·-·· --··· Part C Open Space Acquisition Projects Page 6 ---------·-·----------------·-· Part E Management And Maintenance Projects Page7 Part F Project Narrative and Selection Criteria Page 7 Part G Evidence and Suppo•t Page 10 Part H Maps Page 16 -------·------~---- Part I Budget Page 20 A rap ahoe County Open Space , Parks, an<: Trails Grant llpplica llor Page 2 o f 20 Executive Summary The City of Englewood has partnered with many organizations end public agencies in an effort to preserve lands, enhance wildlife habitat and Improve recreational opportuni ties along the South Platte River corridor . The City is requesllng Arapahoe County grant support for the acquis ition and improvements to a .719 acre parcel of land known as the Fire Training Academy Orphan Property . The parcel is ln;;.~ted along the Big Dry Creek Trail at the confluence of the Big Dry Creek and the South Platte River. The grant application will further discus~ the Importance of preserving this property as open ~pace and Its potential as an important, strategically located trailhead for th-, Big Dry Creek Trail a.1,J Mary Carter Greenway . The Orphan Propt,rty has long been identified as an important acquis ition by the City of Englewood ~nd more recently t,y the South Platte Working Group . Proposed improvements !o the property include modest !railhead amen ities; including parking lot, pavilion w;th picnic tables, !railhead signage and trail connections to the Big Dry Creek Trail. Arapahoe County Open Space, Parks and Trails Grant Application Part A-CONTACT INFORMATION Project Type : D Trai ls D Education ✓ Open Space D Planning o Parks D ManagemenVMaintenance D Other (please describe) Name of Project: Ore,~a11 Property Acqu isition/Improvements Date : 01/30109 APPLICANT INFORMATION: City of Englewood Name of Applicant (Mun icip~l ity or Di•trict) 1155 W. Oxford Avenue Official Address: Street or PO Box Eng lewood City 80110 Zip Code t::ell Pho ne : _.......,3..,0'-"3'-'·9,._4'--'4'-'•9._1'""2~1 ___ _ Name of Partners : n/a Gary Hultberg Primary Contact Person Recreation Ma · 1ager Ti~e of Contact Person 303-762-26tl2 Agency Phone Applicant l'ederal Employer ID Number (FEIN): __ _,8""4'--'·6::.:0.,0"'0...,-5.,8.,,3'---------- Ara pahoe County Open Spa ce , Parks . and Trails Grant Appl icat ion Page 3 of 20 uthorized Agent Name & Signature: I, Jerrell Black, Director of Parks and Recreation, hereby affirm that I am the authorized agent for the City of Englewood, which Is applying for the grant as described herein, and that I am legally authorized on behalf of said entity to apply as its agent for this Arapahoe County Open Space, Parks , and Trails , ,rant. ~- GRAND TOTALS FROM BUDGET PAGE: 1. Grant Request 2. Cash Match Funds ,. In-kind Match 4. Total Project Cost ABSTRACT: $74,200 $24,800 S 99,000 (25%) Narr-~ of City/ Rec-or Metro District: City of Englewood Name of Project: Orphan Property Acquisition/Improvements Brief Di.scriptlon of project: The City of Englewood seeks to acquire ownership of . 719 acres (lf land known as the Fire Academy Orphan Property. The property is located just east of the South Platte River on the Big Dry Creek Trail. The City would like to add trallhead improvements including a small parking lot, pavilion, landscaping, and trail connections to Big Dry Creek Trail. The location of the Orphan Property near the confluence of Big Ory Creek and the South Platte River makes ii an ideal candidate for acquisition , preservation , and improvements . A cquisition of this property has been a priority of the City or Englewood and the South Platte Working Group and has the support of several organizations and government agendas . PROJECT LOCATION INFORMATION Project Site Stre9 t Address 4 700 blo,.k of Wyandot Street Cross Street (Nearest) __ ~U~n=io~n~ GPS Coord im,tes (if available): _____ _ Section/T ownship/Range :_...,9""/5"'/'"68"----------- County Commissioner D istrict #_.......,D~is"'t~ric~t~1 __ Arapaho e County Open Space . Pa·ks, and Trail s Grant Appilcation Page 4 of 20 PHOTOGRAPHS ~!~~'l~,'1~!i~~:· ' ~ . .. . _, •-·A,~- ~ , ·~ "·f\;,;-. 1111, ... ;,, }r'; LAND OWNERlSHIP AT PROJECT SITE Nam,, of Land Owner at Project Site : City of Littleton City of Englewood. Castfewood Fire Protect,_•m District Bancroft Fire Protection Di~trict. Littleton Fjre Protectjon District Evidence of ownership , or agreements/ easements for trail corridor I conservation easements : n Fncloc.ed ✓ Will forward If requested O Not yet available (Explain) ✓ Applicant agency can verify ifs leg al authority to Implement the proposed project 011 tnis land . Part C -Open Space Acquisition Projects TYPE OF OPEN SPACE ACQUISITION ✓ Fee Sim ,la Ac.-quisilion o Watar Rig hts/Quantity ____ _ IJ Conservation Easero1 e11t Acquisition □Other Gross Acreage __ J'..1_9__ Location 4700 Block of Wyandot Street Proximity to existing Open Space , Park(s) or Trailhead (miles) Belleview Park Trailhead .5 miles Centennial Park Trailhead .1.~m=ll=e~s __ _ PROJECT INFORMATION -PRESERVATION/CONSERVATION VALUES (CHECK ALL THAT APPLY) ✓ Urban Open Spece ✓ Natural Areas o Water Quality ✓ Views and Vistas 0 WildlWe Habit;it and Movement Corridors O Community Buffers ✓ Passive Outdor,r Recreation O Natural and Cu1iural Heritage D Regional/Community Connection o Rural Open Space u Agricultural or Ranch Lands ✓ Lakes . Rivers or Streams Corridors D Ridgelines ✓ Trail Corridors ✓ Floodplains and Wetlands o Historic Site ✓-Access to Public Lands D Part of a larger Open Space or Park project Arapahoe County Open Space . Parks , and Trails Grant Appl ication Page 6 of 20 Part E -MANAGEMENT AND MAINTENANCE PROJECTS (OJECT INFORMATION •' In-prove, Resto re and /or Protect Ope n Space Lands ✓ Manag6 . Patrol and Maintain Lands ✓ Pay fo r Cons truc tion. Equ ipme nt . and :or lr,provements ~ Fund E~vi ron me nt al Educat ion , .. Ot he r _______ _ Part F. DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA 1, Project Description 20 points The City of Englewood has partnered with many organizations and government agencies in an effort to preserve lands, enhance wildlife habitat and Improve re crea tiona l opportunities along the South Platte River corridor . The Fire Academy Orphan property, at , 71E acres , is completely within the Englewood City limits and is part of a larger property of 3.3 acres owned by a consort iu m of fire departments and districts, including : the City of Littleton . the City of Englewood , the Castlewood Fire Protection District . the Bancroft Fire Protectio n District. and the Littleton Fire "-electio n District. The sou thern parcel is used as a fire training academy for the consortium. The northern "Orphan" Property is separated from the training academy by Big Dry Creek and the Big Dry Creek Trail . The consortium of fire agencies has expressed their desire to sell the northern Orphan Property . Although the subject parcel is not a large property , its location within the South Platte corridor and close proxim ity to the J ig Dry Creek Trail and Mary Carter Greenway makes it an ideal candidate for preservat ion, restoration of urban open space and floodplain protection . The Orphan property will serve as a natural barrier between developed areas and Big Dry Creek 3nd the So Jth Platte River . In addition to acquisition , the City is proposing to add som& modest impr•,vements to the site ro enhance recreational opportunitie,;, wh il e limiting impac:t on wildlife habitat and riparian areas . Proposed improvements include a small par;;ing lot. pavilion with picn ic tables, bike racks : trail connections from the parkin g lot ancJ oavilion to the Big Dry Creek Trail, landscapin g, C."•j :":;·r,,2-;,:i s g,a;-e -... ~C r;.· ;,r, ;..1•.:.c e·-::, s ·1':/, tr:, lh ea•: a ms ri :;:-s '::, I c:.,10 --rri t·:i tr,0 5~ :::i r ~tr JCt ':C ;r CJst·i1 no Pa r.-: a s par. of a ~re·,,o _s A-a~a M e ::cun :;,City o' En,,,;,,-.,,)o'.I gr a": pr::_e~: ;.,c,;-i :.·.Jf :0.~ .1 : ;.,;~ ~;:):r:, P :,i ·.,; :1 .. : -ra , ~ G1 ?.r · ,:.::~ ~:,: :: .... Pa ge ? cl ~Si The Big Dry Creek.Trail runs through the northern part of the Orphan Property before crossing the South Platte pedestrian bridge and connect ing to the Mary Carter Greenway . South Suburban Parks and Recreation District holds an easement with the property owners (fire consortium) for trail maintenance . The City and South Suburban have had dis cussions regarding the Orphan property acquisition and improvements and have agreed to work together for plann ed amanllles and long term maintenance. 2. County and Community Benefits 25 points Sample tmlhoad slgr.ogo Preserving open space and native areas , enhancing trail access and adding trail user amenities are objectives of the Orphan Property acquisition/improvements project . Pe riodically, the City of Englewood conducts a comprehensive citi zen survey . Open sp3ce preservat ion and trai l additions/enhancements are consistently ranked as a high priority . This project will : protect the floodp lain, provide a buffer between urban development and Big Dry Creek and the Sou,;, Platte River, and provide new !railhead access with amenities . Ultimately, this project will benefit all who use Big Dry Creek Tran , the Mary Carter Greenway, and connecting traits . The new trallhead will augment Englewood amJ Arapahoe County 's previous projects that provided trallhead improvements at Belleview, Centenn ial, and Cushing Parks. Belleview and Centennial Parks are Englewood 's largest community parks . With the completion of the Big Dry Creek pedestrian bridge over th o South Platte River, the two perks are connected by Big Dry Cr&;,k Trait and Mary Carte r Greenway. TI10 Orphan property, with its proposed trail amenities, is convenlenUy located approx imately midway between the twc, parks . Tra il use at thl~ silo has Increased greatly es a result of the pedestrian bridge connection between these popular parks . 3. Planning and ileslgn 25 points Preservation of land with in the Sou th Platte River corridor has long been a high priority for Englt>wood and all communities benefiting from this valued but underutilized resour ce. ,~ 2002 the City of Englewood, City of Sherldar and Arapahoe County recognized the need lo : 1) Increase the recreational value of the corridor. 2) Preserve natural areas and protect water quality. 3) Encourage land uses that are compatible with recreational goals. To that end , the City and its .iartr,ers, sup~ .rted by grants from the Great Outdoors Colorado Trust Fund and Arapahoe Caunty CommJn ity Deve!opment Block Grant Funds, developed the South Platte River Open Space Plan. The plan Included protection by acquisit ion of several corridor properties, Includ ing the subject Flra Tra ining Orphan pa ·:el. Englewood's comprehensive Plan (2003) and Pa rk and Recreation Master Plan (2006) also support preser vation of natural areas along the South Platte River corridor. The South Platte Working Group (SPWG) was f.:,rm ed In 2006 to allow communit ies with lim ited resources to join togather and create a n~w . shared vis ion for the South Platte Greenway . The Arapahoe County Op•~ Space , Par ks, and Tra il s Grant Appllcatlcn Page a ~r 20 SPWG was establlsh,,d as a consensus-based, multi-agency forum lo prioritize land acquisition and conservation, trail development ; and target recreational enhancements along the South Platte Greenway In western Arapahoe County. To that end the SPING, through Arapahoe County, was successful in obtaining a granl of $5.25 million from Great Outdoors Colorado (GOCO). The GOCO grant will be combined with more than $20 million In matching funds from SPWG members, Including the City of Englew1.,od . One of the parcels listed for acquisition/preservation Is the north parcel of the fire train ing training academy, the Orphan Property. F. oposed improvements to the property Include a small parking lot (eight lo ten vehicles), pavilion wilh picnic table , landscaping, bike rack, !railhead slgnage, and trail connections to Big Dry Creek Trail . Assuming that our grant application Is st1 ccessful , the Clly is prepared to move ahead wllh acquisition negot iations and complete improvements to the property . We anticipate completing the project In June 2010 . Project Timeline : ACOS Grant Award Inter-Governmental Agreements Finalized Acqu isition Complete Bid Project Improvements Award Bid Construction Projecl Comp leted 4. Partnerships 25 points June 2009 August 2009 November 2009 January 2010 February 2010 April/May 20 10 June 2010 A number of different agencies have come together in support of this project . Meetings have been held with the Fire Training Academy Board, Arapahoe County Open Space Grants Administrator, South Suburban Parks and Recreation District, ond the South Platte Working Group . The Fire Academy Board of Directors, representing the property owner consortium, hes Indicated their des ire to sell the property and has submllted a letter or support. Englewood will continue to work with South Suburban Parks and Recreation District to coord inate !railhead improvements and long term maintenance . Endosed are support letters from : Englewood Parks and Recreation Commission, South Suburban Park Foundation , South Suburban Parks and Recreation District, the South Platte Working Group, and the Metro Fire Training Center , Board of Directors The parks department intends tc , enlist tho volunteer assistance of the Englewood Youth Council and Englewood High School community service workers for grounds maintenance . These groups regularly choose parks and trail clean up projects and have expresseri Interest In lhe Big Dry Creek Tra il and Orpha n Property . Wh ile the Chy has worked with s,weral agencies, Englewood will be cont ri but ing 100% or the matching funds for this projecl. The $24 ,800 match equates to 25% of the estimated total project cos l of $99,000. A1apahoe Co,inty Open Spa ce, Park s. and Trails Graot Appll cati c 1 Page 9 of 20 5. Long-term Maintenance 15 points With the successful acquisition and Improvements of l~ .. Orphan Property, the City's Parks and Recreation Department will be responsible for management and maintenance . While management of lhe native area and !railhead facilities will be overseen by Englewood, South Suburban Parks and Recreation has Big Dry Creek Trail management responsibilities through the southern portion (trail easement). Because the trail Intersects the property , there will be some shared responsibilities and coordination between the City and South Suburban . As has been !hr• r.ase with other Englewood parks and South Suburban trail managen'ent , the two agenc ies hRve developed effective agreern!lnls resulting in attractive . well maintAined trail co rridors . 6 . Connectivity 10 points As previously dlscuss eid, access lo Big Dry Creek and Mary Carter Greenway trails and the parks and open space they connect is a high priority for Englewood and South Platte Worxing Group partner ".. The location of the Fire Academy Orphan Property at the confluence of B·g Dry Creek and the Soul~ Platte River makes It an Ideal trailh end . From the new trallhead, tra il users can access lhA El io Dry Creek Trail east th rough Bellevi ew and Progress Park s and will eventual 1y co nnect to the Highline Canal Trail. lmmodlotoly to th e west, the Big Dry Creek Trail co 11nects with the Mory Carter Greenway via the pedeslrian bri dge over Ille South Platte River The Mary carter Greenway travels north into Denver ancJ beyond (North of Englewood the trail is called the South Platte River Trail). To the south , the trail passes through Littleton , South Platte Park, and into Chatfie ld State Park . The Orphan Property acquisition and trailhead improvements will greatly improve access to this expansive network of interconnecting trails enjoyed by more than 700,0~0 users each year . Trails are used for recre11lion as well as commuting, and uses range from walking and runn ing lo bi<ing and roller blading . Part G -Evidence of Support -------------------------- See following pages . Ar apahoe County Open Space, Parks, and Trails Grant Application Page 10 of 20 C f, T y 0 F ENGLEWOOD PARKS ANO RECREATION COMMISSION January 9, 2009 Aropohoe County Open Space m1d Trnils Advisory Board 10730 Eosl Brinrwood Avenue, Suite 100 C'cnlcnnial , CD 80112 Advisory Buartl Mc:mbcrs : P\e:1sc consider our letter In suppor1 of the City 's !,'l'ilnl npf)lio:111ion for Acquisition .ind Improvements of the Fire Ac,demy Orphan Property . The Parks and Recreation Commission suppo11s the protection oflond adjacent to the South Plalle Riwr nnd 1he reg ionnl trail sys·ems . The Orphnn Property will providt: ndditional recre,nionnl opportunities lOr Englewood and Arapohoe County residents by providins an odditian,I trnil hcod and 1roil nmcnities . The locoliun of the porc,I.011'.1e con0uencc of Bi~ Dry Creek and the South Plane River, is idcol for lond preservOlion and trail head access 10 the Bis Dry Creek and Mary Caner Green"·:ty trnils . Th ank you for your consideration of this imponnnt project. Sincer~l y:,,.._ a '., Austin Gomes. Chair Parks and Recrention Advisory Boord 115 5 W , Oxford Avenu, Englewooo, Color.idu 001 IIJ Pt\one 30 .1-762 -2660 Fal( 303-762 -2 688 '"''"''-cl.en;i,wuod.co u, Arapahoe Counly Open Space, Parks. and Trdils Granl Applicalion Page 11 of 20 C T y i..,ua, y 9, 2009 0 F F i R , {' ENGLEWOOD D E P A R T M t N T Arnpahoc Counly Upcn Space and Tra:)s Advbmry Board IU/30 East Uriorwood A\'CllUC , Suite 100 Ccmcnninl, CO 80112 Advisory B0urd Members: l am wailing lhis bucr as a representative of the Boord of Directors of 1he Metro Fire Training Ce111cr wltich is localed 31 2300 W. Chenango, Englewood, CO 80110. 1t is lhc inler.l of t!le Board of Directors to enter into negotiations for lhc sale of whnl is known as Che ''B" porccl oflhc Metro Fire Training Center . The position of the Rom'd is l o di spos e of parcel "8", ass1 ,ming an uerecnhlc set1lcmcr1 c:m hr. rr.:ir.hr.ti . We i,:;uppor1 rhr: City of Engl c'-"•ood ·,-grant 3pplicati~n for acquisi1ion and improvement of th :s properly. The pla ns for preserv ing the sile for public use and cnhoncing tr3il occcs,; arc ccru1inly oppropriatc for this p11rccl. Thank you for considering 1hc City's grant n:qucsL Sincuely, Mike rauarozzi :.l</' Fi re Chief J615 5 Utiti Sl1l'et Cng!@1~100J,Colot.tt.'0 ao110 Admini,11 ,111011 J0)-i!,2-?470 FAX J0J,7 6?•2406 W\WIY.~nalf'IYOodgov.Ofl Arapahoe Counly Open Space, Parks , and Trails Grant Appl icalion Page 12 or 20 SOUTH PLATTE WORKING GROUP January 15, 2009 Arapahoe Counly Open Space and Trails Advisory Board 10730 East Briarwood Avenue, Suite 100 Centennial, CO 80112-3853 Dear Advisory Board Members, The South Plalle River Working Group (SPWG) Is writing this letter In support of the City of Englewood 's grant appllcallon for the acqulsJUon of and Improvements to a .75-aae parcel of land currentty owned by the Fire Training Center, which Is adjacent to the South Platte River in Englewood. As you may know, the SPWG Is a consensus-based, multi-agency forum to promote open space acqulslUon, trail development and targeted recreation enhancements along the South Plalle Greenway in western Arapahoe County. This parcel is a crlllcat piece or the SPWG vision through the City of Englewood. Over the past two years, the SPWG has prepared a list of prioriUes throughout tl1!e South Platte Corridor . The north parcel ol lhe Fire Training Aci.derny known es the 'Orphan Property" Is on the SPWG's priority 11st because of Its Importance In providing recreailonal access and ameniUes for Arapahoe County citizens. The SPWG membt1rs strungly support Englewood's commitment lo acquiring and improving this propeny. We believe that parking ; trallhead access and other amenities envisioned for this site will beneni alt Arapahoe Ccunty residents . Thank yoo for your consideration ol the City of Englewood's grant application . Sincerely, Susan Beckman, Commi5sloner Arapahoe County Debbie Brinkman , Councilwoman City of Llttleton Gale Christy Town or Columbine Valley Cliff Mueller City of Sherldsn Bobb ie Sheffield Souti1 Me~o Land Conservancy Bob Toll, Dire ctor Arapehoa County Open Space Jim Woodward, Mayor City or Englewood Debbie \Jelcik, Director Parks, Trails and RecreaUon Greenwood Village Beverly Bradshaw, Chair South Suburban Pan<s Foundation Dave Lorenz, Executive Director South Suburtan Parl<s and ReaeaUon Sue Rosser City of Cer,tennlal Justin Spring Trust lor Public Land Klaslna VanderWerf, Cow,1cilwoman Cherry Hills Village Arapahoe County Open Space. Parks . and Trails Grant Applica tion Page 13 of 20 .·South Suburban Park Foundation ·.-\., -· , • -: ... :a· . .t.)~ ~::.z:;,_ January 23. 2009 fifi :il s()\1 t:I, l Jni vcr:;i l:y B,11,l1 ·.vn.-c J. C t.:1lb .. ~111,ial, Cnl,,r:1Jl 1 a01 ~1 303 -7!Jll -5131 · l'od03-798-30:;o Arapahoe Co,,nty Open Space Grant Review Committee 10730 E. Briarwood Ave. 11100 Committee Member ,. The South Suburban Park Foundation is pleased to write this letter in support of the City of Englewood's grant application. The acquisition of the Fire Academy Orphan property will he a valuable addition to the South Platte River corridor trail system. This area io particular would be perfect for a trai l head to the Big Dry Creek Trail and would enhance the trail eKpcrlcncc. Preservation of this native area for generations to come 1s consistent with the South Suburban Park ~oundation's, South Platte Working Group's and Arapahoe County's goals for the river corridor. We understand that the grant request also includes !rail head improvements to the Orphan property. allowing for greater access to Big Dry Cr~ek and the Mary Carter Gre9nway trails. The Foundation has a rich history of partnering with the City ofEnglewood in many trail additions and Improvements. Thank you for considering ,~is Important project as ·a potential grant recipient Sincer ~ly, Beverly f. Bradshaw, Chair South Suburban Park Foundation ~,oc,oedooo.. ~ legacy of .greenw11y trnils, open SF ace and recrea':i(rnal amenities! Ara oahoe County upen Space, Parks, and Trails Granl Applicalion Page 14 ol 20 January 22, 2009 South Suburban PARKS AND RECREATION Open Space and Trnils Advisor)' Board do Arapahoe County Open Space Division 10730 E . Briurwood Ave., Suite 100 Centennial, CO 80112 Dear Grant Rt:view Commiltc:e: Ple3se consider this our letter of support for Englewood's grant application lo acquire the property locntcd nlong the South Platte River corridor nndjust north of the Big Dry Creek Trail (which is maintained by South Suburban), informally known as the uorphan property." We huvt: mcl with Englt:wood Chy officials nnsite and have discussed the possibility of a trailhend, which would serve both the Bii: Dry Creek Trnil and the Mary Carter Greenway. We feel that acquisition of this appro,imately 0. 75-ac•~ parcel is another step towards the goal of cnh1111eing recrr.ntir,n users' experience along the River Corridor and is another opportunity to provide much needed user access to all nearby trail corridors. Your financial ,upport of this proposed project would be appreciated. Sincerely, / David A. Lorenz . cf Excculivt: Dirt:clur D.-.LHWWlds Arapahoe Counly Open S~ace, Parks, and Trails Grant Application Page 15 of 20 u111111h1r1llu omn HJIS.IJ!riwt""78hcl. Ct11ltllel,ll,CO 1Dl21 •ml 11~1111JDJ ,IIUUI !11:tCl).JIUOlO ....... IIIHl.,1 ,.,,.,o .c.a1 c~ ...... IUf(,C.IINr 01,..,L hul n1u,1.c11n11« Mln•M.111111 (HCIU.llltuclar 0.vUA hit~/ Part H -Maps See following pages . Arapahoe Counly Open Space , Parks, and Trails Gran! Appllcallon Page 16 of20 VILLA GF GRCCHW OOO v LLAGE CENTENNIAL l tW'J 4rJ p J lto 1• f ,!.l!!!!i' UJ1£!1_~_fu,J.., ,,ml tr,,il-. 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""Crl :r :,11,._,1e• 'ol llJ)ll..i •·/l• 1 .I), .,,., T• 11.-r-,•icc•• c=r::r Part I -BUDGET Sources of Funds Date 6/09 6/09 County Grant Request 74,200 24,800 $99,000 Expenditures I ~ected Date From County Grant _ 11/09 1/10-6/10 1/10-6/10 nd ADA rarrp 1 1/10 -6/10 1e I 1/10-6/10 oncrele pad l 1/10-6/10 1/10-6/10 1/10-6/10 11/09 Al completion of ro jcct Authorized Signature: ..,~ Ga. I Hultberg Arapahoe County Open Space , Parks and Tra]s Grant Application Page 20 of 20 $22,000 --24 ,100 27 500 ··-- -- $600 $74 200 Cash Match I In-Kind Match I Total Project Funds Cash Match In-Kind Matc11 Total Project Costs $22,000 $ 100 24,200 27,500 6 ,000 6,000 1,000 1,000 1,500 1,500 2,000 2,000 5,500 5500 8,700 8,700 S600 required budgel 6JlDense $24,800 $99.000 Total Project Costs$ 99.000 Date: 1/30/09 Tille: Recreation Manager COUNCIL COMMUNICATION Date: Agenda Hem: Subject: April 18, 2011 9 a iii Ordinance approving IGA and purchase of Fire Training Academy/ Orphan Property -IGA For Grant -Initiated By: Staff Source: Parks and Recreation Department Jerrell Black, Director uf Parks and Recreation Da ve Lee, Manager of Open Spa ce COUNCIL GOAL AND PREVIOUS COUNCIL ACTION During a City Council Study Sess ion on December 1, 200A, Parks and Rec reation Director Jerrell Black and Fire Chief Mike Pattarozzi gave an update on the Fire Training Academy/Orphan Property. City Council di re cted staff to m ove forward with the grant req uest for acquisition of the property for use as open space and !railh ea d for the So"th Platte River corridor. RECOMMENDED ACTION Five separate ordinances are reqllired as part of the ap proval process for the purchase of the orphan property, covering the fol!owing items necessary to complete the transaction : 1) accepting the 2009 Intergovernmental Agreement for a grant from Arapahoe County for th e Fire Training Academy/C"lrphan Prop erty Acquis ition and Improvements. 2) approving a quit claim for tr ans fer of 1/, interest in the Orphan Property from the City of Englewood to the City of Englewood and authorizing the purch~.se of the Fire Trai nir.g Academy/Orphan Pro perty from South Metro Fire Rescue Authority, Littleton Fire Rescu e, City of Littleton, West M,tro Fire Protection District, ·and the City of Englewood. 3) dedicating a Transportation Easement over the Fire Training Academy/Orphan Property. ,) dedicating a llike Pa th Easement over 1he Fire Training Academy/Orphan Property. 5) dedi ca ting a Conseiv ati o n Easemen t acros s th e Fire Training Academy/Orphan Property in favor of Arapahoe Coun:y . Staff seeks Council's approval for :his bill for an ordinance approving th e Intergovernmental Agreement accepting a grant fr o m Arapahoe County for the purchase of thi s property. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e City of Engle.woo d has partnere d with many organizations and public agencies in an effort to preserve lo.ids, enhance wildlife habita t and im prove re crea tional opportunilit:s along the So uth Platte River corrido r. The City is receiving Arapahoe County gr.mt support for the acquisition 1nd improvements to a 0 ./19-acre parcel of land known as the Fire Training Academy/Orphan Property. The parcel is loca ted along the Big Dry Creek Trail at the confluence of the South Platte Ri ve r. The Orphan Property has lung been identified as an important acquisition by the City and the South Pl at1e Working Group. Propcsed improvcr.,c nts to the property include trai lhead amenities such as small parking lot, pavilion with picni c tables, trailh ead si gn age, and trail connections to the Big Dry Creek Trail. rhe grant was supported by the ~ngl ewood Parks and Re c reation Commissi o n at a meeting on January 8, 2009 ,in d is also consistent with the plans fr om the City's 2003 South Platte River Open Space Plan of increasing the re creational va lt1 e of th e corridor. preserving natural ,m~as , rm 11er:1ing Willer qua lity, and e nc:0 11 ri1ging l;mrl 11m!I lh,11 ;up :'"Omp;llible wi rh rt.->creational go;ils. FINANCIAL IMPACT Arapahoe Coun ty <1g1ees to pr ovide the City uf F.11glewood with gr am funds in the ,,m ou nt oi $74,200. The Eng lewood Park s and Recreation Department will use Arapahoe County Open Space sharcback f11nds 11, lh e am o unt of $24,800 as a grant match . These fun ds are incl ud ed in the 2011 Open Space Fund Budget. Total cosl! for the proiect are $99,000 for the acquis iti on and improve me111 s 10 the properly. UST OF ATTACHMENTS Bill fo r ,,n Ordin ance