Loading...
HomeMy WebLinkAbout8349�C RESOLUTION NO. 8349 A RESOLUTION APPROVING A LEGACY PROJECT GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND RELATING TO THE HISTORIC ARKANSAS RIVERWALK PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME , . a WHEREAS, the City of Pueblo supports the completion of the Historic Arkansas Riverwalk of Pueblo project; and WHEREAS, the City of Pueblo has received a Legacy Grant from Great Outdoors Colorado to fund the improvements to the Historic Arkansas Riverwalk of Pueblo project, subject to the execution of a legacy project grant agreement; and BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1: The legacy project grant agreement dated February 3, 1998, between the City of Pueblo, a Municipal Corporation, and the State Board of the Great Outdoors Colorado Trust Fund, for the Historic Arkansas Riverwalk Project, a copy of which is attached hereto (except a copy of the City's application which is on file in the office of the City Clerk) having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3 Funds in the amount of $771,756, in Fund 37 - HARP, are hereby appropriated, budgeted and irrevocably pledged to meet the City of Pueblo's financial obligations of the Contract. SECTION 4 This resolution will become effective upon final passage. INTRODUCED: February 23, 1998 BY: Al Guru 1 e COUNCIL PERSON APPROVED: PRESIDE OF HE COUNCIL ATTESTED BY: CI CLERK LEGACY PROJECT GRANT AGREEMENT LEGACY PROJECT: Name: Project Completion Date: Great Outdoors Colorado Contract No.: Historic Arkansas Riverwalk Project City of Pueblo No later than June 30, 2000 6338 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Address: 303 East 17th Avenue, Suite 900 Denver, CO 80203 Telephone: (303) 863 -7522 Fax: (303) 863 -7517 Grantee: City of Pueblo, Colorado Address: Department of Planning and Development 211 East "D" Street Pueblo, Colorado 81003 Telephone: (719) 543 -6006 Contact name: Steven Meier Contact title: Senior Planner- Parks, Trails, and Open Space Dept. of Planning and Development Taxpayer ID no.: 84 -6000 -615 Date: February 3, 1998 1 RECITALS A. The Board is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article designates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources. B. The Board created a statewide Legacy Project Grant program designed to further the following. (a) wildlife programs through the Division of Wildlife; (b) outdoor recreation programs through the Colorado Division of Parks and Outdoor Recreation; (c) open space and natural areas programs through the Colorado Division of Parks and Outdoor Recreation and Colorado Division of Wildlife, municipalities, counties, or nonprofit land conservation entities; and (d) local government open space, trails and other outdoor recreation facilities. C. Grantee submitted a detailed project application (the "Project Application ") to the Board for the completion of the project entitled and described above (the "Project "). On May 22, 1996, the Board approved Grantee's Project Application subject to the following contingencies: (1) total net proceeds available from the lottery programs equals or exceeds $87,000,000 each year and the Board continues to receive its portion of the total net proceeds as currently allocated under Article XXVII of the Colorado Constitution; (ii) Grantee and the Board execute a detailed grant agreement; and (iii) Grantee discharges all of the requirements and conditions set forth in this Agreement. D. The parties intend this Agreement to be the detailed grant agreement required by the Board. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I. Project Description 1. Project. Grantee submitted the Project Application to the Board which contemplates the completion of the Project. A copy of the Project Application is attached hereto and incorporated herein by reference as Exhibit A. 2. Work Plan. To implement and complete the Project, Grantee has completed a detailed work plan which describes all the phases of the Project and includes, among other items, a multiple year budget (through the completion of the Project) with anticipated sources and uses of funds, Grantee's requested annual appropriations of the Grant from the Board, schedules of the 2 specific phases of the Project and /or a list of key dates, and any known or anticipated contingencies to completion of the Project (the "Work Plan"). The Work Plan adjusts the Project budget and timelines from those contained in the Project Application to reflect that the amount of the Grant may be less than requested in the Project Application. The Work Plan also contains the Board approved allocation of the Grant among the four funding categories described in the Technical Supplement (as hereafter defined). Grantee acknowledges and agrees that the Board must review and approve the budget and any revised budgets contained within the Work Plan or Addendum (as described below) to determine if the timing of requested annual appropriations can be supported by the net proceeds available to the Board from the lottery programs. A copy of the Work Plan is attached hereto and incorporated herein by reference as Exhibit B. a. Addendum. Grantee hereby covenants and agrees to update the Work Plan on an annual basis during the term of this Agreement by means of an addendum to this Agreement (the "Addendum "). The Addendum must be executed by both the Board and the Agent (defined below) and will include a comparison of actual expenditures to the budget, and will revisit and revise, where appropriate, the Work Plan in light of the net proceeds available to the Board from the lottery programs, Grantee's demonstrated progress toward completion of the Project, and Grantee's changes in expectations and goals under the Work Plan. If the Grantee is requesting an appropriation for a specific phase of the Project that differs from the Work Plan or a previously executed Addendum, the new Addendum must contain a clear explanation of how the new phase fits within the overall plan or vision for the Project, a specific description of the newly proposed phase, and a budget and timeline for implementation of the new phase reflecting the proposed sponsor /partner match. Grantee acknowledges and agrees that appropriations of portions of the Grant in subsequent years is expressly contingent on the execution of the Addendum by the Agent and the Board. b. Match Funds. Grantee has undertaken responsibility for obtaining the match funds and in -kind contributions described in the Project Application and Work Plan. Grantee hereby covenants and agrees to disclose to the Board in each Addendum the status of efforts to secure matching funding and the changes, if any, in Grantee's proposed allocation of the Grant among the four funding categories described in the Technical Supplement. 3. Project Scope The Project will not be materially modified by Grantee without the written approval of the Board. Grantee shall use the Grant solely to complete the Project, as approved by the Board under the Project Application, Work Plan and Addendum. Grantee hereby covenants and agrees to use its best efforts to complete the Project. ARTICLE II. Legacy Grant Award Grant The Board hereby authorizes future grants in an amount not to exceed 3 $1,000,000 (the "Grant ") in favor of Grantee to be used solely to complete the Project, subject to: (i) total net proceeds available from the lottery programs equaling or exceeding $87,000,000 each year and the Board continuing to receive its portion of the total net proceeds as currently allocated under Article XXVII of the Colorado Constitution; and (ii) as to future fiscal years, Grantee and the Board must execute the Addendum as set forth above. 2. Scheduled Appropriations and Disbursement of the Grant. It is anticipated that the Grant will be distributed over a two year period ending, no later than June 30, 2000. Each year the Board will appropriate a specific portion of the Grant for distribution to Grantee in the then current fiscal year to complete specific phases of the Project. The initial appropriation will be made on March 1, 1998 and will provide funding for the initial phase of the Project. Each succeeding appropriation will pertain to the applicable fiscal year running from July 1 to June 30. Grantee's schedule of anticipated and requested appropriations is set forth in the Work Plan (Exhibit B). ARTICLE III. Designation of Agent 1. Agent. Grantee hereby designates Lewis A. Quigley, City Manager for the City of Pueblo, or his designee, as its sole and exclusive agent for administering this Agreement including but not limited to contact with the Board and its staff in all matters pertaining to the Work Plan, all official requests for funding of a specific appropriation of the Grant and execution of any Addenda required by this Agreement. The designation of the Agent may be changed by a written statement addressed to and received by the Executive Director. ARTICLE IV. Covenants Applicable to Particular Aspects of the Grant 1. Grantee acknowledges that the Project may consist of various phases comprised of the following activities: (i) planning, project coordination and administration, and environmental program development ( "Planning Activities ") as more particularly described in the Technical Supplement; (ii) land acquisition and acquisition of conservation easements ("Property Acquisition Activities ") as more particularly described in the Technical Supplement; (iii) trail development, facilities development and expansion or enhancement of existing facilities ( "Facilities Development Activities ") as more particularly described in the Technical Supplement; and (iv) habitat restoration and enhancement ("Habitat Restoration Activities ") as more particularly described in the Technical Supplement. With respect to the aforementioned activities, Grantee hereby acknowledges, covenants and agrees as follows: a. Planning Activities The Board shall only pay those Eligible Costs for Planning Activities set forth in the Technical Supplement. b. Property Acquisition Activities Grantee will meet and discharge the 4 Standard Conditions and Due Diligence requirements set forth in the Technical Supplement, including but not limited to the implementation of a Use Restriction on the acquired property. The Board shall only pay those Eligible Costs for Property Acquisition Activities set forth in the Technical Supplement. c. Facilities Development Activities The facilities constructed under this activity will be maintained for twenty five (25) years or the useful life of the facility as more particularly described in the Technical Supplement. The Board shall only pay those Eligible Costs for Facilities Development Activities set forth in the Technical Supplement. d. Habitat Restoration Activities The habitat restored or enhanced under this activity will be maintained in its enhanced or restored condition in perpetuity as more particularly described in the Technical Supplement. The Executive Director may require a Use Restriction where appropriate. The Board shall only pay those Eligible Costs for Habitat Restoration Activities set forth in the Technical Supplement. ARTICLE V. Disbursement of the Grant 1. Process for Disbursement. a. Written Request for Disbursement The Agent, on behalf of the Grantee, must submit a written request for disbursement of all or a portion of the then current appropriation at least forty -five (45) days prior to the requested disbursement. b. Additional Documentation. In addition to the written request for disbursement, Grantee must also provide to the Board or its authorized agent, as an express condition precedent to disbursement, the following items relative to the following activities (as these activities relate to the specific phase of the Project for which a disbursement is requested): (1) Planning Activities Grantee must submit: (i) documentation confirming that the benchmarks for funding set forth in the Work Plan or Addendum have been met; (ii) itemized funding and expenditure documentation verifying the sources of funds and that the costs are Eligible Costs (as more particularly set forth in the Technical Supplement); and (iii) such other items or information as required by the Technical Supplement. (2) Property Acquisition Activities Grantee must submit: (i) documentation confirming that the Standard Conditions for Property Acquisition Activities (as set forth in the Technical Supplement) have been met; (ii) the documentation required by the Due Diligence Checklist for 9 Property Acquisition Activities (as set forth in the Technical Supplement); (iii) itemized funding and expenditure documentation verifying the sources and uses of funds and that the costs are eligible for payment at closing (as more particularly set forth in the Technical Supplement); and (iv) such other items or information as required by the Technical Supplement. (3) Facilities Development Activities Grantee must submit: (i) documentation confirming that the facilities will be open to the public, and operated and maintained in a reasonable state of repair for the purposes set forth in the Project Application, Work Plan and Addendum for at least twenty -five years or the useful life of the facility (as more fully set forth in the Technical Supplement); (ii) itemized funding and expenditure documentation verifying the sources and uses of funds and that the costs are Eligible Costs (as more particularly set forth in the Technical Supplement); (iii) documentation confirming that the benchmarks for funding set forth in the Work Plan or Addendum have been met; and (iv) such other items or information as required by the Technical Supplement. (4) Habitat Restoration Activities Grantee must submit: (i) documentation confirming that the habitat that is restored or enhanced will be maintained in its restored or enhanced state in perpetuity (as more fully set forth in the Technical Supplement); (ii) itemized funding and expenditure documentation verifying the sources and uses of funds and that the costs are eligible for reimbursement (as more particularly set forth in the Technical Supplement); (iii) documentation confirming that the benchmarks for funding set forth in the Work Plan or Addendum have been met; and (iv) such other items or information as required by the Technical Supplement. 2. Additional Information Required for each Phase Prior to disbursement of any portion of the Grant, the following information must also be submitted to the Board or its authorized agent a. Promptly upon execution of this Agreement, Agent, on behalf of Grantee, will submit the following. (1) resolutions adopted by the governing body of Grantee autho- rizing the execution of this Agreement and approving its terms and conditions. (2) the Work Plan for the Project. b. Prior to disbursement of funds for any phase of the Project, Agent, on behalf of Grantee, must provide written evidence that: (1) all permits and approvals necessary to the completion of the C phase of the Project under applicable local, state and federal laws and regulations have been obtained. (2) no material modifications or delays have been made or experienced (or the Board has been advised of the modifications or delays and has elected to continue to participate in the funding of the Project), (3) matching funding has been received (or the status of efforts to secure matching funding has been disclosed to Board staff and it has been found to be satisfactory); and (4) the representations made to the Board in the Project Application, Work Plan and Addendum continue to be true (or, if there have been any material changes, the Board staff has been advised of such changes and has assented to them). (5) the Executive Director may waive one or more of the previous conditions to disbursement but may require satisfaction of one or more of these conditions subsequent to disbursement. 3. Cost Reductions In the event that the cost of a specific phase or activity is less than the amount itemized in the Work Plan or Addendum for that specific phase or addendum, then the Board hereby reserves the right to proportionately reduce its contribution to that specific phase or activity. ARTICLE VI. Other Provisions 1. Technical Supplement. Grantee acknowledges and agrees that the Technical Supplement to September 1996 Legacy Grant Awards ( "Technical Supplement "), which will be provided to Grantee and which is incorporated herein by this reference, contains additional obligations of Grantee and procedures for administering the Grant. The Board may revise the Technical Supplement from time to time, and any revisions to the Technical Supplement shall apply to this Agreement as if fully set forth herein. In the event the Technical Supplement conflicts with the terms of this Agreement, the terms of this Agreement shall govern. 2. Comtiliance with Reeulatory Reauirements and Federal and State Mandates. Grantee hereby assumes responsibility for compliance with all federal, state and local regulatory requirements in all applicable areas, including but not limited to nondiscrimination, worker safety, local labor preferences, environmental laws, rules and regulations, preferred vendor programs, equal employment opportunity, use of competitive bidding, and other similar requirements. To the extent allowed by the Colorado Governmental Immunity Act and other applicable law, Grantee hereby agrees to indemnify, defend, and hold harmless the Board, its members, officers, agents or employees, from any cost, expense or liability for any failure to comply with any such applicable requirements. 7 a. Grantee acknowledges the Board is not acting as, and shall not be construed to be as acting as an owner, manager or operator of any property (real or personal), facility or activity arising out of or in connection with the Project under any applicable law, including but not limited to any applicable environmental law, rule or regulation. b. Grantee agrees and acknowledges that in each instance in this Agreement the Work Plan, or the Addendum, where the Board or the Executive Director is required or has the right to review or give its approval or consent, no such review, approval or consent shall imply or be deemed to constitute an opinion by the Board or the Executive Director, nor impose upon the Board or the Executive Director, any responsibility for the design or construction of building elements, including but not limited to the structural integrity or life /safety requirements or adequacy of budgets or financing or compliance with any applicable federal or state law, or local ordinance or regulations, including any applicable environmental laws. All reviews, approvals and consents are for the sole and exclusive benefit of the Grantee as required by this Agreement, the Work Plan or Addendum and no other person or party shall have the right to rely thereon. 3. Nondiscrimination During the performance of this agreement, Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, disability, marital status, age or sex, and shall comply with any other applicable laws prohibiting discrimination. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 4. , Publicity and Project Information Grantee hereby agrees: a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project; b. Grantee shall cooperate with the Board in preparing public information pieces, and shall give the Board the right and opportunity to use information gained from the Project. c. Grantee shall give timely notice of the Project, its inauguration and significance to the local members of the Colorado General Assembly, members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials; d. Grantee shall give the Board thirty (30) day notice of and opportunity to participate in Project dedications. e. Grantee shall erect temporary and permanent signs acknowledging 8 financial assistance from the Board and the lottery programs in a form designated by the Board as more particularly set forth in the Technical Supplement. 5. Li ili . a. To the extent allowed by the Colorado Governmental Immunity Act and other applicable law, Grantee shall indemnify, defend and hold harmless the Board, its members, officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable attorneys' fees) resulting from, growing out of, or in any way connected with or incident to this Agreement, except to the extent caused by the negligence or willful and wanton conduct of the Board, its members, officers, agents or employees. Grantee hereby waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, the Board, its members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. The Board's indemnity rights shall survive termination of the Agreement. b. Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protection provided to the Board or the Grantee under the Colorado Governmental Immunity Act as amended or as may be amended (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted ( "CGIA "). The Board and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Board or Grantee, their respective members, officials, agents and employees, is controlled and limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of the Board or Grantee or their respective members, officers, agents and employees. 6. Audits and Accounting Records Grantee shall maintain standard financial accounts, documents, and records relating to the acquisition, use, management, operation and maintenance of the Project. The accounts, documents, and records related to the acquisition of any portion of the Project shall be retained by Grantee for five (5) years following the date of disbursement of funds by the Board under this Agreement, and shall be subject to examination and audit by the Board, or its authorized agent, during this period. The accounts, documents and records related to ongoing use, management, operation and maintenance of the Project shall be retained by Grantee for five (5) years following the year to which the records pertain, and shall be subject to examination and audit of the Board, or its authorized agent, during this period. All accounts, documents, and records described herein shall be kept in accordance with generally accepted accounting principles. 7. Withdrawal of Board Funding The Board may withdraw funding of unappropriated amounts of the Grant and cease funding of the Project if net annual proceeds available from the lottery programs is less than Eighty Seven Million Dollars ($87,000,000) or, in its sole and absolute discretion, the Board determines that conditions have occurred which fundamentally change the expectations of the parties or which make the Grant infeasible or 0 impractical. The Board will promptly notify Grantee of any such determination. 8. Grantee's Inability to Complete Project If Grantee determines with reason- able probability that the Project will not or cannot be completed as reflected in the Project Applica- tion, Work Plan or Addendum, Grantee will promptly so advise the Board, and cooperate in good faith with respect to alternative solutions to the problem before any further funds are advanced. 9. Completion Date Grantee shall complete the Project no later than June 30, 2000 (the "Completion Date "), but if the Lottery is reauthorized prior to July 1, 1999, then the Board, in its sole and absolute discretion, may extend the Completion Date for the Project. 10. Assignment Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director which consent may be withheld in the sole and absolute discretion of the Executive Director. In the event that Article XXVII of the Colorado Constitution, which established the Board, is amended or repealed to terminate the Board or merge the Board into another entity, the rights and obligations of the Board hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of such direction, by the Colorado Department of Natural Resources or its successor. 11. Breach In the event that Grantee breaches any of the terms or conditions of this Agreement and fails to cure such default after thirty (30) days prior notice from the Board, the Board shall have the following remedies: a. Prior to Payment of all of the Grant The Board reserves the right to withdraw funding and / or terminate this Agreement, in whole or in part. b. After Payment of the Grant. The Board reserves the right to deem Grantee ineligible for participation in future Board grants, loans or projects. c. Additional Remedies. In addition to the remedies set forth in I I (a) and (b) above, the Board shall be entitled to pursue any other remedy available at law or in equity. 12. Good Faith There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be of interest to the other party. 13. Applicable Law Colorado law applies to the interpretation and enforcement of this Agreement. 14. Status of Grantee. The parties acknowledge that the Board lacks the power and right to direct the actions of Grantee, a home rule municipality organized and existing pursuant to the Colorado Constitution. Grantee acts in its separate capacity as an independent contractor and not as an officer, employee or agent of the Board or the State of Colorado. 10 15. Entire Agreement Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. 16. Multiple Year Obligations of the Board To make certain the understanding of the parties because this Agreement will extend beyond the current fiscal year, Grantee understands, acknowledges, agrees and intends that the Grant in no way constitutes a current obligation or current expense of the Board. The Board's obligation to pay all or any portion of the Grant in a given fiscal year is expressly contingent upon: (i) total net proceeds available from the lottery programs equaling or exceeding $87,000,000 each year and the Board continuing to receive its portion of the total net proceeds as currently allocated under Article XXVII of the Colorado Constitution; (ii) Grantee and the Board have executed the Addendum to this Agreement; and (iii) the Board has appropriated a specific portion of the Grant for payment in a particular fiscal year. It is only after the foregoing conditions have been discharged and the other conditions of this Agreement have been met that the appropriated amount under the Grant (as opposed to the Grant total authorized) constitutes a current expense of the Board. The appropriated amount for a specific fiscal year shall be payable exclusively from Board's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof. The Board has not pledged the full faith and credit of the State, or any agency or department thereof to the payment of the Grant hereunder, and this Agreement shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the Grant. 17. Subject to Annual Appropriation Any provision of this Agreement or its attachments which impose upon Grantee, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent to the year of execution of this Agreement is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 18. Seve_ ram If any provision of this Agreement, or the application thereof is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision other than those as to which it is found to be invalid, shall remain in full force and effect. 19. Time is of the Essence Time is of the essence in this Agreement. 20. Survival. The terms and provisions of this Agreement shall survive the funding of the Grant. Subsequent to the funding of the Grant, there are a number of ongoing obligations of Grantee. 21. Notices Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: 11 To Grantee via the Agent: City of Pueblo, Colorado Attn.: Steven Meier, Senior Planner Department of Planning and Development 211 East "D" Street Pueblo, Colorado 81003 To the Board: Executive Director State Board of the Great Outdoors Colorado Trust Fund Suite 900 303 East 17th Avenue Denver, CO 80203 22. Fax and Counterparts This Agreement may be executed in one or more counterparts, each of which shall be an original but all of which when taken together shall constitute one Agreement. In addition, the parties agree to recognize signatures to this Agreement transmitted by telecopy as if they were original signatures. Dated: STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND B Executive ECector CITY OF PUEBLO, COLORADO By: . Pres' ent 4City Council 12 Schedule of Exhibits Exhibit A - Project Application Exhibit B - Work Plan / Map 13 Exhibit A Project Application [See Attached] 14 Exhibit B Work Plan [See Attached] 15 EXHIBIT 'B' WORK PLAN " HISTORIC ARKANSAS RIVERWALK PROTECT GREAT OUTDOORS COLORADO `LEGACY PROJECT' PROJECT BUDGET /TIMELINE January 1998 SOURCE AND USE OF FUNDS: PROJECT BEGINNING GOCO APPLICANT FUND'S DESCRIPTION DATE CASH CASH TOTAL TIMELINE' SUMMARY 1 T RAIL DEVELOPMENT S72.265 5132.265 _ 1 Site Preparation - includes all rough and fine grading. place and _ 3 198 560.000 compact fill materials. and all retaining walls in and along the trail s stem 5180.000 S78.471 S258.471 _ 2 Pavin - includes all paving and base materials used in 3/98 _ constructing th e_trail systcrn S10.000 S29.900 3. Trail Amenities - includes necessary signal devices. bike racks 3. %98 S39.900 bo llards. trash recep tacles. and lighting for the trails stem. SUB -TOTAL $230,000 5180,636 $430,636 dJt/98 II._ WILDLIFE AND E EDUC ATION DEVELOPMENT 3 S118.350 S225.350 1. Site Preparation - includes all rough and fine grading. place and S107.000 compact fill materials. boulder placement in the water. and remaining w alls i t_he_ wildlife and environmental education area 2 Paving - includes all paving and base materials used in 3 _ ___ _ 548.000 S23.700 S71.700 construction the paths. steps. and ramps in the wildlife and environmental education area REVISED 2/3/98 PROJECT BEGINNING GOCO APPLICANT FUND'S DESCRIPTION DATE CASH CASH TOTAL TIMELINE* 3. Native Landscape - includes the spreading of topsoil, the 3/98 $45,000 $34,540 $79,540 installation of the irrigation system, and the planting of native trees, shrubs, coniferous trees, ornamental trees, grasses and wetland vegetation in the wildlife and environmental education area. 4. Environmental Education Amenities - includes environmental 3/98 $50,000 $16,500 $66,500 education si na e, trash rece tacles, and Rrotective railing. .•� -::vfx . •?,:: ? :: - :; :;.vvr. .•x i;Y.:.$' v \..:. ::•• h.:... f.{i }4:ry•::;i'f:.v.: v.r .?ii.• �}'{{ ..?F r.•: { :f4f.•:•::v: •v :. }v %r v?.;..v - +n�T, • �.�.... } .. : f .. .: .r} .• .�........ .A. vr... + v •.. r$'•fv: +x:8:•1!?!... -�:: .: vY:.: . ::::: ?nn.}} %•i}',Y.vx. r N i h•:•. . \...... _T... . ..�Y r::.' ...- . ..- III. ARKANSAS RIVER GREENWAY DEVELOPMENT 1. Site Preparation - includes all rough and fine grading, place and 3/98 $350,000 $147,826 $497,826 compact fill materials, the island for the boat turn around, channel edge treatment, and retaining walls in the g reenway area. 2. Pavin - includes all paving and base materials used in 3/98 $75,000 $151,750 $226,750 construction of the walkways, pedestrian bridge, steps, and ramps in the greenway area. 3. Landscape - includes the spreading of topsoil, the installation of 3/98 $50,000 $34,654 $84,654 the irrigation system, and the planting of native trees, shrubs, coniferous trees, ornamental trees, and turf in the greenway area. 4. Greenwav Amenities - includes the pedestrian lighting, tree 3/98 $25,000 $63,800 $88,800 rates, protective & ADA railin , trash recep tacles, and bollards. l.:,r.- ::::w:::i ::i:::'w'v :: .::::.i•v: :•: r: :.:'•rv::i: v :•.v:r :x: •. v::. •v:: : 1..: :r• : :::::: r: .v:e:•::?:::.: f.. : f }f.. :•� •% }•: •i ii•'y + ir'ii:;: is { %i: ? ifr':. rrfvr..r ::�• f ..•f,•: f } .:....,� : • .a. .•. <r }r • v:•'fvv: rl.•y:�;.•..r.J�` M v +:4i:- iiii:- i:- ii:::$ G :. /...... ri..v: : ?•:f... +� . � ...................... ......r :. : :. :.: ....... + r �`/•:•:.: /• .S• .v;.n {..: f.. }}s:ir. } +• .:. . r. :. .�yw. ���[[[ . ✓.rr...if r : : •r }+ n. ....... : .... .:....... ........ :n......:....... ::..... n..n.�.?4. �r .. r....:...v..:�.. f.......�. ..:`` /r.. F /.l.G��:i: >. i f. r. .. r: /.i. •::y.v.� ...} f.. r..........:: .............................. ..........................v.... r..... r. n...... v � .v. f. �'f....... }. : �.tii'r :. •. b:. ..:{.......... :+ v .:}`i�:::v:: '�F:- .:..:...� :}!ffi,:r..r i n...��� ff: }:r� v r�. r�. t :n }i:.���...:..:..::• o f .v l .: /.: �f T $771,756 $1,771,756 NOTES - 1) * REFERS TO WHEN THE CITY OF PUEBLO WILL NEED THE ALLOCATED FUNDS FROM GREAT OUTDOORS COLORADO! 2) ITEMS LISTED IN THE ABOVE DESCRIPTIONS ARE INCLUDING BUT NOT LIMITED TO THOSE SAID ITEMS. 3) UNDER ITEM "II °, THE APPLICANT'S MATCH WILL BE USED EXCLUSIVELY TO BUILD THE WILDLIFE AND ENVIRONMENTAL EDUCATION FACILITIES IN THE EASTERLY PORTION OF HARP, WITHIN THE COLORADO DEPARTMENT OF TRANSPORTATION'S RIGHT -OF -WAY ADJOINING HWY. 50C, IN THE CITY OF PUEBLO. 4) REFER TO THE ATTACHED MAP FOR LOCATIONS: I. TRAIL DEVELOPMENT - RED II. WILDLIFE AND ENVIROMENTAL EDUCTION DEVELOPMENT - YELLOW III. ARKANSAS RIVER GREENWAY DEVELOPMENT - GREEN 2 REVISED 2/3/98 Council Agenda TITLE: A RESOLUTION APPROVING A LEGACY PROJECT GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND RELATING TO THE HISTORIC ARKANSAS RIVERWALK PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME AGENDA ITEM # DEPARTMENT: PLANNING & DEVELOPMENT DATE: February 23.1998 ISSUE: Should the City Council approve a Legacy Project Grant Agreement between the City of Pueblo and the State Board of the Great Outdoors Colorado Trust Fund for improvements to the Historic Arkansas Riverwalk Project and authorizing the President of Council to execute said agreement. BACKGROUND: The City has received a Great Outdoors Colorado Legacy Grant in the amount of $1,000,000 for the project. The City will be committing to construct park improvements to the HARP area. Improvements to the area include: earthwork, bicycle trails, pedestrian walkways, pedestrian bridge, native landscaping, environmental education nodes, interpretative signage, wetlands areas, boardwalk, retaining walls, turf, and an irrigation system. The project is estimated to be completed within 12 months. The estimated budget for the project is $1,771,756, which includes the following funding sources: $1,000,000 Great Outdoors Colorado Trust Fund $ 771,756 City of Pueblo $1,771,756 TOTAL COST RECOMMENDATION: Approval of the Resolution. FINANCIAL IMPACT: The City of Pueblo will receive a $500,000 payment from Great Outdoors Colorado in April 1998 and the remaining $500,000 in September 1998. The City's $771,756 cash match will come from Fund 37 - HARP. City is obligated to maintain the Project for at least 25 years or the useful life of the Project. Legacy Project Summary Information Please review all eligibility requirements before completing this tivo page summary. Please respond in the space provided. 1. Project Sponsor(s): CITY OF PUEBLO, COLORADO. 2. Primary Sponsor (must be eligible recipient, see Eligibility Requirements page 3): Address: NO. 1 CITY HALL PLACE PUEBLO, CO 81003 Contact Name: JAMES F. MUNCH Title: DIRECTOR OF PLANNING AND DEVELOPMENT Telephone 4: ( 719) 543 -6006 Fax #: (719) 543 -0572 3. Project Partners: DR. RICHARD MARTINEZ, CHAIRMAN MR. ALAN HAMEL MR. LEWIS QUIGLEY, CITY MGR. BOARD OF- COUNTY COMMISSIONERS BOARD OF WATER WORKS CITY OF PUEBLO MR. GUS SANDSTROM MS. LAURI MATHEWS MR. RON DESILIET PUEBLO CONSERVANCY DISTRICT - STATE PARKS DEPT. DIVISION OF WILDLIFE Please provide an attachment with names, addresses, contacts /titles, and telephone /far mss, for all project partners. 4. Project Title: HISTORIC ARKANSAS RIVER PROJECT 5. Project Location: U.S. Con District(s): THIRD Colorado House District 9(s): 45 & 46 County(s): PUEBLO Colorado Senate District 9(s): 3 Ifproject is statetivide, please type statetivide after project location and disregard the district and county location requests. 6. Two or More Funding Categories Advanced by this Project. Please see Eligibility Requirement Nr1, page 3 before responding to this section. WILDLIFE OPEN SPACE OUTDOOR R ECREATION summary information continued on next pave... LOC COMM UNITY GREAT OUTDOORS COLORADO LEGACY PROJECTS Page 1 e )-L PROJECT PARTNERS (1) Dr. Richard Martinez, Chairman Board of County Commissioners Pueblo County Courthouse 10th & Main Streets Pueblo, CO 81003 Phone: (719) 583 -6000 Fax: (719) 583 -6549 (2) Mr. Gus Sandstrom, Chairman Pueblo Conservancy District 111 E. 5th Street Pueblo, CO 81003 Phone: (719) 544 -6823 Fax: (719) 544 -6825 (3) Mr. Alan Hamel, Executive Director Pueblo Board of Water Works P. O. Box 400 Pueblo, CO 81002 Phone: (719) 584 -0221 Fax: (719) 542 -1624 (4) Mr. Lewis A. Quigley, City Manager City of Pueblo, Colorado No. 1 City Hall Place Pueblo, CO 81003 Phone: (719) 584 -0800 Fax: (719) 594 -0850 (5) Ms. Laurie Mathews, Director Colorado State Parks 1313 Sherman Street, Room 618 Denver, CO 80203 Phone: (303) 866 -3437 Fat: (303) 866 -3206 (6) Mr. Ron Desiliet Regional Manager, Southeast Region Division of Wildlife 6060 Broadway Denver, CO 80216 Phone: (303) 297 -1192 le L I. OVERALL VISION /CONTEXT A. What are the vision, objectives, and general time frame of any related overall plan that may have been the origin of the current Legacy Project? OVERVIEW: The Historic Arkansas Riverwalk Project (HARP) is an urban river greenway project which plays a significant role in the broader Pueblo River Greenway Plan. It is the critical connection between several regional attractions and the Arkansas River and Fountain Creek corrridor. Funding the Historic Arkansas Riverwalk Project (HARP) through the Legacy Grant will enable the City and its many partners to complete the most distinct portion of the broader vision. HARP is critical to the realization of the Pueblo River Greenway Plan and meets all four goals of the Great Outdoors Colorado Legacy projects. With your help, it will be accomplished by June 30, 1999 To fully understand the significance and impact of the HARP project, it must be evaluated within its regional greenway context. 17. M GM 11►I�� Water, within a riparian environment, is a significant natural resource within the semiarid landscape of Southeastern Colorado. President John F. Kennedy, when speaking at the dedication of the Fryingpan - Arkansas Project in Pueblo on August 17, 1962, highlighted this point: "There is no more valuable lesson for a President—than to come to a river and see what grows next to it and come to this City ... This platform, and know how vitally important water is..." The Arkansas River and Fountain Creek corridors are two defining natural physiographic elements within the Pueblo Region. Historically, the confluence of these two waterways created a riparian oasis which serves as a crossroads, a meeting and gathering place, and as a settlement location. In fact, for many years it served as the boundary line between Mexico and France. The Historic Arkansas Riverwalk Project is the "Legacy Phase" of the Pueblo River Greenway Plan. The HARP Project was chosen for this Legacy Grant request because it is the final missing critical link required for the completion of the plan. It fulfills the stated mission and goals of Great Outdoor Colorado within an urban context and is achievable within your time lines. The greater Pueblo community shares a collective appreciation and vision for the development of both the Arkansas River and Fountain Creek corridors. This vision has evolved over time. It is difficult to determine its date of origin, but it is generally agreed that the genesis of the greenway vision occurred within the 10 -year period between the 1965 Fountain Creek Flood and the completion of Lake Pueblo in 1975. This vision became part of the community's popular culture with the development of the Pueblo River Greenway Plan. Like many of the community's planning efforts, including the HARP Project, this was a citizens driven planning * 1 3. Downtown /HARP (1) Extend the Arkansas River greenway and ensure water availability; (2) Acquire necessary land for the trail corridor and develop multi -use urban trail linkages and trailhead facilities; (3) Improve both native in- stream and non -game habitats; (4) Develop environmental education facilities and associated curriculum; (5) Create watchable wildlife opportunities; and (6) Develop a stewardship plan for the operation and management of HARP to ensure long -term sustainability of the project. 4. Fountain Creek Corridor (1) Acquire property for the development of trail improvements between the confluence of the Arkansas River and Fountain Creek and the University of Southern Colorado; (2) Develop the Fountain Creek Regional Park; and (3) Develop environmental education facilities. 5. The University of Southern Colorado (1) Continue to work with the University of Southern Colorado and WalkingStick Golf Course to develop regional facilities that will anchor the north end of the greenway system. Many of the ideas set forth in the framework of the Pueblo River Greenway Plan have been accomplished. The following matrix exhibits the project's facilities and partnerships that have developed in the implementation of this plan. The remaining gap in the overall implementation of the Greenway Plan is the relinkage with the regional downtown anchor. The downtown anchor was particularly difficult to integrate within the greenway framework. Prior to the 1921 flood, the Arkansas River greenway was a central part of downtown Pueblo. The Arkansas River flowed past City Hall through the heart of the city, both uniting and separating the city's Northside and Southside. Following the 1921 flood, the river was moved south of the downtown and placed between a major concrete flood levee and the south bluff of the Arkansas River floodplain. The greenway became further isolated by the rail yards which expanded between the levee and the downtown. The downtown was separated from the Fountain Creek greenway by similar obstacles - -flood control structures which were constructed during the 1965 flood and by a major north -south railroad corridor and Interstate 25. In summary, HARP is the critical missing linkage which potentially joins downtown to the other framework plan anchors. The HARP Project will accomplish this through the extension of the Arkansas River greenway and trail into the downtown by restoring the Historic Arkansas River channel. The Historic Arkansas Riverwalk Project provides the greenway and trail linkage with the other regional facilities as depicted in the framework plan. The specific objectives or elements of the HARP Project which support the Pueblo River Greenway Plan include: 1. The rebirth of the Historic Arkansas River channel will allow the expansion of the Arkansas River greenway corridor via the pre -1921 river channel into downtown. This will reintroduce this unique urban open space into the heart of downtown, ensuring long -term availability of water for the greenway corridor. C. Opportunity: Urgency /Jeopardy. (1) What is the overall urgency of the project: What is the opportunity cost if this project does not proceed immediately? What is lost if the project proceeds incrementally over a larger period of time? HARP represents a unique opportunity in time. The community and Greater Pueblo Region have a high expectation that construction of this project will begin in a timely manner and be completed by July, 1999. We now have a window within which the Board of Great Outdoors Colorado has a unique opportunity to influence and enhance HARP by funding the City's GOCO's Legacy application. The $12.85 million public contribution to this project will fund construction of the infrastructure improvements necessary to restore the river channel and to match GOCO contributions to the project. The $12.85 million will become available through the sale of a limited obligation bond. This bond will be tax exempt. To maintain the bond's tax exempt status, 85% of the money must be spent within three years. The City of Pueblo shares the vision, mission, and goals of the State Board of the Great Outdoors Colorado Trust Fund and desires HARP to be so designed and built to meet and visually demonstrate the goals of GO Colorado. Incorporating GOCO goals can only make HARP a stronger project. Our request under the Great Outdoors Colorado Legacy Program is to fund additional enhancements to HARP which furthers GOCO's mission and goals and which are not included within the $12.85 million base construction. (2) What is the urgency of each distinct element of the project? Which elements are the most urgent? As identified in Item B(2) above, all the elements within the HARP project are related and each is important to the successful completion of the whole project. It is therefore difficult to identify the urgency of each distinct element or identify which elements are more urgent than another. The best way to answer this question is to identify how each of these elements fit within the construction sequence. If construction defines urgency, the three most urgent elements of the project are the expansion of the historic Arkansas River greenway through the restoration of the 1921 channel, the acquisition of the water rights to ensure water availability, and the acquisition of the railway corridor which is currently available for sale. The next most important elements are the development of the urban trail system, the restoration of crucial habitat, the development of wildlife watching opportunities, and the development of environmental education programs. These elements can be completed in subsequent phases but are dependent on the creation of the greenway and the acquisition of the trail corridor. The final element is the development of the comprehensive stewardship plan. III. IMPACT OF THE PROJECT A. Direct Benefits of the Project for the Investment Required: 1. How many acres of land will be protected as open space? Total Greenway Open Space: 15.2 Acres Waterways: 4.0 Acres Non -Game Wildlife Habitat: 4.0 Acres 2. How many miles of new trail will be constructed? What, if any, links will they provide to other trails, parks, outdoor recreation facilities, etc. ? What is the cost per mile? Approximately 1.87 miles of new trails will be constructed throughout the HARP area, of which 0.67 of a mile will be for bicycle trails; 0.56 of a mile will be for pedestrian trails; and 0.64 of a mile will be for interpretive trails. All HARP trails will link regional facilities with the 35 miles of existing trails system and the University of Southern Colorado and the facilities at Lake Pueblo. The trail is estimated to cost $423,000 per mile. The estimated costs include trails surfacing, site cleaning, site earthwork, and retaining walls. Retaining walls are necessary in order to comply with the American Disability Act to separate the users. 3. How many acres of new parks (local, regional, or state) will be developed? Approximately 15.2 "park- like" acres. 4. How many environmental education opportunities will be provided? Three thematic areas will be developed as a result of the HARP project. Separate curriculums will be developed for elementary, middle, and high school students. In total, there will be 13 environmental opportunities throughout the HARP area which include: o Water Based Curriculums o Interpretive/Environmental Education Signage around Lake Elizabeth o Node at west end of lake o Outdoor classroom at east end of lake o Learning center (which is not a part of this grant application but a space will be provided pending PNREEC determination in its plan) o Watchable wildlife bridge o Environmental Education node for native /aquatic plant material o Environmental education node for wetlands o Environmental education node for wildlife o Environmental education node for stream restoration o Three Environmental Education nodes depicting the region's cultural /historic aspects. S. What non -game fish /wildlife species will benefit from any associated land protection? Non -Game Fish -- Species list of Plains Native Fishes: Arkansas Darter* Flathead Chub Plains Minnow* Red Shiner Sand Shiner Sucker -Mouth Minnow* Southern Red Belly Dace* Stoneroller *Indicates the main four (4) species targeted. Non -Game Wildlife Species -- Includes waterfowl, small amphibians reptiles, and non -game birds and mammals associated with a plains riparian environment. 6. How many acre-feet of water will be acquired? The Pueblo Board of Water Works has filed a water right for the project. The Board will be providing approximately 50 acre feet of augmentation water to make up for the consumptive use of the project. 7. How many communities and how many people will the project serve? Will the people served include local, regional, and state visitors and out -of -state tourists? Please provide an estimate of the numbers and types of individuals/ communities served? The Pueblo Convention and Visitors Bureau, through actual visitor counts for major local area attractions, including the Lake Pueblo State Park estimates, documents that approximately 2.5 million people visit the Pueblo region annually. This number does not include visitors to the State Fair Grounds attending off season events. When looking at the geographical distribution of these visitors, approximately 60 percent (60 %) come from an area outside Pueblo County, 30 percent (30 %) from within Pueblo County, and 10 percent (10 %) from outside the State of Colorado. These are all potential project beneficiaries. We also anticipate as Pueblo continues to reposition itself as a visitor destination that these numbers will grow dramatically. Pueblo serves as the regional center for Southeastern Colorado. Therefore, all residents of Southeastern Colorado will be served by this project. In order to further demonstrate the statewide and regional significance of HARP, the city has retained the Leland Consulting Group of Denver, Colorado, to estimate and quantify visitation, population, and user characteristics. Visitors to the HARP Project Area • The HARP project will provide a unique visitor attraction in Colorado and the Rocky Mountain West -- as such, it will draw a significant number of new visitors to the trade area. • Due to the uniqueness of the HARP project, the number of visitors to the trade area will effectively double over the next ten }ears. .CARP Project Visitor Ylarket Composition 100% 90% s0% 70% •yY� ✓_ 60% .�y El 50% 40% v 30% 20% 10% 0% 1995 Y ear ■ Pueblo /Local IM Other Colorado --------------------- - - - - -- ------------------------------------ - - - - -- 2005 D Out of State . _ ---------------------------------------- - - - - -- ° Because the HARI' proJ-1ct «ill expand the trade area into South 'C'entral Colorado, eastern Kansas and northern New Mexico, in the future, more visitors will corn-c from outside the Pueblo /local market. ° By the year 200 - it is e'Sht - ni ted that nearly 70% of the visitors tc tlw HARP project will be from outside the local m<<rket area. Iet L.J J.� b 1995 Y ear ■ Pueblo /Local IM Other Colorado --------------------- - - - - -- ------------------------------------ - - - - -- 2005 D Out of State . _ ---------------------------------------- - - - - -- ° Because the HARI' proJ-1ct «ill expand the trade area into South 'C'entral Colorado, eastern Kansas and northern New Mexico, in the future, more visitors will corn-c from outside the Pueblo /local market. ° By the year 200 - it is e'Sht - ni ted that nearly 70% of the visitors tc tlw HARP project will be from outside the local m<<rket area. HARP Trade Area Population/Employment Growth 350,000 300,000 250,000 O pw 200,000 0 150,000 z 100,000 50,000 0 1980 1990 1995 2000 Year Population 0 Employmen 2005 • The HARP trade area is an emerging regional service center (business, shopping, entertainment, health care, etc.) for Southern Colorado. • The HARP trade area currently serves the communities of Pueblo, Fremont, Otero, and Chaffee Counties. • The HARP project will expand Pueblo's trade area influence East/West to Eastern Kansas and South Central Colorado, and North/South to the Pikes Peak region and Northern New Mexico. Ethnic Diversity of the HARP Trade Area 0 The HARP trade area has a diverse mix of ethnic groups, which enhances opportunities for multi - cultural exchange and activities. The strong Hispanic influence in the HARP trade area encourages relationships with northern New Mexico and provides a potential geographic link between the Pikes Peak and Santa Fe /Taos tourist regions. 2% Black African 1 % Native American American 9% Other 52% White ;}7 1�r 4' J.�t K �Y +� �'�'. %F�'`:�"'' . .• •..�'' c an '' �•' "� 1 •rC � r.tJ � x X17: ' ,.:Y'Y ! ^'xFV ' r � 1.+�• '" ' � � 1 • � J �-5�: j ! ,. _•' ;• (i' • : ; t h y , .1 'J'.S+ Ivry t••1 LYJ�,�rxwY•. =�1 .�M.. 7 "�., ��f + pJy " V• .. Jti ,'�, �'' ry5r" ��.i:.j� �'jy ' �y •• • YNf{ . ��.'�'�'�'"' ��'"�^Ji}��,� .I•.*a •4•• Asti:. j' 1 ; � : ' " • '� ,1 ���y + . y � •'•ld.... � .`' � ` ..1,: .X. 36% Hispanic 0 The HARP trade area has a diverse mix of ethnic groups, which enhances opportunities for multi - cultural exchange and activities. The strong Hispanic influence in the HARP trade area encourages relationships with northern New Mexico and provides a potential geographic link between the Pikes Peak and Santa Fe /Taos tourist regions. B. Consistency with Local /Regional Government, State and Federal Agency Plans and Policies: 1. Have local, regional, or statewide plans or policies identified and addressed the need for the project, and /or specific elements of this project in the region? If so, please describe and attach relevant sections of plans or policies. This Historic Arkansas Riverwalk Project has long been a dream, vision, and objective of the Pueblo community. Planning for the project began in the early 1990's and has included project feasibility, public goals, and objectives, the program plan development, environmental suitability, schematic plan development, and design development. In the November, 1995, Bond election, the Pueblo communities committed $12.85 million to the construction of HARP. Various local, regional, and statewide plans and policies have identified the need for each of the trail, river greenways, and the environmental education components incorporated within the plan. The identification of these plans and brief overview is provided below: HARP fulfills the needs articulated in both local and regional vision statements as well as local planning documents. The community of Pueblo has grown up on the banks of the Arkansas River. The history of the community and the river are entwined. It has long been a vision of the community to restore the Historic 1921 River channel through the downtown. This vision became a reality on November 7, 1995, when a majority of the electorate voted to contribute $12.85 million in public funds toward the construction of HARP. The project fits within the regional vision statement prepared for the Governor's Smart Growth initiative. The HARP Plan has been formally adopted by both the City of Pueblo's Planning Commission and the Pueblo City Council, and is consistent with the City and the County's Regional Comprehensive Development Plan Amore detailed listing of plans addressing the need for the project was included earlier in this application under Item 2(7)-- Project Needs. Also included is a matrix which summarizes the information in the above referenced item and cross references each plan and the elements of the HARP Project. Local Plans The Central Pueblo Framework Plan. 1994 Developed by a citizen task force, this plan identifies the need for a comprehensive open -space system. The plan lists "A Comfortable Outdoor City" as one of its ten downtown "values ". This value discusses the need for a comfortable pedestrian connection between destinations as well as opportunities to enjoy the outdoors in downtown. HARP is specifically mentioned as a project that will be key to the proper improvement of downtown Pueblo. Development Suitabilitv Analvsis for t Pu eblo C on ser vancv D istrict. 1995. As one of the largest land owners on the Arkansas River in Pueblo County, the Pueblo Conservancy District compiled this master plan to assist in the conservation and development of these lands. The plan identifies the Thomas Phelps Creek as "an important transition from the urban core of downtown Pueblo and the Lake Runyon area." The Thomas Phelps Creek trail adjoins the HARP trail and is an extension of the naturally landscaped river corridor plan that connects downtown Pueblo to the Runyon Lake outdoor activities. The Soul of Pueblo. 1995. The Soul of Pueblo depicts nine areas of downtown. A description of the HARP Project is as follows: "When it gets right down to the basics of city's being, its roots are found in the natural environment; it landforms, its vegetation, its climate. While other areas of the city tell the story of human settlement, this park setting tells the story of human explorers and natural history. It is the land; home to Native Americans and later claimed by France, by Spain, by Mexico, and finally by a young United States. It is an oasis, where dinosaurs walked, where seas came and left and where cottonwood groves outlived discoveries and human endeavors. Water has always been its essence; changing its course and its inhabitants, but always an oasis." Pueblo Regional Comprehensive Development Plan. 1930 Land conservation goals in this plan state: (1) Promote diversity in the environment of the Pueblo Region through the protection of certain identified areas, lands, or sites. (2) Utilize natural resources and unique environmental conditions to the maximum benefit of the Region's population. Objectives for these goals include: (1) B1 -2 Conserve natural conditions of air, water, land, vegetation, wildlife, and open spaces for the education, recreation, and general welfare of the public. (2) B3 -1 Preserve and protect those unique archaeological, architectural, historical, and natural elements as educational and landmark resources for the community. (3) B3 -1 Create a visually interesting environment through the preservation of architecturally, archaeological, or naturally significant resources. (4) B4 -1 Guide development and resource recovery within significant wildlife habitats. In section VIII -A, Parks and Recreation Element, the plan states: "Water, whether in a small stream or a reservoir, constitutes a major element in the parks and recreational system. Water areas have a special scenic value not surpassed by many other natural resources and have recreational potential for fishing, water skiing, boating, and swimming. Most importantly, water areas are part of an ecological system essential for man's survival." HARP Conceptual Master Plan. 1992 Adopted by Pueblo City Council, this plan describes the HARP project and its importance to the community. Because of HARP's exceptional plan and design, the Historic Arkansas Riverwalk Project received a Planning Award for Excellence in Planning from the Colorado Chapter of the American Planning Association in 1993. Communities of Pueblo County Strategic Plan. 1994 A large citizen effort that took over two years to complete, this document identifies the need for more natural resource conservation, environmental education, and historic awareness in Pueblo. State Plans. Lake Pueblo State Park Management Plan Although generally aimed at Lake Pueblo State Park, this document describes the rich natural resources in the Pueblo region along with how visited they are. Division of Wildlife Long -Range Plan. 1994 While the goals of this plan are fairly general and apply state -wide, they are the same as the goals set forth in the HARP project for enhancing wildlife habitats in the project area. State Recreational Trails Master Plan. 1985 Addresses the Thomas Phelps Creek access between the HARP project and Runyon Lake. Federal Plans Arkansas River Recreation Management Plan and Environmental Analysis. 1988 Addressing all of the Arkansas River, this document describes the importance of the river and the habitats it sustains. Integrating Rail Trails into Statewide and Metropolitan Long Range Plan A federal paper that discusses the benefits of rails to trails. Urban Park and Recreation Recovery Program 1992 -1997, Updated 1995 This lengthy document discusses the park and open space needs in Pueblo County. 2. Please describe the degree and type of opposition to the project (or elements thereof) that might occur. There is no known organized opposition to the project. During the recent election, there was a small group opposed to the HARP ballot issue. Their stated opposition was not against the project per se, but more accurately the basis of the objection was focussed on discussing how the proposed project funds could be better spent on other infrastructural needs of the City. Interestingly, approximately $7.5 million will be spent in Phase One on infrastructure improvements for HARP and downtown. Consistency' Local/Regional Government, { > t4' State and Federal Agency Plans and Policies xE �� b .1 Wa E Summary Matrix v b a b o a ` o c b 0 o_ CL Y v b CL v `° c QJ E b � ie di E b v ao a v tvtnn' O L v b E: v a o c ia ro `w b b oo p O v E a C E O 0 O a j v � lj �° b0 0 J M N I` O U O '^ v CIO 0 cn ro ) o a t C Q v a o of ra 3 C O y IS d `° N `� '� l./1 v c o try �.. L v E& o c n °� U C v ° v C7 a 0 o U y o v b cCO o Q U o a 0 0� a o� cc F_ Project Elements and Tasks I Extension of Arkansas River Greenway a Restoration of the historic Arkansas River channel b Insuring water availability 2 Trail Development a Acquisition of abandoned railway corridor b Development of multi -use urban trail c Development of regional trailhead facility 3 Habitat Improvements a In- stream /plains native fishes b Non -game wildlife 4 Watchable Wildlife a Facility development 5 Environmental Education a Facilities b Curriculum 6 Stewardship Plan a Operation b Management/conservation easement 1 I 0 I01 6 I �•� •! k . el • I•j I{ { > t4' xE �� .1 Wa 1 I 0 I01 6 I �•� •! k . el • I•j I{ C. Is yourproject a catalyst or does it have a high demonstration value? The demonstration value of HARP grows from two roots. It is a citizen based project and it is an urban project. HARP grew from a citizen initiated planning process which was initiated by individuals and groups from throughout the Region who had a vision and commitment to the planning and building of this unique regional resource. This group solicited funds from both the public and private sectors for the planning. When the planning was completed, they developed a funding scenario, placed the question on the ballot, and worked towards the successful understanding and public approval process. HARP was approved and funded through a public election and its successful completion is ultimately the responsibility of the City Council. The City Council appointed a HARP Commision which is responsible for the ongoing direction and management of the HARP Project. These citizens have utilized many unique tools and techniques necessary to build the partnerships required for this project. HARP's demonstrative uniqueness also stems from its urban character. HARP is. a unique example of Colorado's natural history. Urban greenway projects face special challenges of drainage, flooding, and stewardship. HARP is unique in that it exhibits man's interaction with the environment and the interaction of the community over time with the Arkansas River within this urban setting. This includes the history of the interaction and response of the community to various situations created by the River. The community's stewardship of this resource culminates in the preservation, projection, enhancement, and management of the resources for the purpose of providing a quality recreational opportunity for the citizens of Colorado. It will have a high demonstration value, providing an example of a community's stewardship of its water resources while expanding outdoor recreation, wildlife, and open space opportunities within an urban setting. It is our hope that HARP is viewed as a unique opportunity to demonstrate how river habitats restoration, urban open spaces, wildlife enhancement, and recreational opportunities can truly be an urban experience and a legacy. Clearly, HARP is not a rural, natural, open lands acquisition project. Its demonstration and legacy attributes lay in several more complex and urban issues. Communities throughout the state will soon focus their efforts increasingly towards providing urban open space opportunities for under - served populations that cannot and will not travel to outlying rural, natural, and open lands. HARP represents an urban response to this growing dilema and hopes to serve as an example for communities throughout the Rocky Mountain region. IV. LEVERAGING AND PARTNERSHIP A. Leveraging of Funds: Secured Funding . Limited Tax General Obligation Bond City of Pueblo $12.85 Million Value of Augmentation Board of Water Works Newsletter Contributors Enterprise Zone Contributions Potenial Funding HARP Foundation $100,000 (Annually) $ 4,500 $ 1,650 $ 5.0 Million + HARP began as a regional concept which required initiative, self - organization, private contributions, and in -kind technical support. Over the years, HARP has been embraced by the Pueblo region as a project which demonstrates a strong sense of community participation, public and private partnerships, and intergovernmental cooperation. The City of Pueblo will be the primary sponsor for HARP. The City is committed to providing $12,850,000 in funds generated by the sale of limited tax general obligations bonds for the construction of the program of which $2,524,000 will be used as matching funds for the $3,450,000 Legacy Grant request. In -kind services will also be provided by the City through various means, such as bidding, surveying, acquisition of needed land parcels, project management, construction inspection, and maintenance. Total Legacy Project cost is $5,974,000. GREAT OUTDOORS COLORADO LEGACYPRojECT PROJECT BUDGET 3/20/1996 SOURCE AND USE OF FUNDS: r.. r._. r tJr_•��,i�l • ? i�N Dig I r A1 _1C'AN T CASH P/A rR HERS CASH 5 9 5 - 51 9G -6/99 1 5 G/96 -6/99 APPLICANT PARTNERS ELIGIBLE IN -KIND ELIGIBLE IN -KIND TOTAL 5195 -5/96 6/96 -6199 5/95 -5/96 6/96 -6/99 Open Space ACqui`;It!on of Water 7/97 S250,0 - Education. Rights Fish, Wildlife, and Terrestrial Habita 7/97 $103,000 Urban Park / River Greenway S72,000 Native V cletatio n -_ W!IdIitc% and I nviron I ri Urban Park/River 7/96 S1,430,000 7/97 S970,000 Greenway Construction - Urban I'aa►k /sliver - - - 7/91 - -- - - - S390.000 - - - $235,000 Greenway Amenities sub•rot al - S 1.820.0GC — 31.205.000 Trail Development Lam r1lrurI r'nn jr) ' r':!I `,f : , ul•1 _•I rail Arnerall,r,•; —: -- - -; c — — 585.00— -- -- - - sup ,oral Wildlife Habitat, Watchable Stream, Lake, and Welland Wildlife, 7/96 S600,000 and Environmental $217,000 Education. $402,000 $148,000 Fish, Wildlife, and Terrestrial Habita 7/97 $103,000 -- - - - - -- S72,000 Native V cletatio n -_ W!IdIitc% and I nviron I ri _ _ 7/9 _ $2.5_0,000 100.0;!0 5170,000 7/97 568.000 Planning Mewarct;hl? I'I:an 7/9 S3 0,000 _ S- 20_,0_0_0_ _D and t= rigin 5 /96 S O _ $100.000 __ sub -017, _ $3-.000 $ 1 $20,000 S100,000 $100,0001 1 $350,000 $2,400,000 $625,000 -- — _ $88,000 - -- _ _ - -_ _ $792,000 - $210.000 $365,000 $168,000 $131,000 TOTAL $ 3,450.000 1 $ 188,00 0 I S2.136.000 1 S100 I I I I $100 $5,974.00( NOTES 1) Figures are based on consultants 1995 coat estimate and have been adjusted for construction inflation. 2) A majority of the allocations will be needed between 7/97 -7/98. The City "could" front a portion of the costs and be reimburse by GOCO in 1998 - 1999.. HISTORIC ARKANSAS RIVERWALK PROJECT GREAT OUTDOORS COLORADO 'LEGACYPROJECT" PRIORITIZATION SCENARIOS 3/20/1996 The following is a breakdown of three different scenarios of what will drop out if the Great Outdoors Colorado Board elects to fund HARP at a less amount than what is being requested. 100% 75% 50% The following project elements will be completed if 100% of the requested fund are received: The following project elements will be completed if 75% of the requested fund are received: The following project elements will be completed if 50% of the requested fund are received: Acquisition Of Water Rights Acquisition Of Water Rights This allocation will be below the required minimum amount necessary to qualify for a Great Outdoors "Legacy Project" Urban Park /River Greenway Urban Park /River Greenway Land Acquisition For Trail Land Acquisition For Trail Trail Development Trail Development Wildlife Habitat Wildlife Habitat Watchable Wildlife Environmental Education Fisherman Access /Docks Stewardship Plan