HomeMy WebLinkAbout07148ORDINANCE NO. 7148
AN ORDINANCE ESTABLISHING A CAPITAL IMPROVEMENT PROJECT IN THE AMOUNT OF
$95,100, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $48,600 FROM THE
GENERAL FUND AND $46,500 FROM THE STORMWATER IMPROVEMENT FUND,
APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST
FUND RELATING TO THE MINNEQUA LAKE PARK AND OPEN SPACE PLANNING GRANT,
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, City Council prepared and received a grant from the State Board of the Great
Outdoors Colorado Trust in the amount of $45,000 in April 2004 for the completion of an
acquisition and development plan for the Lake Minnequa Park and Open Space Project; and
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Subject to obtaining funding in the amount of $5 million from sources other than the City's
general fund, the City hereby declares its intention to acquire Minnequa Lake as a regional park,
open space, and stormwater detention and water quality facility. In furtherance thereof, a Capital
Improvement Project is hereby established and known as the Minnequa Lake Park and Open
Space Project.
SECTION 2
Grant Contract and Attachments between the City of Pueblo, a municipal corporation and
the State Board of the Great Outdoors Colorado Trust Fund relating to the Minnequa Lake Park
and Open Space Project, contract number 04326, copies of which are attached hereto and
incorporated herein, having been approved as to form by the City Attorney, are hereby approved.
SECTION 3
Funds in the amount of $45,000 for from Great Outdoors Colorado, $46,500 from the
Stormwater Improvement Fund, $3,000 from the Pueblo Board of Water Works (in- kind), and $600
from the Colorado Division of Wildlife (in -kind) are hereby appropriated as initial funding in the
Minnequa Lake Park and Open Space Project.
SECTION 4
The President of the City Council is hereby authorized to execute and deliver said Contract,
in the name of and 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.
INTRODUCED May 10, 2004
BY Michael Occhiato
Councilperson
PASSED AND APPROVED Mav 24. 2004
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM #
30
DATE: MAY 10, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /CATHY GREEN
TITLE
AN ORDINANCE ESTABLISHING A CAPITAL IMPROVEMENT PROJECT IN THE
AMOUNT OF $95,110, BUDGETING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $48,600 FROM THE GENERAL FUND AND $46,500 FROM THE
STORMWATER UTILITY FUND, APPROVING A GRANT CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD
OF THE GREAT OUTDOORS COLORADO TRUST FUND RELATING TO THE
MINNEQUA LAKE PARK AND OPEN SPACE PLANNING GRANT, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
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Should the City Council establish a capital improvement project for the acquisition
and development of Minnequa Lake as a regional park, open space, and stormwater
detention and water quality facility with an estimated total cost of $5.1 million, budget
and appropriate an initial sum of $95,100 with $45,000 provided from a grant from
Great Outdoors Colorado (GOCO), $48,600 provided from the Stormwater Utility
Fund, and $3,600 of in -kind services provided by the Pueblo Board of Water Works
and the Colorado Division of Wildlife, and approve the contract between the City of
Pueblo and Great Outdoors Colorado for the Minneque Lake Park and Open Space
Plan, and authorize the President of City Council to execute the contract?
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Approval.
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Through the establishment of the Minnequa Lake Capital Improvement Project, the
City will be committing in the first phase to complete a plan that will provide a strategy
for the acquisition and development of Minnequa Lake as a regional park, open
space and stormwater detention and water quality facility. The completion of the plan
is the first phase of a three phase project.
PHASE 1
The plan will include the appraisal of the Minnequa Lake property and associated
water storage rights, an analysis of the validity of the water rights, and a plan for a
regional park, open space and stormwater detention and water quality facility. The
plan will cost $95,100 with $45,000 provided from a grant from GOCO, $48,600
provided from the Stormwater Utility Fund, and $3,600 of in -kind services provided by
the Pueblo Board of Water Works and the Colorado Division of Wildlife.
PHASE 2
In addition to the planning grant received from GOCO, on April 26, 2004 City Council
authorized the submittal of a concept paper to GOCO that could potentially provide
up to $1.8 million dollars in funding for the acquisition of the property and water
rights. The City would likely need to provide $800,000 in matching funds for the
second phase of the project. The City anticipates utilizing a variety of funding
sources for the matching funds including a possible federal appropriation, private and
other federal grants, Conservation Trust Funds, water conservancy district funding
and Stormwater Utility Funds.
PHASE 3
The third phase of the project is the development of the regional park improvements,
enhancements to the open space and habitat areas, and the possible modification
and enhancement of the lake to increase its capacity as a stormwater detention and
water quality improvement facility. Through the completion of the first phase plan
specific improvements will be identified for the development of the property. The
estimated cost for the park and open space improvements is $2.5 million dollars.
This does not include stormwater and water quality improvements that could
potentially be completed to increase stormwater capacity and improve water quality.
The matching funds for the improvements could possibly be provided through grants
from the National Park Service (UPPAR funds) and GOCO, and from City
Conservation Trust Funds.
The estimated budget for the three phases of the project is as follows:
Phase
Description
Estimated
Cost
Phase 1
Complete a plan to fund of the acquisition and
$ 95
development of Minnequa Lake as a regional park,
open space, and stormwater detention and water
q uality facility.
Phase 2
Complete the acquisition of the Minnequa Lake
$2,600,000
property and associated water storage and irrigation
rights.
Phase 3
Complete the development of the regional park
$2,500,000
improvements
Total Estimated Project Costs
$5,195,100
The Minnequa Lake Park And Open Space Project includes of the purchase of
approximately 240 acres of property including Minnequa Lake and associated water
rights to be included in an augmentation plan to cover the evaporative loss of water
from the lake and for the irrigation ditch rights to be used for irrigating developed park
areas on the property. The City currently owns 80 acres along the south boundary of
the lake property that would be included in an overall park, open space, and regional
stormwater detention and water quality enhancement facility. The combining of a
large park and open space area with a regional storm water facility allows for the
pooling of the City's financial resources in a way that could provide a significant
saving of both the community's tax dollars and stormwater utility resources.
The estimated budget for the planning grant (Phase 1) is $95,100, which includes the
following funding sources:
$ 45,000 Great Outdoors Colorado (cash)
$ 48,600 Stormwater Utility Fund (cash)
$ 3,000 Pueblo Board of Water Works (in -kind)
$ 600 Colorado Division of Wildlife (in -kind)
$ 95,100 TOTAL COST
FINANCIAL IMPACT
The financial impact to the City will increase as each phase of the project is
completed and is described below for each phase of the project:
PHASE 1
The City of Pueblo will receive payments from GOCO according to the following
schedule: $15,750 from during the first quarter from April to June 2004; $11,250
during the quarter from October to December; and $18,000 during the quarter from
April to June 2005. The City's cash match of $48,600 will be provided from the
Stormwater Utility Fund. The Stormwater Utility Funds will be utilized to hire a
consultant to complete studies and inventories of the Minnequa Lake property that
will be utilized for both the park and open space plan, as well as the regional
stormwater and water quality facility plan for Minnequa Lake.
PHASE 2
The Phase 2 financial impact is estimated to be $2.6 million dollars for the acquisition
of the property and water rights including $1.8 million in grant funds from GOCO and
800,000 in matching funds that are anticipated to be provided from one or more of
the following sources: federal appropriation, private and other federal grants, City
Conservation Trust Funds, water conservancy district funds and Stormwater Utility
Funds. The annual operation and maintenance cost for the undeveloped park area is
estimated to be approximately $120,000 ($500 per acre for 240 acres).
PHASE 3
The Phase 3 financial impact is estimated to be $2.5 million dollars for the park and
open space development including $1.18 million in grant funds from GOCO and
$1.32 million in matching funds that are anticipated to be provided from one or more
of the following sources: Urban Park and Recreation Recovery Funds and City
Conservation Trust Funds. The annual operation and maintenance cost is estimated
to increase over time as the park improvements are completed to approximately
$315,000 ($3500 per acre for 50 acres of developed park and $500 per acre for
undeveloped open space and lake).
Great Outdoors Colorado Planning /Capacity Building Grant Agreement
R.T.Vo ITKWT, 1 ►Y
Project Name: Minnequa Lake Park and Open Space Plan
Contract Number: 04326
Completion Date: No later than September 26, 2005
I WAN IR Y 1 *0 9 0 Dh/ l DI,M_1F
Board: The State Board of the Great Outdoors Colorado Trust Fund
Address: 1600 Broadway, Suite 1650
Denver, CO 80202
Telephone: (303) 863 -7522
Facsimile: (303) 863 -7517
Grantee:
City of Pueblo
Address:
#1 City Hall Place
Box 1427
Pueblo, CO 81003
Contact Name:
Mr. Scott Hobson
Contact Title:
Senior Planner
Telephone:
(719) 553 -2244
Facsimile:
(719) 553 -2359
Date: March 26, 2004
CONTEXT OF AGREEMENT:
A. The State Board of the Great Outdoors Colorado Trust Fund (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 appropriates 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. In 1994, the Board created a statewide grant program pursuant to which eligible
entities may apply for grants for Planning and Capacity Building Projects. Grantee submitted a
detailed application, a copy of which is attached hereto and incorporated herein by reference as
Exhibit A (the "Project Application"). The Project Application contemplates the execution of
the Project entitled and described above (the "Project ").
C. The Board approved Grantee's Project Application on March 26, 2004, subject to
the execution of a detailed Grant Agreement, the conditions of which are set forth herein.
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Great Outdoors Colorado Planning /Capacity Building Grant Agreement
D. Grantee anticipates that the Project described in the Project Application will be
substantially completed on or before September 26, 2005 ("Project Completion Date ").
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E. Grantee has undertaken responsibility for obtaining the match (cash and in -kind
contributions) described in the Project Application.
F. The Parties intend this document to be the detailed Grant Agreement
( "Agreement ") required by the Board. The Grantee shall carry out the Project in accordance
with this Agreement and a Work Plan and Budget to be approved by the Executive Director of
the Board pursuant to this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Board and Grantee (collectively referred to as "the Parties ") agree as follows:
1. Grant and Proiect The Board hereby grants to Grantee the sum not to exceed
$45,000.00, subject to the terms of this Agreement (the "Grant "). The Grant shall be used by
Grantee solely to complete the Project as approved by the Board. Grantee hereby agrees to use
its best efforts to complete the Project.
2. Grant Payment Subject to Lottery Proceeds The payment schedule for the Grant set out
in Section 4 of this Agreement is dependent upon sufficient GOCO net lottery proceeds being
available to the Board.
3. Project Scope - Revisions The Project will not be materially modified by the Grantee
without the written approval of the Executive Director of the Board. Grantee hereby agrees to
promptly submit to the Board all material revisions to the Work Plan and Budget. The Board
reserves the right at any stage of the Project to withhold funding if (i) modifications to the
Project are so substantial as to make it, in the Board's reasonable judgment, substantially
different in quality or kind from that approved by the Board, or (ii) there have been delays in the
implementation of the Project which, in the Board's reasonable judgment, make the Project
impracticable. In multi -phase projects, this Agreement only pertains to the identified phase of
the Project, and not the Project as a whole.
4. a. Payment of Grant The Grant will be paid in increments of 35% (Initial
Payment), 25% (Progress Payment), and 40% (Final Payment). Upon satisfaction of all
provisions of the conditions precedent to disbursement described in Section 5 of this Agreement,
and only after fulfilling all requirements, subject to sufficient GOCO net lottery proceeds
being available to the Board, the Board shall disburse funds for the Grant as follows:
$15,750 during the quarter from April to June of 2004 ( "Initial Payment')
$11,250 during the quarter from October to December of 2004 ( "Progress Payment ")
$18,000 during the quarter from April to June of 2005 ( "Final Payment ")
March 18, 2004 Page 2 of 7
Great Outdoors Colorado Planning /Capacity Building Grant Agreement
b. Sufficiency of GOCO Net Lottery Proceeds The Board shall have determined in
its discretion that it has received and has available sufficient GOCO net lottery proceeds to fund
the Grant. In making such determination, the Board may consider all such facts and
circumstances as it deems necessary or desirable, including but not limited to past, current, and
future operating expenses and budgetary needs of GOCO, adequate reserves, and funding
requirements and/or commitments for other past, current, and future projects.
5. Information to Be Provided Prior to Payment NO FUNDS WILL BE DISBURSED BY
THE BOARD UNLESS AND UNTIL THE GRANTEE FURNISHES THE BOARD WITH
THE INFORMATION REQUIRED BY THIS AGREEMENT.
a. Initial Payment Prior to GOCO's execution of this Agreement and Initial
Payment, Grantee shall submit the following information to the Board:
(1) A resolution adopted by the governing body of the Grantee authorizing the
execution of this Agreement and approving the terms and conditions of this Agreement;
(2) If the Grant Amount is less than Grantee requested in the Project
Application, a detailed Budget for the Project reflecting the actual Grant Award and any other
necessary changes and a revised Work Plan reflecting any changes necessitated by Grantee
receiving less - than- anticipated funding. The term "Work Plan" means a description of the goals
and objectives of the Project, the tasks undertaken by Grantee to achieve the goals and
objectives, and the end products /deliverables of the Project.
Progress Payment
(1) Prior to Progress Payment, Grantee shall submit to the Board a completed
Progress Report and Request for Grant Disbursement ("Progress Report"). (The form of the
report is attached as Appendix B to this Agreement.)
(2) The Board may reduce or delay the Progress Payment if, in the Board's
reasonable judgment, Grantee has not demonstrated adequate progress on the Project, has not
spent most of the Initial Payment, or has not raised or spent adequate matching funds. If the
Progress Payment is reduced, the amount reduced will be added to the Final Payment, payable
subject to the requirements of paragraph c. of this Section 5.
(3) Grantee may, at its discretion, decline to submit a Progress Report and
forego its Progress Payment, in which case the Progress Payment will be added to the Final
Payment. Grantee shall inform the Board in writing that it has chosen to forego its Progress
Payment.
(4) The Board assumes no responsibility to remind Grantee that a Progress
Payment is available and a Progress Report due.
March 18, 2004 Page 3 of 7
Great Outdoors Colorado Planning /Capacity Building Grant Agreement
C. Final Payment
(1) Prior to Final Payment, Grantee must provide to the Board certification
that:
(A) the Project has been substantially completed according to the Work
Plan and Budget, along with a Final Report — Project Expenditure Documentation (the "Final
Report') (the form of the report is attached as Appendix C to this Agreement);
(B) 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;
(C) matching funding has been received as outlined in the Final Report
or the status of efforts to secure matching funding has been disclosed to the Board and it has
been found to be satisfactory; and
(D) the representations made to the Board in the Project Application
continue to be true or, if there have been any material changes, the Board has been advised of
such changes and has assented to them.
(2) The Board may reduce or delay the Final Payment if, in the Board's
reasonable judgment, Grantee has not demonstrated adequate progress on the Project, has not
spent most of the Initial or Progress Payments, or has not raised or spent adequate matching
funds.
6. Final Report Due Date/Extensions Grantee shall submit the Final Report to the Board
within sixty (60) days of Project Completion Date. Failure to submit the Final Report within the
specified time period or to request appropriate and timely extensions as described in the Overdue
Grants Policy may result in reduction or loss of Grant funds, even if there are undisbursed
amounts remaining in the grant. For purposes of the.Overdue Grants Policy, the "Project Due
Date" shall be the date the Final Report is due. (The Overdue Grants Policy is attached as
Appendix D to this Agreement.)
7. Disbursements Made on Basis of Costs Incurred Disbursement shall be made on the
basis of costs incurred. A reduction in total Project cost or Grantee's matching funding may
cause a proportional reduction in the grant award.
8. Waiver The Executive Director may waive one or more of the obligations in Section 5
of this Agreement or may require performance of one or more of these obligations subsequent to
disbursement.
9. Compliance with RegulatM Requirements and Federal and State Mandates The
Grantee hereby assumes responsibility for compliance with all regulatory requirements in all
applicable areas, including but not limited to nondiscrimination, worker safety, local labor
preferences, preferred vendor programs, equal employment opportunity, use of competitive
bidding, and other similar requirements. To the extent permitted by law, the Grantee will
March 18, 2004 Page 4 of 7
Great Outdoors Colorado Planning /Capacity Building Grant Agreement
indemnify the Board from any liability or any failure to comply with any such applicable
requirements.
10. Nondiscrimination During the performance of this agreement, the Grantee and its
contractors shall not unlawfully discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical handicap, medical condition,
marital status, age, or sex. The Grantee and its contractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free of such discrimination.
11. Publicity and Project Information
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.
C. Grantee shall give the Board the right and opportunity to use information gained
from the Project.
d. If Grantee uses the Grant to create, maintain, or update its website or uses its
website to disseminate information about the Project, Grantee shall acknowledge Board funding
on its website.
e. If Grantee uses the Grant to create, publish, or update any written material or uses
such written material to disseminate information about the Project, Grantee shall acknowledge
Board funding in the written material.
f. If any events are planned in relationship to or as part of the Project, Grantee shall -
acknowledge the Board as a contributor to the event and shall notify the Board at least thirty (30)
days prior to the event.
12. Audits and Accounting Grantee shall maintain standard financial accounts, documents,
and records relating to the use, management, and operation of the Project. The accounts,
documents, and records related to the Project shall be retained by the Grantee for five (5) years
following the date of disbursement of funds under this Agreement. The Board, or its designated
agent, shall have the right, upon reasonable notice to the Grantee, to audit the books and records
of Grantee which pertain to the Project and to the use and disposition of Board funds. The
Grantee may use any accounting system which follows the guidelines of "Generally Accepted
Accounting Practices" published by the American Institute of Certified Public Accountants.
13. Withdrawal of Board Funding The Board may withdraw its approval of funding to the
Grantee and cease funding of the Project if, in its sole discretion, it determines conditions have
occurred which fundamentally change the expectations of the Parties or which make the grant
infeasible or impractical.
March 18, 2004 Page 5 of 7
Great Outdoors Colorado Planning /Capacity Building Grant Agreement
22. Entire Agreement/Amendment 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 as an amendment, approved by the Board, and signed by the Parties to
this Agreement.
23. 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 signature to this Agreement transmitted
by telecopy as if they were original documents.
STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
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GRANTEE:
City of Pueblo
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Name: Randy Thurston
Title: President of City Council
Dated: May 24, 2004
March 18, 2004 Page 7 of 7