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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 ,&0(. y . fQlVe SA 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 0 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? • Approval. p7 riaqu1.`l�� 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. March 18, 2004 Page 1 of 7 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 "). 0 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 I tl���l / f I/i,1I . i ., p GRANTEE: City of Pueblo B `rk.✓��,� -�� Name: Randy Thurston Title: President of City Council Dated: May 24, 2004 March 18, 2004 Page 7 of 7