HomeMy WebLinkAboutMINUTES-05/03/2005-RegularMay 3, 2005
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 3, 2005, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and
Weitkunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Jack Harper, Skyview South resident, opposed the proposed Southwest Enclave Annexation.
Mark Brophy, 1109 West Harmony Road, stated when Council was making decisions on issues such
as the "three unrelated" ordinance an effort should be made to determine why the ordinance was
adopted in the first place. He stated newly adopted laws should also state the reason for their
adoption. He also commented that the City was spending money to lobby the State Legislature and
was giving money to the Colorado Municipal League to lobby the State Legislature. He stated SB
63 would make it illegal to put farmland in an urban renewal district and that he believed that the
City supported that bill, while it was opposed by the Colorado Municipal League. He stated tax
dollars were therefore being used to argue both for and against the bill. He stated he did not believe
that government should use money to lobby for any policy change bill.
Charlene Hayes, Sidekick Flea Market owner, spoke in opposition to the Southwest Enclave
Annexation,
Blaine Robinson, District 5 resident, requested that Council consider an ordinance that would ban
pit bulls and pit bull mixes as had been done in Denver.
Joann Malara, antique mall owner, 6012 South College Avenue, opposed the forced Southwest
Enclave Annexation. She stated the business owners in the Kel-Mar strip were "ardently" opposed
to the annexation.
Courtney Stevens, Director of Community Affairs and President -Elect for ASCSU, stated ASCSU
would look forward to working with the new Council on community conflict issues. She stated
ASCSU, the Board of Realtors and the City were sponsoring a community picnic at City Park on
Saturday.
Lynn Colter, Applewood Estates, spoke in opposition to the Southwest Enclave Annexation and
asked that the City leave some of the area "slightly rural."
May 3, 2005
Paul Anderson, Fort Collins resident, spoke in support of the "three unrelated" ordinance to address
the problem of "flight and loss of single families from our core neighborhoods" resulting from the
influx of overcrowded rentals into the neighborhoods.
Gary Thompson, small business owner and representative of the South 13 Subdivision, opposed the
Southwest Enclave Annexation.
Sandy Robbins, 5801 South Shields Street, spoke in opposition to the Southwest Enclave
Annexation.
Nancy York, Fort Collins resident, addressed the zero -based approach to budget issues and the need
for reductions in the City's energy costs and vehicle miles traveled.
Mayor Hutchinson thanked those who spoke during Citizen Participation.
Agenda Review
City Manager Atteberry stated there would be a work session on the Southwest Enclave Annexation
on May 24. He stated item #151tems Relating to the Crawford Annexation and Zoning was being
withdrawn from the Consent Calendar for discussion and that item # 17 First Reading of Ordinance
No. 050, 2005, Appropriating Unanticipated Revenue in the Capital Projects Fund - Building
Community Choices - New Main Library /Acquisition and Design Capital Project and Authorizing
the Transfer Between Funds of Existing Revenue to be used to Purchase Property Located at 212
LaPorte Avenue had a revised ordinance.
Mark Brophy, 1109 West Harmony Road, withdrew item # 17 First Reading of Ordinance No. 050,
2005, Appropriating Unanticipated Revenue in the Capital Projects Fund - Building Community
Choices - New Main Library /Acquisition and Design Capital Project and Authorizing the Transfer
Between Funds ofExisting Revenue to be used to Purchase Property Located at 212 LaPorte Avenue
from the Consent Calendar.
CONSENT CALENDAR
7. Second Reading of Ordinance No. 039, 2005, Appropriating Unanticipated Grant Revenue
in the Capital Projects Fund - Nix Barn Restoration Capital Project and Authorizing the
Transfer of Appropriations Between Funds for the Purpose of Restoring the Exterior of the
Nix Barn at the Nix Farm Natural Area, 1745 Hoffman Mill Road.
This item requests the appropriation of unanticipated grant revenue in the amount of
$97,500, and authorizes the transfer of $54,000 from the Natural Areas Fund to be used for
stabilization and restoration of the Nix Bam at the Nix Farm, 1745 Hoffman Mill Road.
Ordinance No. 039, 2005, was unanimously adopted on First Reading on April 19, 2005.
May 3, 2005
8. Second Reading of Ordinance No. 040, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
Nearly 100 years ago, the Colorado Legislature passed legislation allowing for the seizure
of illegal contraband used in or gained from criminal activity. The intent is to deter crime
and to recover proceeds gained through criminal conduct and apply those assets to defraying
the costs of law enforcement.
Asset seizure and forfeiture actions are civil cases in Larimer County that have been
reviewed, filed, and pursued by the District Attorney's asset forfeiture specialist, and in
Larimer County they are always accompanied by a parallel criminal prosecution. The
defendant is served with a written summons, an affidavit detailing probable cause, and an
advisement of legal rights and procedures for exercising due process. The defendant is
entitled to a civil trial. Ordinance No. 040, 2005, was unanimously adopted on First Reading
on April 19, 2005.
9. Second Reading of Ordinance No. 041, 2005, Appropriating Unanticipated Revenue in the
Street Oversizing Fund for Transfer to the Capital Project Fund - Drake and Ziegler Road
Improvements Project, Phase I.
The developer of the new King Soopers at the intersection of Drake and Timberline Roads
needs to construct improvements to Drake Road to support their truck access and delivery
to the site. These improvements are adjacent to and overlap the City's Drake and Ziegler
Roadway Project ("Roadway Project"), Timberline to Rigden Parkway.
Since these improvements are for the special use and benefit of the King Soopers site, the
developer is contributing the estimated cost, $135,000. This Ordinance, which was
unanimously adopted on First Reading on April 19, 2005, would appropriate the
unanticipated revenue into the project.
10. Second Reading of Ordinance No. 042, 2005, Amending the Rules and Regulations
Governing Grandview and Roselawn Cemeteries to Allow the Placement of Monuments on
Burial Spaces by Persons Other than the Owner.
Cemetery staff and the City Attorney's office have developed a procedure under which a
person who is not the owner of a burial space could have a monument placed on the space,
provided that he or she is related to the person buried in the space; that the record owner
cannot be located; and that the person making the request agrees to bear any associated costs,
comply with all applicable Cemetery rules and regulations, and hold the City harmless from
any claims arising out of the placement of the monument without the record owner's
consent.
This Ordinance, which was unanimously adopted on First Reading on April 19, 2005, will
authorize amendments to Section 14 of the Cemetery rules and regulations to implement this
new procedure.
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May 3, 2005
11. Second Reading of Ordinance No. 043, 2005, Amending Section 2-353(4) of the Cites
Pertaining to the Planning and ZoningBoard.
oard.
Section 2-353(4) provides that "all" planning items shall be reviewed by the Planning and
Zoning Board in accordance with the Code. The Land Use Code, which is a part of the City
Code, provides that certain planning items are to be reviewed not by the Planning and
Zoning Board, but by the Director in an administrative hearing. This Ordinance, which was
unanimously adopted on First Reading on April 19, 2005, is necessary to bring Section 2-
353(4) into harmony with the provisions of the Land Use Code and the established practices
arising therefrom.
12. Second Reading_of Ordinance No. 044, 2005, Authorizing the Conveyance of City -Owned
Property. Located in the Coventry Subdivision Filing No. 1, Fort Collins. Colorado, to
Coventry Home Owners' Association, in Exchange for a Conservation Easement Preserving
the Property.
This Ordinance, which was unanimously adopted on First Reading on April 19, 2005,
authorizes the conveyance of a 2.197 acre tract, referred to as Hidden Cattails Natural Area,
to Coventry Home Owners' Association ("HOA"). As part of the proposed transaction, the
HOA would convey to the City a conservation easement agreement that would give the City
the right to preserve and protect the conservation values of the property in perpetuity. The
conservation values include viewshed, natural area, and wetland and stream habitat values.
13. Second Reading of Ordinance No. 045, 2005, Desi ng ating the Remington House, 124 North
Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the City Code.
The owners of the property, Mark and Elizabeth Knapp, are initiating this request for Fort
Collins Landmark designation for the Remington House. The home retains excellent
physical integrity and isjudged to be architecturally significant to our community under Fort
Collins Landmark Standard (3). It is a minimally altered, well-preserved, vernacular
example of the side -gabled variant of the Prairie style.
Ordinance No. 045, 2005, was unanimously adopted on First Reading on April 19, 2005.
14 Second Reading of Ordinance No. 046, 2005, Vacating Two Portions of Right -of -Way as
Dedicated on the Plat of Side Hill, Filing One.
The Side Hill development site is located north of Drake Road and east of Timberline Road.
As a part of Side Hill, Filing One, it was anticipated that an unnamed street would extend
northeasterly beyond Katandin Drive and that Trestle Road would extend westerly beyond
Windrow Drive. Street stubs for both of these anticipated streets were dedicated with Side
Hill, Filing One. In Side Hill, Filing Two, for which an Administrative Hearing was held on
December 16, 2004, the street stubs are no longer needed and the streets are not planned to
extend beyond Windrow Drive. Therefore, the right-of-way for the two street stubs is no
May 3, 2005
longer necessary and is proposed for vacation at this time. As there are currently utilities
within the right-of-way, the area will be retained as a utility easement.
Ordinance No. 046, 2005, was unanimously adopted on First Reading on April 19, 2005.
15. Items Relating to the Crawford Annexation and Zoning_
A. Second Reading of Ordinance No. 047, 2005, Annexing Property Known as the
Crawford Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 048, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Crawford Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 30.04 acres in
size. The site is located approximately one-half mile west of North College Avenue on the
south side of West Willox Lane. Contiguity is gained along the eastern boundary which is
shared with Hickory Village Mobile Home Park. Contiguity is also gained along a portion
of the south property line which is shared with the City of Fort Collins Soft Gold
Neighborhood Park. The recommended zoning is U-E, Urban Estate. This zoning complies
with the Structure Plan Map.
Ordinance Nos. 047 and 048, 2005 were unanimously adopted on First Reading on April 19,
2005.
16. First Reading of Ordinance No. 049, 2005, Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
The Fort Collins Housing Authority ("Authority") paid the City of Fort Collins $12,033 as
a 2004 payment for public services and facilities. The Authority annually requests that the
City refund the Payment in Lieu of Taxes (PILOT) to fund sorely needed affordable housing
related activities and to attend to the low-income housing needs of Fort Collins residents.
Resolution 1992-093 reinstated the requirement that the Authority make annual PILOT
payments to the City. The City may spend the PILOT revenues as it deems appropriate in
accordance with law, including remitting the funds to the Authority if the Council
determines that such remittal serves a valid public purpose. The Council has remitted the
PILOT payment to the Authority annually since 1992.
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17. First Reading of Ordinance No. 050, 2005, Appropriating Unanticipated Revenue in the
Capital Projects Fund - Building Community Choices - New Main Library / Acquisition and
Design Capital Project and Authorizing the Transfer Between Funds of Existing Revenue
to be used to Purchase Property Located at 212 LaPorte Avenue.
The City of Fort Collins developed the Downtown Civic Center Master Plan in 1996. At that
time, the Plan called for Block 32 to have municipal government offices and a library. The
Plan includes a pedestrian corridor through the middle of the block. The City has purchased
most of the Block, but there are currently two properties still under individual ownership.
During the design phase of the office building at 215 North Mason, staff attempted to
acquire the property 212 West LaPorte Avenue. The owner did not want to sell. The
decision was made to design and construct the building without impacting the property at
212 West LaPorte Avenue. The existing building impacted the continued flow of the
pedestrian corridor and there have been parking issues since the City's occupation of the
office building.
The owner of 212 West LaPorte Avenue is moving his business and has approached the City
to purchase the property. This is a good opportunity to purchase this site for our future use
on the Block. With this property, the City will own the entire Block except for the
southwesterly corner. Buying today with a willing seller will save the City money in the
future and, until the Block is developed, the City will rent the property to generate income.
18. First Reading of Ordinance No. 051, 2005, Amending Section 23801 of the Fort Collins
Traffic Code Pertaining to License Plates.
At the time of the adoption of the Traffic Code, it was the understanding of staff and Council
that the Traffic Code would most likely be subject to future amendments, not only for the
purpose of clarification and correction of errors, but also for the purpose of ensuring that the
Traffic Code remains consistent with State traffic laws. This amendment will require
motorcycles, trailers, and other vehicles to attach license plates to the rear of the vehicle.
This change is necessary for the section to be consistent with state law.
Staff will submit the changes to Colorado Department of Transportation (CDOT) for
approval pursuant to statute. As this amendment is made to conform to state law, it is
anticipated that CDOT will approve the amendment.
19. First Reading of Ordinance No. 052,2005,VacatingaPortion ofRight-of-Wavas Dedicated
on the Plat of Prospect Industrial Park.
The Liberty Commons School site is located on the north and west sides of March Court cul-
de-sac. The current school building is at the northwest corner of March Court and Sharp
Point Drive. The area to the west of the cul-de-sac is currently vacant land. The Liberty
Commons School desires to build a running track for the school's use on this vacant land.
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May 3, 2005
The width of the land is not adequate to build a running track that will meet competition
standards, thus they would like to shorten the existing cul-de-sac, vacate a portion of the
existing right-of-way and use this area for construction of a running track. At the completion
of the project the revised cul-de-sac will have the same functionality as the original March
Court cul-de-sac.
All public and private utilities have been notified of the proposed vacation and they report
no objections, provided portions of the cul-de-sac are retained as utility easements. With this
ordinance the entire area proposed to be vacated will be retained as a utility, drainage and
access easement. This will allow the cul-de-sac to remain until the new March Court cul-de-
sac can be built and accepted. Portions of the easement will then be vacated to allow for the
construction of the running track in this area.
20. Resolution 2005-041 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Airpark Village Annexation.
The Airpark Village is 147.83 acres in size. The site is existing privately owned airport
located north of East Lincoln Avenue, south of East Vine Drive and west of Timberline
Road. Contiguity with the existing municipal boundary is gained along portions of the west
and east property lines. The east property line abuts the Dry Creek Subdivision.
The proposed Resolution states that it is the City's intent to annex this property and directs
that the published notice required by State law be given of the Council's hearing to consider
the needed annexation ordinance. The hearing will be held at the time of First Reading of
the annexation and zoning ordinances on June 7, 2005. Not less than 30 days prior,
published notice is required by State law.
21. Resolution 2005-042 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Kingdom Hall Annexation.
The Kingdom Hall Annexation is 3.87 acres in size. The site is 2104 Kechter Road located
at the northeast comer of South Timberline Road and Kechter Road. Contiguity with the
existing municipal boundary is gained along the entire west boundary which abuts
Timberline Road the Willow Springs subdivision.
The proposed Resolution states that it is the City's intent to annex this property and directs
that the published notice required by State law be given of the Council's hearing to consider
the needed annexation ordinance. The hearing will be held at the time of First Reading of
the annexation and zoning ordinances on June 7, 2005. Not less than 30 days prior,
published notice is required by State law.
22. Routine Easements.
A. Easement for construction and maintenance of public utilities from The Duke and
Barbara Schaeffer Living Trust, to install an oval vault to place the existing overhead
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electric service underground, located at 2300 South College Avenue. Monetary
consideration: $250.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 039, 2005, Appropriating Unanticipated Grant Revenue
in the Capital Projects Fund - Nix Barn Restoration Capital Project and Authorizing the
Transfer of Appropriations Between Funds for the Purpose of Restoring the Exterior of the
Nix Barn at the Nix Farm Natural Area, 1745 Hoffman Mill Road.
8. Second Reading of Ordinance No. 040, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
9. Second Reading of Ordinance No. 041, 2005, Appropriating Unanticipated Revenue in the
Street Oversizing Fund for Transfer to the Capital Project Fund - Drake and Ziegler Road
Improvements Project, Phase I.
10. Second Reading of Ordinance No. 042, 2005, Amending the Rules and Regulations
Governing Grandview and Roselawn Cemeteries to Allow the Placement of Monuments on
Burial Spaces by Persons Other than the Owner.
11. Second Reading of Ordinance No. 043, 2005, Amending Section 2-353(4) of the City Code
Pertaining to the Planning. and ZoningBoard.
oard.
12. Second Reading of Ordinance No. 044, 2005, Authorizing the Conveyance of City -Owned
Property Located in the Coventry Subdivision Filing No. 1 Fort Collins Colorado, to
Coventry Home Owners' Association, in Exchange for a Conservation Easement Preserving
the Property.
13. Second Reading of Ordinance No. 045, 2005, Desi ng ating the Remington House, 124 North
Sherwood Street Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the City Code.
14. Second Reading of Ordinance No. 046, 2005, Vacating Two Portions of Right -of -Way as
Dedicated on the Plat of Side Hill, Filing One.
Ordinances on First Reading were read by title by City Clerk Krajicek.
16. First Reading of Ordinance No 049, 2005, Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
17. First Reading of Ordinance No. 050, 2005, Appropriating Unanticipated Revenue in the
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May 3, 2005
Capital Projects Fund - Building Community Choices -New Main Library / Acquisition and
Design Capital Project and Authorizing the Transfer Between Funds of Existing Revenue
to be used to Purchase Property Located at 212 LaPorte Avenue.
18. First Reading of Ordinance No. 051, 2005, Amending Section 2380l of the Fort Collins
Traffic Code Pertaining to License Plates.
19. First Reading ofOrdinanceNo.052,2005,Vacating aPortiono£Right-of-WayasDedicated
on the Plat of Prospect Industrial Park.
Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
Resolution 2005-043
Determining that a Modern Roundabout is the
Appropriate Type of Intersection Improvement to be
Constructed at the Crossing of Ziegler and Kechter Roads, Adopted
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Improvements are planned in conjunction with normal Street Oversizing Program roadway
construction. Funding for Street Oversizing Program improvements are through developer
participation and impactfees. Staffanticipates an appropriation ordinance to transfer funding into
a capital project account for construction to follow the determination of this Resolution.
EXECUTIVE SUMMARY
When Modern Roundabouts were first being considered for intersections in Fort Collins, City
Council requested final approval for any roundabouts being constructed. As per Resolution 2001-
120, adopted by the City Council on September 4, 2001, City Council currently requires that any
improvement to arterial intersections follow these steps:
Transportation staff prepares an Intersection Alternative Analysis which
addresses 6 specific criteria.
2. If Transportation staff believes a modern roundabout is the most suitable
alternative, then they send a recommendation to the City Manager.
The City Manager then submits a proposal to City Council for review and
final determination on the arterial intersection improvements.
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May 3, 2005
Transportation staff has completed the Intersection Alternative Analysis for the Ziegler and Kechter
intersection and recommends a modern roundaboutfor the construction of this intersection
Ziegler and Kechter are both two-lane arterial roadways with low to moderate traffic volumes
compared to other roadways in the City. However, its location in this southeast area makes it an
important crossroad for the neighborhood. There are four schools within one mile of the
intersection, including a high school, junior high and two elementary school where the majority of
students are bussed in. Transportation stafffeels safety is a key design criteria at this location.
The Street Oversizing Program is preparing to construct the last remaining leg of these roadways,
including the intersection of Ziegler/Kechter. In accordance with City policy, an alternative
analysis was completed.
The alternative analysis showed a roundabout design would reduce delays, reduce emissions, and
decrease the severity and related costs of accidents while being neutral with respect to pedestrians
and bicyclists. However, the roundabout design did have a higher cost for both construction and
right-of-way acquisition than a traditional intersection.
Staff believes that a roundabout design for this intersection would have significant benefits to traffic
flow and reduce the severity of accidents and is recommending City Council adopt this design for
construction, even though the construction cost is slightly higher.
The Transportation Board heard this proposal at their April 20, 2005 meeting and voted
unanimously to endorse this plan for a modern roundabout subject to the development of a youth
pedestrian safety education plan.
Construction of Ziegler south of Kechter with its connection to Kinard Jr High will be conducted
this summer, with completion before the new 2005-06 school year. To assure that the roundabout
construction does not interfere with school traffic, the existing interim intersection with a four way
stop will remain in place until Summer 2006, when, with Council approval, the roundabout will be
installed.
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In accordance with Resolution 2001-120 of the Council of the City of Fort Collins, staff has
completed its analysis of the Ziegler/Kechter intersection. Transportation staff believes that a
modern roundabout would be a suitable alternative for the improvement of this intersection and
respectfully submits such proposal to Council for its review and final determination.
There are six modern roundabouts in Fort Collins as of 2004, mostly at collector street
intersections. Theproposed roundabout at Ziegler and Kechter would be the first arterial/arterial
roundabout in the City. However, many other communities in Colorado have used modern
Roundabouts at arterial intersections. A listing of roundabouts in Colorado compiled by CDOT is
included.
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May 3, 2005
The Ziegler and Kechter intersection was paved as an interim improvement with the Sage Creek
residential development. Existing irrigation structures in use at the time did not allow the
intersection to be built to its final configuration. The irrigation lines have since been re-routed and
final construction of the intersection has been planned in conjunction with roadway improvements
to Ziegler Road for the Kinard Junior High School.
There are four schools within one mile of this intersection where the vast majority of students are
bused in. The Fossil Ridge High School, Zach Elementary, Bacon Elementary, and the Kinard
Junior High scheduled for construction in 2006, all place morning and afternoon commuter traffic
through the intersection. Ziegler, and Kechter are also the main commuter routes into and out of
the area neighborhoods, with the HP and Celestica sites one mile north of this intersection.
In accordance with City Council policy, anytime an arterial/arterial improvement is planned, an
alternative analysis of the intersection for potential placement of a roundabout is required. This
analysis was completed. It included review of intersection level of service and delay times,
automobile emissions/environmental calculations, accident severity and related costs, alternative
mode mobility, cost to construct, and spatial requirements for right-of-way acquisition. The
analysis concluded that a modern roundabout would be a suitable solution for this intersection.
Level o Service —Level of Service is a rating system based on the delay time at an intersection and
is graded A thru F. Level of Service A being the least amount of delay at 0-10 seconds and Level
of Service F being a failing intersection with over 80 seconds ofdelay time. At the Ziegler/Kechter
location, a traditional intersection will maintain an acceptable Level of Service "C ". The modern
roundabout alternative would result in a Level of Service "A ".
Automobile Emissions — With less delay time at the intersection, a modern roundabout would result
in less emissions. Staff estimates a reduction of 1.3 tons of pollutants by using the roundabout
alternative.
Accident Analysis — The Insurance Institute for Highway Safety concludes injury accidents in a
roundabout are extremely rare. Comparing accidents and accident related costs, such as car
damage and bodily injury, shows the roundabout alternative saving Fort Collins citizens over
$32, 000 per year. With a large number of new teenage drivers attending the adjacent high school,
reducing accidents and accident severity makes the roundabout is a better choice for intersection
design.
Spatial Requirements — The traditional intersection will fit into the right-of-way already dedicated
with development. The roundabout design has been estimated to be 130 feet in diameter, requiring
the acquisition of additional right-of-way at the intersection. Some of the impacts to existing
developments can be minimized by shifting the circle somewhat. The roundabout also requires some
utilities to be relocated.
Construction Costs —The traditional intersection is slightly lower in construction costs. The modern
roundabout design is 15% higher to initially construct. The roundabout design does save some
traffic signal maintenance and operating costs, which in the long term, may offset the higher initial
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May 3, 2005
cost. With this being the first experience the City has with roundabouts, extra design engineering
and consulting fees can be expected with this project. As staff becomes more familiar with the
important design parameters of these types of intersections, these additional design fees will
decrease.
Alternative Mode Mobility — The traditional intersection has a signal to assist bicyclists and
pedestrians in crossing the road. Pedestrians need to pay attention to vehicles operating in the
same phase (left turn on green). A roundabout does not have a signal, however, with slow operating
speeds (20 mph) and only one lane of traffic to cross between refuge areas, the roundabout is easily
negotiated. If this intersection were to become a "safe route to school " with either design, it would
most likely have a crossing guard to assist elementary school students. "
City Manager Atteberry introduced the agenda item.
Don Bachman, Transportation Services, stated the Resolution would direct staff to construct a
modern roundabout at the intersection of Ziegler and Kechter Roads in south Fort Collins. He stated
the intersection was due for improvement as part of a street oversizing project to improve Ziegler
Road south of Kechter Road because of the construction of the new Kinard Junior High School.
Matt Baker, Transportation Services, stated Resolution 2001-120 required the City to make an
intersection alternative analysis for any road improvement project planned on an arterial
intersection. He stated the process was that an analysis and staff recommendation were presented
to the City Manager and that the Council would subsequently review and make the final decision
regarding the arterial intersection improvements. He stated Ziegler and Kechter Roads were minor
arterial roadways and that intersection construction was planned for 2005 in support of the Kinard
Junior High School. He stated there were four schools within one mile of the intersection. He stated
the Council packet included the alternative intersection analysis. He stated a neighborhood meeting
was attended by about 40 people and that there was an even split of people in favor and people
opposed to the roundabout. He stated if the Council approved the Resolution that staff would begin
the design phase of the project. He presented visual information regarding the horizontal conceptual
layout of the roundabout. He stated there were six criteria used in the intersection analysis: average
delay, accident analysis, environmental factors, cost, alternative mode mobility, and spatial
requirements. He stated 20-year projections for traffic volumes at the intersection showed level of
service C with a traditional intersection and level of service A with a roundabout. He stated peak
hour automobile emissions with a roundabout would be about 11/2 tons less per year than with a
traditional intersection and that over six tons per year would be saved when the entire day of traffic
was taken into account. He stated the traditional intersection would cost $331,000 and that a modem
roundabout would cost about $379,000. He stated there would be signal light maintenance savings
with the roundabout. He stated the long term costs of the traditional intersection and roundabout
would be approximately the same. He stated roundabouts reduced the number and severity of
accidents and that the projected savings with the modern roundabout would be 1.75 injuries per year
and over five property damage accidents per year. He stated using National Safety Council data
there would be a savings of $32,000 in accident related costs. He stated alternative mode mobility
was an important criteria because of the four schools in the area. He stated modern roundabouts
were safer for pedestrians because the number of conflict points would be reduced and speeds would
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May 3, 2005
be lower. He stated staff had studied the literature on roundabouts near schools and that studies
showed that accidents were significantly reduced with the roundabouts. He stated a roundabout
would require more right-of-way than a traditional intersection. He stated after reviewing the
criteria staff was recommending a roundabout at the intersection. He presented visual information
showing an aerial view of the proposed roundabout. He outlined the public participation process
on the proposal and stated some of the public input received would be incorporated into the design
effort. He showed visual information illustrating low knee walls that would be used to encourage
pedestrians to cross at the crosswalks. He stated staffs recommendation was that a roundabout
would reduce delays, emissions and the frequency and severity of accidents. He stated the
roundabout would have a higher construction cost and would require additional right-of-way. He
stated staff believed that the modern roundabout at this intersection would have significant
advantages and benefits to traffic flow.
Mark Brophy, 1109 West Harmony Road, spoke regarding his experiences with the roundabouts in
Vail and Avon and stated they were safer than traditional intersections.
Councilmember Weitkunat asked about the school district's comments regarding the roundabout.
Bachman stated the biggest concern that was expressed related to pedestrian safety and the need for
traffic signals. He stated this was the basis for the suggested addition of barrier walls. He stated
some "discomfort" was expressed that this was "something different."
Councilmember Weitkunat asked if the barrier walls would "channel" pedestrians where they should
walk and if staff was receptive to putting this into the design. Bachman stated staff was receptive
to the idea and would look at different designs.
Councilmember Brown stated he attended the outreach session and heard input on both sides of the
issue. He stated he was glad to see that staff was incorporating the public input. He stated he drove
the roundabout on Denver Street in Loveland and that there was a sidewalk on the center island in
that case. He asked if there would be a sidewalk around the center island in the plan for this
intersection. Eric Bracke, Traffic Engineer, stated there was no sidewalk on the Denver Street
roundabout and that it was actually a truck apron to allow larger vehicles to mount the curb if they
had trouble getting around it. He stated he would recommend that nothing be put on the middle
island that was "attractive" to people such as a statue and that dense landscaping be installed instead.
Councilmember Brown asked if it would be possible to have a four -foot tall railing rather than a
barrier wall. Bracke stated a railing would work the same as the wall and that a wall would be more
decorative.
Councilmember Brown asked about problems with snow removal from roundabouts. Bracke stated
there were roundabouts in "snow country" all over the world and that there were several simple
options for snow removal.
Councilmember Brown asked if the crosswalk and entry to the crosswalk would also be cleared.
Bracke stated the snowplow would go through the entryway and come out through the exits and that
this would clear the crosswalk.
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May 3, 2005
Councilmember Brown asked if there would be bike lanes in the roundabout. Bracke stated bicycles
could use the roundabout although there would be no bike lanes within the roundabout. He stated
there would also be option for bicycles to get off the roundabout onto the sidewalk and to reenter
the roundabout at the crosswalk. Baker stated the lanes were 22 feet wide and that there would
sufficient room for a bike to safely negotiate the roundabout.
Councilmember Brown asked what kind of input the school district had on the roundabout. Baker
stated the school district's main concern was pedestrian safety.
Councilmember Brown asked if the school district was convinced that the roundabout would work.
Baker stated the school district now understood that roundabouts reduced accidents and increased
pedestrian safety.
Mayor Hutchinson stated the only comparative data he had seen was from Holland where
roundabouts were common. He asked if there was comparative data for situations such as this where
people were not used to roundabouts. Baker stated there were so few pedestrian accidents in
roundabouts that it was difficult to assemble such data. Bracke stated pedestrian accidents in
roundabouts were a rare occurrance. He stated in the United States crash severity had been reduced
by about 76% and that there had been reductions in fatal and incapacitating injuries of about 90%
over traditional intersections.
Councilmember Kastein asked if there would be a single lane 22 feet wide. Baker replied in the
affirmative.
Councilmember Ohlson asked if the roundabout or the traditional intersection would require more
room. Baker stated the roundabout would require more right-of-way in this particular case. He
stated in other cases a roundabout would actually require less right-of-way.
Councilmember Brown asked how the roundabout would be constructed without disrupting traffic.
Baker stated construction would be done a quarter at a time.
Councilmember Kastein asked if there would be a public input session before completion of the
design. Baker stated there would be one or two open houses to solicit input from the neighborhood
and other affected parties.
Mayor Hutchinson asked about the impact on the safety and throughput operation of the roundabout
if traffic signals were added. Bracke stated installation of traffic signals would be done only if the
roundabout became congested or if there was a need for it for the pedestrian crossing. He stated the
addition of traffic signals could "block up" the roundabout and make it less efficient.
Councilmember Roy noted that it would cost $2,500 more per year with signals.
Councilmember Brown asked if crossing guards would be used to help school children learn how
to use the roundabout. Bracke stated the junior high school was planning to bus most of the school
children and that it was not anticipated that there would be many pedestrians. He stated there would
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May 3, 2005
be virtually no pedestrians for the high school and that the elementary school was currently almost
entirely drive-in. He stated no pedestrians were anticipated at this location. He stated the City
would work with the school district to provide a crossing guard if necessary for either a roundabout
or a standard intersection.
Councilmember Brown made a motion, seconded by Councilmember Ohlson, to adopt Resolution
2005-043.
Councilmember Ohlson stated there might be a need in the beginning for temporary (rather than
permanent) crossing guards at this location even if there were only a few pedestrians. He suggested
that any barrier walls not be made a "skateboarder's haven."
Councilmember Weitkunat stated this was an appropriate place for a roundabout. She stated the
most important thing was the safety of children and that an "education process" needed to be
incorporated into the project. She asked when the roundabout would be completed. Bachman stated
the roundabout would be installed in the summer of 2006.
Councilmember Weitkunat stated the barrier walls should be made "less attractive" and less like play
places and possibly more like railings. She urged caution on making the barrier walls too
aesthetically pleasing. She stated she strongly supported keeping the public informed through
outreach sessions.
Mayor Hutchinson noted that this was the first time a roundabout would be placed on an arterial
street in Fort Collins. He stated the cautions that had been expressed were appropriate because this
would be a "new experience" for the City. He stated he was pleased that there was a process in place
to determine whether a roundabout was appropriate at a specific location. He stated he had a
"twinge" about some of the safety issues and was confident that staff would follow through with
appropriate precautions.
Councilmember Manvel stated he had experience with roundabouts in the Washington D.C. area
where roundabouts were known to people. He stated this appeared to be a suitable location for a
roundabout and noted that there would be some "learning to do." He stated he supported the
roundabout with the "caveats" noted by others.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
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May 3, 2005
Items Relating to Making Board and Commission Liaison
Assignments and Various Committee, Board and Authority Appointments, Adopted
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 2005-044 Making Board and Commission Liaison Assignments and Various
Committee, Board, and Authority Appointments.
B. Resolution 2005-045 Making an Appointment to the Fort Collins Housing Authority Board
of Commissioners, Postponed to May 17, 2005.
C. Resolution 2005-046 Approving and Endorsing theAppointment ofa Councilmember to the
Larimer County Fair Board.
D. Resolution 2005-047 Appointing a Representative to the Larimer County Open Lands
Advisory Board.
Following the Council reorganization meeting in April of odd -numbered years, Councilmembers
decide which ofthe various board and commission liaison assignments and committee appointments
are of interest to them as individuals. Resolution 2005-044 has been prepared so that the names of
individual Councilmembers can be inserted in the blank spaces. Separate Resolutions have also
been prepared approving appointments to the Fort Collins Housing Authority, the Larimer County
Fair Board and the Larimer County Open Lands Advisory Board.
A grid reflecting appointments as ofApril 5, 2005, as well as a blankgrid, are attached as planning
tools for Council's use in determining assignments each Councilmember may be interested in
assuming. Briefdescriptions ofboard and commission and committee functions are also attached."
City Manager Atteberry introduced the agenda item.
Wanda Krajicek, City Clerk, stated the Council had received a packet of information with the names
filled in on Resolution 2005-044 based on retreat discussions. She stated names would need to be
inserted for the Downtown Development Authority and North Front Range EIS Project Regional
Coordination Committee. She stated the Council would also need to make an appointment to the
Housing Authority.
Mayor Hutchinson stated Councilmember Brown had volunteered to serve on the North Front Range
EIS Project Regional Coordination Committee.
Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to adopt
Resolution 2005-044, inserting the name Kurt Kastein as the representative to the Downtown
Development Authority and Karen Weitkunat as the alternate.
1E.
May 3, 2005
Councilmember Weitkunat asked if the motion needed to insert the name Diggs Brown as the North
Front Range EIS Project Regional Coordination Committee. City Attorney Roy stated the Mayor's
announcement established that Councilmember Brown's name would be inserted as the
representative to the North Front Range EIS Project Regional Coordination Committee.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
Mayor Hutchinson asked if there were volunteers to serve on the Housing Authority.
City Attorney Roy noted that there was a revised version of Resolution 2005-045 reflecting the fact
that former Councilmember Tharp had resigned her position on the Housing Authority requiring the
filling of the vacancy.
Mayor Hutchinson asked if Council had the option to leave the vacancy open. City Attorney Roy
stated he would check the relevant State Statute.
Councilmember Weitkunat noted that the Housing Authority appointment was for five years and
asked if there was some mechanism to shorten the term. City Clerk Krajicek stated the five-year
term was a statutory rather than local requirement.
Councilmember Weitkunat asked if it would be possible to appoint someone who was not on the
Council. City Attorney Roy stated he would need to research the statutory provision.
Mayor Hutchinson stated the Council would proceed with the other items to allow the City Attorney
an opportunity to research the statute.
Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt Resolution
2005-046. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson,
Kastein, Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Ohlson made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2005-047. The vote on the motion was as follows: Yeas: Councilmembers Brown,
Hutchinson, Kastein, Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
City Attorney Roy explained that if no Councilmember wished to serve on the Housing Authority
that the statute permitted the appointment of someone who was not a Councilmember.
Councilmember Weitkunat asked if the Council could take more time to make such an appointment.
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May 3, 2005
City Attorney Roy stated the vacancy must be filled within 30 days of the date of the resignation
(May 1) and that the Council would have until the next Council meeting to fill the vacancy.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein to postpone
Resolution 2005-045 to May 17, 2005.
Councilmember Roy suggested that the Council consider a public process if an appointment was to
be made from the community.
City Attorney Roy suggested that because of the 30-day requirement that the Council determine by
consensus or motion whether the appointee would be a Councilmember or direct staff to advertise
for applicants.
Councilmember Weitkunat expressed a concern that a Council responsibility might be "abrograted"
to a citizen. She stated it was important that Council have an active connection to the Housing
Authority. She suggested that the Council have some conversations about someone from Council
serving.
Mayor Hutchinson stated former Councilmember Tharp indicated that the position was an important
one and that she was resigning because she believed that this should be a Council responsibility.
Councilmember Ohlson asked if former Councilmember Tharp would be willing to continue to serve
in that position.
Mayor Hutchinson stated inquiry could be made to determine if former Councilmember Tharp was
willing to continue to serve.
City Manager Atteberry stated there was a significant lawsuit involving the Housing Authority
several years ago and that subsequently the Council and staff became much more involved in the
affairs of the Housing Authority. He strongly recommended that the Council appoint a
Councilmember to serve.
Mayor Hutchinson stated the understanding was that Councilmembers would continue to work
amongst themselves to fill the vacancy before the 30-day deadline.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson and Weitkunat. Nays: Councilmember Roy.
THE MOTION CARRIED
:1
May 3, 2005
Resolution 2005-048
Making Findings of Fact and Conclusions Pertaining to the Appeal of the
Determination of the Planning and Zoning Board
Reaarding the Feather Ridge Modification of Standard, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At its April 19, 2005 hearing, by a 5-2 vote (Nays: Councilmember Weitkunat and Mayor
Hutchinson), the City Council upheld the Planning and Zoning Board's denial of the Feather Ridge
request for modification of the standard pertaining to the separation from residential areas
contained in Section 3.8.27(C) of the Land Use Code.
City Council upheld the Planning and Zoning Board's action based on the findings that the Board
did not fail to conduct a fair hearing either by considering evidence that was substantially false or
grossly misleading or by exceeding its authority or jurisdiction.
The denial of the modification ofstandard limits the use of the farm house on the subject property.
The farm house cannot be used for the holding of celebrations or events, as a small scale reception
center, nor can it be used to provide support to a small scale reception center. However, it may
continue to be used as a single family residence. Use of the farmhouse for other residential uses,
institutional uses, and commercial uses, such as a child care center or bed and breakfast, would be
subject to a review process as outlined within the Urban Estate zone district. Should the applicant
desire to relocate the farmhouse in a manner meeting the separation requirements, the development
plan must be formally amended. "
City Attorney Roy explained that this was not a rehearing and was a Resolution making findings of
facts and conclusions to finalize the Council's decision for the purpose of any subsequent court
appeal.
Councilmember Manvel made a motion, seconded by Councilmember Brown, to adopt Resolution
2005-048. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson,
Kastein, Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
iW
May 3, 2005
Items Relating to the Crawford Annexation
and Zoning, Postponed to May 17, 2005
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 047, 2005, Annexing Property Known as the Crawford
Annexation to the City offort Collins, Colorado.
B. Second Reading of Ordinance No. 048, 2005, Amending the Zoning Map ofthe City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Crawford
Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 30.04 acres in size.
The site is located approximately one-half mile west of North College Avenue on the south side of
West Willox Lane. Contiguity is gained along the eastern boundary which is shared with Hickory
Village Mobile Home Park. Contiguity is also gained along a portion of the south property line
which is shared with the City of Fort Collins Soft Gold Neighborhood Park. The recommended
zoning is U-E, Urban Estate. This zoning complies with the Structure Plan Map.
Ordinance Nos. 047 and 048, 2005 were unanimously adopted on First Reading on April 19, 2005. "
City Manager Atteberry introduced the agenda item.
Ted Shepard, City Planner, stated this was Second Reading of an annexation ordinance and a zoning
ordinance for the Crawford Annexation located on West Willox Lane about a half mile west of
College Avenue and a half mile east of Shields Street. He stated this item was withdrawn from the
Consent Calendar because an abutting owner to the south had an issue with the westerly 30 feet of
the parcel. He stated Council had been provided with a memo stating that staffs position was that
the annexation plat was in order.
Norman Wyatt, Mile High Land and Homes, representing the annexation applicant, stated an
exhaustive title search had been done regarding the 30 feet and that no break had been found in the
chain of title. He stated the property was homesteaded in 1895 by the Willox family.
Patrick Pakech, 1522 Wood Lane, representing the property owners on Wood Lane, submitted a
copy of a road maintenance agreement and letter from County Engineer Jerry Rice. He stated both
items referred to Wood Lane as a private road. He stated the title company had them obtain the
signatures of property owners that resided on Wood Lane before closing on the property stating that
Wood Lane was a private road. He stated Mr. Willox's signature was not required on the document.
He stated the County had always told the property owners that Wood Lane was never accepted as
a public road by the County. He requested that Wood Lane be removed from the Crawford
Annexation and/or postponed until further legal matters on the road could be determined. He stated
other concerns included traffic and safety issues. He stated visibility to access Willox Street from
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May 3, 2005
Wood Lane would be a safety concern. He stated access to the Crawford property would have to
be moved further to the east to address those concerns. He stated since 1992 all maintenance on the
road was paid for by the property owners on Wood Lane. He stated Mr. Willox and his son had
never paid for the maintenance of Wood Lane. He requested that the Council consider the concerns
that he had expressed.
Mr. Wyatt stated the applicant was not disputing whether that was a private road. He stated was
shown on the map as a private access easement. He stated his research pertained to the ownership
of the land beneath the easement. He stated there was no break in the ownership and that the
applicant did own the land underneath that easement. He stated the applicant was not disputing
access to that easement.
Councilmember Weitkunat asked if the issue was whether this was a private road or whether it was
a private access easement. She asked how that related to the matter of annexation. Shepard stated
the seller's representative and the City and Mr. Pakech all agreed that it was "private." He stated the
City had been told that the issue was who was the underlying fee simple owner of the road. He
stated he understood that the contention was that the owner was not the seller and therefore it could
not be included in the annexation plat. He stated the City's research and the seller's research
indicated that the underlying fee simple owner was the seller. He stated the roadway was "private,"
that it was an "easement" and that everyone had the right to use it. He stated the City's position was
that underlying ownership remained with the annexation applicant and that the annexation plat was
proper.
Mayor Hutchinson asked if Council wished to suspend the rules and allow additional citizen
comments. The consensus was to allow additional comments.
Jean Pakech, 1522 Wood Lane, stated there was documentation that Wood Lane was not part of the
Willox property and not an "easement." She stated they were working with an attorney and had
found some old records that could provide additional documentation. She requested additional time
to consult with an attorney.
Mr. Wyatt stated Mr. White's letter indicated that he had not done title research and that extensive
title research would be needed to answer the questions. He stated he had completed the extensive
research that Mr. White's letter indicated was necessary. He stated the boundary line adjustment that
was done for the Pakechs indicated that the boundary line went to the section line and that the
underlying ground was the Willox property.
Mayor Hutchinson stated additional input was allowed because it appeared that some new
information was coming forth that was not "crystal clear." He asked staff for a recommendation
regarding the need for extra time.
Councilmember Ohlson stated he had the same question. He stated the Council needed to know if
there was "time sensitivity" with regard to this matter. Shepard stated Second Reading could be
completed in two weeks.
E:3I
May 3, 2005
Councilmember Kastein what the effect would be if the Council proceeded with the annexation and
the ownership of the land was disputed at some point. Shepard stated the ordinance would go into
effect 10 days after Second Reading and that if a "flaw" was discovered the ordinance would not be
recorded. He stated the City could renotify for a public hearing for a Second Reading. City
Attorney Roy stated from a legal standpoint this issue "would not matter" with regard to the City's
ability to annex the property. He stated if Council wanted to ensure that it had all of the salient facts
before making a decision that his recommendation would be to postpone to May 17.
Councilmember Manvel made a motion, seconded by Councilmember Brown, to postpone to May
17, 2005.
Councilmember Ohlson stated postponement would respect all sides and allow time to be taken
without any harm. He stated he would support the motion to postpone to allow time for new
information to come forward.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 050, 2005,
Appropriating Unanticipated Revenue in the Capital Projects Fund -
Building Community Choices - New Main Library / Acquisition and
Design Capital Project and Authorizing the Transfer Between
Funds of Existing Revenue to be used to Purchase Property
Located at 212 LaPorte Avenue, Adopted on First Reading,
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
This Ordinance authorizes City Council to transfer existing appropriations, totaling $345, 000, from
the Capital Projects Fund - Major Building Maintenance capital project to the Capital Projects
Fund - Building Community Choices - New Main Library/Acquisition and Design capital project
to be used with existing appropriations therein, totaling $250,000, to be used to purchase the
property at 212 West LaPorte Avenue.
EXECUTIVE SUMMARY
The City of Fort Collins developed the Downtown Civic Center Master Plan in 1996 At that time,
the Plan called for Block 32 to have municipal government offices and a library. The Plan includes
a pedestrian corridor through the middle of the block. The City has purchased most of the Block,
but there are currently two properties still under individual ownership.
May 3, 2005
The City constructed its new office building on the east half of Block 32 and the Plan contemplates
the construction of the new Library on the westerly side of Block 32. This Library is part of the
Building Community Choices.
During the design phase of the office building at 215 North Mason, staff attempted to acquire the
property 212 West LaPorte Avenue. The owner did not want to sell. The decision was made to
design and construct the building without impacting the property at 212 West LaPorte Avenue. The
existing building impacted the continued flow of the pedestrian corridor and there have been
parking issues since the City's occupation of the office building.
The owner of 212 West LaPorte Avenue is moving his business and has approached the City to
purchase the property. This is a good opportunity to purchase this site for our future use on the
Block. With this property, the City will own the entire Block except for the southwesterly corner.
Buying today with a willing seller will save the City money in the future and, until the Block is
developed, the City will rent the property to generate income.
The purchase price is $625,000. The seller will be leasing the premises after closing until their
building is built. At the time of closing, the purchase price will be credited by $30,000 for ten
month's rent ofthe property. The balance due after this credit is $595, 000, of that there is $250, 000
available in the capital Projects fund - Building Community Choices - New Main
Library/Acquisition and Design capital project. In addition, staff is recommending that Council use
existing appropriations in the Capital Projects Fund - Major Building Maintenance, totaling
$345, 000, for the balance of the purchase price. "
City Manager Atteberry stated staff would be available to answer any questions.
Mark Brophy, It 09 West Harmony Road, stated City staff s justification for purchasing this property
was completing the entire block. He stated two properties were purchased in the block in 2000 and
2001 and that the City budget was in a different condition. He stated after the land was purchased
the voters turned down a proposal to build a new main library. He stated the Council's priority at
this time should be to build a southeast library and that there was no money for that. He stated the
City should not purchase this land and that it was not a proper function of City government to be a
"real estate baron." He asked that the City sell the land in the land banking program and the City's
interest in Block 33.
City Manager Atteberry stated this purchase was directly related to a long term strategy with the
Master Civic Center Plan and was consistent with previous actions and purchases. He stated the
City had been trying to acquire this property for about 10 years. He stated there was now a willing
seller and that the City had an interest in buying the property for long term purposes.
Councilmember Kastein asked what would happen with the library if the City did not acquire that
land. Helen Matson, Land Acquisition, stated Building Community Choices had money designated
for purchasing land for the library on this block. She stated the building on this parcel would need
to be moved regardless of the design of the library.
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May 3, 2005
Councilmember Kastein asked for confirmation that there was currently not enough land for a new
library. Matson stated almost the whole block had been purchased and that this property would be
needed for the library.
Councilmember Kastein asked if the library would be built there without the purchase of this land.
Matson stated the new City building had been designed around the plan and that the library project
would not "flow as well" without this property and that if this property was not purchased it could
impact the library design.
City Manager Atteberry stated staff regularly looks at how to better utilize City facilities. He stated
staff would continue to lease out the property after it was purchased or would determine if it could
be used for a City purpose. He stated as the City looked at its properties and assets that if there was
no long term purpose in continuing to hold those properties and assets that the City would consider
selling them. He stated staff did everything possible to manage its properties.
Councilmember Ohlson requested clarification of language in the agenda item summary that
indicated that this project was part of Building Community Choices. He stated he understood that
the land acquisition was part of Building Community Choices and that the library itself was not.
City Manager Atteberry stated Councilmember Ohlson's understanding was correct.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
050, 2005 on First Reading.
Councilmember Ohlson stated he would like information on this type of agenda item to be included
in the Council's materials regarding who did the appraisal, how independent it was, the appraised
value, and how that compared with the cost.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
Executive Session Authorized
Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to adjourn into
Executive Session for the purposes of considering real property acquisitions under Section 2-
31(a)(3) of the City Code and to consult with attorneys for the City regarding legal issues and
potential litigation under Section 2-31(a)(2) of the City Code.
Councilmember Ohlson asked if the audience could be given a time estimate regarding the duration
of the Executive Session. City Manager Atteberry stated he anticipated that the Executive Session
could take about an hour to an hour and 15 minutes.
May 3, 2005
Mayor Hutchinson stated the Council would reconvene after the Executive Session to entertain any
Other Business and to close this meeting. He noted that a Council Study Session would convene
after adjournment of the regular meeting.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy, and Weitkunat. Nays: None.
THE MOTION CARRIED
(Secretary's Note: The Council adjourned into Executive Session at 7:50 p.m. and reconvened
following the Executive Session at 9:20 p.m.)
Adjournment
The meeting adjourned at 9:20 p.m.
May
ATTEST:
kCity Clerk
RE