HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/19/2005 - ITEMS RELATING TO THE TIMBERLINE ROAD, DRAKE TO PR ITEM NUMBER: 27 A-C
AGENDA ITEM SUMMARY DATE: July 19, 200s
FORT COLLINS CITY COUNCIL STAFF: Matt Baker
SUBJECT
Items Relating to the Timberline Road, Drake to Prospect Project and the Creation of Timberline
and Prospect Special Improvement District ("SID") No. 94.
RECOMMENDATION
Staff recommends approval of these items.
FINANCIAL IMPACT
Street improvements are proposed for Timberline Road from Drake to Prospect. Most of the
planned improvements are adjacent to existing and proposed developments and will be constructed
through the Street Oversizing Program. The developers have also agreed to fund additional
improvements needed in order to proceed with their developments in accordance with the City's
Adequate Public Facilities (APF) Ordinance.
Developers have contributed$2,500,000 to the City for the engineering design and construction of
the APF improvements to the Timberline and Prospect intersection. These funds are in conjunction
with the proposed Special Improvement District No. 94 financed privately by property owners
developing in the proposed district.
EXECUTIVE SUMMARY
A. Resolution 2005-083 Approving the Preliminary Report of the Director of Community
Planning and Environmental Services for Timberline and Prospect SID No.94,the Property
to be Assessed for the Improvements, the Assessment Method and the Date when the
Council will Hold a Hearing and Consider the Ordering by Ordinance of the Proposed
Improvements.
B. First Reading of Ordinance No. 084, 2005, Appropriating Unanticipated Revenue in the
Capital Projects Fund - Timberline Road Improvements Project and Appropriating Prior
Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund-
Timberline Road Improvements Project to be used to Construct Improvements on
Timberline Road Between Drake and Prospect Roads.
C. Resolution 2005-084 Authorizing an Exemption to the Use of a Competitive Process for
Additional Professional-Services in Connection with the Timberline, Drake to Prospect
Project.
July 19, 2005 -2- Item No. 27 A-C
The Timberline Road and Prospect Road intersection is the most heavily congested intersection in
the City. In the absence of any City Capital Improvement funding for this intersection, two
impacted developers are electing to privately fund these improvements in order to proceed with their
development projects. These developers are the majority property owners and have proposed the
initiation of an involuntary SID to spread a portion of the costs through assessments to other
undeveloped property in the area benefitted by the improvements.
The proposed Timberline and Prospect SID No. 94 will meet all of the adopted Council Policies
regarding Special Improvement Districts. The creation of the SID will spread the cost of the APF
improvements to all undeveloped property which benefits from the construction.
BACKGROUND
Detailed Summary:
The first item is a Resolution for Council approval, adopting the plans, specifications, estimated
cost, and the method of assessment for the SID. The first step in creating this SID has already been
taken. The property owners submitted petitions asking for the creation of the district. A Resolution
accepting the petitions was approved on November 4, 2003, which directed the City Engineer to
draw up plans and an estimate of the improvements.
Staff has completed the Engineering Report for the Timberline and Prospect SID No. 94 which
studies the following:
1. The location of the proposed district includes the petitioners and rights of
way and easements necessary for construction.
2. The costs and financing including the total project cost, Street Oversizing
Program costs and the assessment methodology. The assessments
methodology is based on the requirements of the City's adequate public
facilities ordinance.
3. Maps of the district, legal descriptions, right-of-way maps, and detailed
construction cost estimates which are included in the report.
4. Summary of the traffic analysis and assessment for each property in the
district.
This Resolution also sets the hearing date for public comment on August 16,2005 at the regular City
Council meeting. At that time, staff will present an Ordinance for Council approval which will
create the SID. At the completion of construction,Council will hear an Ordinance assessing the cost
of the improvements to the properties in the SID for collection.
To meet the requirements of Article X, Section 20 of the Colorado Constitution (TABOR
Amendment), a special election of SID property owners will be held on November 1, 2005. The
ballot question is limited to whether to allow the City to collect the assessments over time. If the
July 19, 2005 -3- Item No. 27 A-C
ballot measure fails, the assessment payment would be due in full immediately. A Resolution
placing the SID assessment question on the November ballot will be presented for consideration by
Council at its meeting on August 16, 2005.
The remaining items are related to the construction of the roadway improvements. An appropriation
ordinance transfers monies received from the developers and the Street Oversizing Fund into the
project account. An authorization of a change order to complete the construction drawings and
related bid documents is also presented.
Over the last several months, staff has been meeting with the property owners who will be affected
by the acquisition of right-of way for the project. Their input has been considered during the
engineering design and has helped resolve many issues,including access,storm water,utility service
and irrigation water.
City Departments have been working together to include utilities and roadways needed for the
planned Police Facility, and will include these improvements in the roadway contract in order to
save time and money for the Police Facility Project.
Staff has also been working with property owners who have requested to have their frontage
improved with this project. Fleischli Enterprises and Integrated Equities have decided to participate
in this project for its benefit, as well as the City's. Both property owners have agreed to contribute
their local street portion and are now completing the engineering design along their frontages to
include in the construction of Timberline Road.
At the August 16 meeting of Council, staff will request authorization of eminent domain
proceedings to insure the timely completion of the project. Staff has met with all the property
owners affected by the Project and begun negotiations on right-of-way and construction easement
acquisition. The authorization of eminent domain would allow the City to obtain possession of
necessary property interests if negotiations are not finalized by the planned construction start date.
Staff is completing appraisals for offers to each property and all properties have been notified by
certified mail of this Council action.
Summary of costs:
APF Improvements (SID No. 94) $2,500,000.00
City of Fort Collins Police Facility
Capital Project Existing Appropriations $1,272,291.00
Sidehill Development Contribution $829,512.00
St. Charles Investment Group Contribution $354,014.00
Fleischli Enterprises Contribution $115,447.00
Integrated Equities Contribution $119,830.00
Street Oversizing Fund Prior Year Reserves
(Including a$212,936 contribution from
Prospect Industrial Park) $3,273,425.00
$6,180,455.00
Total Construction Cost: $8,680,455.00
July 19, 2005 -4- Item No. 27 A-C
Additional Background Information:
Construction is planned to start this fall with the widening of the bridge over Spring Creek,
expansion of the Great Western Railroad crossings on both Timberline and Prospect, and utility
relocations. Construction of the roadway improvements will begin in the Spring of 2006 and be
completed by the end of the year. Utility service and perimeter roadways for the Police Facility will
be included in the Timberline Road Project. This will help with coordination of improvements and
realize significant cost savings for the Police Facility site.
Timberline Road, from Drake to Prospect is currently the highest deficiency segment in the City's
street network. The Timberline/Prospect intersection experiences failing levels of service in both
the morning and afternoon peak hours. Attempts by the City to create a funding mechanism for the
necessary improvements have not been successful.
The City's Adequate Public Facilities Ordinance does not allow any additional development to
impact failing intersections. A conceptual estimate indicates that$2.5 million is needed to improve
the intersection to meet minimum levels of service necessary to allow additional development in the
area. The improvements contemplated are:
• Dedicated right turn lanes on all legs of the intersection
• Double left turn lanes on Timberline
• Additional through lanes on Timberline
These interim improvements will add capacity to the intersection, but will not include landscaped
medians,concrete paving,enhanced crosswalks,or other elements not necessary to increase levels
of Service.
There are two large development parcels which are currently affected by APF. The James Company
is constructing the Sidehill development project on the east side of Timberline and north of Drake
and the St. Charles Investment Group owns 80 acres on the west side of Timberline and north of
Drake. Both of these developments cannot build in the absence of improvements to
Timberline/Prospect. These developers have elected to fund the $2.5 million APF improvements
in order to proceed with their development projects.
There are other smaller undeveloped parcels adjacent to Timberline/Prospect that are also affected
by APF. Some have expressed interest in participating in the cost of improving the
Timberline/Prospect intersection while others have indicated a strategy of waiting until the
improvements are made in order to benefit while avoiding any costs.
The James Company and the St. Charles Investment Group have proposed the formation of an
involuntary SID as a financing mechanism to allow for fair and equitable assessment of all
benefitting property owners. The terms of the district would generally be:
1. The amount financed will be$2.5 million,or the amount needed to make the
improvements to the Timberline/Prospect intersection required by APF.
2. No municipal or City-backed bonds will be issued. Financing will be by the
developers, using cash or private placement bonds. The City will be the
July 19, 2005 -5- Item No. 27 A-C
collection agency for assessments, but will not incur any financial liability.
Actual payment of the$2.5 million by the James Company and Cumberland
Group will not occur until construction bidding (August 2005) to avoid
capitalized interest. Security in the form of a performance bond for $2.5
million has been posted with the City in order for development to continue
during the formation of the SID.
3. The Assessment method will be based on APF and its benefit to undeveloped
property. Several factors, including trip generation, trip distribution, delay
and proximity to the intersection within a one-mile radius are used to
calculate the impact and benefit for each property. Efforts will be made to
obtain consent of any potentially assessable property owner prior to the
creation of the SID.
4. The properties included in the SID will begin repayment of their
proportionate share (the assessments) upon completion of the construction
and final accounting of the costs (tentatively in late 2006).
Providing a 10 year repayment schedule for properties being assessed could be an incentive for
properties to participate in the SID without opposition. However, in accordance with the TABOR
Amendment,a vote of district properties would be necessary to allow the City to enter into a multi-
year obligation to collect assessments over time. The alternative to a 10 year payback is an
immediate one time assessment of the full amount due. This one time assessment, without the
option to pay in installments, would likely produce a greater protest from involuntary participants.
Included in these items is a resolution setting this assessment question on the November ballot.
Resolution 2003-122 accepting the petitions and directing City staff to prepare the plans and cost
estimates was adopted by City Council on November 4, 2003.
The City has adopted Special Improvement District criteria and policies set forth in the "Special
Improvement Districts Manual, Section II,Policies", as listed below.
1. All public improvements as described in Chapter 16 of the City Code shall be eligible for
inclusion in an Improvement District ("District'). However, the City may exclude certain
improvements when it deems such improvements are not in the best interests of the City.
2. The City reserves the right to deny the creation of any District.
3. The proposed District should be consistent with the Maser Street Plan and other planning
documents of the City. The district should have an approved Master Plan. An approved
Preliminary Plan may be required if local street or utility improvements are to be included
within the District. The City may also require a Storm Drainage Plan to be submitted.
4. The total cost of the District should not exceed the appraised value of the improvements and
the land to be included in the District.
5. The amount of encumbrances on the land in the District including the assessments of the
District should not exceed 90%of the value of the land including the improvements without
being acknowledged by subordinate lien holders, or the posting of a surety from a
July 19, 2005 -6- Item No. 27 A-C
recognized company for 100% of the principal and interest of the construction cost of the
District.
6. The cost to be borne by the City in a District must be currently available or minimized
and/or deferred through credits or other mechanisms.
7. The City has the option to require property owners within the District to manage
construction of the improvements themselves or through Professional Engineers where it is
to the City's advantage to do so and the proposed managers can demonstrate experience and
competence.
8. The City has the option to require privately managed Districts to bid and award contracts for
construction of the public improvements when provided for in the District's Master
Agreement and performed in conformance with the City Charter.
9. Construction activities of District improvements should not cause extraordinary
inconvenience to properties choosing not to be a party to the District.
10. Should a default in the assessment payments of a District occur,the City shall have the right
to immediately proceed with all legal remedies including a tax deed and sale of the affected
land.
11. The City Manager may establish administrative policies and procedures for the Improvement
District process and may recommend appropriate fees to the City Council.
12. Proposed improvements should be of benefit to the City within a reasonable time frame.
ATTACHMENTS
1. Vicinity Map
2. APF Map/One Mile Radius Map
3. Resolution 2003-122
ATTACHMENT
Project Limits
PROSPECT ROAD
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ATTACHMENT
COPY
RESOLUTION 2003-122
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING A PROPERTY OWNER PETITION REGARDING THE
INITIATION OF A SPECIAL IMPROVEMENT DISTRICT,
STATING THE NEED FOR, THE NATURE OF, AND THE LOCATION
OF THE IMPROVEMENTS TO BE MADE,DESCRIBING THE AREA TO BE ASSESSED
FOR THE SAME, AND DIRECTING THE DIRECTOR OF COMMUNITY PLANNING AND
ENVIRONMENTAL SERVICES TO PREPARE AND PRESENT TO THE CITY COUNCIL
THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT
WHEREAS,the Council of the City of Fort Collins,Colorado(the"Council')has received
a Petition from an affected property owner (the "Petitioner") in the area of a proposed special
improvement district(the"District')requesting that the Council initiate proceedings for the creation
of the District; and
WHEREAS,the District would be established for the purpose of constructing certain street
improvements to Timberline Road between Drake Road and Prospect Road, including the
Timberline/Prospect intersection, and
WHEREAS, such improvements are sorely needed to relieve severe traffic congestion in
such area of the City; and
WHEREAS,the Council has received the Petition,accepts the same,and desires to proceed
with the formation of the District.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the Petition,as submitted by the Petitioner requesting the formation of
the District, is hereby received and accepted.
Section 2. That the Petitioner constitutes one percent(1%) of the owners of the area of
the property be assessed in the District.
Section 3. That the improvements to be constructed will consist generally of
improvements to Timberline Road between Drake Road and Prospect Road, including the
Timberline/Prospect intersection, and will include, but need not be limited to, right-of-way
acquisition,earthwork,curb and gutter,sidewalk,bicycle lanes,bridge expansion,railroad crossing
expansion, drainage improvements, utility relocations, paving and other improvements that are
necessary or appurtenant thereto.
Section 4. Such improvements are needed in order to provide adequate access for
vehicles and pedestrians to the properties abutting Timberline Road to be improved, in order to
relieve severe traffic congestion in the area,and to provide adequate storm drainage and landscaping
amenities.
Section 5. That it is hereby recognized that improvements to be constructed in the
District will confer special benefits on the real property in the District and general benefits to the
City at large.
Section 6. That the nature and location of the improvements to be made in the District
are as set forth on Exhibit"A"attached hereto and by this reference incorporated herein.
Section 7. That the Director of Community Planning and Environmental Services is
hereby directed to prepare and present to the Council the following:
a. Preliminary plans and specifications of the improvements described herein;
and
b. An estimate of the probable total cost of such improvements, including the
cost ofplanning,constructing,orotherwise acquiring the same;engineering,
legal and advertising costs;interest during construction and until assessments
are made by ordinance against the property benefitted, and other incidental
costs incurred in the District; and
C. A map of the District to be assessed for the cost of the improvements.
Section 8. That the area to be assessed for the District improvements described on
Exhibit"B,"attached hereto and incorporated herein by this reference,shall be approximately as set
forth in the Petition heretofore submitted by Petitioner and on file with the City Clerk.
Section 9. That the District shall be known as the Timberline/Prospect Special
Improvement District No. 93.
Passed and adopted at a regular meeting of the City Council held this 4th day of November,
A.D. 2003.
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Mayor
ATTEST:
City Clerk
2
EXHIBIT"A"
DESCRIPTION OF IMPROVEMENTS
Timberline/Prospect SM#93
The Timberline/Prospect Special Improvement will generally consist of roadway and
intersection improvements to increase capacity at the Timberline Prospect intersection:
• Construction of dedicated right turn lanes on all legs of the intersection
• Construction of double left turn lanes on NB and SB Timberline Road
• Construction of additional through lanes on NB and SB Timberline Road for a
total of four lanes
• Extension (widening)of the Timberline bridge over Spring Creek
• Extension of the RR crossing at the Great Western RR spur, including relocation
of the exisiting signal crossing arms and warning devices
• Relocation of an existing high pressure gas main
• Relocation and upgrade of the existing Timberline/Prospect traffic signal
• All incidental utility and drainage work necessary for construction of the
improvements
• Acquisition of all necessary ROW and easements
One Mile Radius EXHHIIT`S"
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RESOLUTION 2005-083
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE PRELIMINARY REPORT OF THE
DIRECTOR OF COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES
FOR TIMBERLINE AND PROSPECT SID NO. 94,THE PROPERTY
TO BE ASSESSED FOR THE IMPROVEMENTS,THE ASSESSMENT METHOD
AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING
AND CONSIDER THE ORDERING BY ORDINANCE OFTHE PROPOSED IMPROVEMENTS
WHEREAS, Chapter 22, Article III of the City Code empowers the City of Fort Collins,
Colorado (the "City") to establish special improvement districts, and sets forth procedures and
requirements for forming and organizing special improvement districts and providing for the
improvements to be constructed thereby and for the assessment of costs associated with those
improvements; and
WHEREAS, heretofore the City Council (the "Council') began proceedings to establish
Timberline and Prospect SID No. 94 (the 'District") by the acceptance of the petitions of affected
property owners in the area (the 'Petitions") through its adoption of Resolution 2003-122, on
November4,2003,which directed the Director of Community Planning and Environmental Services
to prepare and present to the Council preliminary plans and specifications for the proposed District
improvements, an estimate of the probable total cost of those improvements, and a map of the
District; and
WHEREAS,the Director of Community Planning and Environmental Services,pursuant to
Resolution 2003-122, has made his report and has presented the details and specifications for the
proposed District to the Council on the 19th day of July, 2005 (the "Report"); and
WHEREAS, the Council has examined such plans, estimate of costs, maps and other
documents, and has found the same to be sufficient; and
WHEREAS,the Council desires to proceed with the process for the formation of the District.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Report,including the plans and specifications, map and estimate of
the probable total cost as prepared by the Director of Community Planning and Environmental
Services and heretofore filed with the City Clerk and presented to the Council on this 19th day of
July, 2005, for the District, is hereby accepted, approved, and adopted.
Section 2. That the nature and location of the District improvements (the
"Improvements")to be assessed against property in the District shall be as set forth in the Petitions,
Resolution 2003-122, and the Report.
Section 3. That the estimated total cost of the Improvements in the District, including
without limitation the cost of acquiring,planning,engineering,and constructing the Improvements
(but excluding legal and advertising costs, interest during construction and until assessments are
made by ordinance against the properties benefitted, financing costs, and other incidental costs to
the District), as shown by the estimate of probable total cost, made by the Director of Community
Planning and Environmental Services,is Two Million Five Hundred ThousandDollars($2,500,000).
Section 4. That the property to be assessed in the District(the 'Property") shall consist
of tracts or lots as described more fully on Exhibit"A" attached hereto and incorporated herein by
this reference.
Section 5. That the total actual cost to the District, upon the completion of the
Improvements, shall be apportioned in an assessment roll against each lot,tract,or parcel of land to
be assessed, which assessment roll shall include the cost of the Improvements together with
additional assessments for legal and advertising costs, interest during construction and until
assessments are made by ordinance against the properties benefitted, financing costs, and other
incidental costs to the District.
Section 6. Assessments against individual parcels of property in the District shall be
levied by an assessing ordinance. Such assessments shall be a lien until paid in the several amounts
assessed against each lot, tract or parcel of land. The cost of the Improvements, together with all
costs incurred in formation and financing of the District, shall be assessed on the basis of the total
P.M. peak hour trips that each parcel of parcel of property in the District contributes to the
intersection of Timberline Road and Prospect Road, irrespective of the size of each such lot, tract
or parcel, or the amount of street footage adjacent to the same. The total of all aggregated
assessments shall be sufficient to cover the portion of the total costs of the District to be defrayed
by such special assessments.
Section 7. If any such lot,tract or parcel is divided into smaller parcels or other property
interests,the assessment against such lot,tract or parcel shall be reallocated, so that the assessment
against each such smaller parcel or other property interest shall bear the same ratio to the original
assessment against such lot,tract or parcel as the size of such smaller parcel or other property interest
bears to the original size of the lot, tract or parcel. The entire unpaid principal of such assessment
or reallocated assessment, as the case may be, together with interest accruing thereon to the next
assessment interest payment date, except to the extent that interest on the bonds to be issued by the
City for the District have been capitalized through such date, shall be immediately due and payable
by the seller or transferor thereof prior to the sale or transfer of any such lot, tract or parcel, or
portion thereof,if such lot,tract or parcel shall have been divided as aforesaid,unless the purchaser
or transferee thereof shall acknowledge, in writing, receipt of notice that the seller or transferor is
not paying such assessment or reallocated assessment in full prior to such sale or transfer and that
such assessment or reallocated assessment against such lot,tract or parcel,or portion thereof,as the
case may be, shall continue to be a lien thereon.
Section 8. Said assessments shall be payable in not more than fifteen (15)equal annual
installments with the interest on the unpaid installments not to exceed twelve percent(12%)per annum.
Section 9. That on the 16th day of August, 2005, at the hour of 6:00 p.m. or as soon
thereafter as the matter may be heard in the Council Chambers of the City Hall of the City of Fort
Collins at 300 LaPorte Avenue in Fort Collins,Colorado,the Council will consider the ordering by
ordinance of the proposed improvements and hear all complaints and objections that may be made
and filed in writing concerning the proposed Improvements by the owners of any real estate to be
assessed and any other interested persons.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
19th day of July, A.D. 2005.
Mayor
ATTEST:
City Clerk
Exhibit "A"
Resolution 2005-083
OWNER NAME & ADDRESS
PS-TIMBERLINE LAKES,LLC
103 W MOUNTAIN AVE
FORT COLLINS,CO 80524
LEGAL DESCRIPTION
TR 3,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;LESS 98051260;&POR VAC HOFFMAN MILL RD
PER 98091889
OWNER NAME & ADDRESS
PS-TIMBERLINE LAKES,LLC
103 W MOUNTAIN AVE
FORT COLLINS,CO 80524
PROPERTY ADDRESS
1100 S COUNTY RD 11
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 1,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;&POR VAC HOFFMAN MILL RD PER 98091889
OWNER NAME &ADDRESS
USTL,LLLP(1/4)/DCW TL,LLC(1/4)
MMM TL,LLC(1/6)/DPV TL,LLC(1/6)
DNT TIMBERLINE LAKES,LLC(1/6)
760 WHALERS WAY,BUILDING A-200
FORT COLLINS,CO 80525-3373
LEGAL DESCRIPTION
PART OF TR 1,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;DESC AS COM AT SE COR TR 1,CACHE
LA POUDRE INDUSTRIAL PRK PUD;TH S 89 13' 10"W 23.27 FT TPOB;TH S 89 13' 10"W 105.67 FT;S89 17'
27"W 455.27 FT;TH N 18 05' 15"W 420.88 FT;TH N 72 48' 31"E 348.27 FT;TH S 82 32' 19"E 363.15 FT TO PT
23.27 FT W OF E LN SD TR 1;TH S 00 09'21"W 448.79 FT TPOB (CONT 6.761 AC MIL)
OWNER NAME & ADDRESS
SHARP POINT PROPERTIES,LLC
4875 PEARL EAST CR 300
BOULDER,CO 80301
PROPERTY ADDRESS
2120 MIDPOINT DR
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 6,SPRING CREEK CENTER PUD,FTC(2001019523)
OWNER NAME &ADDRESS
SHARP POINT PROPERTIES,LLC
4875 PEARL EAST CR 300
BOULDER,CO 80301
PROPERTY ADDRESS
1615 SPECHT POINT RD
FORT COLLINS,CO 80525
- 1 -
LEGAL DESCRIPTION
LOT 7,SPRING CREEK CENTER PUD,FTC(2001019523)
OWNER NAME & ADDRESS
SHARP POINT PROPERTIES,LLC
4875 PEARL EAST CR 300
BOULDER,CO 80301
PROPERTY ADDRESS
1600 E PROSPECT RD
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 5,PROSPECT PARK EAST,PUD,FTC
OWNER NAME&ADDRESS
ANDERSON,TODD J
REGAN,ANTHONY P
305 W MAGNOLIA 204
FORT COLLINS,CO 80521
PROPERTY ADDRESS
2601 CANTON CT
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 11,PROSPECT INDUSTRIAL PARK,FTC
OWNER NAME &ADDRESS
POSTLE DEVELOPMENT CO
6800 79TH ST STE 201
NIWOT,CO 80503
LEGAL DESCRIPTION
OUTLOT A,SIDEHILL SUBDIVISION,FTC(20030144107)
OWNER NAME& ADDRESS
INTEGRATED EQUITIES,INC. (.25)
TEMPLE,W J(.25)
FLEMING,A W(.50)
PO BOX 272549
FORT COLLINS,CO 80525
PROPERTY ADDRESS
1945 S TIMBERLINE RD
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
TR IN NE 1/4 19-7-68,BEG AT PT ON W LN TIMBERLINE RD WH BEARS S 0 19' 30"W 1631.19 FT,S 88 38'
30"W 30 FT,S 0 19' 30"W 542.4 FT FROM NE COR,S 89 32'W 467.14 FT,S 0 37'E 100 FT,N 89 22'E 198.11
FT,S 0 39'E 258.35 FT,N 89 30' 30"E 263 FT,N 0 19' 30"E 357.69 FT TPOB CONT 2.6382 AC M/L(SPLIT
FROM 8719100 003)
-2 -
OWNER NAME & ADDRESS
FLEISCHLI ENTERPRISES
7824 SOUTH COLLEGE AVENUE
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
PAR IN E 1/2 19-7-68 BEG AT PT WH BEARS S 0 19' 30"W 1631.19 FT,S 88 38' 30"W 30 FT,S 0 19' 30"W
1088.41 FT FROM NE COR,S 89 30' 30"W 1024.06 FT TO E LN OF UPRR,S 0 24' 2W W 300 FT,N 89 30, 30"E
1024.48 FT TO PT ON W LN OF TIMBERLINE RD,N 0 19' 30"E 300 FT TOPE CONT 7.06 AC M/L(SPLIT FROM
87190 00 001),FTC
OWNER NAME &ADDRESS
SC GROUP INVESTMENTS,LLC
6300 S SYRACUSE WAY STE 293
ENGLEWOOD,CO 80111
LEGAL DESCRIPTION
E 1/2 19-7-68;LESS 35 AC MIL TO CITY OF FTC,32 AC UPRR, 10 AC C&S RR,4 AC DRY CREEK,TR IN NE
1/4 OF NE 1/4 19-7-68 LOCATED E OF C&S RR R/W&S OF SPRING CREEK DITCH,LESS 1162-257, 1401-354
&355, 1488-208, 1382-158, 1700-433, 1913-547,2050-178,88048248,FTC;LESS ROW PER 2001007023 (EX"A"
PG I OF 4);AKA TR IN SE 19-7-68,BEG S 0 29'55"W 367.93 FT FROM E 1/4 COR,S 0 29' 55"W 2284.06 FT,S
89 53' 54"W 1056.8 FT,N 0 28'22"E 2276.85 FT,N 89 30' 30"E 1057.94 FT TPOB;LESS 20040071169;LESS RD
ROW PER 20040071172
OWNER NAME & ADDRESS
CITY OF FORT COLLINS POLICE FACILITY
LEGAL DESCRIPTION
A tract of land located in the Southeast Quarter of Section 19,Township 7 North,Range 68 West of the 6'Principal
Meridian,City of Fort Collins,County of Latimer,State of Colorado and being more particularly described as follows:
Considering the east line of the Southeast Quarter of Section 19,Township 7 North,Range 68 West,as bearing North
00*01'49"West and with all bearings contained herein relative thereto.
Commencing at the Southeast corner of the aforementioned Section 19,thence along the East line of the Southeast
Quarter of said Section 19,North 00*01'49"West 1301.57 feet,thence departing said section line South 89'58'11"West
30.00 feet,to a point on the east line of a 20 foot easement as described at Reception No. 89001023,Clerk and Recorders
Office of Latimer County,Colorado,said line also being the west right of way line for Latimer County Road 11 (also
known as Timberline Road),and being the POINT OF BEGINNING,thence along said west right of way line North
00'01'49"West 724.93 feet,thence South 89`58'11"West 52.40 feet to the beginning of curve concave to the northwest,
having a radius of 15 feet,a central angle of 90°00'00"and a chord bearing South 44*58'11"West 21.21 feet,thence
along the arc of said curve 23.56 feet,thence South 89*58'11"West 594.10 feet,thence South 00'01'49"East 709.93
feet,thence North 89'58'11"East 661.50 feet to the POINT OF BEGINNING.
The above described parcel contains 10.800 acres,more or less,and is subject to all easements and rights of way now on
record or existing.
OWNER NAME & ADDRESS
BUILDING A,LLC
141 S COLLEGE AVE SUITE 103
FORT COLLINS,CO 80524
LEGAL DESCRIPTION
LOT 1,CENTERPOINT PLAZA,FTC(20030128022)
3 -
OWNER NAME & ADDRESS
GYPRO PROPERTIES,LLC
1400 E 615T ST
DENVER,CO 80216
LEGAL DESCRIPTION
LOT 2,CENTERPOINT PLAZA,FTC(20030128022)
OWNER NAME & ADDRESS
KERNAGHAN,JIM
6118 NORMANDY CT
FORT COLLINS,CO 80525
PROPERTY ADDRESS
2025 SHARP POINT DR
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 16,PROSPECT INDUSTRIAL PARK,FTC
OWNER NAME &ADDRESS
COWEN TRANSFER AND STORAGE CO
PO BOX 7265
COLORADO SPRINGS,CO 80933-7265
LEGAL DESCRIPTION
LOT 17,PROSPECT INDUSTRIAL PARK,FTC
OWNER NAME & ADDRESS
LYNCH,MARJORIE C,MARITAL TRUST
3705 CUMULUS VIEW
COLORADO SPRINGS,CO 80904
LEGAL DESCRIPTION
LOT 18,PROSPECT INDUSTRIAL PARK,FTC
OWNER NAME&ADDRESS
BGJR LARIMER,LLC(66)
G B VENTURES LLP(34)
4875 PEARL EAST CIR
BOULDER,CO 80301
LEGAL DESCRIPTION
LOT 19,PROSPECT INDUSTRIAL PARK,FTC
-4 -
ORDINANCE NO. 084, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND -
TIMBERLINE ROAD IMPROVEMENTS PROJECT AND APPROPRIATING PRIOR YEAR
RESERVES IN THE STREET OVERSIZING FUND FOR TRANSFER TO THE CAPITAL
PROJECTS FUND -TIMBERLINE ROAD IMPROVEMENTS PROJECT TO BE USED TO
CONSTRUCT IMPROVEMENTS ON TIMBERLINE ROAD BETWEEN DRAKE AND
PROSPECT ROADS
WHEREAS,Timberline Road,from Drake Road to Prospect Road,is currently the highest
deficiency segment in the City's street network, with the Timberline/Prospect intersection
experiencing failing levels of service during both the morning and afternoon peak hours; and
WHEREAS,the developers (the James Company and the St. Charles Investment Group)of
two parcels,east and west of Timberline Road and north of Drake Road are not able to proceed with
development of their respective parcels until improvements have been made at the
Timberline/Prospect intersection,in accordance with Section 3.7.3(D)(1)(b)of the City's Land Use
Code - Adequate Public Facilities ("APF"); and
WHEREAS, the James Company and the St. Charles Investment Group have proposed the
formation of an involuntary Special Improvement District("SEX)as a financing mechanism to fund
improvements along Timberline Road from Drake Road to Prospect Road; and
WHEREAS, on November 4,2003,City Council adopted Resolution 2003-122,Accepting
a Property Owner Petition Regarding the Initiation of a Special Improvement District, Stating the
Need For, the Nature Of, and the Location of the Improvements to Be Made,Describing the Areas
to Be Assessed for the Same,and Directing the Director for Community Planning and Environmental
Services to Prepare and Present to the City Council the Necessary Information for the Formation of
Said District; and
WHEREAS, accordingly, the process for the establishment of the Timberline and Prospect
Special Improvement District No. 94 commenced for the purpose of constructing improvements at
the intersection of Timberline Road and Prospect Road aimed towards increasing capacity and
improve service levels at the intersection; and
WHEREAS,the amount financed and needed to make the necessary APF improvements to
the Timberline/Prospect intersection is estimated to cost $2.5 million dollars; and
WHEREAS, no municipal or City-backed bonds will be issued as financing for the
Timberline/Prospect intersection improvements but the improvements will instead by financed by
the James Company and the St. Charles Investment Group using private placement bonds; and
WHEREAS,the City will act as the collection agency for the SID assessments,and properties
included within the SID will begin repayment of the proportionate share upon completion of
construction of the improvements and the final account of the costs; and
WHEREAS, in addition to the intersection improvements totaling $2.5 million associated
with the aforementioned SID,staff proposes constructing other improvements on Timberline Road,
from Drake Road to Prospect Road, which include widening the Spring Creek bridge; installing
sewer and water infrastructure, new railroad crossing materials and signals, curbs and gutters,
sidewalks, bike lanes, asphalt paving, landscaped and hardscaped medians, traffic signals at the
Nancy Grey/Timberline and Prospect/Timberline intersections; widening Timberline to a major
arterial standard; and the construction of the connector streets adjacent to the City's Police Services
facility site; and
WHEREAS,the estimated cost to construct the aforementioned improvements is$6,180,455,
and funding sources have been identified as follows:
City of Fort Collins Police Facility Capital Project
Existing Appropriations $ 1,272,291
Sidehill Development Contribution 829,512
St. Charles Investment Group Contribution 354,014
Fleischli Enterprises Contribution 115,447
Integrated Equities Contribution 119,830
Street Oversizing Fund Prior Year Reserves
(Including a$215,936 contribution from
Prospect Industrial Park) 3,489,361
Total $ 6,180,455
WHEREAS, upon completion of the bid process, the improvements to the intersection of
Timberline Road and Prospect Road are scheduled to begin in the Winter of 2005, with final
completion scheduled for the Spring of 2006; and
WHEREAS,the improvements to Timberline Road from Drake Road to Prospect Road are
scheduled to begin in the Spring of 2006, with final completion scheduled for the end of the year;
and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins (the "Charter")
permits the City Council to make supplemental appropriations by ordinance at any time during the
fiscal year,provided that the total amount of such supplemental appropriations,in combination with
all previous appropriations for that fiscal year does not exceed the current estimate of actual and
anticipated revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of funds from unanticipated
revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund
- Timberline Road Improvements project to exceed the current estimate of actual and anticipated
revenues to be received during any fiscal year; and
WHEREAS,Article X,Section 9,of the Charter also permits the City Council to appropriate
by ordinance at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not previously
appropriated; and
WHEREAS,Article X,Section 10,of the Charter authorizes the City Council to transfer by
ordinance any unexpended and unencumbered amount or portion thereof from one fund or capital
project to another fund or capital project,provided that the purpose for which the funds were initially
appropriated no longer exists; and
WHEREAS,it is the desire of the Council to appropriate the sum of$2,500,000,in the form
of private placement bonds associated with Special Improvement District No. 94; and$1,418,803,
representing contributions from developers adjacent to SID No. 94; and to appropriate$3,489,361
from prior year reserves in the City's Street Oversizing Fund for transfer to the Capital Projects Fund
- Timberline Road Improvements capital project; and to authorize the transfer of existing
appropriations, totaling $1,272,291, from the Capital Projects Fund - COPs Police Facility to the
Capital Projects Fund - Timberline Road Improvements capital project to be used to construct
improvements to Timberline Road, between Drake and Prospect Roads.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from unanticipated revenue
in the form of private placement bonds associated with Special Improvement District No. 94,in the
Capital Projects Fund-Timberline Road Improvements capital project,the sum of TWO MILLION
FIVE HUNDRED THOUSAND DOLLARS ($2,500,000),to be used to construct improvements to
the intersection of Timberline Road and Prospect Road.
Section 2. That there is hereby appropriated for expenditure from unanticipated revenue
in the form of developer contributions,in the Capital Projects Fund-Timberline Road Improvements
capital project,the sum of ONE MILLION FOUR HUNDRED EIGHTEEN THOUSAND EIGHT
HUNDRED THREE DOLLARS ($1,418,803),to be used to construct improvements to Timberline
Road, between Drake and Prospect Roads.
Section 3. That there is hereby appropriated from prior year reserves in the Street
Oversizing Fund the sum of THREE MILLION FOUR HUNDRED EIGHTY-NINE THOUSAND
THREE HUNDRED SIXTY ONE DOLLARS($3,489,361)for transfer to the Capital Projects Fund
- Timberline Road Improvements capital project, and appropriated therein, to be used to construct
improvements to Timberline Road, between Drake and Prospect Roads.
Section 4. That the unexpended appropriated amount of ONE MILLION TWO
SEVENTY-TWO THOUSAND TWO HUNDRED NINETY-ONE DOLLARS ($1,272,291) is
hereby authorized for transfer from the Capital Projects Fund-COP's Police Facility capital project
to the Capital Projects Fund-Timberline Road Improvements capital project to be used to construct
improvements to Timberline Road, between Drake and Prospect Roads.
Introduced and considered favorably on first reading and ordered published this 19th day of
July, A.D. 2005, and to be presented for final passage on the 16th day of August, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of August, A.D. 2005
Mayor
ATTEST:
City Clerk
RESOLUTION 2005-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN EXEMPTION TO THE USE OF A COMPETITIVE
PROCESS FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION
WITH THE TIMBERLINE, DRAKE TO PROSPECT PROJECT
WHEREAS, the City previously conducted a competitive request-for-proposals process
through which Interwest Consulting Group(Interwest)was selected to complete various professional
services related to the engineering design of the Timberline Road, Drake to Prospect Project (the
"Project"); and
WHEREAS, the City entered into a professional services agreement with Interwest for the
completion of the engineering/design for the interim improvements of the Project on July 7, 2004,
and work is proceeding satisfactorily pursuant to the agreement; and
WHEREAS, the original scope of work to be completed by Interwest did not include the
completion of the full and complete engineering design(the "Additional Work"); and
WHEREAS, the City has determined since contracting with Interwest that engineering
design of the interim project is the preferred alternative in advance of the Building on Basics
proposed sales tax renewal; and
WHEREAS,the Purchasing Agent has determined that the use of Interwest to complete the
Additional Work through a change order to the existing contract for services would be an efficient
and cost-effective means of accomplishing the same and has submitted the requisite justification to
the City Manager for approval; and
WHEREAS, the City Manager has reviewed and approved the determination of the
Purchasing Agent; and
WHEREAS,the cost associated with the Additional Work totals $210,910,which has been
appropriated in Ordinance No. 054, 2005; and
WHEREAS, Article IV, Section 8-161(d)(1)j of the Code of the City of Fort Collins
authorizes the Purchasing Agent to contract for services without competition if the services are to
be provided through a change order to an existing professional services contract; and
WHEREAS, Section 8-161(d)(3) requires approval by City Council of exceptions to the
competitive purchasing process for items costing more than One Hundred Thousand Dollars
($100,0000) prior to acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Purchasing Agent is hereby authorized to execute an addendum to the City's
existing contract with Interwest to add the Additional Work to the scope of services to be completed
thereunder, at an additional contract price of $210,910, in accordance with the adoption of
Ordinance No. 054, 2005, appropriating the necessary funds therefor.
Passed and adopted at a regular meeting of the City Council held this 19th day of July,A.D.
2005.
Mayor
ATTEST:
City Clerk