HomeMy WebLinkAboutMINUTES-05/02/2006-RegularMay 2, 2006
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 2, 2006, 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
Mayor Hutchinson stated each participant would have three minutes to speak.
Ardith Nieman, 1136 Wabash Street, expressed concerns regarding library budget cuts and stated,
according to national standards, the City's library was adequate for the City's population in 1976.
She asked that Council ask the voters to decide in November whether there should be a library
district.
David May, President of the Fort Collins Area Chamber of Commerce, expressed concerns about
the City budget shortfalls. He stated many preliminary revenue proposals presented to the Council
at the February 14 work session would increase the price of government and make Fort Collins less
competitive in the creation of jobs. He asked if Council's commitments to the economy and the
creation of jobs would still hold during the upcoming budget discussions. The Chamber of
Commerce had raised a number of questions about City finances and looked forward to hearing
responses in the budget discussions. In the past the Chamber had supported the retention and
renewal of existing taxes and now had concerns about proposals to raise taxes or impose new ones
that would impose a heavy burden on business. The Chamber would like to hear clear and
compelling reasons for any new revenue sources.
Michelle Barry, 2943 Redburn Drive, high school junior, spoke in favor of a library district and
expressed concerns about library budget cuts.
Manuel Martinez, 310 Cherry Street, Transfort bus operator, read a letter signed by 22 individuals
regarding inequities in salaries for hourly bus drivers.
Anna Ilic, 3239 Sagewater Court, supported creation of a library district.
Cinda Blessing, 713 Parliament Court, Transfort bus driver, spoke regarding inequitable salaries and
benefits for City bus drivers.
May 2, 2006
Courtney Przybylski, outgoing Director of Community Affairs for ASCSU, introduced the newly
elected officers of ASCSU.
Ron Thurston, 320 Jackson Avenue, Transfort bus driver, stated the bus drivers had issues with the
skill ladder pay and classified positions. The City's budget was "balanced on the shoulders of the
lowest paid hourly skill leveled employees" and new hires were being paid equal to or more than
people who had been "working their way up the ladder" for up to three years. The bus drivers felt
there should be some kind of"grandfather clause" for people who were hired before the decision was
made to withdraw the possibility of jobs with benefits that had been "promised" to bus drivers. He
asked that the Council direct the City Manager to look at the "human side" of this issue and remedy
the situation.
George Hoffman, 1101 Valley Oak Court, stated the "money" was now in Loveland. He stated he
would not vote for "any tax" and stated the City had been "using a paring knife instead of a meat
axe" in making budget cuts.
Phil Freidman, 201 South Grant Avenue, supported creation of a library district and adequate library
funding. He expressed concerns about taking funding from other amenities to fund the library and
stated ways should be found to fund all of such programs.
Alexis Maxwell,1216 South Bryan Avenue, opposed the current noise ordinance and supported the
clarification of guidelines for determining unreasonable noise.
Mayor Hutchinson asked if the Council wanted to continue to hear Citizen Participation beyond the
30 minute time limit. The consensus was to allow Citizen Participation to continue.
Andrew Vaughan, 411 West Myrtle Street, spoke in opposition to the current noise ordinance and
described his experience and the impact of a misdemeanor conviction on his employment and
admission to law school.
Heather Rice, 226B West Laurel Street, opposed the existing noise ordinance and supported a
community service option for sentences for noise violators. She opposed an option for a partial fine
and community service combination because this might not be affordable to students.
Mike Floren,1512 Emigh Street, spoke against the current noise ordinance and asked that it be made
fair for everyone. He asked that Council act on decriminalization, increased warnings, a community
service option, and further clarity.
Jim Bergonier, 1913 Seminole Drive, spoke in support of a library district and a strong library
program.
Citizen Participation Follow-up
Mayor Hutchinson thanked those who spoke during Citizen Participation.
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May 2, 2006
Councilmember Ohlson stated salaries for employees needed to be fair to the employees and the
taxpayers. He would favor giving direction to the City Manager to look at the bus driver salary issue
because it did not pass the "fairness/justice test." He asked for a detailed management report on the
issue.
Councilmember Roy stated he had not seen the letter submitted by the bus driver group. He
expressed concern regarding the two -tiered salary system for bus drivers. He requested that the letter
and other documentation regarding this issue be given to the Council. City Manager Atteberry stated
he had not seen the letter and that he would request it be sent to the Council. He believed that
"fairness and justice" had been served in this issue.
Councilmember Roy asked for information on statements made by the City, whether direct or
implied, regarding promises of the rate of pay and the future ability to receive benefits. City
Manager Atteberry stated he had heard employees were assured that `classified benefits were
forthcoming" and he would follow-up on this issue.
Councilmember Brown congratulated the newly elected ASCSU representatives.
Councilmember Kastein requested a one -page memo summarizing the administration's position on
bus driver compensation. He also noted the noise ordinance would be discussed by Council and
asked for a staff analysis of each of the issues referenced by the advocates for noise ordinance reform
prior to the Council discussion. City Manager Atteberry stated staff planned to bring the noise
ordinance back to Council on August 22 to consider the issues brought up by the speakers. Detailed
information would be presented to the Council prior to the August discussion. The discussion was
scheduled at the end of August to afford students an opportunity to participate in the discussion.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the March 21, 2006 Regular Meeting,
7. Second Reading of Ordinance No. 065, 2006, Amending the City of Fort Collins District -
Precinct May.
This Ordinance, which was unanimously adopted on First Reading on April 18, 2006,
amends the City of Fort Collins District -Precinct Map, which was adopted by Council on
November 16, 2004, by adjusting precinct boundaries to correspond with election precincts
established by Larimer County. These changes do not affect Council District boundaries.
May 2, 2006
8. Second Reading of Ordinance No. 066, 2006, Amending Section 2-166 of the Code of the
Ctv of Fort Collins to Change the Name of the Commission on the Status of Women to the
Women's Commission.
Ordinance No. 066, 2006, unanimously adopted on First Reading on April 18, 2006, changes
the name of the group which advises City Council on issues pertaining to women from the
"Commission on the Status of Women" to the "Women's Commission". The new name
reflects the focus of the Commission which is on issues of importance to women in Fort
Collins, not just on the conditions or status of women in the community.
9. Second Reading of Ordinance No. 067, 2006, Amending the Legal Descriptions for Certain
Conveyances to the Colorado Department of Transportation Approved in Ordinance No. 007,
2005.
Ordinance No. 007, 2005, approved real estate legal descriptions to convey a non-exclusive
permanent sewer easement, domestic water and gas easement and a road right-of-way to
accommodate the installation of a turn lane from East Prospect Road onto the access road
in connection with the Colorado Department of Transportation's development of a new rest
area on East Prospect Road near the Welcome and Visitor's Center. These legal descriptions
contained typographical errors which rendered the descriptions unclear. This Ordinance,
which was unanimously adopted on First Reading on April 18, 2006, amends the legal
descriptions to be used in the documents of conveyance by correcting the errors.
10. Items Relating to the Sanctuary Annexation and Zoning.
A. Second Reading of Ordinance No. 068, 2006, Annexing Property Known as the
Sanctuary Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 069, 2006, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Sanctuary Annexation to the City of Fort Collins, Colorado.
These Ordinances, unanimously adopted on First Reading on April 18, 2006, annex and
zone 15.65 acres located approximately one-half mile south of Kechter Road and
approximately one -quarter to one-half mile east of Ziegler Road. The property is
undeveloped and is in the FA-1 Farming District in Larimer County. The requested zoning
in the City of Fort Collins is UE — Urban Estate District.
Staff recommends this property be included in the Residential Neighborhood Sign District.
A map amendment is necessary to place this property on the Residential Neighborhood Sign
District Map.
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May 2, 2006
11. First Reading of Ordinance No. 071, 2006, Vacating Portions of the Rights -of -Way as
Dedicated on the Plat of Cameron Park First Filing.
This site is located west of College Avenue, north of Cameron Drive. The streets were
dedicated as a county development proposal as shown and laid out on the Cameron Park First
Filing. The dedicated right-of-way was annexed into the City when the parcel was annexed
in 1992. On November 20, 2003, the Redtail development proposal was submitted and
shows a different street layout than was originally platted. The frontage road will not be
continued and the improvements in this area will be removed with the Redtail project.
Therefore, the right-of-way for the frontage road is no longer necessary and is proposed for
vacation. The area will be retained as a utility, drainage and public access easement.
All public and private utilities have been notified of the proposed vacation and no objections
were reported.
12. First Reading of Ordinance No. 072, 2006, Vacating. Portions of the Ri is -of -Way as
Dedicated on the Plat of Cameron Park Second Filing.
This site is located west of College Avenue on the west end of Cameron Drive. The streets
were dedicated as a county development proposal as shown and laid out on the Cameron
Park Second Filing. Neither the streets nor the development were built. The dedicated right-
of-way was annexed into the City when the parcel was annexed in 1988. On November 20,
2003, the Redtail development proposal was submitted and shows a different street layout
than was originally platted. Therefore, the rights -of -way for the streets are no longer
necessary and are proposed for vacation at this time.
All public and private utilities have been notified of the proposed vacation and no objections
were reported.
13. Resolution 2006-045 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Peterson Annexation.
Cedar Pointe Land & Livestock, L.L.C., c.o. Duane Lebsack, has submitted a written petition
requesting annexation of 27.89 acres located on the south side of East Vine Drive between
Interstate 25 and County Road 5. The property currently is undeveloped. It is in the FA -
Farming District in Latimer County. The requested zoning for this annexation is UE - Urban
Estate. The surrounding properties are currently zoned: I - Industrial in the City to the west,
FA-1 Farming in Larimer County to the north, M - Multi -Family and Ml - Multi -Family in
Larimer County to the south, and FA-1 Farming in Larimer County to the east.
May 2, 2006
The property is located within the Fort Collins Urban Growth Area. According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree
to consider annexation of property in the UGA when the property is eligible for annexation
according to State law. This property gains the required 1 /6 contiguity to existing City limits
from a common boundary with the Kirschner Annexation (December, 1993) to the west.
14. Resolution 2006-046 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Streamside Annexation.
Cedar Pointe Land & Livestock, L.L.C., c.o. Duane Lebsack, has submitted a written petition
requesting annexation of 73.67 acres located on the south side of East Vine Drive between
Interstate 25 and County Road 5. The property currently is undeveloped. It is in the FAl -
Farming District in Larimer County. The requested zoning for this annexation is UE - Urban
Estate. The surrounding properties are currently zoned: FAl - Farming in Larimer County
to the west, FA-1 Farming in Larimer County to the north, R1 - Residential and M - Multi -
Family in Larimer County to the south, and FA-1 Farming in Larimer County to the east.
The property is located within the Fort Collins Urban Growth Area. According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree
to consider annexation of property in the UGA when the property is eligible for annexation
according to State law. This property gains the required 1/6 contiguity to existing City limits
from a common boundary with the Peterson Annexation (July, 2006) to the west.
15. Resolution 2006-047 Approving Expenditures From the Art in Public Places Reserve
Account in the Cultural Services and Facilities Fund to Commission an Artist to Create Art
Elements for the Police Facility Project.
This Resolution approves expenditures of $249,037 for design, materials, installation and
contingency for a project with artist Andrew Dufford of Chevo Studios to create multiple art
elements for the Police Facility Project.
16. Resolution 2006-048 Authorizing the Lease of a Portion of Running Deer Natural Area to
Hageman Earth Cycle. Inc.. for Two Additional Years.
Hageman Earth Cycle, Inc. is requesting a continuation of a lease of approximately 15 acres
of Running Deer Natural Area for a period of time starting July 1, 2006 and ending June 30,
2008. This lease will allow that business to continue using the site for the purposes of a
public organic waste material "fee" drop off site, the temporary stock piling of these
materials until they are transported off site to the lessee's composting site, and the sale of
landscaping products. This lease does not allow the composting of materials on site.
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May 2, 2006
17. Resolution 2006-049 Authorizing the Mavor to Execute an Intergovernmental Agreement
Between the City and Colorado State University to Convey Ri t-of-Way to the City as Part
of the East Prospect Road Improvement Project.
In April, the City began work on the East Prospect Road Improvement Project, which
involves widening a portion of Prospect Road adjacent to the Colorado State University
(CSU) property at the Environmental Learning Center (ELC). CSU has agreed to convey to
the City a strip of property adjacent to Prospect Road approximately 64 feet wide and 726
feet long to be used as right-of-way for Prospect Road.
18. Resolution 2006-050 Authorizingthe Mayor to Enter into a Contract with the Colorado
Department of Transportation for the Design and Construction of the Hannon Road and
Shields Street Intersection improvements.
This funding contract between the City and the Colorado Department of Transportation
(CDOT) will secure funding for a portion of the construction of the Shields Street and
Harmony Road Intersection Improvements. The design of this project is currently underway
and is apart of the Harmony Road Improvements (College to Seneca) funded by the Building
on Basics sales tax.
19. Resolution 2006-051 Making an Appointment to the Transportation Board.
A vacancy currently exists on the Transportation Board due to the resignation of Lee
Watkins. Councilmembers Kastein and Ohlson reviewed the applications on file and are
recommending Jim Clausen to fill the vacancy with a term to begin immediately and set to
expire on December 31, 2008.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 065, 2006, Amending the City of Fort Collins District -
Precinct Map.
8. Second Reading of Ordinance No. 066, 2006, Amending Section 2-166 of the Code of the
City of Fort Collins to Change the Name of the Commission on the Status of Women to the
Women's Commission.
9. Second Reading of Ordinance No. 067, 2006, Amending the Legal Descriptions for Certain
Conveyances to the Colorado Department ofTransportation Approved in Ordinance No. 007,
2005.
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May 2, 2006
10. Items Relating to the Sanctuary Annexation and Zoning.
A. Second Reading of Ordinance No. 068, 2006, Annexing Property Known as the
Sanctuary Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 069, 2006, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Sanctuary Annexation to the City of Fort Collins, Colorado.
Ordinances on First Reading were read by title by City Clerk Krajicek.
11. First Reading of Ordinance No. 071, 2006, Vacating Portions of the Rights -of -Way as
Dedicated on the Plat of Cameron Park First Filing.
12. First Reading of Ordinance No. 072, 2006, Vacating Portions of the Rights -of -Way as
Dedicated on the Plat of Cameron Park Second Filing.
23. Items Relating to Land Conservation at Soapstone Prairie Natural Area.
A. First Reading of Ordinance No. 073, 2006, Authorizing the Conveyance of441 Acres
of Land to the State Land Board Subject to a Conservation Easement in Exchange for
3,873 Acres of Land Located Within Soapstone Prairie Natural Area.
B. First Reading of Ordinance No. 074, 2006, Authorizing the Lease of Portions of the
Bernard Ranch Property to be Acquired by the City to the Bernards Through 2012.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve
all items on the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Kastein spoke regarding item #18 Resolution 2006-050Authorizing the Mayor to
Enter into a Contract with the Colorado Department of Transportation for the Design and
Construction of the Harmony Road and Shields Street Intersection Improvements and requested a
staff memo regarding the design and construction phases and time line.
Staff Reports
City Manager Atteberry introduced Mike Freeman, the City's Economic Advisor, and stated a full
Council briefing on economic health activities was planned.
May 2, 2006
Mike Freeman, Economic Advisor, reported on the drafting of an economic action plan. Work was
starting on a "target industry study" and a collaborative effort for "community branding." Efforts
were also underway for a business outreach initiative and "economic gardening." A collaborative
project was underway between the City Manager's Office, Advance Planning and IT to implement
data collection tools. A number of businesses in Fort Collins were talking about expanding and
adding employees.
City Manager Atteberry reported the Fort Collins -Loveland area was recently ranked by the Milliken
Institute Best -Performing Cities Index as #46, which was a higher ranking than 2004. He also
reported that the Neighborhood Services Group party pack was being modeled by UC-Davis. He
spoke regarding the successful CSU Unity Event and the CSU-City Housing Fair. He announced
that the Jim Colburn, Code Compliance Officer, was certified under the International Property
Maintenance Code. He reported that the Youth Activity Center would close in mid-2007.
Councilmember Reports
Councilmember Roy reported that the Human Relations Commission had presented a Lifetime
Service Award to Parker and Mabel Preble.
Councilmember Weitkunat reported on discussions of the Poudre Fire Authority Board relating to
a customer satisfaction survey and fire station renovation.
Items Relating to Land Conservation at
Soapstone Prairie Natural Area, Adopted on First Reading
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The City's total investment in the exchange project will amount to $4,589,000. Of that amount
$2, 323, 656 is the value of the 3,873 acres (or $600 per acre) and the remainder, $2,265,344, is the
value ofthe conservation easement on the 441-acre community separatorparcel (or $5,137 an acre).
The per acre cost for all 4,314 acres is $1, 064. All funds for the project are derived from sales tax
revenues dedicated for natural area purposes.
The purchase price for the Bernard Ranch is $2, 000, 000, or $1,136 per acre. The City's Natural
Areas program plans to apply for Great Outdoors Colorado funds to "buy down " the conservation
values in the property. If those grants are successful, and if the City is able to resell to a
conservation buyer, or buyers, the City's net costs could be lowered by as much as one-half the
purchase price. Ongoing costs after a sale would be limited to periodic conservation easement
monitoring inspections, or approximately $500-1,000peryear. All funds for the project are derived
from sales tax revenues dedicated for natural area purposes and by any outside grant funding the
City is able to garner (in particular from Great Outdoors Colorado).
May 2, 2006
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 073, 2006, Authorizing the Conveyance of 441 Acres of
Land to the State Land Board Subject to a Conservation Easement in Exchange for 3,873
Acres of Land Located Within Soapstone Prairie Natural Area.
B. First Reading of OrdinanceNo.074,2006,AuthorizingtheLeaseofPortionsoftheBernard
Ranch Property to be Acquired by the City to the Bernards Through 2012.
This item includes two ordinances, each of which would authorize a real property transaction
related to the conservation and use of Soapstone Prairie Natural Area.
The first proposed transaction entails a trade of 441 acres within the Wellington community
separator for 3,873 acres of State Land Board property that lies within the boundary of Soapstone
Prairie Natural Area. The City will retain a conservation easement on the 441-acre parcel,
enforceable by the City, that restricts development to a total of twenty-three home sites. Three of
the home sites are already built out and the additional twenty home sites will be clustered on the
northwest corner of the property. The State Land Board will obtain various water rights associated
with the property. In addition to the 3,873 acres of land, the City will receive $811, 000 in cash to
equalize the exchange values.
The second transaction entails a purchase of 1,760 acres over a seven-year period for total
consideration of$2, 000, 000. Asportions of the "Bernard Ranch "are acquired, they will be leased
back to the seller for continued ranching activities. This lease requires City Council approval.
Ultimately, the property will be resold to conservation -minded buyers subject to a conservation
easement by which the City would limit development on the property.
BACKGROUND
The purpose of this background statement is two -fold: (1) to inform Council and the public about
the specific transactions before the Council for consideration, and (2) to inform Council and the
public of the overall land conservation strategy at Soapstone Prairie Natural Area.
It is important to note these transactions are part of a finite action plan for conserving important
properties that protect the City's initial Soapstone investment. Several key transactions have
already taken place, and several more are contemplated. These transactions will ensure the best
possiblepublic access into Soapstone, and they will ensure there are no inholdings within Soapstone
that could cause fdure difficulties. They also ensure that the spectacular viewshed, recreation
opportunities, and wildlife qualities of Soapstone will be protected for the future.
The City acquired the 12,500-acre Soapstone Prairie Natural Area in 2004. At that time, there were
several landowners within the Soapstone boundary, including a 2,100-acre ranch owned by the
Roman family and the State Land Board's 3,873 acres. After the Soapstone purchase, the Roman
family approached the City's Natural Areas program and asked if the City would be willing to buy
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May 2, 2006
its property — a portion of which is immediately adjacent to the Lindenmieir archaeological site.
In 2005, the City acquired the Roman propertyfor $1,260, 000, or $600 per acre.
In addition to the internal ownerships, there were/are several major land holdings at the northern
terminus of County Road 15. These "donut hole" properties are surrounded on three sides
respectively by Soapstone, Meadow Springs Ranch to the east, and the County -owned RedMountain
Ranch to the west. County Road 15 represents the most direct access into Soapstone from the city
of Fort Collins. Because the status of the road at its terminus has been disputed by some adjacent
property owners, staff believes that it is critical to eliminate access issues as much as possible by
acquiring rights -of -way as needed. The purchase and resale (with conservation easements) of
"donut hole" lands adjacent to County Road 15 will be extremely helpful in resolving these access
issues.
To date, staff has been successful in acquiring the Round Butte Ranch within the donut hole. Staff
applied for and received a Great Outdoors Colorado grant for the first half of the Round Butte
project and has another grant application pending. On thisparticularproperty, staffis hopeful that
the ultimate net cost ofacquiring the property and then reselling it with conservation easements will
be close to zero.
State Land Board Exchange
When the City acquired the Soapstone Prairie Natural Area, it negotiated a short-term agricultural
lease of 3, 873 acres of State Land Board (SLB) property that lies within the City's deeded acreage.
The SLB and Natural Areas Program immediately began to discuss options for conveyance of the
SLB land to the City. An exchange of land, rather than a purchase arrangement, is strongly
preferred by both parties because it avoids the SLB's uncertain and difficult biddingprocessfor the
purchase of SLB lands.
There are several motivations for the City and the SLB to exchange parcels:
There have been conflicts between other Colorado municipal open space
programs and the SLB over the use and disposition of SLB lands that are
being leased by the municipal open space programs. The City's Natural
Areas staffwanted to preclude the possibility ofany potential future conflict.
2. Acquisition of the SLB lands within Soapstone Prairie Natural Area
eliminates all inholdings from within the City's original purchase. This
provides strong protection for the City's substantial investments at
Soapstone.
3. The SLB was interested in acquiring an income producing property that
generated revenues in excess ofthe $9, 409 per year it currently receives from
the City. The 441-acre property currently produces $85, 000 annually from
the sod farm lessee.
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May 2, 2006
In Spring 2005, the City's Natural Areas Program purchased a 441-acre parcel located in the
southwestern corner of the Wellington community separator. The total purchase price, including
land and water rights, was $5.4 million. The property was leased back to a sod farm operator and
the City receives $85, 000 annually in lease revenues. The lease is renewable for up to 12 years.
After negotiating for over a year with the SLB, Natural Areas staff and the SLB have arranged an
exchange transaction that includes the trade of the 441-acre community separator parcel for the
3,873 acres of SLB inholdings. The City will retain a conservation easement on the 441-acre parcel
that restricts development to a total oftwenty-three home sites. Three of the home sites are already
built out, the additional twenty home sites will be clustered on the northwest corner ofthe property.
The SLB will obtain various water rights associated with the property. In addition to the 3,873
acres of land, the City will receive $811,000 in cash to equalize the exchange values.
Importantly, the conservation easement on the 441-acreparcel will notpreclude the City's Utilities
Department from rehabilitating an existing ditch on the western side of the property, or from
detaining historic, and possibly additional, flood f ows from the Upper Cooper Slough Basin on the
southwestern corner of the property.
Acquisition of Bernard Ranch
Staff has now been successful in placing another "donut hole "property under contract. The 1, 760-
acre Bernard Ranch comprises a major portion of the County Road 15 terminus, as well as a very
important part of the spectacular viewshed from Soapstone. The City would acquire], 760 acres in
seven specific parcels over a seven-year period for total consideration of $2,000,000. As each
parcel of the Bernard property is acquired, it will be leased back to the seller for continued ranching
activities until all parcels are acquired. This lease requires City Council approval. Ultimately, the
property would be resold to conservation -minded buyers who would agree to limit development,
precluding the possibility that the property would ultimately be sold in 40-80 acre parcels.
Moreover, the acquisition and resale of the Bernard property would resolve access issues that have
been raised regarding the use of the terminus of County Road 15 for public access into Soapstone.
Conclusion
Staff strongly recommends the SLB exchange transaction and the proposed Bernard lease -back.
Because the outright purchase of SLB lands is quite difficult, this exchange represents an unusual
and highly leveraged opportunity to protect the City's investment at Soapstone, while also
conserving an important parcel in the Wellington community separator. The acquisition (and
ultimate resale) of the Bernard Ranch enables the City to utilize the best public access into
Soapstone, while also conserving a wonderful viewscape and wildlife habitat. "
City Manager Atteberry stated there would be a brief staff presentation.
John Stokes, Natural Resources Director, presented background information on the agenda item and
spoke regarding the activities of the natural areas program. He stated the Land Conservation and
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May 2, 2006
Stewardship Plan allocated resources in the natural areas program to local areas, regional projects,
and community separators. The Soapstone Ranch was in the middle of the an ambitious land
conservation project in the northern part of the County. The idea was to try to "stitch together" a
relatively undeveloped connection between the mountains and the plains. The City partnered with
Larimer County, the Nature Conservancy, and a local land trust to put together the project with
publically held and privately conserved land. The City acquired the 12,500 acre Soapstone Prairie
Natural Area in 2004 and the City was now doing a cultural and biological inventory. Almost
$250,000 had been raised to do those inventories and the management plan would be developed
based on the inventory data in 2006. There would again be free tours of Soapstone in 2006. The
City was also working on road improvements in the area. He presented visual information showing
the natural area, the Lindenmeier archaelogical site, and the adjacent County natural area. He
reviewed the City and County land conservation efforts to date and stated the City was working to
eliminate the remaining inholdings within the Soapstone natural area and to secure the best access
into Soapstone from County Road 15. He presented visual information showing the current land
ownership patterns in the Soapstone area. The State Land Board exchange would involve the trade
of 441 acres of property for 3,873 acres of the Soapstone inholding. The City would receive a
conservation easement on the sod farm that would restrict developments to 23 home sites. He noted
20 of the home sites were clustered in the northwestern corner. The City would also receive
$811,000 to equalize the values of the exchanged lands. He presented visual information showing
the location of the sod farm in the southwestern corner of the Wellington Community Separator. He
presented visual information showing a map of the State Land Board land in the eastern portion of
the Soapstone Natural Area. This transaction would enable the conservation of two properties and
would eliminate potential future conflicts within Soapstone. The State Land Board would have a
higher lease payment on the sod farm and would bank the future value of development rights on the
property. The total cost would be about $4.5 million (about $1,000 per acre) and all funds would
be generated by Building Community Choices and the County's "Help Preserve Open Space"
program. The transaction would require adoption of an ordinance authorizing the transfer of the sod
farm to the State Land Board. The State Land Board had unanimously authorized the exchange and
the City's Land Conservation and Stewardship Board approved the exchange on April 12. The 1,760
acre Bernard Ranch was part of the "donut hole" at the terminus of County Road 15. The City
recently acquired an option on the property to acquire the ranch for $2 million over seven years. The
ranch would be leased back to the family for ranching over the seven years. The City planned to
seek support from Great Outdoors Colorado for each transaction during the seven years to buy -down
conservation values and development rights on the property. The property would eventually be sold
for ranching purposes and conservation easements would be placed on the property with the help of
Great Outdoors Colorado. The City would retain right-of-way need to access Soapstone. He
presented visual information showing the location of the ranch, County Road 15, and the City -
acquired Round View property. The Bernard Ranch would ensure best access on County Road 15,
protect the gateway into Soapstone, and conserve the viewshed for a low net investment. This
transaction requires an ordinance authorizing a lease -back to the Bernard family for cattle grazing.
The lease would terminate upon completion of the acquisition by the City. The Land Conservation
and Stewardship Board would formally consider this project at its next meeting prior to Second
Reading of the Ordinance. The Land Conservation and Stewardship Plan specified that about one-
third of available resources were to be allocated to each of the three categories of projects. The
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May 2, 2006
allocation of resources was not evenly distributed at this time and the natural areas program would
be working to get that allocation back into balance and to allocate more toward local projects.
Kathleen Kilkelly, 920 Inverness Road, Growth Management Area resident, stated this appeared to
be a "win -win" situation. She asked that Council evaluate "the means to these goals." She
supported the acquisition and protection of Soapstone and the conservation easement on the sod
farm. She asked Council not to "diminish" the importance of the community separators. The issue
was "balance" and these kinds of matters should be discussed before they became "done deals." She
expressed concern about future development by the State Land Board and questioned fixture zoning,
annexation and subdivision plans for the property. She expressed concerns about clustering of
development and stated she had concerns about the "long term repercussions" of this land exchange.
She urged the Council to acquire more natural areas in the northeast and spoke about the impact of
development in her area.
Mayor Hutchinson stated there would be separate discussion and voting on each of the items.
Councilmember Manvel noted the sod farm was adjacent to the Growth Management Area boundary
and close to some of the new subdivisions near Richards Lake and Douglas Road. He asked if there
would be a small subdivision of 20 homes on the property and if it would be developed in the
County. Greg Byrne, CPES Director, stated there was no intent to annex the property or to move the
Growth Management Area boundary. It was anticipated that any future development of the property
would be done under County jurisdiction and regulations. Stokes stated there would be a potential
for 20 home sites on the northwestern corner of the property. Three other existing home sites were
on the eastern side of the property. The City did a visual preference survey and people were
comfortable with one house per 10 acres within the community separators. The proposed density
on this 440 acres would be less and the proposed houses would be clustered on the northwestern
corner. The conservation easement would be enforceable by the City in perpetuity. Byrne stated part
of the reason for the clustering was to maintain the viability of the sod farm and to maintain the lease
income for the State Land Board.
Councilmember Manvel asked if there was any additional detail available about the clustering and
how much area could be used. Stokes stated the conservation easement specified that the
development must comply with County regulations in place at the time of development. He noted
development was not anticipated to occur soon and it was expected that the State Land Board would
want to capitalize on those sites for 10-20 years.
Councilmember Weitkunat stated some people may be confused about why there was money
available for this during a right budget and asked staff to provide an explanation for the benefit of
the audience. Stokes stated the funding being used for the State Land Board exchange was generated
by Building Community Choices (a quarter -cent sales tax dedicated in part to the acquisition of
natural areas). Other funding came from a quarter -cent sales tax for the County known as "Help
Preserve Open Space." The City's natural areas program received about one-third of its total funding
from that County tax. The City issued Certificates of Participation for regional projects such as
Soapstone so that money would still be available for community separators and local projects.
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May 2, 2006
Councilmember Weitkunat asked for confirmation that none of the money would come from the
General Fund and the available funds could not be spent in other places. Stokes stated that was
correct. City Manager Atteberry stated these dollars could not be used for General Fund purposes
such as the library, Dial -a -Ride, etc.
Councilmember Kastein stated he personally would prefer to see the money spent on local projects,
community separators and regional projects in that order. He noted staffhad indicated that resources
should be equally allocated for those three purposes. He asked if the policy direction was to spend
the money equally. Stokes stated the policy provided a "framework for spending" and was not
prescriptive. The policy provided that an effort would be made to distribute the dollars equally for
the three purposes over the course of about 10 years. The plan also articulated that the City should
take advantage of opportunities that became available. The allocation for regional projects was "just
about maxed out" and staff s focus would now be on local projects and community separators. The
allocations were "out ofbalance" and efforts would be made to achieve a balance within the ten-year
period (2004-2014). The allocations at this time were 6% for local projects, 57% for regional
projects and 37% for community separators. Those percentages would change as soon as the City
started spending money on local projects.
Councilmember Kastein asked if money would need to be spent on additional properties related to
Soapstone. Stokes stated the focus was on the "donut hole" properties. There were private lands
to the west that were inholdings within the Red Mountain property and the County was working on
acquisition of those lands.
Councilmember Kastein asked for clarification relating to the $4+ million cost to the City for the
land swap. He asked if this was due to the money the City paid to purchase the 441 acres. Stokes
replied in the affirmative.
Councilmember Kastein asked for clarification regarding the net investment, noting that staff
indicated the City hoped to have a low net investment after GOCO grants were received. He asked
staff to estimate the net investment for the swap. Stokes stated the City bought the sod farm for
about $5.4 million and would trade it to the State Land Board for 3,800 acres plus $800,000. The
City's net investment would, therefore, be about $4.6 million (about $1,000 per acre).
Councilmember Kastein asked if any further revenue was anticipated from GOCO funding. Stokes
stated no further funding was anticipated on that particular project.
Councilmember Kastein asked for clarification that the City hoped to have a low net investment on
the second part of the transaction. Stokes stated GOCO grants must receive a minimum local match
of 25%. The best case scenario for the Bernard Ranch was a net investment of approximately
$300,000 if grants were received.
Councilmember Kastein asked why input had not yet been received on the second part of the
transaction from the Land Conservation and Stewardship Board. Stokes stated the issue was timing
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May 2, 2006
and a full Council schedule. The Board was aware of the Bernard Ranch acquisition and would
formally consider it at the next Board meeting prior to Second Reading of the Ordinance.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
073, 2006 on First Reading.
Councilmember Kastein stated he recognized the importance of the Soapstone area and it made sense
to "complete that purchase." He did not favor spending this kind of money so far north of the City.
His approval of the ordinance was conditioned on the idea that the allocation for local projects would
be brought back into line as soon as possible.
Councilmember Manvel thanked staff for solving the State Land Board problem in an "ingenious
way." He would like to see a continued balance in allocation of resource for local, regional and
community separator projects.
Mayor Hutchinson commented the Soapstone purchase was controversial but this was land the
taxpayers could make good use of. Funds from the City and County open space taxes were
earmarked for this purpose and the funds could not be used for anything else.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Brown made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 074, 2006 on First Reading.
Councilmember Manvel thanked the Bernards and other ranchers who were making "financial
sacrifices" in some cases to help protect the land.
Councilmember Roy thanked staff for the hard work on finding these types of opportunities. He
stated he trusted that a balance in allocations would happen. He appreciated being involved in this
"legacy building" for the future.
Councilmember Kastein thanked staff for working toward a low net investment on properties that
were worth millions of dollars and for actively looking for grant opportunities.
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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Adjournment
The meeting adjourned at 7:50 p.m.
OV,& , _
Mayo
ATTEST:
City Clerk ,
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