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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. CT 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. 67 May 3, 2005 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. .M 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 .' May 3, 2005 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 ITO] 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. 71 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. 17r""L 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. 72 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 73 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 74 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. 75 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 76 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 77 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. 79 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 M. 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. EE 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