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HomeMy WebLinkAboutMINUTES-02/18/1992-RegularFebruary 18, 1992 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday February 18, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Daryl Knoblock, Vice President of the Poudre Valley Board of Education, expressed his satisfaction with the cooperation between Council and School District liaisons. He urged the continuation of the strong and positive staff participation. Joan Seaman, 613 Larkbunting, spoke of preemption concerns regarding Senate Bill 117 relating to hazardous waste management. She questioned the Colorado Municipal League's (CML) position regarding Senate Bill 117 and asked about the City's involvement with CML. Citizen Participation Follow-up Councilmember Winokur recommended a joint worksession between the School Board and Council in an effort to better understand the process and intent involved in the negotiations. Councilmember Fromme concurred with Ms. Seaman's concerns and stated she would inquire what position CML would take regarding the local preemption portion of Senate Bill. Mayor Kirkpatrick clarified the Colorado Municipal League has taken a policy position opposing burning of hazardous materials in cement kilns. Agenda Review City Manager Steve Burkett noted a minor change in Item #19, Hearing and First Reading of Ordinance No. 22, 1992, Amending the General Form for Petitions for Nomination for City Council Office, changing the wording from "Warning" to "Notice", and requested Item #41, Resolution 92-37 Amending Resolution 76-70 and Setting Forth the Intent to Continue Tax Levies within General Improvement District No. 1 for the Purpose of Constructing New Improvements, be withdrawn and postpone consideration until after the March 31 Work Session. EM February 18, 1992 I Councilmember Horak requested that Item #16, Resolution 92-24 Authorizing the Mayor to enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County, and Hearing and First Reading of Ordinance No. 19, 1992, Appropriating Unanticipated Revenue of $10,803 for the Library Outreach Program," be withdrawn from the Consent Calendar. Bruce Lockhart, 2500 E. Harmony Road, request Item #13, Hearing and First Reading of Ordinance No. 16, 1992, Appropriating Prior Year Reserves from Police Seizure Activity, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #29, Pulled Consent Items. Q Consider approval of the minutes of the regular meeting of January 21. One of the Choices 95 projects is the improvement of Shields Street from Prospect to Laurel. In 1989, $20,000 was appropriated for this project for conceptual design. The Choices 95 program proposes appropriations of $361,000 and $967,000 in 1993 and 1994, respectively, for design, right- of-way acquisition and construction of this project. Staff is currently designing three other Choices 95 projects --the Prospect/Shields Intersection, Prospect -Shields to Taft, and the Prospect/Taft Intersection. Because these three projects represent a continuous set of improvements, it is necessary to design all of them at the same time. It is difficult to design the Prospect/Shields Intersection without looking further north to the most likely improvements along Shields from Prospect to Laurel. Consequently, pursuing the design of the Shields from Prospect to Laurel project at this time would allow greater efficiency in the design process. The work on Prospect requires. extensive services from an appraiser and right-of-way negotiator. Utilizing these consultants on Shields at the same time they are working on Prospect would be an efficient use of the consultants and could avoid delays in the ROW acquisition process for the Shields -Prospect to Laurel project. I 169 February 18, 1992 This Ordinance, which was unanimously adopted on First Reading on February 4, reduces the 1992 appropriation for the Prospect/College Intersection project by $45,000 and increases the 1992 appropriation for Shields - Prospect to Laurel project by the same amount. 9. Second Reading of Ordinance No 8 1992 Appropriating Prior Year Reserves. Funds were appropriated in 1991 for specific purposes as described below, but not spent. The unspent funds were added to the General Fund reserves at the end of 1991. Appropriations were typically not spent because there was not sufficient time to complete bidding in 1991, and thus there was no known vendor or binding contract to encumber the funds for expenditure in 1992. This ordinance, which was unanimously adopted on First Reading on February 4, reappropriates the 1991 funds for the same uses as were originally approved by Council in 1991. 10. Historical Structures. The City of Fort Collins was awarded a grant from the Colorado Historical ' Society in the amount of $10,000 for survey and documentation of approximately 125 historic buildings in the community. The survey and inventory work will focus on targeted buildings and neighborhoods which are considered significant and most threatened. This information will be used in the Historic Resources Preservation Program. This Ordinance, which was unanimously adopted on First Reading on February 4, appropriates the $10,000 grant revenue: 11. Second Reading of Ordinance No. 10, 1992, Rezoning Certain Property Known as the Pinecone PUD. 12. This Ordinance, which was unanimously adopted on First Reading on February 4, rezones approximately 168.5 acres from the T-Transition zone to the B- P, Planned Business zone (36.8 acres) and the R-P, Planned Residential zone (131.7 acres) located east of Timberline Road and north of East Horsetooth Road. The property is currently undeveloped. APPLICANT: Timberline Partnership OWNER: Same 4875 Pearl East Circle Suite #300 Boulder, CO 80301 170 13. 14. February 18, 1992 Fort Collins Police Services applied for project funding to the Colorado Division of Criminal Justice for federal grant monies to fund salary for one officer, equipment, and educational materials for D.A.R.E. (Drug Abuse Resistance Education) and has received notification of a grant award in the amount of $12, 792. Poudre R-1 School District is providing funds in the amount of $10,780 and T.E.A.M. Fort Collins is providing funds in the amount of $15,000 for this project. Funds in the amount of $16,000 as Fort Collins' portion of this request as well as the addition of another officer and related expenses have already been appropriated in the existing department budget. The funding from these various sources, including the City's contribution, provides two full-time equivalent police officers dedicated to D.A.R.E. This package represents the funds for one of these officers. STATE FORT COLLINS PR-1 T.E.A.M. FT. TOTAL SHARE MATCH COLLINS SHARE $12,792 $16,000 $10,780 $15,000 $54,572 During calendar year 1991, Fort Collins Police Services has continued to utilize existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing duties and meeting obligations which have not been funded through the routine budget process. These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditure following appropriation. This appropriation of $65,848.55 includes $39,895.20 in Prior Year Reserves from seizure money on account through year end 1991 and the remaining unexpended appropriation from 1991 for police seizures in the amount of $25,953.35. Police Services will request awards made by the courts from police seizures during 1992 be appropriated early in 1993. This item is a bookkeeping action to allow operation of the current Clean Air Colorado program. 171 1 15. 16 17. February 18, 1992 Each year, since 1989-90, the State has granted $30,000 to the City of Fort Collins to be used for air quality education. This income must be appropriated by Council before it is available for use locally. Loans. The expansion of the ZILCH funding in 1991 resulted in the separation of funds used for energy conservation purposes (Light & Power Reserve) from those used for residential air quality improvements (General Fund). Loan repayments on air quality loans now accrue to the General Fund and must be appropriated annually to retain the revolving loan fund. This action appropriates loan receipts from 1991 and projected 1992 income for use in making new air quality loans during 1992. Items Relating to Library Services. A. Q This resolution authorizes the Mayor to enter into an agreement for the City to continue to provide Larimer County services and Library outreach services to and other isolated persons. In exchange during 1992, the County will pay to the appropriates the outreach funds. General S appropriated with the 1992 budget. residents with general Library erve the handicapped, elderly, for providing these services .ity $108,034. The Ordinance arvice funds were projected and This Ordinance contains several amendments to Section 3-55 of the City Code. This Section sets forth the aggravating and mitigating factors that the Fort Collins Liquor Licensing Authority can consider at a show cause hearing in imposing a penalty for a violation of the Colorado Liquor or Beer Code. Several of the proposed amendments simply clarify the language of Section 3-55. However, the amendments to subsections (3) and (4) of Section 3-55 are substantive in nature. The amendment to subsection (3) has been made to state clearly that, as a general rule, the Authority can 172 10 19. February 18, 1992 ' only consider prior violations at the licensed premises that were committed by the licensee or the licensee's employees. The exception established by the amendment to subsection (4) is intended to prevent license holders from "cleansing" licenses of prior violations by transferring them to new entities. ualit . One of the goals identified by Council is to "Enhance the environmental quality of our community". As part of the Environmental Management Plan formulated to achieve this goal, stormwater quality has been identified as an action item. The proposed Code changes are in response to this objective. Two specific areas are addressed. First, the Environmental Protection Agency and the State of Colorado have promulgated regulations which will soon require the City to have specific legal authority over discharges to its stormwater systems. Second, discharges of treated groundwater from leaking underground storage tank remediation sites are currently entering the sanitary sewer system. In the opinion of staff, it is more appropriate that these effluents be discharged to the stormwater system. Water discharged from these treatment facilities is required to ' meet strict water quality standards, and will not be significantly improved by the wastewater treatment process. Additionally, this water uses valuable treatment capacity at the wastewater plant. Currently the Code is vague in its ability to allow such discharges and potential conflicts exist between various parts of the Code. The proposed changes address local environmental protection, upcoming permit requirements, and current contradictions and ambiguities in various sections of the Code. In 1987, Council adopted an ordinance establishing the General Form for Petitions for Nomination for City Council Office. The City Clerk has since identified a need to make several changes to the General Form. Because the General Form was established by ordinance, any significant amendments must be made by an amending ordinance. The suggested changes are in the wording of the circulator's and candidate's affidavits. Specifically, the circulator's and candidate's affidavits have been amended to clearly reflect that they are verified or sworn statements. The verified statement of the circulator will now contain language to affirm that petition signers stated to the circulator that they were thatregistered st statesctors. The affirmativelycandidate's dtthathe affidavit cand candidatewill now meets, all of language ofthe qualifications for office, including the residency and age requirements, ' and that the candidate will serve if elected. 173 February 18, 1992 20. The easement being requested is located on land purchased by the City of Fort Collins for the Greeley/Fort Collins Pump Station. US West plans to bury a fiber optic telecommunications cable through the strip along the northwesterly edge of the parcel parallel to County Road 52E. It has agreed to use installation procedures required by the City Water Utilities. Compensation is based on the City's purchase price of the Pump Station site. The project is scheduled to begin in the spring of 1992. 21. The resolution would authorize the Mayor to enter into an intergovernmental agreement with CSU for a study of background water ' quality in Horsetooth Reservoir. The study is necessary to assure that the quality of the raw water treated for domestic use in maintained and to provide information on manganese and algae in the Reservoir that may impact water treatment processes. 22. Water from Horsetooth Reservoir is a major component of the City's water supply system. A number of factors, such as recreation use, algal growth, wildlife, septic systems, and. storm runoff may affect the microbiological and chemical characteristics of the water in Horsetooth Reservoir. In conjunction with CSU, sites that may be impacted by activities in and around the Reservoir have been identified for monitoring. The purpose of the study is to identify water quality conditions that may exist in the Reservoir so that strategies to prevent pollution and/or to modify treatment processes may be developed if needed. CSU has completed previous annual contracts for this work in a professional and timely manner. The primary purpose of this long term program is to provide the City with river flow and water quality information for present and future operations and planning needs. The program costs are shared equally between the United States Geological Survey and the City. 174 23. February 18, 1992 ' The goal of this program is to provide necessary baseline information for cost-effective water quality and quantity management. Through this contract, the USGS provides necessary flow and water quality data at seven sites on the Cache La Poudre from near Cameron Pass through Fort Collins to just above Timnath. The Resolution would authorize the Mayor to enter into a contract with CSU to conduct fish and benthic biosurveys in the Poudre River during 1992. The biosurveys are necessary to assess the impact of wastewater discharges on aquatic life in the River. 24. Resolution 92- 25. The resolution authorizes the City Manager to execute an application for the renewal of Temporary Use Permits with the Northern Colorado Water Conservancy District for the continued use by the City of seven hundred thirty (730) acre-foot units of Colorado -Big Thompson (CBT) water. The District requires that Temporary Use Permits be renewed each year. Since ' transfers of water using permanent contracts take longer and are more complicated, they are initially made using the Temporary Use Permits. Every few years, all CBT water owned and used under a Temporary Use Permit is converted to use under a permanent contract. In 1983 the City granted Colorado State University a revocable permit allowing the University the right to install conduits for the University's telephone system in several City streets. The conduits allowed the University to serve facilities such as married student housing, the Foothills Campus, and the University Services Center. Under that permit, the University installed conduit in West Plum Street from Shields Street west to the Larimer County Canal #2. Service to the administrative center for the Housing Division requires conduit in West Plum Street from the Larimer County Canal #2 west approximately 900 feet. The installation of this conduit was not covered by the revocable permit granted in 1983, so a new permit is required. This resolution constitutes the revocable permit which will allow the ' University's telephone system to be occupy this portion of West Plum 175 26. Street similar to other construction, operation accordance with existing utilities' systems. The and maintenance of the City Codes, standards and February 18, 1992 permit guarantees the conduit will be in specifications. Care -A -Van, Inc., provides transportation services to disabled and elderly persons, including the operation of the SAINT Program. This service complements the City Transfort system. This contract provides support funding in the amount of $160,500. Of the total contribution, $10,500 will be paid from the General Fund and $150,000 is federal operating grant funds the City has allocated for this type of service within the urbanized area of Fort Collins. In 1992, the City will receive paratransit services to senior and disabled citizens throughout the urbanized area, Monday through Saturday from 6:30 am to 6:30 pm. This service is established with a response time goal of 24 hours or less. These citizens also receive SAINT program services from 9:00 am to 9:00 pm seven days a week. SAINT is a volunteer transportation service operated by Care -A -Van, Inc. 27. Resolution 92-31 Renaming Lame Beaver Court. Located in Quail Hollow Subdivision, Fifth Filing, to Beaver Court. In response to a request from Dan Jensen, applicant and developer of the Quail Hollow Subdivision, staff is processing a street name change for Lame Beaver Court located in Quail Hollow 5th Filing Subdivision. Quail Hollow Subdivision is located south of Drake Road and east of Overland Trail. Mr. Jensen is the sole owner of the six platted lots fronting on Lame Beaver Court. He is requesting that the street name be changed to Beaver Court. The street name change is being requested in response to repeated requests, from potential buyers of the six lots with addresses on the subject street, for a different street name. The houses under construction on Lame Beaver Court are owned by Mr. Jensen. Staff has circulated this request to all utility and emergency service agencies and there have been no problems reported with the proposed change. If the resolution is approved, staff will contact the necessary City departments and agencies and inform them of the street name change, so that sign changes may be made. The costs for making new signs will be charged to the applicant, Dan Jensen, who is requesting the street name change. 28. Routine Deeds and Easements. Land acquisition from Viola M. Kincaid, vacant lot on Stuart, needed for the Stover/Stuart Channelization Project. Monetary consideration: $16,000. 176 February 18, 1992 ' Items on Second Reading were read by title by City Clerk Wanda Krajicek. 91 a 10. 32. Items on First Reading were read by title by City Clerk Wanda Krajicek. IN 13. 14. 15. Hearing and First Reading of Ordinance No. 15, 1992, Appropriating Unanticipated Revenue of $38 572 from the Colorado Division of Criminal Justice, Poudre R-1 and T.E.A.M. Fort Collins for Fort Collins Police ' Services' Drug Abuse Resistance Education (D.A.R.E.) Protect. 16. Items Relating to Library Services. 17. tm Authority. 177 February 18, 1992 18. Hearing and 26 c ualit . 19. Hearing Form for 20. 34. B. He; T Am C. ' 35 36. 37. 40. Items Related to the Pickett Second Annexation and Zoning Items Related to the Pickett Third Annexation and Zoning Q C. A. 178 91 Bonds, Series 1992B. February 18, 1992 Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 16, 1992, Appropriating Prior Year Reserves from Police Seizure Activity. Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY During calendar year 1991, Fort Collins Police Services has continued to utilize existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing duties and meeting obligations which have not been funded through the routine budget process. These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditure following appropriation. This appropriation of $65,848.55 includes $39,895.20 in Prior Year Reserves from seizure money on account through year end 1991 and the remaining unexpended appropriation from 1991 for police seizures in the amount of $25,953.35. Police Services wiII request awards made by the courts from police seizures during 1992 be appropriated early in 1993." Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt Ordinance No. 16, 1992 on First Reading. Councilmember Fromme questioned if money from the Police Seizure Activity Fund could be used to fund part of the DARE program. Division Commander Dave Feldman stated the DARE Program was considered to be a normal budgeted program therefore money awarded through the court could not be used for normal operating expenses. He reported the annual seizure report had been prepared and distributed. 179 February 18, 1992 Bruce Lockhart, 2500 E. Harmony Road, spoke of due process concerns and opposed the appropriation of funds stating he believed it was unconstitutional. Feldman clarified the money is not appropriated until the Court determination is final. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Library Services, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Resolution 92-24 Authorizing the Mayor to enter into an Intergovernmental Agreement with Larimer County for the Purpose of Providing Library Services to Residents of Larimer County. ' B. Hearing and First Reading of Ordinance No. 19, 1992, Appropriating. Unanticipated Revenue of $10,803 for the Library Outreach Program. This resolution authorizes the Mayor to enter into an agreement for the City to continue to provide Larimer County residents with general Library services and Library outreach services to serve the handicapped, elderly, and other isolated persons. In exchange for providing these services during 1992, the County will pay to the City $108,034. The Ordinance appropriates the outreach funds. General Service funds were projected and appropriated with the 1992 budget. BACKGROUND: Prior to 1986, the City entered into two agreements each year for the provision of general Library services and Library outreach service to residents of Larimer County. In 1986, the County began using a single agreement which provides for both general Library services and Library outreach services. The City Library will provide substantially the same general library services to residents of Larimer County that are presently rendered to residents of the City. Under the Outreach Program, the City will continue to develop and implement a program to serve the handicapped, elderly and other isolated persons in the City's service area within Larimer County, both within. and outside the City limits. For these services, Larimer County will contribute $108,034 to the City as follows: $97,231 General Library Services ' 10 803 Outreach $108;034 180 February 18, 1992 , This is a 1.3 percent decrease from 1991." Councilmember Azari made a motion, seconded by Councilmember Fromme, to adopt Resolution 92-24. Library Director Jane Davis responded to questions regarding Larimer County funding for library services. She reported that the percentage of library users did not increase which resulted in less funding. Councilmember Horak stated he would be supporting the resolution and suggested the need for a liaison committee to work with the Commissioners to get the program moving. Councilmember Fromme reported the Library Board has scheduled a retreat to discuss a five year plan for the Library and stated Council should consider whether the Library Board should act as a liaison to the County. She commented that she did not feel the County was taking its part of the responsibility regarding Library funding. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. , Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 19, 1992 on First Reading. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports Chief of Police Fred Rainquet introduced new Police Sergeant Pete Gazley and Police Lieutenant Sherry Wagner. He briefly described the promotion process and reported there had not been a promotion to Lieutenant.in Fort Collins for ten years. Councilmember Reports Councilmember Fromme reported the Cable TV Board has hired a team of consultants to review the Franchise Renewal Agreement.. 181 February 18, 1992 Ordinance No. 13, 1992, Repealing Chapter 26, Article VIII of the Code, entitled "Transportation Utility". Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On February 4, staff presented 3 options for Council consideration regarding the Transportation Utility Fee. At that meeting, Council adopted (Option C) Ordinance No. 13, 1992, on First Reading by a vote of 6-1. This Ordinance repeals the section of the Code which authorizes the Transportation Utility Fee." Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 13, 1992 on Second Reading. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Maxey and Winokur. Nays: Mayor Kirkpatrick. THE MOTION CARRIED. ' Resolution 92-32 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board approval of the Paragon Point PUD Overall Development Plan and Preliminary Plan for Phase 1, and Upholding the Decision of the Board. Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On December 30, 1991, an appeal of the December 16, 1991, final decision of the Planning and Zoning Board to approve the Paragon Point PUD Overall Development Plan and Preliminary Plan for Phase 1 was filed by attorney Rick Zier on behalf of the appellants, Southridge Greens Community PUD Association. On February 4, 1992, City Council voted 5-2 to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. It.?A February 18, 1992 ' BACKGROUND: The appellants' notice of appeal was based on allegations that the Planning and Zoning Board abused its discretion and denied the appellants a fair hearing. At the February 4, 1992 hearing on this matter, Council considered the record on appeal and presentations by City staff, the attorney for the appellants, and the attorneys for the opponents of the appeal. After discussion, Council determined that the Planning and Zoning Board did not abuse its discretion and that the Board properly interpreted the relevant provisions of the City Code and Charter and that the Board conducted a fair hearing. Council determined that the decision of the Board should be upheld, but it directed the Board to consider, on review of the final plan for this development, whether additional access requests should be imposed to insure that fire needs had been fully met under the LOGS." Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt Resolution 92-32. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Fromme and Horak. ' THE MOTION CARRIED. Items Related to the Pickett Second Annexation and Zoning. Adopted. The following is staff's memorandum on this item. A. Resolution 92-33 Setting Forth Findings of Fact and Determinations Regarding the Pickett Second Annexation. B. Hearing and First Reading of Ordinance No. 24, 1992, Annexing Approximately 854 Square Feet, Known as the Pickett Second Annexation. C. Hearing and First Reading of Ordinance No. 25, 1992, Zoning Approximately 854 Square Feet, Known as the Pickett Second Annexation, Into the R-P, Planned Residential, Zoning District. This is a request to annex and zone approximately 854 square feet located just east of the terminus of Spaulding Lane, south of Country Club Road. The requested zoning is the R-P, Planned Residential, District. The property is presently developed as a part of Lot #5 of the Terry Ridge Subdivision. The area to be annexed will be used as street right-of-way to provide access to the Pheasant Ridge Estates Subdivision, a proposed residential development within the city limits. The property is currently zoned FA Farming in the County. This is , a voluntary annexation. 183 February 18, 1992 APPLICANT: Gary Nordic OWNER: Eric Peterson 809 W. Harmony Road 1919 Westview Road Ft. Collins, Co 80525 Ft. Collins, CO 80521 BACKGROUND: The applicant, Gary Nordic, on behalf of the owner, Eric Peterson, has submitted a written petition requesting annexation of approximately 854 square feet located just east of the terminus of Spaulding Lane, south of Country Club Road. The requested zoning is the R-P, Planned Residential, District. The property is presently developed as a part of Lot #5 of the Terry Ridge Subdivision. The area to be annexed will be used as street right-of-way to provide access to the Pheasant Ridge Estates Subdivision, a proposed residential development within the city limits. The property is currently zoned FA Farming in the County. This is a voluntary annexation. 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 consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The property gains the required 116 contiguity to existing city limits from a common boundary with the Pickett Annexation to the.south. The surrounding zoning and existing land uses are as follows: N: FA, Farming, Terry Ridge Subdivision E: FA, Farming, Terry Ridge Subdivision and Puebla Vista Estates Subdivision S: R-P, Planned Residential, undeveloped W: FA, Farming, non -subdivision development The requested zoning for this annexation is the R-P, Planned Residential District. The R-P District designation is for areas planned as a unit to provide a variation in use and building placement. The area to be annexed will provide street right-of-way access to property which will eventually develop as the Pheasant Ridge Estates Subdivision located within the city limits. On July 22, 1991, the Planning and Zoning Board reviewed a preliminary plan for the Pheasant Ridge Estates Subdivision, a request for 25 single-family lots located on 19.23 acres. The Board voted 6-0 to approve the preliminary plan with the following four conditions: 1. A 46 foot wide dedicated right-of-way (ROW) be secured by the developer/owner of Pheasant Ridge Estates from the owners of Lot #5 ' prior to final approval. This access easement must be accepted by the County and recorded with the Larimer County Clerk and Recorder's 184 February 18, 1992 , office prior to recording of Pheasant Ridge Estates subdivision plat. 2. The determination of responsibility for perpetual maintenance of the two detention ponds be made by the City Stormwater Utility prior to final approval. 3. A landscape plan for the on -site detention ponds be submitted to the City for final review. 4. Access from Spaulding Lane be reviewed by the Board with recommendations from staff at the time of final. This annexation will assist the developer of the Pheasant Ridge Estates subdivision in fulfilling condition #4 above. Findings 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a , voluntary annexation to the City of Fort Collins. 3. On January 7, 1992, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested R-P, Planned Residential, District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular meeting on January 27, 1992, voted 7-0 to recommend approval of the proposed annexation and requested zoning. Several area property -owners raised questions and concerns with the annexation at the Board's hearing. Most of the questions and concerns related to the proposed Pheasant Ridge Subdivision, approved by the Board in July of 1991, and I not with the annexation per se." U, February 18, 1992 Chief Planner Ken Waido gave a presentation regarding the annexations stating the purpose for the annexations was to acquire a right-of-way to join a development proposal currently inside the City limits. He outlined the conditions of the preliminary approval relating to subdivision access and requested zoning. Councilmember Winokur made a motion, seconded by Councilmember Edwards, to adopt Resolution 92-33. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 24, 1992 on First Reading. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION.CARRIED. Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 25, 1992 on First Reading. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Items Related to the Pickett Third Annexation and Zoning Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Resolution 92-34 Setting Forth Findings of Fact and Determinations Regarding the Pickett Third Annexation. B. Hearing and First Reading of Ordinance No. 26, 1992, Annexing Approximately 10,605 Square feet, Known as the Pickett Third Annexation. C. Hearing and First Reading of Ordinance No. 27, 1992, Zoning Approximately 10,605 Square feet, Known as the Pickett Third Annexation, Into the R-P, Planned Residential, Zoning District. ' This is a request to annex and zone approximately 10,605 square feet located just south of the terminus of Westview Road, south of Country Club Road. The ORE February 18, 1992 requested zoning is the R-P, Planned Residential, District. The property is presently developed as a part of Lot #5 of the Terry Ridge Subdivision. The area to be annexed will be used as street right-of-way to provide access to the Pheasant Ridge Estates Subdivision, a proposed residential development within the city limits. The property is currently zoned FA Farming in the County. This is a voluntary annexation. APPLICANT: Gary Nordic 809 W. Harmony Road Ft. Collins, Co 80525 BACKGROUND: OWNER: Eric Peterson 1919 Westview Road Ft. Collins, CO 80521 The applicant, Gary Nordic, on behalf of the owner, Eric Peterson, has submitted a written petition requesting annexation of approximately 10,605 square feet located just south of the terminus of Westview Road, south of Country Club Road. The requested zoning is the R-P, Planned Residential, District. The property is presently developed as a part of Lot #5 of the Terry Ridge Subdivision. The area to be annexed will be used as street right-of-way to provide access to the Pheasant Ridge Estates Subdivision, a proposed residential development within the city limits. The property is currently zoned FA Farming in the County. This is a voluntary annexation. 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 consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The property gains the required 116 contiguity to existing city limits from a common boundary with the Pickett Annexation to the south. The surrounding zoning and existing land uses are as follows: N: FA, Farming, Terry Ridge Subdivision E: FA, Farming, Terry Ridge and Puebla Vista Estates Subdivisions S: R-P, Planned Residential, undeveloped W: FA, Farming, non -subdivision development The requested zoning for this annexation is the R-P, Planned Residential District. The R-P District designation is for areas planned as a unit to provide a variation in use and building placement. The area to be annexed will provide street right-of-way access to property which will eventually develop as the Pheasant Ridge Estates Subdivision located within the city limits. On July 22, 1991, the Planning and Zoning Board reviewed a preliminary plan for the Pheasant Ridge Estates Subdivision, a request for 25 single-family. lots located on 19.23 acres. The Board voted 6-0 to approve the preliminary plan with the following four conditions: 187 ' February 18, 1992 1. A 46 foot wide dedicated right-of-way (ROW) be secured by the developer/owner of Pheasant Ridge Estates from the owners of Lot #5 prior to final approval. This access easement must be accepted by the County and recorded with the Larimer County Clerk and Recorder's office prior to recording of Pheasant Ridge Estates subdivision plat. 2. The determination of responsibility for perpetual maintenance of the two detention ponds be made by the City Stormwater Utility prior to final approval. 3. A landscape plan for the on -site detention ponds be submitted to the City for final review. Access from Spaulding Lane be reviewed by the Board with recommendations from staff at the time of final. This annexation will assist the developer of the Pheasant Ridge Estates subdivision in fulfilling condition #1 above. Staff expects opposition from the residents of the Terry Ridge Subdivision to this annexation because the annexation will facilitate the connection of an access point from the Pheasant Ridge Estates subdivision to Westview Road. From staff's perspective concerning the connection to Westview Road, it is clear the Larimer County Board of Commissioners intended to provide access to properties south of Terry Ridge Subdivision via an extension of Westview Road when the Commissioners required a 60' wide reservation for future road R.O.W. as a part of both Lot #5 and Lot #6 of the Terry Ridge Subdivision. Technically, the annexation of this area for street R.O.W. will do no more than officially "bend" the existing road R.O.W. reservation to the southwest, rather than going straight south as was previously anticipated.. Findings The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On January 7, 1992, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the annexation process for this property by establishing the date, time and place when a public ' hearing will be held regarding the readings of the Ordinances annexing and zoning the area. 9W February 18, 1992 ' 4. The requested R-P, Planned Residential, District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting on January 27, 1992, voted 7-0 to .recommend approval of the proposed annexation and requested zoning. As expected, several area property -owners raised questions and concerns with the annexation at the Board's hearing. Most of the questions and concerns related to the proposed Pheasant Ridge Subdivision, approved by the Board in July of 1991, and not with the annexation per se. A copy of the Board's minutes is attached." Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Resolution 92-34. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. I THE MOTION CARRIED. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 26, 1992 on First Reading. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: ,None. THE MOTION CARRIED. Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 27, 1992 on First Reading. The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 28, 1992, Amending Section 2-203 of the Code of the City of Fort Collins Pertaining to the Duties and Functions of the Cultural Resources Board, Adopted. The following is staff's memorandum on this item. ' 189 1 February 18, 1992 "EXECUTIVE SUMMARY On January 21, the Council reviewed its policy pertaining to the allocation of City funds. It adopted Resolution 92-23 which stated that any board or commission which reviews funding proposals should make recommendations to the Council rather than having final decision -making authority with regard to such proposals. At present, the only City board or commission which is authorized to perform this function is the Cultural Resources Board. This board reviews proposals for the sponsorship of community programs or activities as part of the City's "Fort Fund" program. Funding for this program is generated by the City's lodging tax. This proposed ordinance is presented to the Council in order to make the provisions of the City Code pertaining to the Cultural Resources Board consistent with the recently adopted Council policy." Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt Ordinance No. 28, 1992 on First Reading. City Attorney Steve Roy gave a brief explanation of the ordinance and stated the item was created to implement a policy change recently adopted by Council. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: Councilmembers Azari and Winokur. THE MOTION CARRIED. Ordinance No. 29, 1992, Amending Chapter 2 of the Code Relating to Boards and Commissions and Creating the Transportation Board Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance would establish a Transportation Board to advise City Council on policy matters pertaining to the City's transportation system. The Board would advise the Council on transportation related matters such as bikeways, transit, transportation planning, alternative modes planning and transportation capital projects. The Board would coordinate its review of these issues with other City boards and commissions to provide Council with an integrated policy review. 190 February 18, 1992 ' BACKGROUND: The Council identified the creation of a citizen Transportation Board as a part of its 1991-1993 Policy Agenda. The Ad -Hoc Transportation Committee was formed by Council in 1988 to specifically work on the development of a multi -modal Transportation Plan. The Committee has completed, and Council has approved, a Policy and Objective element of this plan. As the Action Plan element of the Transportation Plan moves toward completion, a permanent citizen board is needed to provide on -going citizen participation." Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt Ordinance No. 29, 1992. City Clerk Wanda Krajicek clarified. if the ordinance were passed on first reading a resolution would be introduced at the March 3 meeting designating a Council Liaison. Councilmember Fromme commended staff for their efforts and expressed the need for prompt action regarding the interview process. Councilmember Horak stated that although the efforts of the board would not be ' recognized for several years, he was pleased to finally see this item come before Council. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 92-35 Authorizing the City Manager to Pursue Negotiations with Poudre R-1 School District for the Purchase, Design, Development, and Maintenance of a 15-acre Neighborhood Park Adjacent to the New Fort Collins High School Site, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT Acquisition of this 15 acre parcel (at $16,000 per acre) will cost $240,000. The City's standard for development cost is between $40,000 to $50,000 per acre. Development costs are anticipated to range from $600,000 to $750,000. Total park cost for acquisition and development may cost $1,000,000. Annual maintenance ' costs for this 15 acre site are expected to range from $46,275 to $80,730 based on intensity and type of facilities. 191 EXECUTIVE SUMMARY The location and size of this 15 acre Parks and Recreation Master Plan. In development and maintenance of this payer economies as well as provides a needs, a youth sports complex. In negotiate the possible acquisition of February 18, 1992 site meets the criteria established by the addition, the joint acquisition, planning, combined school and park site creates tax solution to one of the communities greatest October, 1991, Council directed staff to parkland adjacent to the new Fort Collins High School. If Council approves this resolution, the City will acquire this site prior to April 30, 1992. BACKGROUND: In August of 1991, Cultural, Library, and Recreational Services staff and Poudre R-1 School District staff met to discuss the possibility of a joint high school park site for the new Fort Collins High School that would provide athletic facilities to the school as well as to the community. Such a plan would fit the shared facilities philosophy creating economies for both agencies if the contract can be developed to be economically and operationally feasible. Staff originally approached Council with this concept on October 1, 1991. At that time, a larger park was discussed. Council suggested the scope of the park be reduced to the City's standard neighborhood size. This proposal reduces the park concept to 15 acres that can lend itself to a youth sports field in conjunction with the school property, yet creates neighborhood park amenities closer to the residential area. Contracts for joint acquisition, design, development, and possibly maintenance will need to be drafted. The target date to have the new school operational is 1995. Developing the park in this time frame, prior to residential construction, will be difficult. Discussions with Poudre R-I suggest it may be cheaper to develop the park during construction of the school with Poudre R-1 front -ending the cost. These concepts will need more discussion. Poudre R-I has secured an option agreement with the owners, Timberline Partners, Limited with a variety of purchase options. Acreage is identified for a neighborhood park with an extended closing date for the park site of April 30, 1992. The park site is part of this larger high school purchase and at the same purchase price as the school land. At the Parks and Recreation Board meeting on January 22, 1992, the School District Land Consultant Kirk Douglas, presented these ideas. The Parks and Recreation Board voted unanimously directing staff to .pursue acquisition. The Board also recommends that the Council adopt this resolution." 192 February 18, 1992 ' Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Resolution 92-35. Director of Cultural, Library and Recreational Services Mike Powers gave a presentation outlining the proposed 15 acre park site and spoke of the process and issues relating to the site. Councilmember Horak requested information regarding soccer fields and elementary schools and questioned the anticipated number of homes to be built in the area. Planning Director Tom Peterson stated normal capacity for the size of the area is normally 2,000 units but due to the flood plain and the river wall the expectation is approximately 1,600. City Manager Steve Burkett spoke of possible options regarding the placement of the neighborhood park and commented there is available financing for the park through the Parkland Fund. Powers stated that funds would not be taken from other projects and stated the funds will be used to purchase the property not to develop it. He noted the purchase would be between the City and the property owner not from the school , district. Councilmember Horak asked if purchasing the property would delay building previously proposed park sites. Powers noted the fund amount for developing new sites would be reduced. Mayor Kirkpatrick raised questions regarding the commitment of the daycare center as a part of .the proposal for the Pinecone PUD. School District Land Consultant, Kirk Douglas, commented that daycare is essential from the school's standpoint and stated an alternate location has been identified if the development plan is not approved. William Davy, 1016 E. Lake Street, agreed with the overall concept but expressed concerns regarding combining high school students with elementary age children. He opposed the location of the site due to the heavy traffic. Councilmember Fromme expressed concerns regarding an agreement made with the school district prohibiting leading development and suggested closer attention be given to the minor specifications of the building. She opposed the youth sports complex plan. Councilmember Azari spoke in support of the resolution stating she supported the ' park and the sports complex plan and questioned the possibility other ventures with the school district. 193 February 18, 1992 Powers stated the possibility of joint library use is included in the site plan. Councilmember Maxey expressed concerns, regarding the accessibility of parking at the park site, noting the site is practically surrounded with controlled property. Councilmember Horak spoke in support of working with the School District to assist in increasing youth sports fields, and stated if it were Council's intent to include a neighborhood park, he would not be supporting the resolution. Councilmember Winokur expressed concerns regarding the funding of the park. Councilmember Horak stated when the ordinance appropriating funds is presented to Council, he would like to see an "issue paper" containing context and options. He clarified it was not his intention to constrain the options to a neighborhood park concept. Councilmember Azari concurred with Councilmember Horak and stated a wider window should be left open not to be constricted to one position. ' Councilmember Azari made a motion, seconded by Councilmember Horak, to amend Resolution 92-35 deleting the word "neighborhood". City Attorney Steve Roy stated the amended language did not constitute any legal issues. The vote on Councilmember Azari's motion to amend Resolution 92-35 was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur spoke of his concerns regarding redirection of funds and expressed the importance of meeting with the School Board to discuss concerns and interests. Councilmember Edwards suggested that staff move forward with the negotiations and continue to study the options. He stated he did not endorse the use of Choices 95 Funding. Mayor Kirkpatrick concurred with Councilmember Edward-s'.statement regarding the funding. The vote on Councilmember Maxey's motion as amended was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. 194 February 18, 1992 THE MOTION CARRIED. Resolution 92-36 Supporting the Purchase by the United States Forest Service of Certain Property in Cherokee Park Owned by the Union Pacific Railroad Company, Adopted. The following is staff's memorandum on this item. °EXECUTIVE SUMMARY The Forest Service is attempting to acquire 18,761 acres of land owned by the Union Pacific Company in Cherokee Park for incorporation into the Roosevelt National Forest. Adoption of the Resolution will support the Forest Service budget request currently before Congress. The Council Legislative Sub -Committee at its regular meeting of January 31, 1992 recommended that the Council adopt a resolution supporting the acquisition of 18,761 acres of land in Cherokee Park by the Forest Service in northwestern Larimer County. The Forest Service has attempted for decades to acquire the Union Pacific property, which is interspersed in a checkerboard pattern, within the Roosevelt National Forest. The property contains critical wildlife habitat and wintering grounds for elk and mule deer, eight streams, and twenty-four miles of riparian habitat. It includes river frontage on the North Fork of the Cache La Poudre River. The acquisition would enable the Forest Service to provide comprehensive management for over 50,000 acres and open up access to already owned public lands. In addition, to watershed and habitat protection, the acquisition would provide additional recreation resources for Fort Collins residents. It would also protect sites of significant historic and archaeological value. It would compliment both the National Heritage Area proposal currently before Congress, as well as the Wild and Scenic River designation on the main stem of the Poudre River. The North Fork of the Poudre is also scheduled to be studied soon for possible Wild and Scenic River designation. The Trust for Public Land (TPL) has recently acquired an.option on the property from the railroad. The Forest Service is attempting to have $3.5 million appropriated from the Land and Water Conservation Fund (LWCF) by Congressional action as part of the 1993 federal budget. If the funds are appropriated, TPL will exercise the option and sell the property to the Forest Service. 195 I February 18, 1992 Competition for LWCF funds is intense. Local support is crucial to obtain the priority for funding. Attached "Exhibit A" contains additional background information." Councilmember Winokur stated he did not have a personal or financial interest regarding this item and did not perceive a conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt Resolution 92-36. Skip Underwood, U.S. Forest Supervisor, spoke in support of the resolution and spoke of additional funding sources. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak,.Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the Issuance of City of Fort Collins General Obligation Water Improvement and Refunding Bonds Adopted ' The following is staff's memorandum on this item. "FINANCIAL IMPACT n The issuance of the Series A bonds will provide the Water Utility with $4.5 million of bond proceeds. The first $3 million of bond proceeds were anticipated in the 1992 annual budget and have previously been appropriated. The additional bond proceeds will be appropriated as necessary. The size of the issue was increased due to the lower interest rates and additional savings in issuance costs when the new money is combined with the refunding issue. Both issues can be accomplished within the planned rate increases for water utility customers. The refunding bonds would lower the Water Funds debt service by approximately $50,000 per year over the remaining life of the bonds. The net present value savings are estimated to be 3% of the refunded bonds, thus reaching the guideline for refunding. Over the life of the issue the reduction in debt service will be $1,080,000, roughly $680,000 in current dollars. EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 30, 1992, Authorizing the Issuance of City of Fort Collins General Obligation Water Bonds, Series 1992A. 196 February 18, 1992 Hearing and First Reading of Ordinance No. 31, 1992, Authorizing the Issuance of City of Fort Collins General Obligation Water Refunding Bonds, Series 19928. In 1986, the City of Fort Collins issued General Obligation Water Refunding and Improvement Bonds in the amount of $33,030,000. The bonds have been used to construct improvements to the water treatment facilities and to acquire water rights. With interest rates dropping to their lowest rates in approximately 20 years, the City has an opportunity to refund the 1986 bonds with significant debt service savings. Savings are estimated to be over fl million on the remaining bonds, a present value savings of $680,000 or 3% of the refunded bonds. The new money issue will provide construction monies for improvements to the City's water treatment plant. The improvements include a backwash water solids separation facility, three mixed -media sand filters modification and additions to the chemical storage and feed systems, a maintenance facility, a new 60-inch outlet and connecting piping for one of the existing 15 million gallon treated water storage reservoirs and other miscellaneous improvements. BACKGROUND: The bonds are general obligation of the City, to V, Section 20.2 of the Charter which authorizes th an election, of general obligation water bonds. City's covenant to levy taxes and its pledge of th operation of the water system. The full faith and for the timely payment of principal and interest o carry the highest credit rating of any City debt, Standard & Poor's. Sources and Uses of Proceeds Combined Statement New Money and Refunding Bonds Sources of Funds Par Amount of Bonds $29,295,000 +Premium/ -Discount 0 Bond Proceeds TOTAL 197 e e be issued pursuant to Article issuance by the City, without The bonds are secured by the net revenues derived From the credit of the City are pledged n the bonds. The water bonds rated Aa by Moody's and AA by $29,295,000 $29,295,000 n February 18, 1992 Uses of Funds Estimated Cost of Escrow (to defease old bonds) $24,417,435 New Project Monies 4,500,000 Underwriters Discount @ 0.9% 263,655 Cost of Issuance 105,000 Contingency 8,910 TOTAL $29,295,000 The Project Uses for the New money are as follow: Chemical Stabilization Modifications $ 450,000 New Filters 950,000 Solid Separation Improvements 250,000 Maintenance Shop 750,000 Electrical and Instrumentation 600,000 Yard work and Piping 750,000 Reservoir Outlet Improvements 250,000 Project Contingency 300,000 Engineering Services 250,000 TOTAL $ 4,550,000 The refunding bonds are subject to fluctuations in the market. They will be sold when the market reaches the proper level of savings. There may be a delay between first and second reading to allow for market conditions. Final interest rates will be inserted into the Ordinances prior to second reading." Finance Director Alan Krcmarik gave a presentation on this item and reported on the savings that would be incurred. Councilmember Fromme stated the amount of money was substantially higher than was originally budgeted. Water and Sewer Director Mike Smith stated that with interest rates being at an all time low it would be cost effective to borrow money for planned future projects. He stated that borrowing the money at a lower interest rate could result in fewer rate increases to the customer. Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 30, 1992 First Reading. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 198 February 18, 1992 , Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 31, 1992 on First Reading. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Winokur made a motion, seconded by Councilmember Fromme, to hold a joint worksession between Council and Poudre R-1 School Board, and for the two liaisons to the School District, together with the Leadership Team, schedule the worksession as soon as possible to discuss the broader issues regarding the joint planning of the School site to communicate well with each other and members of the effected community. Until the meeting is conducted none of the PUD's should be brought before the Planning and Zoning Board for action. Councilmember Winokur stated the intent of his motion was to expedite discussion. Councilmember Horak questioned the legality of Council delaying a PUD. ' City Attorney Steve Roy clarified that if all requirements have been met you must proceed. Councilmember Winokur offered an amendment to his original motion, requesting that the liaisons do everything possible to schedule a joint worksession before the planned time line for the PUD submittal. Councilmember Fromme accepted it as a friendly amendment to the original motion. Councilmember Edwards stated he needed to know what issues and concerns needed to be addressed in order to make it.a productive worksession. Councilmember Winokur stated the School Board may have made inaccurate assumptions regarding the City PUD review process and stated the process is becoming so big he believed there was a need to discuss all issues involve. Mayor Kirkpatrick agreed with the intent of the motion but stated she entrusted the liaisons to communicate Council's concerns and issues. Councilmember Edwards did not support the motion stating it was presumptuous for Council to request a joint worksession with the School Board regarding the School Board's business. He stated that there were other opportunities to voice concerns and questions. Councilmember Fromme spoke in support of the motion. , 199 February 18, 1992 Councilmember Horak supported the motion stating if Councilmembers spoke directly to the School Board they would get a better understanding of what is happening. Councilmember Azari spoke in support of the motion and expressed concerns that the School Board might not want to meet with the liaisons due to heavy upcoming agendas. Councilmember Winokur stated a joint worksession was an opportunity to jointly plan the proposed undertaking. The vote on Councilmember Winokur's motion as amended was as follows: Yeas: Councilmembers Azari, Fromme, Horak and Winokur. Nays: Councilmembers Edwards, Kirkpatrick and Maxey. THE MOTION CARRIED. Councilmember Fromme made a motion, seconded by Councilmember Horak, to accept Mayor Pro Tem Azari's offer to chair the Council Retreat. Councilmember Fromme stated selecting Mayor Pro Tem Azari to facilitate the retreat would result in a large savings for the City. ' Councilmember Maxey stated in the past, retreats chaired by Councilmembers were not very productive or rewarding and that participation of all Councilmembers is more desirable. Azari clarified she did not intended to facilitate the retreat but to chair the discussions. Councilmember Fromme offered an amendment to her original motion, changing the word "facilitate" to "chair". Councilmember Horak accepted the amendment as a friendly amendment to the original motion. The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 200 .A AdJournment The meeting adjourned at 9:40 p.m. ATTEST: Mayor: ProTenl City Clerk 201 February 18, 1992 '