HomeMy WebLinkAboutMINUTES-04/20/1993-Regular' April 20, 1993
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
April 20, 1993, 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: Apt, Azari,
Horak, Janett, Kneeland, McCluskey, and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-48 Expressing Gratitude and Appreciation to Dave Edwards for his
Contributions to the Community as Councilmember.
Mayor Azari read the resolution into the record.
Former Councilmember Edwards wished the newly seated Councilmembers good luck in
their endeavors.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember McCluskey made a motion, seconded by Councilmember Janett, to adopt
Resolution 93,49 Expressing Gratitude and Appreciation to Loren Maxey for his
Contributions to the Community as Councilmember.
Mayor Azari read the resolution into the record.
Former Councilmember Maxey spoke of his time on Council and thanked Council for
the recognition.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember Apt, .to adopt
Resolution 93-50 Expressing Gratitude and Appreciation to Susan Kirkpatrick for
her Contributions to the Community as Councilmember and Mayor.
Mayor Azari read the resolution into the record.
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April 20, 1993
Former Mayor Kirkpatrick congratulated the newly elected Councilmembers and
wished them good luck. She spoke of the importance of serving the community as
a whole as well as their respective Districts.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
City Manager Steve Burkett presented former Mayor Kirkpatrick a plaque for her
service on the CML Executive Board.
City Manager Steve Burkett spoke of the previous Council's accomplishments and
thanked Council and staff for their efforts. He presented certificates of
accomplishments to former Councilmembers Edwards, Maxey and Kirkpatrick and to
Councilmembers Azari, Horak and Winokur.
Art Parker and Ken Stauffer representing the Greeley Independence Stampede
presented a proclamation to Council. Mr. Parker read the proclamation into the
record and presented Stampede tickets to the Council.
Phil Freidman and Will Smith, representing the Natural Resources Advisory Board, '
presented plaques to the winners of the annual Environmental Action Awards.
Citizen Participation Follow-up
Councilmember Janett thanked the Natural Resources Advisory Board for its time
and efforts in advising Council on the various aspects of the environment.
Mayor Azari thanked the Natural Resources Advisory Board and staff for their hard
work.
Agenda Review
City Manager Steve Burkett requested that Item #14, Items Related to FAUS and STP
Funding, be pulled from the Consent Calendar.
Bruce Lockhart, 2500 E. Harmony Road, requested that Item #8, Second Reading of
Ordinance No. 26, 1993, Authorizing the Issuance of City of Fort Collins Sales
and Use Tax Revenue Refunding Bonds in the Aggregate Principal Amount of
$21,660,000, be pulled 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 '
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April 20, 1993
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #21, Pulled
Consent Items.
7.
up
Ordinance No. 26, 1993 was unanimously adopted on First Reading on March
16, 1993.
In August of 1986, the City issued $30,060,000 of Sales and Use Tax
Revenue Bonds. These bonds refunded prior City issues, including the
August 1981,.October and December 1982, and November 1984 Sales and Use
Tax Bond issues, the SouthRidge Bond Anticipation notes, and the Block 31
Intergovernmental Agreement. The net effective interest rate on the 1986
Bonds was 7.36%.
After first reading, the municipal
bond market rates rose to approximately
5.75% in the 2009 maturity. As the
rates on the bonds
rose, the savings
'
to City declined to less than 2%
net present value.
Therefore, staff
recommends that completion of the
refunding wait until
the higher saving
level is achievable.
Q
and Eauioment.
Ordinance No. 27, 1993 was unanimously adopted on First Reading on March
16, 1993.
Lease -purchase financing is used by the City for the provision of new and
replacement equipment, vehicles and rolling stock. Departments project
their needs and money is budgeted each year to fund the annual lease
purchase payments. This is the first lease -purchase contract the City has
negotiated since the passage of Amendment 1.
The City has had difficulty finding a vendor willing to enter into a
lease -purchase agreement due to perceived uncertainty about the effect of
Amendment 1 on these transactions. Municipal Services Group Inc., has
agreed to enter into a lease -purchase at a net effective interest rate of
6.29%.
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April 20, 1993
Stormwater basin fees for new development are based on land usage (runoff
coefficient), basin base rate, and the on -site reduction factor. The on -
site reduction factor is included in the formula to recognize that the
provision of detention storage provided by a development may reduce the
runoff impacts on downstream properties so the fees could be less. The
current City Code is ambiguous or vague on the definition and location of
that on -site detention. This Ordinance, which was unanimously adopted on
First Reading on March 16, will change the Code to provide for the
definition of on -site detention and for a more even application of credit
to all development being served by a detention facility.
Fort Collins Police Services has applied for and been awarded an
"Emergency Management Assistance" (EMA) grant for federal fiscal year
1993. These funds are allocated by the Federal Emergency Management
Agency to support emergency management program activities at the local '
level. Local jurisdictions must first meet specific program requirements
and must have an established disaster agency and plan.
The City has received notification of a grant award in the amount of
$14,000 for federal fiscal year 1993, which covers the time period of
October 1, 1992 to September 30, 1993. This grant requires a.50/50 match
in funds, this Ordinance which was unanimously adopted on First Reading on
March 16, appropriates the matching funds. These matching funds are
currently included in Police Services' 1993 budget, primarily under the
Emergency Management Coordinator position.
This Ordinance was adopted by a 5-0 vote on First Reading on March 16 and
should result in a positive financial impact to the City. The total debt
on the nine lots is $17,137 and the purchase offer is $22,500. The price
offered is reasonable and would allow the City to reimburse itself for the
weed/rubbish assessments as well as expenses for acquiring and maintaining
the property.
Staff recommends that these parcels be sold to R. J. Develco because that
company is the developer of the Evergreen Park Subdivision and needs to
purchase this land to complete the development. '
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April 20, 1993
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13. Hearinq and First Reading of Ordinance No. 33, 1993 Designating 103 N.
of the City of Fort Collins.
The owner of the property, Mr. and Mrs. Richard Lea, are initiating this
request for Local Landmark Designation for 103 N. Sherwood Street (the
Baker/Harris House). A public hearing was held by the Commission on April
7, 1993, at which time the Commission voted to recommend designation of
this property.
The Landmark Preservation Commissi,on and City Staff are pleased to
recommend the residential structure located at 103 N. Sherwood Street as
a local landmark for its,historical and architectural importance.
14. Items Related to FAUS and STP Funding.
A.' Resolution 93-51 Authorizing the Mayor to Execute Four
Intergovernmental Agreements between the State Department of
Transportation Allocating $622,675 of the City of Fort Collins
Federal -Aid Urban Systems (FAUS) Funds and Surface Transportation
(STP) Funds to Build Four Traffic Signals and Three Bicycle
Projects.
B. Hearing and First Reading of Ordinance No. 34, 1993 Appropriating
Unanticipated Revenue in the Transportation Division of the
Transportation Fund.
The City of Fort Collins has received preliminary acceptance from the
Colorado Department of Transportation to use Federal Aid Urban System
funds and Surface Transportation funds on four projects.
15. Items Pertaining to the Manion Annexation and Zoning.
A. Resolution 93-52 Setting Forth Findings of Fact and Determinations
Regarding the Manion Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 35, 1993, Annexing
31.7942 Acres, Known as the Manion Annexation.
C. Hearing and First Reading of Ordinance No. 36, 1993, Zoning 31.7942
Acres, Known as the Manion Annexation, into the RLP, Low Density
Planned Residential Zoning District, with two Conditions Attached.
1) All development requests be processed as a Planned Unit
Development (P.U.D.). The P.U.D. zoning condition requires that all
development proposals be reviewed against the goals and objectives
of the City's Comprehensive Plan and the criteria of the Land
Development Guidance System.
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April 20, 1993
2) The property known as the Manion Annexation be placed in the
Residential Neighborhood Sign District and be subject to all
limitations and requirements of the district as defined in Sections
29-593 and 29-593.1 of the City Code.
This is a request to annex and zone 31.7942 acres located south of West
Drake Road approximately 2,150 feet west .of South Taft Hill Road. The
requested zoning is the RLP, Low Density Planned Residential District
(with a P.U.D. condition) and the Planning and Zoning Board is
recommending that this property be placed in the Residential Neighborhood
Sign District. The property is undeveloped and the primary use of the
land is agricultural. The property is currently zoned FA-1, Farming in
the County. This is a voluntary annexation.
APPLICANT: Linda Ripley
Ripley Associates
117 East Mountain Avenue
Fort Collins, CO. 80524
OWNER: Enrique M. and Marny D. Barrau
Unit 2503
San Jose, Costa Rica
APO AA 34020 '
c/o Kenneth C. Wolfe, Attorney in Fact
420 South Howes Street
Fort Collins, CO. 80521
Staff proposes .that the City acceptance of deeds of dedication for streets
and easements related to planning items be delegated to the Planning and
Zoning Board. At the present time when a development project is approved
by the Planning and Zoning Board, the Board approves and accepts the
dedication of streets and easements shown on the plat for that
development. However, the Board is not authorized to approve and accept
dedications of streets and easements by deeds. Often street and easement
dedications by deed are necessary when no plat is required for the
development and when dedications are located off -site, outside the
boundary of the development plat.
Authorizing the Planning and Zoning Board to approve and accept
dedications by deed will help to streamline the development approval
process by having as many official documents as possible approved by one
reviewing body at the same time and, thereby, allow all documents to be
filed with the Larimer County Clerk and Recorder at the same time. '
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April 20, 1993
Presently, dedications made by deed must wait two, and sometimes four,
weeks after Planning and Zoning Board approval for acceptance by City
Council under Routine Deeds and Easements. This can cause delays for
projects being started and it adds one more process that staff is required
to initiate.
17. Hearing and First Reading of Ordinance No. 38, 1993, Vacating the Streets
and Easements as Dedicated on the Park South P.U.D.
The Park South P.U.D. was originally platted as a County subdivision
approved by the Larimer County Planning Commission and by the Larimer
County Board of Commissioners in 1978. The Park South P.U.D. was
subsequently annexed into the City and has since been replatted in part as
the "Park South 2nd Filing PUD," the "Park South P.U.D. First Replat", and
the "Park South P.U.D. Second Replat", receiving final approval by the
Planning and Zoning Board on November 21, 1983, March 27, 1992 and July
27, 1992, respectively.
The streets and easements that were dedicated on the plat of the original
Park South P.U.D. have never been vacated, even though the streets and
easements dedicated with the 2nd Filing, and the first and second replats
were intended to supersede those dedicated when the property was
originally subdivided in the County. The developer has requested that the
streets and easements as dedicated on the original plat of the Park South
P.U.D. be vacated, except for Manhattan Avenue, Horsetooth Road, and any
streets or easements that overlap with those dedicated on the replats.
These exceptions and reservations allow the unnecessary portions of the
old streets and easements to be vacated while still retaining those
streets and easements that are necessary to accommodate existing
facilities and/or those that were dedicated with the replats to serve the
new development.
All public and private utilities have been notified of the proposed
vacation and they report no objections.
On March 22, 1993, the Planning and Zoning Board approved the ShopKo
P.U.D., Preliminary. The ShopKo site is located on the east side of South
College Avenue between Boardwalk Drive and Bockman Drive as shown on the
attached location map and site plan. Included in this area is the portion
of the old Muddy Road right-of-way proposed for vacation with this
Ordinance. Staff and the Planning and Zoning Board members are asking the
Council to endorse the right-of-way vacation prior to the final Planning
and Zoning Board hearing on April 26.
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19.
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April 20, 1993
93-53 Authorizing the Mayor to Enter into n Int r overnment 1 '
Resolutiona v a e a
Agreement with Colorado State University for the Proportionate Payment of
Commuter System Maintenance Costs.
Work on this intergovernmental agreement began in late 1990. Now, this
agreement formalizes the understanding that Police Services and the
Colorado State University Police Department (CSUPD) have been working
under during the intervening time period.
CSUPD is fully integrated into the CAD/RMS system utilized by Police
Services. The fifteen percent system maintenance contribution by CSU is
based upon call volume. Maintenance costs are shared on core system
components which benefit both users directly. The two agencies, CSUPD and
Police Services, are individually responsible for hardware and software
maintenance costs for equipment dedicated exclusively for their own
utilization and benefit.
There is no charge included for CSU's use of the system beyond maintenance
costs. This is in keeping with a former IGA with the University, dating
back to 1982, for a prior generation shared computer records system. The
value received by Police Services is the sharing of records information.
In addition to maintenance cost allocation, the agreement, which has an
indefinite term, addresses the use and operation of the system, .backup
dispatch facilities, functional support and indemnification.
Routine Deeds and Easements.
a. Powerline easement from Vanworks, Inc., a Colorado Corporation, 900
E. Lincoln, needed to install an electric transformer. Monetary
consideration: $10.
b. Powerline easement from Everitt Enterprises, Inc., 130 W..Olive, to
upgrade electric service at customer's request. Monetary
consideration: $0.
C. Powerline easement from NOS, A Colorado Limited Liability Company,
130 W. Olive, to upgrade electric service at customer's request.
Monetary consideration: $0.
d. Deed of Easements from Michael L. Hobbs for drainage purposes (a ten
foot wide permanent easement, and a temporary easement) over
portions of land in Block 22 Riverside Park, Fort Collins Colorado.
Monetary Consideration: $0.
e. Deed of Easement from James P. Petersen for temporary drainage over
a portion of Fountainhead PUD Phase 3, Fort Collins, Colorado.
Monetary Consideration: $0.
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April 20, 1993
f. Deed of Easement from the Church of Jesus Christ of Latter -Day
Saints for utility purposes over a portion of land adjacent to
Regency Drive and Harmony Road. Monetary Consideration: $0.
g. Deed of Easement from CDL Partnership for utility purposes over a
portion of land adjacent to Horsetooth Road. Monetary
Consideration: $0.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
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10.
Emergency Management Program.
12.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
13.
14
Items Related to FAUS and STP Funding.
A. Hearing and First Reading of Ordinance No. 34, 1993 Appropriating
Unanticipated Revenue in the Transportation Division of the
Transportation Fund.
15. Items Pertaining to the Manion Annexation and Zoning.
A. Hearing and First Reading of Ordinance No. 35, 1993, Annexing
31.7942 Acres, Known as the Manion Annexation.
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24.
27.
28.
30.
April 20, 1993
Hearing and First Reading of Ordinance No. 36, 1993, Zoning 31.7942
Acres, Known as the Manion Annexation, into the RLP, Low Density
Planned Residential Zoning District, with two Conditions Attached.
Hearing and First Reading of Ordinance No 38 1993 Vacating the Streets
and Easements as Dedicated on the Park South P.U.D.
Items Authorizing the Sale of Several Special Improvement District
Properties.
A. Hearing and First Reading of Ordinance No. 30, 1993, of the Council
of the City of Fort Collins Authorizing the Sale of Real Property
Described as a Portion of Tract D of Fairbrooke PUD (Single -Family
Homes Development).
B. Hearing and First Reading of Ordinance No. 40, 1993, of the Council
of the City of Fort Collins Authorizing the Sale of Real Property
Described as a Portion of Tract D of Fairbrooke PUD (Brown Farmhouse
Single -Family Residence).
C. Hearing and First Reading of Ordinance No. 31, 1993, of the Council
of the City of Fort Collins Authorizing the Sale of Real Property
Described as Commercial Tract of Brittany Knolls PUD.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt and
approve all items not removed from the Consent Calendar.
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April 20, 1993
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Second Reading of Ordinance No. 26, 1993,
Authorizing the Issuance of City of
Fort Collins Sales and Use Tax Revenue
Refunding Bonds in the Aggregate Principal
Amount of 121,660,000, Postponed to May 4.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
Ordinance No. 26, 1993 was unanimously adopted on First Reading on March 16,
1993.
In August of 1986, the City issued $30,060,000 of Sales and Use Tax Revenue
Bonds. These bonds refunded prior City issues, including the August 1981,
October and December 1982, and November 1984 Sales and Use Tax Bond issues, the
5outhRidge Bond Anticipation notes, and the Block 31 Intergovernmental Agreement.
The net effective interest rate on the 1986 Bonds was 7.36%.
After first reading, the municipal bond market rates rose to approximately 5.75%
in the 2009 maturity. As the rates on the bonds rose, the savings to City
declined to less than 2% net present value. Therefore, staff recommends that
completion of the refunding wait until the higher saving level is achievable."
Councilmember Winokur made a motion, seconded by Councilmember Horak, to postpone
consideration of Second Reading of Ordinance No. 26, 1993 until May 4.
Bruce Lockhart, 2500 E. Harmony Road, suggested reducing the amount of revenue
being pledged for the repayment of the bonds.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
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April 20, 1993
1
Items Related to
FAUS and STP Funding, Adopted.
The following is staff's memorandum on this item.
'FINANCIAL IMPACT
This action appropriates $516,000 in unanticipated revenue (FAUS and STP funds)
for bicycle projects and to build traffic signals. The city's matching share is
estimated to be $10,000 and is appropriated in the 1993 Transportation Division
Budget.
EXECUTIVE SUMMARY
A. Resolution 93-51 Authorizing the Mayor to Execute Three Intergovernmental
Agreements between the State Department of Transportation Allocating
$516,000 of the City of Fort Collins Federal -Aid Urban Systems (FAUS)
Funds and Surface Transportation (STP) Funds to Build Four Traffic Signals
and Two Bicycle Projects.
B. Hearing and First Reading of Ordinance No. 34, 1993 Appropriating
Unanticipated Revenue in the Transportation Division of the Transportation
Fund.
The City of Fort Collins has received preliminary acceptance from the Colorado
Department of Transportation to use Federal Aid Urban System funds and Surface
Transportation funds on three projects. The projects have been established as
follows:
1. Signal Locations in Fort Collins:
Although the City currently has a Federal -aid signal project underway,
guidelines of the Federal Highway Administration dictate that the City
establish a new project for the construction of the signals listed below.
This project consists of the installation of traffic signals at the
following locations:
a. Taft Hill Road and Prospect*
b. Shields Street and Prospect*
C. Howes Street and Magnolia
d. County Road 9 and Harmony Road
* These two traffic signals are part of the Choices 95 Project on Prospect.
Cost: Federal $206,000
Local 4,000
Total 5210,000 '
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April 20, 1993
2. Various Bicycle Connections:
Redwood/Linden Bikeway Connection: This construction will build the
bikeway portion of the roadway along Redwood Street, prior to the
roadway being constructed, from Conifer to Linden and Vine Streets
to provide a bicycle/pedestrian connection from northeast Fort
Collins to the downtown area. This project has been endorsed by the
Transportation Board and approved by the City Council through the
NEATS Study.
b. Hickory Street to the Poudre River Trail Connection: This
construction will build a bikepath from Hickory Street to the Poudre
River Trail which will create an alternative connection from
northwest Fort Collins to the downtown area. This project has been
endorsed by the Transportation Board and approved by the City
Council during the 1993 budget process.
Cost Federal $250,000
Local 5,000
Total 3255,000
Vermont Bicycle Underpass, Project ID:
This project will provide preliminary and final engineering to design a
bicycle/pedestrian underpass of the Union Pacific railroad tracks creating
an alternative transportation connection between Centennial Road and
Vermont Drive. This alternative will provide improved access to the new
Fort Collins High School and to businesses and residents in the south east
portion of Fort Collins. Construction is currently programmed for 1995.
This project has been approved through the MPO Transportation Improvement
Program. The City needs to complete the engineering of the project fairly
soon to ensure that the Vermont underpass is constructed by the fall of
1995. This project has been reviewed and is supported by the
Transportation Board.
Cost Federal $50,000
Local 1,000
Total f51,000"
Transportation Planner II Eric Bracke outlined the revisions.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-51.
Councilmember Apt stating this was a good step in the right direction and
recognized staff for its efforts.
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April 20, 1993 '
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
it
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt
Ordinance No. 34, 1993 on First Reading.
The vote on Councilmember Ho-rak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Horak spoke of an Ad -Hoc Planning Commission meeting with the City
of Loveland, City of Fort Collins and Larimer County regarding joint cooperative
planning.
Items Authorizing the Sale of Several
Special Improvement District Properties.
The following is staff's memorandum on this item. '
'EXECUTIVE SUMMARY
The properties were acquired by the City in satisfaction of the City's lien for
special assessments levied against each property. In securing the deeds, the
City also paid for appraisals, titlework, environmental audits, general taxes,
property maintenance, and County fees. Section 22-97(f) of the Code authorizes
the City to deduct those expenses from the proceeds of sale and credit the
remainder to the special assessment fund to pay principal and interest. A
breakdown of the application of the proceeds for each sale is included in the
body of this agenda item summary.
A. Hearing and First Reading of Ordinance No. 30, 1993, of the Council of the
City of Fort Collins Authorizing the Sale of Real Property (Single -Family
Homes Development) Described as a Portion of Tract D of Fairbrooke PUD.
B. Hearing and First Reading of Ordinance No. 40, 1993, of the Council of the
City of Fort Collins Authorizing the Sale of Real Property (Brown
Farmhouse Single -Family Residence) Described as a Portion of Tract D of
Fairbrooke PUD.
C. Hearing and First Reading of Ordinance No. 31, 1993, of the Council of the
City of Fort Collins Authorizing the Sale of Real Property Described as
Commercial Tract of Brittany Knolls PUD. '
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Under Chapter 22 of the Code, the City is authorized to sell property at the
annual tax sale conducted by the Larimer County Treasurer if special. assessments
levied against the property have not been paid. The properties were sold at the
1988 and 1990 tax sale and tax certificates of purchase were issued to the City
as there were no interested private investors. The owner of one property
conveyed title to the City through a deed in lieu of foreclosure. The other
parcels were deeded through the County Treasurer. Last May, the City Council
adopted Resolution 92-91 establishing policies for the sale of such property.
Per those policies, staff exercised the bid option and mailed the same to all
local realtors and also advertised the property for sale in the Coloradoan.
Council is required to approve the sales transactions by ordinance if determined
to be in the best interests of the City.
On March 20, 1993, the Council considered the adoption of Ordinance No. 30, 1993
and Ordinance No. 31, 1993. These items were tabled to allow staff time to
address ,concerns raised by surrounding property owners and to notify area
residents of the impending property sales. This has been accomplished and is
addressed in a separate memo which is included as part of this agenda item.
In the interim, an acceptable bid was offered for the residential development
portion of Tract D of Fairbrooke PUD which is presented as a separate ordinance.
Notification to property owners included this sale as well.
' Fairbrooke Tracts D
Fairbrooke SID #79 was created in 1983 to provide infrastructure improvement for
a 100 acre single-family residential development. Sale of homes did not occur as
anticipated and the developer was not able to make timely payment of the
assessments on Tracts A, D, G & H. Tax certificates were issued on those parcels
and the City obtained deeds in 1992.
The following is an itemization of the assessment lien and City costs on Tract
D:
Assessment Lien:
Tract D
Principal $138,628
Interest (to 411193) 55,568
Total $194,196
Costs:
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April 20, 1993
County Treas. Fees $ 9
General Taxes 13,168
Title Policy and
other 1,009
Total $ 14,186
Total All Costs: $208,382
In order to evaluate the bid offers, it is important to know what the sales price
will provide the City in terms of debt payment. The following chart illustrates
the per acre sales price needed to pay all costs or principal and interest only
versus the appraised per acre value of the land.
Price per Acre
To recover all costs: f 23,154
To recover P & I: 21,577
Per appraisal: 18,361
Each parcel has a carrying cost based on the principal owed and the amount paid
annually on that debt. That cost is 8.9% of the principal each year. Thus, if
the property is not sold now, the market value must increase by at least 99 per '
year or .75% each month in order for the City to be in a better position by
holding the land. (This does not include any investment earnings on the 8.9%.)
Sale of Tract D
Staff recommends that Tract D be subdivided into three units and sold as follows:
Unit 1 Poudre R-1 School District: 1.97 acres for playground addition of two
soccer fields for a price that is being negotiated.
Unit 2 Bradley D. Pace: 1.839 acres including the historic Brown Farm house and
two outbuildings for $20,025/acre. Mr. Pace will preserve and restore the house
as a historic personal residence on its original site. Mr. Pace will pursue
local landmark' designation for the house and will work with the Landmark
Preservation Commission to best preserve the historic appearance of the
property. In addition, a deed restriction will be placed upon the property
prohibiting farm animals and livestock from being kept on the property.
Unit 3 Linder Real Estate and Development Co.: 5.174 acres for single-family
residential development for $18,361/ac.
The ordinance for the sale of this portion of Tract D requires that a permanent
easement be reserved to the City that would provide access for pedestrians and
bicycles from the residential portion of Tract D to the Poudre School District ,
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April 20, 1993
R-1 property. This was suggested by several residents as a safe and convenient
way for children from the west side of the development to reach the school. This
would replace an informal pathway that was carved over the years through the
vacant property into the school yard.
Commercial Tract at Brittany Knolls
This 11.5 acre tract is assessed in two districts:
Pro vincetowne/Portner #81 and South Lemay #86. These districts provided
infrastructure improvements to the Brittany Knolls PUD. Most of Brittany Knolls
is single-family residential development. Sale of homes did not occur as
anticipated and the developer was not able to make timely payment of a mortgage
and the lienholder repossessed the land through foreclosure. That lienholder did
not have the resources to pay the assessments on the commercial tract and deeded
the property to the City in 1992.
The following is an itemization of the assessment lien and City costs on the
parcel:
Assessment Lien:
' Principal $218,427
Interest to 411193 81,832
Total $300,259
Costs:
County Treas. Fees $ 56
General Taxes 3,346
Title Policy and
other 2,837
Total $ 6,239
Total All Costs: $306,498
In order to evaluate the bid offers, it is important to know what the sales price
will provide the City it terms of debt payment. The following chart illustrates
the.per acre sales price needed to pay all costs or principal and interest only
versus the appraised per acre value of the land.
Price per Acre
To recover .all costs: $ 26,652
To recover P & I: 26,109
Per appraisal: 15,217
61
April 20, 1993
Each parcel has a carrying cost based on the principal owed and the amount paid
annually on that debt. That cost is 8.9% of the principal each year. Thus, if
the property is not sold now, the market value must increase by at least 9% per
year or .75% each month in order for the City to be in a better position by
holding the land. (This does not include any investment earnings on the 8.9%.)
Sale of 11.5 acre Commercial Tract at Brittany Knolls
Staff recommends that this parcel be sold to Christian Church (Disciples of
Christ) Central Rocky Mountain Region for a net price of $172,425 or f14,993/acre
(f181,500 or f15,783/ac gross). If this sale is completed, the City would
receive enough to pay 57% of principal and interest or 56% of the total debt and
costs outstanding on the property."
Financial Policy Analyst Susanne Edminster gave a brief description of the item
and summarized the outcome of a recent meeting with Poudre R-1.
Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 30, 1993 on First Reading.
Edminster spoke of past assessment payments and clarified for Council that the
School District is paying the top price for the property.
Councilmember McCluskey spoke of the holding versus selling concept.
'
City Manager Steve Burkett clarified the value of the property has declined over
the last several years.
Councilmember Horak spoke of recent market trends and questioned if it was the
right time to sell.
Councilmember Janett asked if sewer and water were in place for the single-family
development parcel.
Edminster clarified that Ordinance No. 30, 1993 was only for the sale of the
property not the development of the land.
Councilmember Winokur questioned if SID funding was at a lower tax exempt cost
for public improvements.
Hal Russell, 2527 Coventry Court, ,stated he hoped development would not be
delayed and thanked Susanne Edminster for her assistance in answering the
neighborhoods questions. He reported the neighborhood supported Mr. Pace's
proposal.
Councilmember Horak stated he would support the motion, noting he was not
convinced it was the right time to sell the property. He commended Susanne
Edminster for her efforts.
'
517
April 20, 1993
1
Councilmember Winokur spoke of the importance of retiring debt and stated he was
not pleased that the City would lose money on the sale of the property.
Councilmember Kneeland stated she supported the ordinance and was pleased in the
manner in which the concerns were answered.
Mayor Azari recognized Susanne Edminster for her efforts.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt Ordinance No. 40, 1993 on First Reading.
Councilmember Kneeland spoke in support of the motion.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
' THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 31, 1993 on First Reading.
Susanne Edminster reported on comparable property prices in the area and spoke
of the price of a raw lot as opposed to a developed lot in Brittany Knolls.
Councilmember Apt asked if it is possible to recover loses from the original
owners.
City Attorney Steve Roy stated assessments do not constitute personal obligations
to the property owners, noting sole recourse is against the property.
Councilmember Winokur thanked Susanne Edminster stating she did an outstanding
job.
Councilmember Janett spoke of the money that the City would lose on the property
and suggested the City consider alternative uses for those properties.
Councilmember Horak noted that the City has investigated alternative land -use.
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
I
THE MOTION CARRIED.
518
April 20, 1993
Resolution 93-34,
Directing Staff to Develop a
Comprehensive Work Plan Which
Will Encourage and Support the
Collaborative Use of Library, Media and
Information Services Throughout the City. No Action Taken.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
This resolution, presented to Council on March 16, 1993, was postponed for
consideration by the newly constituted Council on April 20.
Earlier this year, following an in-depth discussion of combined city -school
library space in the new Fort Collins Nigh School, and the signing of an
intergovernmental agreement between the City of Fort Collins and Poudre R-1
School District, Council began to look at ways to move toward a regeneration of
efforts to broaden citizen access to information in both traditional and
innovative ways.
Beginning in 1988, the Library Board analyzed different possible levels of
Library service and recommended a strategy for the future. Following Council's '
acceptance of this strategy in 1990, the Library staff, in cooperation with the
Library Board, developed a five-year plan to implement the strategy.
Building on the Library development plan, the Council wished to consider the
development of a comprehensive work plan for information needs of the community.
This plan would include the following:
A. Continuing implementation of the five-year library plan, which includes
the southside, storefront branch library as the highest priority. ,
Utilizing existing technologies across agencies to expedite information
services to the community.
Maintaining flexibility to accommodate new technologies that might arise
in the future.
D. Working with Poudre R-1 to explore community learning center concepts for
joint use within existing and planned school and City buildings.
E. , Working with other agencies in the Fort Collins community that provide
information services to assess the feasibility of maximizing the provision
of these services by both the City and these agencies as well as the
potential for joint use.
61V
April 20, 1993
The intent of this resolution is not to replace the existing library plan. The
priority for the Council would remain the implementation of this plan. The
components of this new plan would enhance the existing library plan and take us
beyond the five year limit. It also would allow for a broad assessment of
information needs within the community, as well as developing the ability to take
advantage of short windows of opportunity for information service delivery.
Staff does not recommend adoption of this resolution at this time. The Library
Board and staff suggest that if Council wishes to further discuss these concepts,
a worksession could be scheduled involving all the potential players thus
providing a broad range of vision and viewpoints."
Director of Cultural, Library, and Recreational Services Mike Powers requested
Council take no action on the item and spoke of possible branch locations.
Anne Ostrye-McDonald, Library Board Chairperson, urged Council to take no action
on the item.
Al Stone, Library Boardmember, concurred with Ms. Ostrye-McDonald.
Jerry Roselle, Library Boardmember, opposed the resolution and spoke of space
needs, stating the need for expansion needs to be addressed promptly. He
supported approving a store front branch library.
Eric Reno, Vice -President of Front Range Community College, spoke of the
possibility of a joint -use library on the Front Range campus.
Councilmember Horak asked if the existing facility could be redesigned to provide
additional service.
Powers reported on redesign possibilities and stated he would provide a definite
answer soon.
Councilmember McCluskey supported equal access to library services stating he
would support either the store front approach or the Community College concept.
Powers responded to Council questions and reported on the different methods which
may be used in equipping a store front or branch library.
Councilmember Winokur thanked the Library Board for its work and suggested that
the Leadership Team work with the City Manager and staff to schedule a
worksession regarding this issue.
11F.Ti8(111MUNC
520
April 20, 1993
Items Relating to the Purchase
of Land for Natural Areas, Adopted.
The following is staff's memorandum on this item.
'FINANCIAL IMPACT
Acquisition of the property will cost $675,000. Sufficient funds are
appropriated in the Conservation Trust Fund for this purpose. Future maintenance
of the property is estimated to cost $20,844 annually, based on an estimate of
$36 per acre. Ongoing maintenance will be funded from the proceeds of the 114
cent Natural Areas Tax.
EXECUTIVE SUMMARY
Resolution 93-54 Authorizing the Purchase of 579 Acres of Land for Natural
Area Purposes.
B. Resolution 93-55 Authorizing Naming a City -owned Natural Area in Honor of
Cathy Fromme.
Resolution 93-54 authorizes the purchase of 579 acres of land in southwest Fort
Collins for use by the City as a public natural area. The acquisition furthers I
the adopted goals and objectives of the Natural Areas Policy Plan and the Parks
and Recreation Master Plan.
Resolution 93-55 authorizes naming the area the "Cathy Fromme Natural Area."
Resolution 92-177 directed the City Manager to recommend a suitable publicly -
owned natural area to be named in honor of former Councilmember Fromme.
BACKGROUND:
Purchase Agreement. Staff has negotiated a purchase and sale agreement with the
Harmony Road Corporation, a subsidiary of the Resolution Trust Corporation, to
acquire 579 acres of land in southwest Fort Collins, as a public natural area.
The agreement is contingent on City Council approval. The terms of the agreement
are a cash sale for $675,000, with no additional contingencies. If approved by
City Council, closing would occur by May 28, 1993.
Location. The property is located in southwest Fort Collins in the Fossil Creek
drainage. The Seven Springs property (320 acres) is located west of Taft Hill
Road, between Taft Canyon Estates and the Larimer County landfill. The Hahn
property (259 acres) is located east of Taft Hill Road, extending west to Shields
Street, opposite Clarendon Estates. A general location map is attached.
Policy Basis. One of the five objectives of the Natural Areas Policy Plan is to
"establish a system of publicly -owned natural areas to protect the integrity of
critical conservation sites, protect corridors between natural areas, preserve '
521
' April 20, 1993
outstanding examples of Fort Collins' diverse natural heritage, and provide a
broad range of opportunities for educational, interpretive, and recreational
programs to meet community needs." In addition, the Parks and Recreation Master
Plan shows an open space and trail corridor in this location.
Purchase Price. The contracted purchase price is $675,000, or about $1,165 per
acre. This negotiated price is below market value: an appraisal prepared for
the RTC in September 1992 estimated the value of the Seven Springs property at
$1,000/acre and the Hahn Farm at $2,500/acre, or a combined total of $967,500.
The discounted purchase price stems from the City's ability to purchase both
properties on a cash basis with no contingencies.
Natural Resource Value. The area is one of the most significant natural areas
in Fort Collins and provides an outstanding example of the pre -settlement
landscape of the city. It is characterized by rolling terrain with grasslands,
intermittent streams and wetlands. The land contains a large prairie dog colony
that is used extensively by wintering bald eagles, ferruginous hawks and other
large birds of prey. As many as seven bald eagles and twelve ferruginous hawks
have been observed here on a single visit.
The land also provides habitat for a variety of other wi,ldlife species, including
coyotes, red fox, mule deer, jack -rabbits, horned lizards, and ground -nesting
songbirds. The presence of native grasses and native wildflowers, including the
rare Bell's twinpod, makes this site one of the most valuable natural areas in
the Fort Collins Urban Growth Area.
Human Value. The area also offers potential recreational and educational
benefits to the community. The Parks and Recreation Master Plan includes a
future trail extension through the area. The Parks department has acquired
nearby land in Clarendon Hills for a trailhead and a trail underpass under
Shields Street is already in place. In addition, the Natural Areas Policy Plan
anticipates future nature trails, interpretive signs, and other environmental
education opportunities.
Resource Management Planning. As directed by natural area policies, a Resource
Management Plan will be prepared to guide future use and management of the area.
The plan will address resource protection needs, habitat improvement needs and
opportunities, public access needs and facilities, opportunities for
environmental education and interpretation, and other issues. The plan will be
developed by an interdepartmental staff team, in collaboration with the Natural
Resources Advisory Board, the Parks and Recreation Board, local neighborhood
associations, and interested citizens.
Existing Easements. Several easements are present on the properties, including
REA electric lines, an underground water. line, the Tribly Lateral irrigation
canal, and easements for future widening of Shields Street and Taft Hill Road.
' The owners of these easements will continue to have access to the property to
maintain the easements or facilities. These ongoing uses will need to be
522
April 20, 1993
identified in the Resources Management Plan for the property, but would not '
significantly affect the proposed use of the properties as public natural Areas.
Environmental Contamination Concerns. An environmental audit was conducted by
Stewart Environmental Consultants. The audit summarized the current status of
the known contamination concerns emanating from the Larimer County landfill.. No
other environmental contamination concerns were identified.
Potential offsite contamination from the Larimer County landfill has been a
concern since the mid-1980s. Groundwater monitoring since 1990 has documented
contamination by volatile organic compounds within the southern 200 to 300 feet
of the Seven Springs property, adjacent to an area of the landfill that was
closed in 1976. The contamination is contained within the Fossil Creek drainage
and has migrated beneath the Hahn property.
The volatile organic compound contamination exceeds drinking water standards;
however, the background water is nonpotable and there are no wells in the area.
Because of the age of the landfill, the groundwater quality should be stabilized.
The volatile organic compound contamination will not impact the proposed use of
the properties as undeveloped natural area. Additional groundwater monitoring
wells are needed to better define the extent of the contamination and any trends
in contamination levels to determine if any remedial action is required. In the
past, Larimer County has been unable to obtain access to the properties to '
conduct the additional monitoring. An access agreement will be developed with
Larimer County to allow the County to proceed with the necessary monitoring
studies.
Proposal to Name the Area in Honor of Cathy Fromme.
Resolution 92-177 directed the City Manager to present for Council consideration
an appropriate, City -owned natural area or open space to be named in honor of
Councilmember Fromme. Staff proposes to name this new area the "Cathy Fromme
Natural Area." The areas proposed for purchase are near the neighborhood in which
Councilmember Fromme lived.
Board and Commission Review
On April 7, 190 the Natural Resources Advisory Board unanimously recommended
Council adoption of both resolutions. The Parks and Recreation Board canceled
its late -March meeting, so a formal review of the acquisition was not possible.
The Board was informed of the proposal at its March meeting in the context of a
discussion of natural area acquisition priorities. The Board was supportive of
the acquisition."
Natural Resources Director Tom Shoemaker gave a slide presentation and summarized
the details of the acquisition. He stated the contract was contingent upon
Council approval and recommended funding come from the Conservation Trust Fund. '
523
I
April 20, 1993
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
.Resolution 93-54.
City Attorney Steve Roy spoke of the revisions to the Resolution.
Councilmember McCluskey inquired about possible contamination and asked if
remedial work would need to be done.
Shoemaker spoke of the environmental audit findings stating there was a minimal
amount of contamination on the property.
Councilmember Winokur offered an amendment to the previous motion, adding in
Section 1. additional language to read: using the funds appropriated and
available in the Conservation Trust Fund".
Councilmembers Horak and Apt accepted the amendment as a friendly amendment to
their original motion.
Councilmember Horak asked about a policy to protect the use of the property.
Shoemaker noted staff is currently working on the policy to protect the land -use.
' Bob Kulovaney, 1317 Hepplewhite Court, commended Tom Shoemaker and Assistant City
Attorney Marty Heffernan for their efforts in acquiring the property. He urged
Council to adopt the resolution and preserve the property as a natural area.
Larry Gray, residing at 1416 Hepplewhite Court and President of the Ridge Home-
owner's Association, spoke in support of the resolutions and stated the Ridge
Board is prepared•to offer any resources needed.
Del Howard, 4917 Chippendale Drive, spoke in support of the resolution and
thanked Tom Shoemaker for his efforts.
Tom Higley, a local attorney and a member of the Chamber of Commerce Local
Legislative Affairs Committee, questioned who was paying for the extension of the
infrastructure where the property abuts.
Bruce Lockhart, 2500 E. Harmony Road, spoke of the possibility of a future
Council changing the land -use.
Councilmember Horak spoke of infrastructure concerns and stated it was a positive
step forward and commended staff for its efforts.
Councilmember Kneeland spoke in support of the resolution.
Councilmember Janett spoke in support of the Natural Areas Policy Plan.
524
April 20, 1993
Councilmember McCluskey supported the motion and spoke of the need to continue
considering additional sites..
Councilmember Winokur supported the motion and spoke of increased property values
for the adjoining subdivisions.
Councilmember Apt concurred with all the previous comments and thanked staff and
previous Councilmembers who made the funding possible.
Mayor Azari spoke in support of the resolution.
The vote on Councilmember Horak's motion as amended was as follows: Yeas:
Council members Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Resolution 93-55.
Councilmember Kneeland reported she received a suggestion to name the area the
"Cathy Fromme Prairie Natural Area".
Councilmember Kneeland made a motion, seconded by Councilmember Apt, to amend '
Resolution 93-55 to include the word "Prairie".
Councilmember Horak suggested the Natural Resources Board review the proposed new
language.
Councilmember Kneeland, with agreement by Councilmember Apt, withdrew her
amendment to the motion.
Councilmember Winokur spoke in support of the resolution and of former
Councilmember Frommle's accomplishments during her time on Council. He requested
staff and the Leadership Team work together to schedule a formal dedication
ceremony.
Councilmember Horak supported the motion and spoke of former Councilmember
Fromme's commitment to environmental issues.
Mayor Azari spoke of her pleasure in seeing the natural area being named after
former Councilmember Fromme.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
525
1
April 20, 1993
Ordinance No. 41, 1993,
Authorizing the Transfer of
Appropriations Between Capital
Prodects in the Capital Prodects Fund, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The two projects involved are Choices 95 projects. This ordinance reduces the
1993 appropriation for Prospect/College Intersection by $213,000, and increases
the 1993 appropriation for the Prospect/Shields Intersection project by $213,000.
In 1994, the appropriations for these projects will be adjusted so that the total
appropriations for each project remain consistent with the original Choices 95
proposal. Total appropriations and ending fund balance for Choices 95 remain
unchanged from the figures approved in the 1993 budget.
EXECUTIVE SUMMARY
Funds for right-of-way acquisition and construction of the Prospect/Shields
Intersection are budgeted in 1994. Since Prospect Road west of Shields is being
built this summer, staff is recommending that the right-of-way be acquired in
1993, and the west leg of the intersection and the storm sewer improvements for
the intersection be built this summer with Prospect Road. To accomplish this,
$213,000 of the $288,000 which was to be appropriated in 1994 must be
appropriated in 1993. The east leg of the intersection will be built in 1994
with the Shields - Prospect to Laurel project using the remaining 1994
appropriation of $75,000.
The construction of Prospect/College Intersection which was scheduled for 1993
however, in the attached memo to Council, staff recommends postponing this
project until 1994. Funds for this construction have been appropriated in 1993,
but will not be expended until 1994. This ordinance transfers $213,000 in
appropriations which will not be needed for Prospect/College in 1993 to the
Prospect Shields project, where they are needed. Appropriations for both
projects will be adjusted in the 1994 budget so that total appropriations for
each project are consistent with the amounts originally established in the
Choices 95 program.
Civil Engineer III Mark Sears gave a brief explanation on this item and noted
staff is recommending postponing the College/Prospect Intersection project until
1994.
Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to
adopt Ordinance No. 41, 1993 on First Reading.
Councilmember Horak stated he supported the motion and questioned the use of
' part-time and/or temporary consultants to assist in the design.
526
April 20, 1993
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 42, 1993,
Appropriating Funds for Three Choices 95
Proiects in the Capital Protects Fund.
The following is staff's memorandum on this item.
'FINANCIAL IMPACT
This Ordinance appropriates $110,000 for the construction of the following
Choices 95 projects: Prospect Road from Shields Street to Taft Hill Road,
Prospect/Taft Hill Intersection, and Prospect/Shields Intersection.
The $110,000 is available in both the Street Oversizing Fund and Choices 95 Fund
or costs could be reduced by $110,000.
EXECUTIVE SUMMARY
Staff opened the two bids received for the Prospect Road projects, which were bid '
along with a sewer line project and three storm drainage projects, on April 7.
The $1,760,300 bid. for the Prospect Road projects was over the engineer's
estimate by $276,300 (18 percent), and exceeds the current budget by $242,000.
Staff has reduced the cost of the project by $132,000 by negotiating with the
Contractor to reduce some costs and by deleting some items that would not hurt
the scope of the project. At this point $110,000 is unfunded.
To keep the project within current budget, $110,000 could be saved by deleting
the splash strip, the east bound right turn lane at Prospect/Shields, and the
sidewalk along the south side of Prospect. These items would change the scope
of the project, therefore are not recommended for cost reductions.
There are three options for meeting the need for $110,000:
1. Use $110,000 from the Street Oversizing Fund.
2.
Use $110,000 from the
Choices
95 Fund.
3.
Delete the $110,000 in
costs.
(See attachment)
Staff recommends funding the needed $110,000 from the Street Oversizing Fund,
which has an estimated year end fund balance of $3,900,000. The $110,000 will
be repaid to the Oversizing Fund by developers when the vacant properties
adjacent to Prospect Road develop. '
527
April 20, 1993
BACKGROUND:
The scope of the Prospect Road projects is to: widen Prospect Road and the
Prospect/Taft intersection to provide four traffic lanes, a left turn lane,
bicycle lanes and sidewalks; improve the Prospect/Shields intersection to provide
right turn lanes for east and north bound traffic, and to provide a double left
turn lane for west bound traffic; to improve the street lighting; improve the
storm drainage; and to relandscape the adjoining properties.
Construction is scheduled to start on May 3, to have Prospect Road open by August
23, and to be fully complete by October 29.
Bid Opening
Staff opened the two bids received for the Prospect Road projects, which were bid
along with a sewer line project and three storm drainage projects, on April 7.
The low bid from Castle Rock Construction of $2,688,193. The second bid from
Western Mobile was $3,391,366.
(The bid opening was originally March 31, but only one bid was submitted on time.
A second bid was delivered 20 seconds late. Since we only had one bid, Staff
decided to delay the bid opening one week in hopes of receiving more than one
bid.)
Although only two bids were received, the low bid is reasonable given the current
construction market. Construction activity is extremely high this summer. With
this project being fairly complex, there are only a few contractors capable of
building this project.
The $1,760,300 bid for the Prospect Road improvements (which deals with the three
Choices 95 projects), was over the engineer's estimate by $276,300 (18 percent),
and exceeded the current budget by $242,000.
Staff has reduced the cost of the project by $132,000 by negotiating with the
Contractor to reduce some costs and by deleting some work items. (See attachment
for breakdown of these items.) This leaves $110,000 unfunded.
Budget
Total Funds Available
Construction Shortfall
$1,617,000
<$1,760,000>
$ 142,000
528
April 20, 1993
Contingency Recommended 100,000
Total Shortfall $ 242,000
Cost Reductions <132,000>
TOTAL ADDITIONAL FUNDS NEEDED $ 110,000
Three Options For Addressing the Unfunded $110,000
1) Delete Construction Items. Staff has identified the following items that
if deleted would reduce the costs by $110,000 and would keep the project within
current budget.
SAVINGS
Eliminate the Right Turn Lane for East Bound $25,000
Prospect Traffic at Shields.
Eliminate the Splash Strip and Widen $60,000
Sidewalk from 6' to 7'
Eliminate the Sidewalk from the $25,000 '
South Side of Prospect
Total Potential Savings $110,000
2) Use Street Oversizing Funds. The fund has an estimated end of year balance
of $3.9 million. Street Oversizing Funds can be used to pay for half the street
costs of Prospect Road where it is being built adjacent to vacant land which can
be developed in the future. The cost to build half of a street across this
vacant land would be $251,000 based upon the bid received. $108,000 of Street
Oversizing Funds were appropriated to this project in April 1992. Staff
recommends using $110,000 of the remaining $143,000 that could be charged to
Street Oversizing.
3) Use Choices 95 Funds. The $110,000 is available in the Choices 95 Fund,
based upon revised estimates for investment earnings and sales and use tax
revenues for 1993.
RECOMMENDATION
Staff recommends using Street Oversizing Funds for the needed $110,000. This
will allow the project to be built as designed and as presented to the public
over the last 18 months. '
529
April 20, 1993
C111 11110lri/1
COST REDUCTIONS
Delete concrete pavement from cul-de-sac, Pavement
Management will pay for asphalt overlay. <$16,000>
Delete asphalt overlay and pavement grinding on
south side of Prospect from Heatheridge east to
Shields, Pavement Management will pay for work. <f17,900>
Delete borrow materials from project. They were
bid only to establish unit prices in case borrow is
needed. <$5,200>
Delete the relocation of three water valves. Water
and Sewer decided that they did not need to
relocated. <$1,500>
Delete traffic control from Contract and use traffic
control contractor which is under City Contract. <$30,000>
Redistribute a portion of the mobilization costs
to Water and Sewer and Storm Drainage. <$30,000>
Reduction in erosion control costs. <$3,000>
Reduction in landscaping costs. <f13,400>
Reduction in concrete paving costs. <f15,000>
TOTAL COST REDUCTIONS $132,000"
Civil Engineer III Mark Sears gave a description of the item and spoke of funding
options. He requested funding be used from the Street Oversizing Fund.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt Ordinance No. 42, 1993 on First Reading.
Councilmember Winokur asked why the recommendation for funding was coming from
the Street Oversizing fund instead of the Choices 95 Fund.
City Manager Steve Burkett outlined funding allocations and stated the Street
Oversizing Fund policy is intended to pay for widening of streets.
Councilmember Kneeland questioned the reduction in landscaping costs.
1 530
April 20, 1993
1
Sears stated staff is currently in the process of working with the landscaping
contractors to find alternate ways to provide quality landscaping. He stated
costs could be reduced by selecting an equal, but less expensive retaining wall
and fencing.
Councilmember Apt spoke of the importance in not sacrificing landscaping
qualities.
Sears clarified the scope of the landscaping would not be reduced and stated
street lightening and storm drainage improvements would be paid out of the
Choices 95 Project fund. ,
Director of Engineering Gary Diede answered Council questions regarding funding
of the project.
Councilmember Horak spoke of street oversizing in relation to capital projects.
He commended staff for attempting to reduce the cost of the project without
reducing the basics.
Councilmember Winokur asked if it would be cost effective to coordinate street
maintenance and construction in the same areas when suitable although funds for
street maintenance and street construction come from separate funds.
Councilmember Apt stated the appropriation of money in the Choices 95 fund had '
already been approved by the voters and stated he would not support a resolution
that uses funds from the Street Oversizing fund. ,
Councilmember Horak spoke of need for more neighborhood outreach to better inform
residents of the process.
Mayor Azari spoke of neighborhood awareness and the need to consider permanent
street maintenance. She commended Mark Sears for his efforts.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
Councilmember Apt.
THE MOTION CARRIED.
531
F
April 20, 1993
Items Relating to Various Council Liaison
Appointments and Committee Assignments.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 93-56 Assigning Councilmembers as Liaison Representative to
Various Boards and Commissions and Appointing Councilmembers to Various
Committee Assignments.
B. Resolution 93-57 Approving and Endorsing the Appointment of a
Councilmember to the Larimer County Fair Board.
C. Resolution 93-58 Nominating a Representative from the City to the Larimer
Emergency Telephone Authority.
D. Resolution 93-59 Approving the Participation of Mayor Ann Azari as an Ex
Officio Advisory Member of the Board of Directors of the Fort Collins Area
Chamber of Commerce.
E. Resolution 93-60 Approving the Participation of Mayor Ann Azari as an Ex
' Officio Member of the Board of Directors of Fort Collins, Inc.
At the regular meeting following the Council reorganization meeting in April of
odd -numbered years, Councilmembers decide which of the various boards and
commissions liaison assignments and committee appointments are of interest to
them as individuals. A Resolution has been prepared so that the names of
individual Councilmembers can be inserted in the blank spaces.
A Resolution has also been prepared to approve and endorse the appointment of a
Councilmember to the Larimer County Fair Board. Following adoption of this
Resolution, a copy will be forwarded to the Larimer County Commissioners for
their consideration and action.
The Larimer Emergency Telephone Authority has requested that Loren Maxey continue
to serve on the Authority although Mr. Maxey has completed his term as a
Councilmember. A Resolution has been prepared should the Council decide to
select a new representative. If the Council agrees that Mr. Maxey should
continue as the City's representative, no action is necessary.
Two Resolutions have been prepared approving the Mayor's participation as an ex
officio member of the Fort Collins Area Chamber of Commerce and Fort Collins,
Inc. boards of directors. Both organizations have seats specifically designated
for the Mayor.
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April 20, 1993
A grid showing 1991 assignments and any subsequent changes, and a blank grid, are
attached as planning tools for Council's use in determining assignments each
member may be interested in assuming."
City Clerk Wanda Krajicek gave a brief description of the items.
After discussion among Councilmembers, Councilmember Horak made a motion,
seconded by Councilmember Winokur, to adopt Resolution 93-56 inserting the names
of Councilmembers selected to fill the various assignments and appointments.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt
Resolution 93-57 inserting the name of Bob Winokur to serve as a representative
to the Larimer County Fair Board.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCloskey and Winokur. Nays: None.
THE MOTION CARRIED. '
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Resolution 93-58 inserting the name of Ann Azari to serve as a representative to
the Larimer Emergency Telephone Authority.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland,. McCloskey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 43, 1993,
Authorizing the Issuance of
City of Fort Collins General
Obligation Refunding Bonds in the
The following is staff's memorandum on this item.
'FINANCIAL IMPACT
This refunding of the 1986 General Obligation Parks Bonds is expected to result
in a net present value savings in excess of 3%, the. threshold target for
refundings. The gross monetary savings over the life of the bonds will be about
$75,000 and net present value of the savings will be about $60,000. All savings
are net of the costs of doing the refunding. '
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April 20, 1993
EXECUTIVE SUMMARY
In August of 1986, the City issued $3,845,000 of General Obligation Park
Refunding Bonds. These bonds refunded the 1981 issue which was done to construct
improvements at the Rolland Moore Park. The net effective interest rate on the
1986 bonds was 7.33%. In March of 1993, the rates on municipal bonds dipped to
a twenty year low. At the lowest level, the City would have been able to refund
the outstanding bonds at a rate less than 5%. The current market is again
approaching the favorable levels.
At the start of 1993, the City had 3 3,360,000 of outstanding 1986 series General
Obligation Refunding Bonds. This refunding will refinance the bonds that mature
after the 1996 call date, the 2001 term bond of $1,715,000.
The Ordinance requires the City to set up an escrow account for the payment of
the Refunded bonds into which most of the 1993 Refunding Bond proceeds will be
deposited. The Refunded Bonds wi11 be called prior to their respective maturity
dates according to the redemption terms of the 1986 issue.
It is estimated that the sources and uses of funds will be as follows:
Sources
' Principal Amount of New Bonds $1,925,000
Total $1,925,000
Uses:
Refunding Escrow $1,870,295
Underwriters Discount 14,438
Costs of Issuance 40,000
Contingency 267
Total $1,925,000
The bonds will- be marketed as soon as the market allows us to reach the
established refunding target. Final interest rates, total bond issue, and
sources and uses of funds will be inserted after sale of the bonds and prior to
final Council action."
Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 43, 1993 on First Reading.
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April 20, 1993
Finance Director Alan Krcmarik briefly outlined the item and spoke of refunding
criteria stating it would eventually result in a savings of property tax revenue
that would benefit taxpayers. He outlined the process between first and second
reading of the ordinance.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Horak reported that CSU will not be going through the Planning and
Zoning Board process on the Bull Farm Project as had previously been indicated.
He requested a project update and legal opinion regarding Council's ability to
hold a hearing so that a public review of the project could be heard.
Councilmember Apt concurred with Councilmember Horak, and expressing his
disappointment.
Councilmember Winokur spoke of creating an Ad -Hoc Charter Review committee.
Mayor Azari reported on the upcoming Council retreat.
Adiournment
The meeting adjourned at 11:15 p.m.
ATTEST:
City Clerk