Loading...
HomeMy WebLinkAboutMINUTES-04/19/1994-RegularApril 19, 1994 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 19, 1994, 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 Smith. Staff Members Present: Burkett, Krajicek and Roy. Citizen Participation Margette VanArsdale, 206 Whedbee, presented a resolution from the Congress of Neighborhoods regarding Neighborhood Compatibility and the possibility of establishing a Neighborhood Ambassador Program. Al Baccili, 520 Galaxy Court, stated he was opposed to the City of Fort Collins and the Platte River Power Authority paying dues to the Chamber of Commerce. Citizen Participation Follow-up ' Councilmember Apt stated the City of Fort Collins holds two seats on the Platte River Power Authority's Board and believed the other cities would still vote in favor of keeping the membership to the Chamber. He stated the two representatives from the City need to lobby the other cities to vote against maintaining the Board's membership with the Chamber. He believed the City should not be a member of the Chamber because their organization focuses on several political issues. Councilmember Kneeland stated a Neighborhood Ambassador Program was reviewed with the Neighborhood Compatibility Study and is still under review at this time. Councilmember Horak believed there was a Resolution adopted stating the City is not to be a member of the Chamber of Commerce. He stated the Platte River Power Authority should not be a member as well; however, there are enough people seated on the Board who want to maintain the membership in the Chamber. Agenda Review City Manager Burkett withdrew Item #18, First Reading of Ordinance No. 66, 1994, Amending Sections 23-227 and 24-114 and Chapter 26, Article IX of the Code for the Purpose of Authorizing a Delay in the Collection of Certain City Development Impact Fees to the Time of Issuance of Certificates of Occupancy or One Year from ' the Issuance of Building Permits, Whichever First Occurs, rescheduled for May 3, 1994. April 19, 1994 1 Councilmember McCluskey withdrew Item #12, Second Reading of Ordinance No. 59, 1994, Amending Chapter 2, Article II, Division 3, of the Code Pertaining to the Presentation of Appeals to the City Council. Pavel Bujak, 236 Jefferson, withdrew Item #10, Second Reading of Ordinance No. 56, 1994, Amending Chapter 14 of the Code Pertaining to the Maintenance of Landmarks and to the Demolition or Relocation of Historic Buildings and Sites Not Designated as Local Landmarks or Located in a Landmark District. 7. 0 CONSENT CALENDAR Resolution 93-113 specified that: 1) the Barn be relocated to private property within the Urban Growth Area; 2) an RFP be issued to identify those parties interested in obtaining the Barn for private use and to select an appropriate site for the Barn; and 3) the relocation of the Barn be funded from the Historic Preservation Account within the Capital Projects Fund. On December 7, 1993, the Council adopted Ordinance No. 149, 1993, which authorized the relocation of the Barn to the historic ' Brown Farm site owned by Mr. Brad Pace. On September 28, 1993, the City applied for a State Historical Fund Grant in the amount of $5,000 (the "Grant") for the relocation of the Barn. The Grant was not approved in the September round but was approved in January of 1994. Contract documents were prepared by the Grants Administrator and signed by the City on February 7, 1994. Now that the Barn has been relocated, the City may request the Grant payment. Total cost of the Barn relocation project is expected to be approximately $20,000. This Ordinance, which was unanimously adopted on First Reading on April 5, authorizes the appropriation of the Grant to offset the total cost of the relocation. The balance will be expended from the Historic Preservation Account within the Capital Projects Fund. The deed that conveyed the Brown Farmhouse property (the "Property") to Mr. Brad Pace contained three deed restrictions: 1) that Mr. Pace apply to have the Property designated as a landmark pursuant to Chapter 14 of the City Code; 2) that Mr. Pace restore the Property and its improvements to their historic condition within two years of the date of conveyance; and, ' 248 April 19, 1994 ' 3) that no farm animals and livestock be kept on the Property. Failure to comply with any of these restrictions could result in the City being lawfully entitled to retake possession and title to the Property. Mr. Pace applied for and was granted landmark designation on May 18, 1993. Since that time he has worked to renovate the Property in compliance with the landmark designation. The restoration has been reviewed by City Planning staff who agree that it is complete except for repainting and is in compliance with the requirements of Chapter 14 of the Code. Mr. Pace requests that the City delete the first and second deed restrictions since he has applied for financing to complete the interior improvements to the farmhouse. The lender will not authorize the financing with these two deed restrictions in place. Since the Property has been designated as a landmark and since restoration is nearly complete and the landmark designation allows the City an avenue of enforcement if necessary, the City should not be harmed in releasing these deed restrictions. This Ordinance, which was unanimously adopted on First Reading on April 5, authorizes the Mayor to execute such deeds and instruments as are necessary to waive these two deed restrictions. The third deed restriction prohibiting the keeping of farm animals and livestock on the Property will not be waived by this Ordinance. 9. Items Relating to the Spring Creek Farms 4th Annexation and Zoning. ' A. Second Reading of Ordinance No. 52, 1994, Annexing Approximately 199 Acres, Known as the Spring Creek Farms 4th Annexation. 10. Second Reading of Ordinance No. 53, 1994, Zoning Approximately 199 Acres, Known as the Spring Creek Farms 4th Annexation, Into the E-P, Employment Park, District. This Ordinance, which was unanimously adopted on First Reading on April 5, approves the request to annex and zone approximately 199 acres located north of Harmony Road and west of County Road #9. The requested zoning is the E-P, Employment Park District. The property is presently undeveloped. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. Last December, City Council asked the Landmark Preservation Commission and City staff to prepare an ordinance which would impose a waiting period for the demolition of historic structures. The purpose of the recommended ordinance is to give the Landmark Preservation Commission, neighborhood groups and general citizens time to document the existence and historic 249 April 19, 1994 significance of the property and to explore the impact that will occur to the site and surrounding neighborhood, as well as to explore the proposed new plan for development. The demolition ordinance applies to structures over 50 years of age and which are considered "historic" according to established criteria. This Ordinance, which was unanimously adopted on First Reading on April 5, would delay, not prevent the demolition of historic structures. The minimum maintenance provision applies to only local landmark structures and is intended to prevent owners from letting the building deteriorate to the point that the building loses its historic integrity. 11. Second Reading of Ordinance No. 58, 1994, Creating a Youth Advisory Board. 12. During the February 22 work session Council discussed establishing a Youth Advisory Board and indicated that staff should draft an ordinance creating such a board. Ordinance No. 58, 1994, is in response to that work session and was adopted 7-0 on first reading, with amendments. On first reading, Council modified the proposed ordinance in two respects. First, a provision was added to ensure that at least seven of the Board's eleven members, including the chair and vice chair of the Board, will be youths. Another provision was added to require that at least two of the members of the Board are also members of the Youth Leadership Committee. ' Staff has made revisions to the Ordinance since First Reading to further clarify the appointments to be made by the Youth Leadership Committee and to standardize the organization of the provisions. Once the ordinance has been adopted on second reading, recruitment will begin and Board members will likely be appointed late June or early July. This Ordinance, which was unanimously adopted on First Reading on April 5, would make certain changes to the Code provisions which prescribe the procedure for appeals to the City Council from boards or commissions of the City. The primary change approved by Council on first reading was an amendment dealing with the scope of Council's review on appeal. Under the option chosen by the Council, the ordinance would eliminate the "abuse of discretion" standard presently contained in the Code. This would, in effect, enable the Council to substitute its judgment for that of the board or commission in deciding whether the relevant provisions of the Code and Charter had been properly interpreted and applied in each particular case on appeal. ' 250 April 19, 1994 13. Items Relating to the City of Fort Collins Program for Tax and Utility Rebates. 14. First Reading of Ordinance No. 60, 1994, Amending Chapter 25 and 26 of the Code Regarding Tax and Utility Rebates. First Reading of Ordinance No. 61, 1994, Appropriating Fund Prior Year Reserves in the General Fund for Expenditure in the General Fund Refund Program Account. In 1973, 1975, and 1984 respectively, the City of Fort Collins established property tax, utility, and sales tax rebate programs for low-income elderly and disabled residents of the City. The intended purpose was to provide some financial relief to those members of the population who may have difficulty paying routine bills and to help make the cost of food and housing more affordable to vulnerable residents. In order to provide consistency in the utility rebate program, stormwater should be included. The average monthly bill for a residential unit is $5.58. This would raise the amount of the utility rebate from $79.07 to $84.65 per applicant. The increased cost to the program by the addition of stormwater will be about $3,365 based on the number of applications received in 1993. Last year the number of rebates awarded exceeded the appropriation by $12,000. Staff expects that about the same volume of rebates will be processed in 1994. An additional appropriation is needed to maintain current rebate levels. These revisions provide an opportunity to make some housekeeping changes to the Code that will provide consistency in definitions and eliminate obsolete language. Staff asks that Council revise the Code to add stormwater to the utility rebate program, that funds be appropriated to maintain the current program, and that housekeeping changes be made to the Code to provide consistency among the rebate programs. Following the 1993 discussions of a joint City/School library in the new Fort Collins High School, the Barton Early Childhood Center Library partnership was developed and has been successful. In late 1994 the president of The Community Foundation serving northern Colorado wrote to the City and School District indicating a donor's interest in seeing a proposal from both entities on how library service to children could be 251 April 19, 1994 1 improved. The donor wished the funds to be expended for fixed or capital items rather than ongoing operation and maintenance type costs. A team of representatives from the City and District began meeting and developed an exciting proposal which benefits our community's youth and the community at large. The proposal is multifaceted; the thread that ties the pieces together is increased access and convenience. The Fort Collins Public Library's online catalog would add an online magazine index with abstracts or full text articles for a three year period. Students can easily access this resource with a dedicated look -up station at the Front Range Community College and four school libraries. Drop boxes will also be installed at these five locations for easy return of library materials; expanded courier service for a year is included. A pilot effort at Cache La Poudre Junior High will test the feasibility and workload impact of library customers placing requests for books and having them delivered to the school. 15. First Reading of Ordinance No. 63, 1994, Appropriating Unanticipated Revenue in the General Fund. 16. The Fort Collins Housing Authority (the "Authority") made a payment to the City from its 1993 budget in the sum of $18,633.85 as a "Payment in Lieu I of Taxes" ("PILOT"). The Authority has requested that the City refund the money "...to fund sorely needed affordable housing related activities to attend to the low-income needs of Fort Collins residents." Resolution 92-93 reinstated the requirement of the Authority to make annual PILOTS to the City. The purpose of the resolution was to clarify that these funds are the property of the City and not excess HUD funds. The City may dispose of them as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council remitted the PILOT to the Authority last year. The Airport Manager has negotiated a lease of property to Dwight L. Hayden for the construction of an aircraft hangar. Dwight L. Hayden will build a hangar, for personal use, on the lot. The hangar will provide at least 1,764 square feet of aircraft storage space. At the expiration of the lease, the improvements revert to the ownership of the Cities. The construction of the hangar will generate new revenue for the Airport and help meet the aircraft storage needs of local aircraft owners. 252 1 17 19 20 April 19, 1994 First Reading of Ordinance No. 65, 1994, Amending Section 29-657(f) Regarding Minimum Right -Of -Way Widths for Local Streets. On July 20, 1993, the City Council adopted Resolution 93-111, identifying affordable housing policy implementation strategies. City staff was directed to develop, for City Council consideration, potential affordable housing policy implementation mechanisms. One such mechanism, Section 13 of Resolution 93-111, was the reduction of right-of-way width standards for local streets. The proposed Ordinance would reduce the right-of-way width standards for local streets from 54 feet to 48 feet. Issuance of Building Permits, Whichever First Occurs. On July 20, 1993, the City Council adopted Resolution 93-111, identifying affordable housing policy implementation strategies. City staff was directed to develop, for City Council consideration, potential affordable housing policy implementation mechanisms. One such mechanism, Section 4 of Resolution 93-111, states, "establishment of procedures for affordable housing projects which would delay the collection of fees from the time of issuance of building permits to the time of issuance of certificates of occupancy." The proposed Ordinance will delay the payment of development impact fees from the time of issuance of a building permit to the time of issuance of certificate of occupancy, or one year from issuance of the building permit, whichever comes first for affordable housing projects only. The Affordable Housing Board recommends that the proposed Ordinance be modified to include all housing projects, not solely affordable housing projects. Resolution 94-63 Adopting a 1994 Commuter Vanpool Fare Structure. The 1994 vanpool fares will recover full operating expenses (gas, maintenance, tires, and insurance) plus depreciation (replacement for the vans). At the end of the useful life, reserves will be sufficient to replace them at market value. These fares are competitive with other vanpool programs in the Colorado area. Fares are expected to be adjusted on an annual basis. Resolution 94-64 Finding Substantial Compliance and Initiating Annexation Proceedings for the Robert Shields Annexation. The applicant, the Everitt Companies, on behalf of the property owners, Robert and Wendy Shields, has submitted a written petition requesting annexation of approximately 18.4 acres located east of County Road #9 and approximately one-half mile north of Harmony Road. 253 21. 22. April 19, 1994 1 The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. 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 1/6 contiguity to existing city limits from a common boundary with the Spring Creek Farms Annexation to the west. The applicant, Chateau Custom Builders, Inc., on behalf of the property owners, Marvin D. and Doris E. Strachan, has submitted a written petition requesting annexation of approximately 17.9 acres located west of County Road #9 and north of the Hewlett Packard Plant on Harmony Road. The proposed Resolution makes a finding that the petition substantially ' complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. 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 1/6 contiguity to existing city limits from a common boundary with the Harmony Annexation No. 4 to the south. Meadow Springs Ranch was purchased in late 1990. The option and sales agreements negotiated with the owner, Meadow Springs Grazing Association, granted the Association first right of refusal on any future grazing rights offered by the City. Upon sale of the property, the Association transferred its right of first refusal to a newly created corporation, , 254 April 19, 1994 Natural Fort Grazing, Ltd. (NFG). NFG is composed of those former members of the original Association who desired to continue livestock grazing. The lease was bid in 1992, and the high bid of $11 per animal unit per month was accepted. NFG chose to exercise its first right of refusal and entered into a two year lease in April, 1992. The current lease with NFG expires on May 1, 1994. Staff's original intent was to rebid the lease in late 1993, but this was complicated by the purchase of 7,550 acres of State Land Board property and by ongoing discussions regarding the eventual disposition of the property on the east side of I-25. Staff recommends extending the existing lease through the end of 1994 in order to resolve the outstanding issues. It is anticipated that grazing rights will be bid before the beginning of the 1995 grazing season. The lease rate of $11 per animal unit per month will remain the same, and the rotational grazing experiment funded by NFG, under the direction of C.S.U. range science professor, Dr. Roy Roath, will continue. During the past two years, approximately 4,000 acres of the ranch have been converted to rotational grazing. More will be converted over time. The information gathered during this experiment is being used in the development of the sludge master plan project. 23. Resolution_94-67 Endorsinq the Nomination of Ann Azari to the Executive Board of the Colorado Municipal League. ' This Resolution formally endorses the nomination of Mayor Ann Azari to the Executive Board of the Colorado Municipal League. City Council has expressed its strong support in nominating Mayor Azari to the Executive Board of the Colorado Municipal League. 24. Resolution 94-70 Assigning a Councilmember as Liaison to the Transportation Board. At the April 9, 1994 Council retreat, Councilmember Will Smith expressed a desire to assume the role of the liaison to the Transportation Board. Councilmember Gina Janett, who is currently the liaison to the Board, agreed to the change. Resolution 91-100, adopted by Council on July 2, 1991, establishes a policy for making such interim appointments as necessary. This Resolution will appoint Councilmember Will Smith as liaison to the Transportation Board to serve until such time as new appointments are made. 25. Routine Deeds and Easements. A. Powerline Easement from Nina L. and Kenneth W. Smith, 2428 Mathews, needed to install new underground streetlight service. Monetary consideration: $10. ' 255 April 19, 1994 B. Powerline Easement from Kevin J. and Kathy L. Baker, 2813 Redwing Road, needed to install new underground streetlight service. Monetary consideration: $10. C. Powerline Easement from Molly Schneider, 2309 Mathews Street, needed to install underground streetlight service. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. FIP by City Council in Ordinance No. 40, 1993. 9. Items Relating to the Spring Creek Farms 4th Annexation and Zoning. 10. 11 12. A. Second Reading of Ordinance No. 52, 1994, Annexing Approximately 199 Acres, Known as the Spring Creek Farms 4th Annexation. B. Second Reading of Ordinance No. 53, 1994, Zoning Approximately 199 ' Acres, Known as the Spring Creek Farms 4th Annexation, Into the E-P, Employment Park, District. Second Reading of Ordinance No. 58, 1994, Creating a Youth Advisory Board. City Council. Items on First Reading were read by title by City Clerk Wanda Krajicek. 13. Items Relating to the City of Fort Collins Program for Tax and Utility Rebates. A. First Reading of Ordinance No. 60, 1994, Amending Chapter 25 and 26 of the Code Regarding Tax and Utility Rebates. 256 1 April 19, 1994 B. First Reading of Ordinance No. 61, 1994, Appropriating Fund Prior Year Reserves in the General Fund for Expenditure in the General Fund Refund Program Account. 14. 15. 16. an Aircraft Hangar. 17. First Reading of Ordinance No. 65, 1994, Amending Section 29-657(f) Regarding Minimum Right -Of -Way Widths for Local Streets. Councilmember Horak made a motion, seconded by Councilmember Smith, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. Ordinance No. 56, 1994 Amending Chapter 14 of the Code Pertaining to the Maintenance of Landmarks and to the Demolition or Relocation of Historic Buildings and Sites Not Designated as Local Landmarks or Located in a Landmark District, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Last December, City Council asked the Landmark Preservation Commission and City staff to prepare an ordinance which would impose a waiting period for the demolition of historic structures. The purpose of the recommended ordinance is to give the Landmark Preservation Commission, neighborhood groups and genera) citizens time to document the existence and historic significance of the property and to explore the impact that will occur to the site and surrounding neighborhood, as well as to explore the proposed new plan for development. The demolition ordinance applies to structures over 50 years of age and which are considered "historic" according to established criteria. This Ordinance, which was unanimously adopted on First Reading on April 5, would delay, not prevent ' the demolition of historic structures. The minimum maintenance provision applies 257 April 19, 1994 to only local landmark structures and is intended to prevent owners from letting the building deteriorate to the point that the building loses its historic integrity." ***Secretary's Note: City Attorney Roy was out of the room for this portion of the meeting, Deputy City Attorney Paul Eckman was present for discussion of this item.*** Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 56, 1994 on Second Reading. Pavel Bujak, 236 Jefferson, stated he was opposed to the Ordinance. He stated the owners of the building have invested a significant amount of money in sustaining and improving the economic and historic value of the building. He stated the truck traffic destroys the buildings rapidly which makes it very hard for the owners of the buildings to maintain the quality of the structure. He believed it was unfair to impose this Ordinance onto the owners when they are fighting a losing battle against the truck traffic. Councilmember Janett asked about the rehabilitation grants that would assist the owners in maintaining the structures. Joe Frank, Assistant Planning Director, stated the Rehabilitation Grant Program is currently being developed and should be implemented in the latter part of ' 1994. He stated the program would provide matching grants of $2,000 for residential rehabilitation and up to $5,000 for commercial building rehabilitation. Carl Glaser, 215 Jefferson - representative of Jefferson Coalition, urged Council to defeat the Ordinance. He stated truck traffic should be removed from Jefferson Street. He stated that requiring the owners to maintain the historic buildings that are being destroyed by truck traffic is unconscionable. He believed the grant money would be wasted because the truck traffic would deteriorate any rehabilitation that was done on the buildings. Spike Hoffman, 5305 South County Road 9, believed this Ordinance was derived from the demolition of a house on Magnolia Street. He stated the cost of renovation is extraordinary. He stated the Ordinance is unfair to the property owner. Councilmember Kneeland stated the City has to work with the State to address the truck traffic issue. Councilmember Apt stated a ban against truck traffic is not possible because it is a state highway. He stated the City is continually working with the State on this issue to come up with a solution. 258 1 April 19, 1994 Councilmember Janett the City and the State are reviewing what possibilities there are over the short term to address the truck traffic issue. She stated this Ordinance allows the delay of a demolition so the community can assess if there are any alternatives to reserve the historic structure. She stated the owners of the historic structures know they will be incurring expenses and the implementation of the grant program will assist them in preserving the structures. Councilmember Horak stated his support for the Ordinance. He stated the issue of truck traffic along Jefferson is complicated. He stated a temporary solution is just a quick fix and believed the long term solution would benefit the community greater. Mayor Azari stated the truck traffic issue is complex and the City and State will be continually striving for a solution that accommodates everyone. She stated she would support the Ordinance. The vote on Councilmember Horak's motion to adopt Ordinance No. 56, 1994 on Second Reading was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. I Councilmember Reports Councilmember Janett encouraged the community to participate in the "Don't Drive One in Five" campaign. She invited the community to attend the Earth Day activities. Councilmember Horak stated he participated with the Martinez Park Neighborhood Association, Releaf, Public Service and the City of Fort Collins in planting trees throughout the Martinez Park Neighborhood. Resolution 94-68 Accepting the Report of the Director of neering and Directing Staff to Proceed with the The following is staff's memorandum on this item. "EXECUTIVE SUMMARY At their April 5 meeting, City Council directed the Engineering Department to delay cutting any trees along Shields Street in conjunction with two Choices 95 projects: Prospect/Shields Intersection, and Shields --Laurel to Prospect. Staff has met with CSU and with representatives of RELEAF. As a result of those ' 259 April 19, 1994 1 meetings, at least ten and possibly twelve of the trees originally slated for removal will be saved by changing the location of sidewalks along the project. Staff has also re-evaluated pedestrian safety at the right turn lanes and at the signal near Bennett School, and believes that pedestrian safety will, overall, be enhanced by the proposed construction. BACKGROUND: In March 1989 voters approved a 114 cent sales and use tax to fund the Choices 95 Capital Improvements Program. This program included twelve streets/transportation capital projects to "improve traffic safety and provide for increased capacity of major streets and intersections." Two of the twelve projects were: Prospect/Shields Intersection, and Shields --Laurel to Prospect. The Choices 95 transportation projects had been selected by committee of citizens and included several residents of the Prospect/Shields Neighborhood. The original scope of the project included a 10 foot wide combination bikeway and sidewalk on each street of Shields Street, and right turn lanes at Laurel, Elizabeth, and Prospect. Between December 1991 and December 1992, there were a total of eleven open houses and public meetings to receive public input on the proposed improvements. From that public input, Council directed staff to change the scope of work to replace the combined bikeway/sidewalk with 5 foot wide on - street bicycle lanes and attached 6 foot wide sidewalks in January 1993. ' At their January 1993 meeting, Council had directed staff to work closely with the neighborhood to develop a streetscape/landscape plan which protected and enhanced the unique character of the neighborhood. Throughout the spring and summer of 1993, this streetscape/landscape plan was developed and approved, and negotiations with individual property owners for the needed right-of-way began. A total of eighty trees were identified for removal in conjunction with the project: 21 trees which were unsafe, unhealthy, or dead; 22 trees to be removed at the request of the property owners; and 37 trees in direct conflict with the proposed improvements. In late March 1994 these trees were marked for removal, set to begin the first week in April. This prompted additional public input. At a public forum on April 4, a number of citizens expressed concern about the number of trees being removed to accommodate additional vehicle traffic. At their meeting the following day, City Council directed the staff to delay cutting down any of the trees along Shields Street for two weeks to determine if any additional trees could be saved by changing the location of the sidewalk. Since the last Council meeting, staff has met with CSU to discuss the trees and sidewalk location on university property. Early in the design process, City staff had proposed constructing the sidewalk around seven trees on CSU's property to avoid removing them. At the time, CSU had requested that the seven trees be removed because of maintenance concerns about the proposed sidewalk location and because the tree locations did not fit their long term landscape plan for this ' 260 April 19, 1994 portion of Shields. After listening to the community concerns about the trees, CSU is now willing to take on the additional maintenance burden and modify their long range plan in order to save the seven trees. The City has also re-evaluated two trees on the CSU property which were to be removed because of their close proximity to the proposed improvements. Staff now plans to leave these two trees in place and try to limit the disruption immediately adjacent to them to improve their chances for survival. On April 10, staff met with representatives of RELEAF and walked the length of the project. As a result of this meeting, two additional trees have been identified which might be saved if the property owners are willing to let them remain. Staff will be working with these two property owners in the next few days to try to effect this change. Prior to meeting with RELEAF, staff had worked with Plymouth Congregational Church to save on additional tree on that site. The changes in sidewalk locations and work with property owners will save at least 10 and possibly 12 trees which had been slated for removal. The total number of trees which will be removed is now 68 to 70 trees. The relandscaping effort still includes 140 new trees, 500 shrubs, and 1,000 groundcover and flower plantings. During the two week delay, staff has also been looking at the issue of pedestrian safety at the right turn lanes and at the issue of flashing warning lights at the traffic signal near Bennett School. Signs and changes in the traffic signal timing will help pedestrians as they cross the right turn lanes. A change in the signal at Bennett from a pedestrian activated signal to a fully operational signal eliminates the need for the warning flashers. The bikeway next to the curb and gutter also buffers pedestrians from vehicle traffic, and should create a safer pedestrian environment along the street. Additional information about the trees, right turn lanes, and pedestrian safety issues is provided in the report to the City Council from the Director of Engineering dated April 13, 1994. Staff is recommending that the changes in sidewalk location to save the 10 to 12 trees should be incorporated into the Shields Street projects, and that the projects should proceed to construction." Marc Engemoen, Engineering Manager, stated the City met with CSU, property owners, and Releaf and have reduced the number of trees to be taken down from 80 to 70 or 68. He stated the majority of the trees saved are located on the CSU campus. CSU agreed to allow the City to change the location of the sidewalks which would save nine trees. He stated there are two trees that are located on private property and the City is waiting for the owners consent to let the trees stay on the property. He stated placing the bikelanes on the street provides for a safer environment. He stated the right turn lanes provide for a safer ' environment because the bicyclist or pedestrian can anticipate that the vehicle 261 April 19, 1994 is going to turn right. He stated the pedestrian activated signal at the intersection near Lake Street and Shields Street will be replaced by an operational signal that cycles throughout the day. He stated a median will be constructed down Shields Street from University to Plum to prevent people from making left turns. Rick Ensdorff, Director of Transportation, stated an assessment of the level of service for intersections is a measure of the average total delay of vehicles. He stated without the construction of right turn lanes the level of service would decrease rapidly in the future. He stated the Shields/Laurel intersection is currently at a level of service "E", Shields/Prospect intersection is working at a level of service "E", and the Shields/Elizabeth intersection is working at a level of service "F". He stated with the right turn lane improvements it would bring the Shields/Laurel intersection up to a level of service "C", the Shields/Elizabeth intersection up to a level of service "D", and the Shields/Prospect intersection up to a level of service "D". Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Resolution 94-68. Councilmember Janett asked about the original objectives for Shields Street. Engemoen stated the original improvements were going to consist of a ten foot wide combination sidewalk/bikeway on either side of Shields Street. He stated ' that idea gradually evolved into a separated system. He stated the original improvements for Choices 95 did include right turn lanes at the three intersections to provide greater safety and to reduce congestion as well. Councilmember Janett asked about the initial concerns the citizens had with regard to Shields Street. Engemoen stated the main concern was bicycle safety. He stated vehicles, bicycles, and pedestrians were competing for travel space. Councilmember Janett asked if the peak hours for CSU relate to the employee hours and if CSU has reviewed flextime alternatives to decrease the traffic flow on Shields Street. Ensdorff stated the majority of traffic on Shields Street during the peak hours is general city traffic. He stated the percentage of those vehicles travelling to CSU is around 25 to 30 percent. Councilmember Apt stated the right turn lanes may create more danger for pedestrians and cyclists because automobiles will increase speed in anticipation of making a right turn. He asked if the construction of right turn lanes were specifically to address the performance of the peak hours. 262 1 April 19, 1994 Ensdorff stated the performance during the peak hours would significantly be improved due to the construction of the right turn lanes. He stated the right turn lanes would increase performance during all times of the day and week. He stated a right turn bay increases the capacity of the intersection without making major changes to signals. Councilmember Apt stated that not only does automobile traffic increase during the peak hours, but the bicycle/pedestrian traffic increases as well. He believed because of the increase in all three forms of transportation that the right turn lanes would not be safe for bicyclists or pedestrians. Councilmember Horak offered an amendment to the motion, seconded by Councilmember Apt, to remove the right turn bays from the project. City Manager Burkett asked staff to present the types of impacts on the design and scheduling of the project if the right turn lanes were removed. Engemoen stated if the right turn lanes were eliminated there would need to be significant redrafting of the plans. He stated it would take staff approximately two months to work on the additional drafting and changes. He stated after the additional changes were made then the project would need to be rebid. He stated the improvements to Shields Street are planned when CSU is no longer in session. He stated the construction would then be delayed to the summer of 1995. ' Councilmember Horak asked how much the cost of the project would decrease without the construction of the right turn bays. Engemoen stated the construction costs saved would be approximately $30,000 at each location for a total of $90,000. He stated approximately $50,000 would be saved in right-of-way acquisition costs particularly associated with the Shields/Elizabeth intersection. He stated the approximate total savings for the project would be $140,000. He stated the extra design work to redraft the plans would be around $20,000 - $30,000 which would provide a total net savings of approximately $110,000. Jeff Bridges, 725 Mathews, stated the right turn lanes on southbound Shields onto Elizabeth are where the improvement is most needed. He stated the delay posed to vehicles is two traffic signal rotations. David Roy, 1039 West Mountain, stated he favored the amendment to the Resolution. He stated the addition of right turn lanes will not solve the transportation problem in the city. He believed the more lanes provided to motorists, the less likely other forms of transportation will be used. 1 263 April 19, 1994 Ward Luthi, 1630 West Swallow, stated he favored the amendment to the Resolution. He believed the construction of right turn lanes will increase the capacity of automobiles which will decrease the air quality for the city. He stated expanded roadways invite more users and therefore increase congestion. He believed this project was a waste of taxpayer money and a decrease in the quality of life for the citizens of Fort Collins. Roland Mower, 1626 Alcott Street, stated he did not support the amendment. He believed the amendment is inconsistent with the voters' intent. Ken Bonetti stated the savings from this project should be used to improve the public transportation system. He believed the right turn lanes would undermine the theory of alternative modes of transportation. He stated that traffic and congestion will increase significantly if the right turn lanes on Shields Street are constructed. He urged Council to adopt the amendment to the Resolution. Joe Stern, 1221 Laporte Avenue, urged Council to promote more frequent bus service for the citizens of Fort Collins. Kelly Ohlson, 2040 Bennington Circle, stated he supported the amendment to the Resolution. He stated the amendment will save the City over $100,000, preserve the trees, and maintain the air quality of the city. He stated that not constructing the right turn lanes will promote more usage of Transfort. ' Don Keller stated he supported the amendment to the Resolution. Councilmember Smith stated he supported the amendment to the Resolution. He stated that not constructing the right turn lanes encourages the citizens of Fort Collins to look towards other forms of transportation. Councilmember Apt stated he supported the amendment to the Resolution. He believed it was unnecessary to construct right turn lanes for a few hours a day of traffic congestion. He stated there are several safety concerns for bicyclists and pedestrians which will be increased if the lanes were constructed. Councilmember McCluskey stated he would not support the amendment to the Resolution. He believed the community voted for the right turn lanes and their votes should be upheld. Councilmember Janett stated she supported the amendment to the Resolution. She stated the City should not accommodate traffic, but accommodate the needs of safe alternative transportation and air quality. 264. April 19, 1994 ' Councilmember Kneeland stated she would not support the amendment to the Resolution. She stated that not constructing the right turn lanes will purposely create a gridlock situation.. She believed the goal of Fort Collins is to reduce single occupancy vehicle trips by 10 percent. She believed the City needs to provide the infrastructure to make multi -modal transportation a reality. She believed the voters of Fort Collins are in favor of this project as originally designed. Councilmember Horak disagreed that amendment to delete the right turn lanes from the project will cause gridlock. He stated the deletion of the right turn lanes from the project will provide greater safety for the pedestrian and bicyclists. Mayor Azari stated she would not support the amendment to the Resolution. The vote on Councilmember Horak's amendment to Resolution 94-68 was as follows: Yeas: Councilmembers Apt, Horak, Janett, and Smith. Nays: Councilmembers Azari, Kneeland, and McCluskey. THE MOTION CARRIED. Roland Mower, 1626 Alcott Street, urged Council to receive additional public input on the project prior to any final decisions. ' Larry Mathews, 2844 Eagle Drive, stated he supported saving the trees along Shields Street. He stated the majority of bicyclists and pedestrians are headed for CSU and that safety is a key issue. Greg Long, representative of Fort Collins Re Leaf, urged the saving of healthy trees along Shields Street. He believed the community objects to the removal of any trees along Shields Street to improve automobile traffic. He stated Re Leaf views do not reflect the saving of trees over bicyclist and pedestrian safety, but to compromise between all components for a better project. Joe Stern, 1221 Laporte Avenue, suggested that the new plan for the project incorporates a bike path only the east side of Shields Street. Scott Allen, representative of Fort Collins Re Leaf, stated he supported the Resolution and the saving of the trees along Shields Street. Jeff Bridges, 725 Mathews, stated he opposed the loss of a right turn lane at Shields and Elizabeth. He believed that by not constructing the right turn lane traffic congestion will be extremely great and the safety of the pedestrians and bicyclists will decrease as time passed. ' 265 April 19, 1994 Harold Worth, 1501 South Shields Street, stated the final report of the Choices 95 Committee made it very clear that widening Shields Street was not part of the recommended project, but that pedestrian and bicycle accommodations were to be placed outside the street bed on a ten foot right-of-way. He stated the Shields Street neighborhood does not support the project as proposed. He urged Council to adopt the Resolution as amended. Dana, CSU Student, urged Council to adopt the Resolution. She believed the aesthetic quality and quality of life are better for the community if the right turn lanes are not constructed. Gini Conahan, 4107 Mount Vernon Court, stated she supported the amendment to the Resolution but asked that the vote on the Resolution be delayed to allow time for a "Tree Committee" between the public and staff to be formed. She stated the community as a whole does not want to lose the trees along Shields Street to accommodate automobile traffic. Female CSU student stated one bikelane should be constructed along the eastside of Shields Street instead of two bikelanes. She believed one bikelane could accommodate the bicycle traffic on Shields Street. Kate Macido, Front Range Community College student, believed one way to address safety along Shields Street is to assign a traffic officer to facilitate traffic. Amy Williams, CSU Student, stated she supported the Resolution as amended. She , believed the removal of the right turn lanes from the project enhances the safety for pedestrians and bicyclists along Shields Street. Ward Luthi, 1630 West Swallow, stated he supported the changes to the Resolution and the saving of the trees. He suggested constructing an underpass on Shields Street for pedestrian and bicycle traffic. Councilmember Janett stated she supported the Resolution. She stated the community has a responsibility to realize that bicycles have a right to commute on the streets of Fort Collins. She believed it was important to construct bikelanes and sidewalks on both sides of Shields Street. She stated the bicyclists also have the responsibility to obey traffic laws just as automobiles must obey the laws. Councilmember Kneeland stated she would not support the Resolution. She believed the concerns with regard to congestion, safety, air quality management, and the voters decision have not adequately been addressed. Councilmember Horak stated he would support the Resolution as amended. He believed the Choices 95 ballot issue addressed various projects as a whole and allowed Council flexibility with regard to any redesigning that is needed. 266 April 19, 1994 ' The vote on Councilmember Kneeland's motion to adopt Resolution 94-68 as amended was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, McCluskey, and Smith. Nays: Councilmember Kneeland. THE MOTION CARRIED. Resolution 94-69 Authorizing the Implementation of Route 10 of the Transit Development Plan 1991-1995, Adopted as Amended The following is staff's memorandum on this item. "FINANCIAL IMPACT This action implements route 10 of the Transit Development Plan 1991-1995 at a cost of approximately $200,000 annually. Financial resources for this route were approved in the 1994 City budget. There are no additional funds required•in 1994. EXECUTIVE SUMMARY Transfort continues the implementation of the Transit Development Plan 1991-1995 (TDP). As a part of that effort, route 10 will provide hourly service along the east Prospect corridor beginning in August 1994, which will complete the first service level of the current TDP. f:1I11.7e1111111101 During the March 22, 1994, worksession with City Council, Transfort staff provided a presentation on service enhancement options to existing transit services. Those options included: 1) Evening service - two hours each day; 2) Evening service - four hours each day; 3) Route 10; and 4) a southeast area route. Staff recommended City Council implement Route 10 as the best alternative because it: 1) provides service in east central Fort Collins, 2) completes the first service level of current Transit Development Plan 1991-1995, and 3) provides the most ridership at the lowest cost. The Transit Development Plan 1991-1995 contains ten (10) Transfort routes. However, up to now only nine (9) routes have been implemented and serviced by Transfort. With this action, route 10 of the Plan will be implemented. 1 267 April 19, 1994 Council expressed the commitment to serving the transportation needs of the transit dependent and CSU students; however, times have changed and the City must look to serving the entire population in all quadrants of the city. Council asked staff to work closely with Poudre R-1, investigate different ways to implement evening services, and determine the impact of reduced youth fares. Poudre R-1 Transportation Department and Transfort work closely on planning and operational issues. The attached memo details the areas of cooperation. Evening service (four hours) could be provided in different ways. For example, extending all day time routes to 10:30 p.m., Monday through Saturday could be accomplished with the existing fleet at a 1994 cost of $569,000; or at a minimum, four mini buses could be scheduled until 10:30 p.m. Monday through Saturday at a minimum cost of approximately $200,000 in 1994. Transfort staff could develop other scenarios, but will need a few months to determine impacts, ridership, and firm cost projections. Council also requested the impact if no youth fares were charged. Based on 1994 projections, there would be a $6,500 drop in revenue and ridership (104,000 in 1993) should increase about 30% to 135,000." John Daggett, Transfort Manager, stated Route 10 will operate in the Prospect Corridor. He stated Route 10 provides service to east/central Fort Collins and produces the most ridership at the lowest cost. ' Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Resolution 94-69. Councilmember Horak offered an amendment in the NOW, THEREFORE paragraph after "said route" adding the following: "and allocates the sum of One Hundred Twelve Thousand Dollars ($112,000) of previously appropriated funds to be used for such purpose." Councilmember Smith accepted the amendment as a friendly amendment to the original motion. The vote on Councilmember Smith's motion to adopt Resolution 94-69 as amended was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. r9M April 19, 1994 Ordinance No. 67, 1994 Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of the Appropriation to the Golf Fund. Adopted as Amended The following is staff's memorandum on this item. "FINANCIAL IMPACT If Ordinance No. 67, 1994 is approved, up to $59,533 could be appropriated from General Fund Prior Year Reserves and transferred to the Golf Fund. This would reduce General Fund Prior Year Reserves to $3.5 million. EXECUTIVE SUMMARY On November 16, 1993, Council unanimously approved Resolution 93-177, establishing and revising fees to be charged at City Park Nine, Collindale, and SouthRidge Golf Courses for 1994. Councilmembers noted that the golf fees provide for specific reductions from the basic or regular fee rates for special users/circumstances, and amended the Resolution to add Section 2 stating ". Council may, in its discretion, appropriate General Fund revenue for capital improvements or equipment at the golf courses, to the extent that the Golf Fund revenues have been reduced by the availability of special rates for juniors, ' senior citizens, and others...". In 1993, the Golf Fund absorbed $69,533.50 in various fee reductions for special users/circumstances. Therefore, it is now requested that up to $69,533 be appropriated from General Fund Prior Year Reserves and transferred to the Golf Fund to be used in 1994 for capital improvements or equipment at the City's golf courses (per Section 2, Resolution 93-177). Staff recommends that this Ordinance not be adopted, reaffirming the City's current policy that the Golf Fund is to be operated as an Enterprise Fund, as it has been historically operated in Fort Collins since inception. BACKGROUND: During Council discussion of Resolution 93-177, Councilmembers expressed their praised the Golf Board and staff for developing the fees and charges structure and setting into motion a )onger-term plan for future fee increases as they become necessary. Councilmembers noted that the fee structure provides for certain reductions from the basic or regular fee rates for special users such as senior citizens, juniors, families, etc., or for special circumstances such as financial or medical needs. These fee reductions are very similar to those provided in the Recreation Fee Policy and paid for from the General Fund as the "Community Good" portion of revenues generated. Historically, golfers and the Golf Fund have fully absorbed all of their discounts. As a result of discussion, Council amended Resolution 93-177 to add a new Section 2 stating the following: 269 April 19, 1994 "Section 2. The Council may, in its discretion, appropriate General Fund revenue for the construction of capital improvements or the acquisition of equipment at the golf courses, to the extent that Golf Fund revenues have been reduced by the availability of special rates for juniors, senior citizens, and others." As staff understood it from the Council discussion, staff's direction is to provide Council with a report which details the specific fee reductions, and to provide Council with a listing of the capital improvements desired. Council may then appropriate whatever amount of money it deems appropriate from the General Fund to the Golf Fund for these capital purchases. In 1993, the Golf Fund absorbed $69,533.50 in the various fee reductions for special users/circumstances as follows: Annual Pass Discounts (off the Base Rate of $380) Seniors 324 x $ 95 discount = $30,780.00 Juniors 66 x $190 discount = 12,540.00 Students 39 x $ 95 discount = 3,705.00 Family Spouses 33 x $ 95 discount = 3,135.00 Family 1st Child 21 x $285 discount = 5,985.00 Family Second Child 3 x $285 discount = 855.00 Family Third Child 1 x $380 discount = 380.00 ' Total Annual Pass Discounts $57,380.00 Annual Pass Financial/Medical Discounts (off reduced rates) Senior Sunbirds 8 = $ 700.00 Seniors 7 = 607.50 Adults 7 = 1,320.00 Spouse 1 = 142.50 Students 2 = 190.00 Family 1st Child 2 = 95.00 Total Additional Annual Pass Discounts $ 3,055.00 Junior Green Fee Reductions (off Regular Rates): Total Junior Green Fee Reductions: 234 x $3.00 discount = $ 702.00 270 1 April 19, 1994 Senior/Medical Golf Car Discounts (Base rates of $16.00/$10.00) City Park Nine 18-holes 18 x $4.00 discount = $ 72.00 City Park Nine 9-holes 577 x $2.50 discount = 1,442.50 Co77inda7e 18-ho7es 660 x $4.00 discount = 2,640.00 Collinda7e 9-holes 608 x $2.50 discount = 1,520.00 SouthRidge 18-holes 483 x $4.00 discount = 1,932.00 SouthRidge 9-ho7es 316 x $2.50 discount = 790.00 Total Golf Car Discounts $ 8,396.50 Grand Total of A77 Fee Reductions $ 69.533.50 1994 Capital Outlay Expenses At the November 16 Council meeting, Mayor Pro Tem Horak asked staff what the amount of the special fee reductions amounted to in dollars. The staff estimate of $40,000 was short by nearly $30,000, but was offered as the probable amount of discounts provided. Therefore, Councilmembers may have an expectation of providing $40,000 or some other amount less than the full $69,533 to the Golf Fund for the purposes described in Section 2 of Resolution 93-177. At its meeting of January 19, 1994, the Golf Board voted 7-1 to recommend a list of $69,533 of visible capital outlay improvements or purchases for 1994 for the purposes approved by Council in Resolution 93-177. The Golf Division staff then prioritized the capital improvement items into a cumulative list. If Council adopts the Ordinance and appropriates/transfers the funding, but agrees that the amount of the funding should be less than $69,533, an acceptable amount of funding from the cumulative list, and the Ordinance will be corrected to match the amount of funding chosen. Project Amount Cumulative 1. Golf Car Path Paving at Col7inda7e $15,000 $15,000 2. Bridge Reconstructions at City Park Nine $ 5,500 20,500 3. Additional Golf Car Path Paving at Collindale* $10,000 30,500 4. Golf Car Path Paving at SouthRidge $10,000 40,500 5. Snack Bar Tables, Chairs, Upgrades at Co7linda7e $ 3,000 43,500 6. Drinking Fountain (#7) at City Park Nine $ 1,000 44,500 7. Pump Station (#5) Repairs at SouthRidge $ 7,700 52,200 8. Trees for SouthRidge $ 4,000 56,200 9. Concrete Materials Holding Pit at City Park Nine $ 3,500 59,700 10. Bridge Repairs at SouthRidge $ 4,000 63,700 11. Clubhouse/Patio Improvements at SouthRidge $ 5,833 69,533 *Deferred project from 1993 271 April 19, 1994 A11 of the above projects are on the Golf Fund five-year capital improvements list and were not budgeted for in 1994 because of the Golf Revenue Shortfall of 1993. Historically, capital outlay expenditures in the Golf Fund are budgeted as a lower priority with whatever available funding left over after all required and necessary operation, maintenance, and capital equipment costs are budgeted. It should be noted that the Americans with Disability's Act (ADA) improvements, totalling $15,000 along with a replacement mower and replacement of 13 golf carts will be done in 1994; the replacements will be covered by operational funds. Five -Year Capital Improvements List/Available Fundiin Generally speaking, annual Golf Fund budgets include all required and necessary funding for Personal Services, Contractual Services, Commodities, Lease/Purchase Capital Equipment, and Transfers/Other Expenses for all three City golf courses. As an Enterprise Fund, all Golf Fund expenditures are required to be paid for by Golf Fund revenues and reserves. As previously noted, Capital outlay expenditures become the next priority based upon available funding. If revenues are lower than desired, staff acquires the amount of Capital Outlay needs it can afford, and the remaining needs are deferred to later years when funding will become available. In some years almost all of the desired Capital Outlay expenditures have been acquired, and in other years very little has been acquired. It totally depends on the revenue cash flow situation. Over the last ' 10-year period, golf fees and charges have been increased roughly five percent annually on average, and staff anticipates the need for similar fee increases to continue into the future. However, the need for supplemental or additional revenues will probably be required to continue to acquire all of the Capital Outlay or make the physical improvements needed on the courses over the next five -to -eight years. The City's Golf Fund five-year Capital Outlay list (copy attached) contains more proposed expenditures than there is adequate funding available as projected in the 1994 Budget Golf Fund Comparative Statement of Income for the years 1994 through 1998. This can be illustrated as follows: 1994 1995 1996 1997 1998 Capital Outlay Needs $138,000 $172,000 $105,000 $142,000 $127,027 Projected Available Funding 15.000 25.000 58,050 89,599 MZ1 Short Fall $123,000 $147,000 $ 46,950 $ 52,401 $ 5,759 The total five-year projected shortfall for Golf Fund Capital Improvement Needs is $375,110. The largest portion of that amount, $250,000 over five years, represents the unfunded need to replace and renovate the 25 year old irrigation system and pumps at Collindale Golf Course. This is the most critical unfunded Capital improvement expenditure in the Golf Fund between now and the year 2000. 272 April 19, 1994 ISummary/Recommendation Rationale The Golf Board and Golf Division staff are pleased that Council is considering supplementing the Golf Fund to help pay for Capital Improvement needs at the three City golf courses. It is understood that golf will be competing annually with other City funding needs, and it is appreciated that Council now considers the Golf Courses to be in a similar situation to the Recreation Fund with regards to supplementing user fee revenues with taxpayer revenues to accommodate the reduced fee structures for senior citizens, juniors, families, and medical needs as the "Community Good" value of municipal golf in Fort Collins. However, staff does not support this appropriation and transfer ordinance, and recommends that Council reaffirm its current policy that the Golf Fund is to be operated as an Enterprise in the City of Fort Collins. The financial environment in which the City operates is changing dramatically during the 90's, and there are many pressures which require the City to operate more efficiently and to explore new ways of providing services, other than general taxpayer support. There is an increasing need for the City to operate as many services as possible in a more business -like fashion with users paying for the services they receive. Staff believes it was appropriate for the City Council to initially establish golf as an Enterprise Fund, and believes there are even more persuasive reasons to continue that approach now and in the future. ' Amendment One imposed constraints on the City's expenditures and revenues. Given these constraints, staff does not believe it is prudent to take a successful Enterprise operation and provide a taxpayer subsidy. In northern Colorado, golf is becoming a viable private sector enterprise. Golf is not a service that the City of Fort Collins is mandated to provide. Staff believes that there is a distinction between golf and other recreation services the City provides because of the ability of the private sector to provide the service, and the historic ability to raise golf fees and charges to cover all golf course operating and maintenance costs, and because of the City's past tradition of golf as an Enterprise activity. Staff does not believe that the problems caused by the recent financial shortfall, nor the issue of golfers subsidizing special users is sufficient to change its philosophy from one of an Enterprise to a taxpayer - subsidized operation. Finally, it is the role of staff to make recommendations to the Council that focus primarily on the efficient and effective operation of the City and to operate in such a way that minimizes the demand for taxpayer dollars. Staff's recommendation could likely be unpopular with the Golf Board and to the golfing community, and staff anticipates that Council could be "lobbied" to go against staff's professional recommendation. Staff does not want to sacrifice its professional judgement, however, in order to make a recommendation that may be more popular politically. The City is often criticized for not operating efficiently or in a business -like fashion and for increasing costs for its services. The Golf Fund represents a very obvious opportunity to provide a high quality service for the residents of the community who are willing to pay the ' 273 April 19, 1994 costs of that service, and at the same time not burden the taxpayers with ' additional costs for services they will not use. If there remains the question of why special fee reductions in golf .are provided, Council may suggest that staff and the Golf Board review the whole issue, and report back to Council later in the year to determine if such fee reductions should be offered in the future." Mike Powers, Director of Cultural, Library, and Recreational Services, stated the Golf Fund is to be operated as an Enterprise Fund. He stated golf fees often offer discounts to select group within the community which could provide for lost revenue. He stated the majority of discounted fees are provided for seniors, juniors, students, and families. He stated there are a few discounts provided for financial and medical need users of the courses. He stated the subsidy would be used for capital improvements and capital renovations to the golf courses. Henry Fry, representative of the Golf Board, stated seniors receive a 25 percent discounted annual pass and pay a per play fee. He stated it's difficult to raise the revenues for capital improvements and to maintain the quality of the golf courses through golf fees. Councilmember McCluskey made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 67, 1994 on First Reading, appropriating $43,320 from prior year reserves in the General Fund to the Golf Fund. Councilmember McCluskey stated there are several capital needs in the Golf Fund. ' He stated that in the next five years, capital needs for the courses are going to amount to over $100,000 a year and $250,000 over the next five years to improve the irrigation system at Collindale. Hank Hoesli, Golf Boardmember, stated he opposed the way the recommendation was presented to Council. He believed that a mid -management staff person should be allowed to express his opinion to Council without interference, pressure or dictation of the manager. He believed the Golf Fund is not an Enterprise Fund and should not be referenced as one. He stated Council should consider funding the ADA requirements that are for the general good of the public and not for the golfers themselves. Councilmember Horak stated he would support the Resolution. He urged the Golf Board to review the fee structure to make sure there is enough money for capital improvements in the future. The vote on Councilmember McCluskey's motion to adopt Resolution 94-69 was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. 274 1 April 19, 1994 Ordinance No. 59, 1994 Amending Chapter 2, Article II, Division 3, of the Code Pertaining to the Presentation of Appeals to the City Council, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on April 5, would make certain changes to the Code provisions which prescribe the procedure for appeals to the City Council from boards or commissions of the City. The primary change approved by Council on first reading was an amendment dealing with the scope of Council's review on appeal. Under the option chosen by the Council, the ordinance would eliminate the "abuse of discretion" standard presently contained in the Code. This would, in effect, enable the Council -to substitute its judgment for that of the board or commission in deciding whether the relevant provisions of the Code and Charter had been properly interpreted and applied in each particular case on appeal." Councilmember McCluskey stated he pulled the item because he voted against the Ordinance on First Reading. ' Councilmember Horak made a motion, Seconded by Councilmember Apt, to adopt Ordinance No. 59, 1994 on Second Reading. The vote on Councilmember Horak's motion to adopt Ordinance No. 59, 1994 on Second Reading was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett,. and Smith. Nays: Councilmembers Kneeland and McCluskey. THE MOTION CARRIED. Other Business Resolution 94-71 Assigning a Councilmember as Liaison to the Youth Advisory Board, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Resolution appoints a Councilmember to act as the liaison to the Youth Advisory Board, which was created by Council adoption of Ordinance No. 58, 1994 on second reading earlier in the agenda. Council will need to select a Councilmember prior to adoption of the Resolution." 1 275 April 19, 1994 Councilmember McCluskey made a motion, seconded by Councilmember Horak, to adopt Resolution 94-71 appointing Will Smith as Council Liaison to the Youth Advisory Board. The vote on Councilmember McCluskey's motion to adopt Resolution 94-71 was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. Councilmember McCluskey asked for a two page memo regarding the survey and truck traffic along Jefferson Street. Councilmember Janett asked for.a summary of the objectives in the 287/Highway 14 study and what options there are to amend the objectives. Councilmember Horak made a motion, seconded by Councilmember Apt, to direct staff to provide information on how to implement the reduction in youth fares for Transfort. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Apt asked for an analysis from staff on extended evening hours of Transfort. ' Councilmember Janett made a motion, seconded by Councilmember Smith, to direct staff to provide the Planning and Zoning Board, at the time of the annexation hearings, with additional information on the proposed use of the land to be annexed, current zoning, what the current land use and zonings are for surrounding properties, what if any significant costs would be to the City for infrastructure improvements, and what the Master Street Plan states for a particular annexation. The vote on Councilmember Janett's motion was as follows: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. Mayor Azari asked Councilmembers to provide schedules on their availability for Boards and Commissions interviews to Rita Harris in the City Clerk's Office. She reminded the public that the Boards and Commissions applications need to be turned in by 5:00 p.m. on April 22, 1994. She stated the Commission on Disability suggested to Council to review the possibility of organizing a volunteer corp to enforce handicapped parking regulations. Councilmember Smith stated that people need to take care with regard to Community Policing and not to participate in vigilante justice. He asked staff to research expanding law enforcement responsibilities, not just for handicapped parking, but other areas to the community or volunteer corps. ' 276 April 19, 1994 1 Councilmember Horak made a motion, seconded by Councilmember Smith, to adjourn the meeting to Tuesday, April 26, 1994, to receive a status report from staff regarding the Shields Street project. The vote on Councilmember Horak's motion to adjourn the meeting to April 26, 1994, was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Janett stated she was frustrated with the affordable housing item in regards to the information that was provided to Council. Councilmember Smith reminded the community about the Open House at 6:30 p.m. on Thursday, May 21, 1994, at Platte River Power Authority for Districts 2 and 3. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adjourn the meeting to 6:15 p.m. on Tuesday, April 26, 1994. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays: None. THE MOTION CARRIED. Adjournment ' The meeting adjourned at 10:20 p.m. t Mayor ATTEST: LLW mil,.0 ClerkCity 1 277