HomeMy WebLinkAboutMINUTES-03/19/1991-RegulartMarch 19, 1991
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,
March 19, 1991, at 6:30 p.m. in the Council Chambers in the City of Fort Collins
City Hall. Roll call was answered by the following Councilmembers: Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen ParticiDation
Beatriz Alonso, 2630 Brookwood Drive, stated she has contacted several
organizations in Fort Collins regarding previous concerns and reported she has
not received satisfactory assistance with her problems.
Dan Fauver, a Fort Collins resident, spoke of police brutality issues and
statistic in Larimer County and Northern Colorado in light of the recent
publicized police brutality incident in Los Angeles.
Frank Horenkamp, 3505 N. Highway 287, Overland Trail Park #6, stated he had
designed a t-shirt that he would like to present to each soldier in the Gulf
war and asked Council if they knew of person or organization that would fund his
project.
Al Baccili, 520 Galaxy Court, spoke in opposition to the City Manager's salary
increase.
Agenda Review
City Manager Steve Burkett requested Item #14, Resolution 91-45 Finding
Substantial Compliance and Initiating Annexation Proceedings for the Buderus
Annexation, be withdrawn from the Consent Calendar.
Councilmember Mabry requested Item #11, Hearing and First Reading of Ordinance
No. 33, 1991, Authorizing the Sale of Certificates of Purchase Issued by the
Larimer County Treasurer for Unpaid Special Assessments in the Boardwalk Special
Improvement District #77, be pulled from the Consent Calendar.
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March 19, 1991
Councilmember Horak requested Item #17, Resolution 91-48 Authorizing the City
of Fort Collins to Enter Into a Farm Lease Agreement with Greg S. Walker, be
withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
off the Consent Calendar and considered separately. Agenda items pulled from
the Consent Calendar will be considered separately under Agenda Item #21, Pulled
Consent Items.
6. Items Pertaining to the Burns Annexation and Zoning.
7.
A. Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46
Acres, Known as the Burns Annexation.
B. Second Reading of Ordinance No. 81, 1990, Zoning Approximately 46
Acres, Known as the Burns Annexation, into the R-F, Foothills
Residential, Zoning District.
On July 17, Council unanimously adopted Resolution 90-105 Setting Forth
Findings of Fact and Determinations Regarding the Burns Annexation and '
Zoning.
On July 17, Council also unanimously adopted on First Reading Ordinance
No. 80, 1990 and Ordinance No. 81, 1990, which annex and zone approximately
45.65 acres located west of Overland Trail and south of Drake Road
(extended). The requested zoning is the R-F, Foothills Residential
District. The property is largely undeveloped, two single-family
residences are located on the property. The property is currently zoned
FA-1, Farming in the County. This is a voluntary annexation.
At the request of the applicant, consideration of the annexation was
postponed to this date.
This Ordinance, which was unanimously adopted on First Reading on February
19, requires that any new or remodeled fireplace must be a gas appliance,
an electric device, or a certified wood stove insert. The ordinance also
includes non -substantive changes that simplify Section 5-110 and make it
internally consistent.
The intent of the ordinance is to reduce future degradation of air quality
by capping the amount of wood smoke from fireplaces at the current level. ,
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It does not ban all fireplaces, rather it requires that new fireplaces use
clean -burning alternative fuels or be equipped with low -pollution
technology. This requirement is parallel to the current requirement for
new wood stoves, which can, be installed only if they are equipped with low -
pollution technology.
This ordinance does
stoves, rather it
increasing. Smoke
proposals.
not affect wood smoke from existing fireplaces and
seeks only to prevent the amount of smoke from
from existing units will be addressed in future
On March 5, Council unanimously adopted Resolution 91-36 which authorizes
the Mayor to enter into an agreement between the City and Colorado State
University to implement a joint Urban Community Recycling Support Program
Grant. This Ordinance, which was unanimously adopted on First Reading on
March 5, appropriates the grant funds.
The Land Development Guidance System seeks to encourage the use of energy
conserving systems and measures in new non-residential development by
providing an incentive for using such systems and measures in the
development. This incentive is awarded during the land use review of a
development plan, as a specific number of points and counts toward
achieving the minimum percentage required on the Land Use Activity Point
Charts.
There are no clear standards to use in evaluating and awarding energy
conservation points for non-residential planned unit developments. This
Ordinance amends Section 29-526 of the Code (the LDGS), creating clear
standards, in the form of the "Energy Conservation Methods". The Ordinance
proposes two methods to use for evaluating and awarding energy conservation
points for non-residential PUD's. These methods define the specific
requirements for achieving each point level for the Energy Conservation
Criterion and replace the existing point levels (0 - 2) with a wider range
of points (0 - 4).
This project was identified during the recently completed LOGS Performance
Audit as a project of high importance, that will help bring consistency
to the development review process, while encouraging energy conservation.
While the proposed Ordinance does not address broader policy issues of
whether energy conservation should be mandated, it does provide clear
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March 19, 1991
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standards as an incremental step toward encouraging the use of energy
conservation measures in new development in Fort Collins.
The Planning and Zoning Board recommended adoption of the proposed
Ordinance with a condition that the success of the Energy Conservation
Methods be evaluated after one year.
During the Performance Audit of the LDGS that was completed in October,
1990, a small but important issue arose as a result of input received from
the private sector. In discussing master plan changes it became apparent
that many people consider the name "Master Plan" to mean the equivalent
of "City comprehensive plan" (i.e. Master Street Plan, Parks and Recreation
Master Plan, etc.). The name should be changed to something that reflects
its status as a privately proposed and publicly approved overall
development plan for a parcel of private land.
Presently, a master plan for the entire development site, together with
the proposed preliminary plans for the first phase of development, is
required if a property under one ownership is intended to be developed over
time in two or more separate preliminary plan submittals.
These amendments are "housekeeping" type changes and will replace the name
"Master Plan" with "Overall Development Plan" throughout the Land
Development Guidance System (where applicable).
The Harmony Presbyterian Church has contested the validity of the
assessment against its property for the Boardwalk Special Improvement
District #77, primarily because the Church was not notified as the current
property owner at the time of assessment. No assessments have been paid
by the Church and in November of 1988, two tax certificates of purchase
were issued to the City of Fort Collins for the property owned by the
Church on which assessments had been levied. This Ordinance would
authorize the sale of those tax certificates to the Church at a discounted
amount equal to the original principal' assessment levied on the Church
property.
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March 19, 1991
12.
The owner/developer of the property known as the Horsetooth Business Park,
located at the southwest corner of Horsetooth Road and Timberline Road,
has requested vacation of the previously platted right-of-way on the
property. The right-of-way was originally dedicated by the plats for the
South Collins Tech Center First, Second, and Third Filings. The owner/
developer is proposing a new street system to serve the property and
therefore the previously platted right-of-way is no longer needed.
The areaof the proposed right-of-way vacation shall be retained as a
utility easement to protect the interests of the public and private
utilities presently installed, until such time as the property is platted
for new development and the utilities are relocated.
13.
Currently, Fort Collins Police Services leases and operates the Indoor
Police Training Facility, which includes an indoor shooting range,
classroom and physical skills training area. This facility is used by
Police Services to train officers in critical job skills, i.e., firearms
training and proficiency, CPR and First Aid training, crime scene, and
communication skills training. Management and use of the facility is
coordinated through the Fort Collins Police Services' Training Unit. Under
the proposed intergovernmental agreements, outside law enforcement agencies
will be permitted to use the facility for law enforcement related training.
Mutual police training needs can be enhanced by permitting inter -agency
use of the facility. Police Services continues to be approached by other
regional law enforcement agencies seeking to use the facility. Additional
intergovernmental agreements are anticipated.
Each agreement specifies the number of hours each agency may use the
facility, fees charged, permitted weapons and ammunition, permitted use
of the facility, and, to the extent possible, indemnification provisions.
14. Resolution 9145 Finding Substantial f.mmnlianrp and Tnitiatina Annpxatinn
The applicant and property owner, Betty Buderus,, has submitted a written
petition requesting annexation of approximately 134 acres located south
of E. Vine Drive and west of I-25.
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March 19, 1991 '
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
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. Accord-
ing 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 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 Frontage Road Industrial Associates Ltd.
Annexation to the east.
Resolution 90-178 of the City Council authorized two representatives of
the DDA and two City Councilmembers along with the City Manager to develop
a list of specific priorities in the Central Business District. The list
of priorities, developed by the City and the DDA would then be approved '
by the DDA Board and submitted to City Council for approval. The DDA Board
has adopted the list of priorities, and they are now coming forward for
Council consideration as directed by Resolution 90-178.
16. Resolution 91-47 Approving a Default Judoment Fee for the Fort Collins
Municipal Court.
Currently, the Municipal Court is authorized by Council to assess a S30
outstanding judgment/warrant (OJ/W) fee in certain traffic cases. This
fee has been imposed when the -defendant falls to appear or pay a fine on
a traffic case. It is assessed at the time the warrant is issued for the
defendant's arrest. The OJ/W fee is split evenly between the City and
State and is designed to reimburse the City and State for the
administrative costs of reporting the outstanding judgment or warrant and
holding up the renewal of the defendant's driver's license until the matter
is addressed with the Court. The amount'of the fee and the procedure it
relates to are authorized by State statute. The OJ/W fee applies to
traffic offenses which are misdemeanors and not traffic infractions.
Council recently adopted the Rules for Traffic Infractions and amended the
general penalty provision to make it clear that most traffic offenses
handled in Municipal Court are traffic infractions. According to these
Rules, if a defendant does not address a traffic infraction on or before ,
the arraignment date, a default judgment is entered against him/her, the
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fine and certain costs are assessed and the points are placed on his/her
driver's record. As with OJ/W's, the state statutes provide for a
procedure whereby the defendant cannot renew his/her driver's license until
the fines and costs assessed in a traffic infraction case are paid to the
Court. A $30 default judgment fee can be assessed to cover the procedure
which, like the OJ/W fee, is split evenly between the City and State. .
17. Resolution 91-
On June 7, 1990, the City purchased a 160 acre parcel of land located
approximately 2 miles east of I-25 along the Poudre River as a possible
site for a proposed regional wastewater treatment plant. As a part of that
purchase, the sellers executed an assignment to the City of a farm lease
with Greg Walker. Mr. Walker's lease is for a section of the "Riverside
Farm" purchased by the City and for the adjoining property still owned by
the sellers. The expiration date for the lease of the adjoining properties
is December 30, 1992. However, the expiration date for the section
purchased by the City was December 31, 1990:
Mr. Walker has made an offer to the City to lease approximately 73 acres
of arable land for two years, commencing January 1, 1991. The proposed
lease agreement entitles Mr. Walker to plant and grow pinto beans and/or
corn on the property and requires that he perform routine upkeep and
maintenance of the fences around the property, along with other terms and
conditions. The City will provide a limited amount of water (water rights
which were purchased with the land) for use on the site. The City does
not intend to begin using the site prior to the expiration of the lease.
18. Resolution 91-49 Reauestino Assistance frnm the Statp of Cnlnrarin And
In 1988, the enabling legislation which created the Colorado Aeronautical
Board and the Division of Aviation also established the Aviation Fund.
This fund is comprised of revenues derived from aviation fuel taxes and
was established to provide state assistance to airport projects not
financed through FAA grant programs and/or to provide matching funds for
available federal funds.
The Colorado Aeronautical Board is in the process of establishing
guidelines for distribution of these funds. Implementation of the Airport
Assistance Program is anticipated in the late spring.
In addition, the state statute authorizes the Division to assist only those
airports which request assistance through a resolution by the airport's
governing board. This resolution makes a formal request for technical
assistance and funds.
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March 19, 1991
In March of 1990, the Council approved, through the passage of Resolution
90-41, an amendment to the FireFighters Pension Plan (a defined benefit
plan) which allowed active members of the plan to elect to convert to a
money purchase plan. Resolution 90-41 set out the amendments, process,
and procedures which would be required to allow members of the plan to
convert to a money purchase plan. Since the passage of Resolution 90-41,
additional changes to the Firefighters' Pension Plan have been identified
and will be incorporated into the plan by passage of this Resolution. Six
of these changes reflect updates to bring the plan into compliance with
required provisions of the Internal Revenue Service. Section 11 of the
Resolution amends the previous Resolution 90-41 to allow distributions from
the pension fund for the conversions prior to a formal determination by
the IRS. The other amendments proposed correct a clerical error, delete
a section unenforceable under the state law, update a reference to the New
Hire fire plan and incorporate an affirmative statement that the Old Hire
Plan is a governmental plan not subject to the Employee Retirement Income
Security Act.
20. Routine Deeds and Easements. '
a. Easement from Certified Creations, Inc., one of four agreements
needed for the Shields Street (Rocky Mountain Way to Casa Grande)
project (Map #1). Monetary consideration: $23,570
Easement from Melba R. Wetzler, one of four agreements needed for
the Shields Street (Rocky Mountain Way to Casa Grande) project (Map
#1). Monetary consideration: $2,025
Powerline easement from Bradley S. Johnston, 415 Whedbee (Map #2),
needed to underground existing overhead electric services. Monetary
consideration: $10.
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
Item #6. Items Pertaining to the Burns Annexation and Zoning.
A.
a
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March 19, 1991
Item #7.
Item #8. Second Reading of Ordinance No 27 1991 Appropriating Unanticipated
Revenue of $30,000 in the General Fund.
Item #24.
Item #25. Items Pertaining to the Harmony Corridor Planning Effort.
A. Second Reading of Ordinance No. 28, 1991 Adopting the Harmony
Corridor Design Standards and Guidelines.
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C.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item #9.
Item #10.
Item #11.
Item #12.
Item #26
Items Relating to the Sale of Tobacco Products to Minors.
A. Hearinq and First Readinq of Ordinance No. 35, 1991 Addinq
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Item #30
March 19, 1991
Collins Relating to the Sale of Tobacco Products (Option A &
Option B)
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Hearing and First Reading of Ordinance No. 36, 1991, Appropriating
Unanticipated Revenue in the Recreation Fund, Appropriating Prior
Councilmember Edwards a motion, seconded by Councilmember Azari, to adopt and
approve all items not removed from the Consent Calendar. Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Hearing and First Reading of Ordinance No. 33, 1991,
Authorizing the Sale of Certificates of purchase Issued
by the Larimer County Treasurer for Unpaid Special
Assessments in the Boardwalk Special Improvement District #77, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Certificates of Purchase #45455 and #45456 have an aggregate face value of
$75,836.86. Total interest accruing on the face value to March 10, 1991 is
S28,312.43. Thus, the full value of the certificates of purchase is S104,149.29.
Adoption of this Ordinance would authorize the sale of the certificates of
purchase at a discount of $47,676.98.
EXECUTIVE SUMMARY
The Harmony Presbyterian Church has contested the validity of the assessment
against its property for the Boardwalk Special Improvement District #77,
primarily because the Church was not notified as the current property owner at
the time of assessment. No 'assessments have been paid by the Church and in
November of 1988, two tax certificates of'purchase were issued to the City of
Fort Collins for the property owned by the Church on which assessments had been
levied. This Ordinance would authorize the sale of those tax certificates to
the Church at a discounted amount equal to the original principal assessment
levied on the Church property.
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BACKGROUND:
The Boardwalk Special Improvement District #77 was created in September of 1982
at the request of a majority of property owners in the district. Proceeds of
the bonds issued for this district were used to construct improvements which
included Boardwalk Drive and a portion of Landings drive, as well as utility
improvements. The district was not completed and assessed until January of 1986
at which time notice of assessment was sent to The Landings, Inc. At the time
of assessment, a portion of the property previously owned by Landings Inc., had
been transferred to the Harmony Presbyterian Church. No written notice of
assessment was sent to the Church. The Church's assessment installment which was
due in 1988 was not paid, and tax certificates of purchase were issued to the
City in November of 1988 for those unpaid special assessments.
The Church has contested the validity of the assessments, primarily because it
was not notified as the current property owner at the time of assessment and it
did not have an opportunity to be heard as to the amount of the assessment that
was levied against the Church property. The Church has requested that the City
Council authorize the sale of.the certificates of purchase 'to the Church at the
amount equal to the principal portion of the assessment levied against the Church
property in 1986. In effect, this would forgive the interest and penalties which
have accrued in the interim.
Section 23-111 of the Code authorizes the City Council to sell tax certificates
at a discounted amount if it is in the best interests of the City to do so. If
the Ordinance is adopted on first reading, the City will comply with the notice
requirements of Section 23-111 and complete the sale of the tax certificates to
the Harmony Church once the ordinance is approved on second reading. A17 liens
against the Church property for special assessments for the Boardwalk SID #77
would then be released."
Finance Director Alan Krmarik stated that selling the tax certificates would be
in the best interest of the City in order to avoid the potential for further
litigation.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 22, 1991 on First Reading.
Otis Beach, Attorney representing Harmony Church, stated he felt it was a fair
and just settlement and urged Council to adopt the Ordinance.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED
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Items Pertaining to
Buderus Annexations, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Resolution 91-45 Finding Substantial Compliance and Initiating Annexation
Proceeding for the Buderus First Annexation.
B. Resolution 91-57 Finding Substantial Compliance and Initiating Annexation
Proceeding for the Buderus Second Annexation.
The applicant and property owner, Betty Buderus, has submitted two written
petitions requesting annexation of approximately 138 acres located south of E.
Vine Drive and west of I-25. In order to meet State annexation law contiguity
requirements the property is being divided into two separate annexation requests.
The Buderus First Annexation consists of about 30 acres and the Buderus Second
Annexation consists of about 108 acres.
The proposed Resolutions make findings that the petitions substantially comply
with the Municipal Annexation Act, determines that hearings should be established
regarding the annexations, and directs that notice be given of the hearings.
The hearings will be held at the time of first reading of the individual
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 Buderus First
Annexation gains the required 116 contiguity to existing city limits from a
common boundary with the Frontage Road Industrial Associates Ltd. Annexation to
the east. The Buderus Second Annexation gains its contiguity from the Buderus
First Annexation."
Chief Planner Ken Waido gave a brief staff presentation on this item.
Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-45.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
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Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-57.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-48 Authorizing the
City of Fort Collins to Enter Into
a Farm Lease Agreement with Greg S. Walker Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The City will receive annual rent in the amount of $4100, plus an annual year-
end rent adjustment based on the Chicago Board of Trade price of corn on December
1st.
EXECUTIVE SUMMARY
On June 7, 1990, the City purchased a 160 acre parcel of land located
approximately 2 miles east of 1-25 along the Poudre River as a possible site for
a proposed regional wastewater treatment plant. (See map.) As a part of that
purchase, the sellers executed an assignment to the City of a farm lease with
Greg Walker. Mr. Walker's lease is for a section of the "Riverside Farm"
purchased by the City and for the adjoining property still owned by the sellers.
The expiration date for the lease of the adjoining properties is December 30,
1992. However, the expiration date for the section purchased by the City was
December 31, 1990.
Mr. Walker has made an offer to the City to lease approximately 73 acres of
arable land for two years, commencing January 1, 1991. The proposed lease
agreement entitles Mr. Walker to plant and grow pinto beans and/or corn on the
property and requires that he perform routine upkeep and maintenance of the
fences around the property, along with other terms and conditions. The City will
provide a limited amount of water (water rights which were purchased with the
land) for use on the site. The City does not intend to begin using the site
prior to the expiration of the lease.
It was agreed at the closing of the sale of the
Harrison, would be given notice of any offer
property, or any section thereof, and would be g
his right of first refusal to match the offer.
and has responded that he is not interested i
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March 19, 1991
Wastewater Treatment Manager Tom Gallier stated the lease was a simple Cropping
Lease and clarified there would not be any hunting privileges allowed.
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to adopt
Resolution 91-48.
Councilmember Horak stated the City needs to explore multiple uses for the land
it owns both inside and outside City limits.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Staff Reports
City Attorney Steve Roy introduced the new Assistant City Attorney, Marty
Heffernan.
Ordinance No. 26, 1991, Authorizing
the Sale of South Ridge Golf Course
to Accent Resources, Inc., Postponed '
City Attorney Steve Roy gave an update on the negotiations and requested the item
be postponed until later in the meeting.
Councilmember Edwards made a motion, seconded by Councilmember Azari to postpone
Ordinance No. 26, 1991 to be the first item before the Other Business portion
of the meeting.
The vote on Councilmember Edward's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Items Pertaining to the Harmony
Corridor Planning Effort, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 28, 1991 Adopting the Harmony Corridor
Design Standards and Guidelines.
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' B. Second Reading of Ordinance No. 29, 1991, Amending Chapter 29 of the Code
Establishing the EP, Employment Park Zoning District.
C. Second Reading of Ordinance No. 30, 1991, Rezoning Approximately 455 Acres
Located East of the Union Pacific Railroad Tracks from Current Zoning
Districts to the EP, Employment Park Zoning District.
The planning process for the Harmony Corridor area began in August of 1989 when
City Council formally adopted the 1990-1991 Consolidated Work Program for the
Development Services Department, which included the Harmony Corridor planning
effort. In October, approximately a year later, the Planning and Zoning Board
adopted the Harmony Corridor Plan and recommended to City Council the adoption
of the Plan and related implementation documents. Since that time the City
Council has held a public hearing and two work sessions and has requested changes
to the planning documents. On March 5, Council adopted by a 6-1 vote Resolution
91-42 Approving the Harmony Corridor Plan as an Element of the Comprehensive Plan
of the City. On March 5, Council adopted Ordinance No. 28, 1991 as amended on
First Reading by a vote of 4-3. Also on March 5, Council unanimously adopted
Ordinance No. 29, 1991 and Ordinance No. 30, 1991 on First Reading."
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 28, 1991 on Second Reading.
' The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember
Mabry
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 29, 1991 on Second Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 30, 1991 on Second Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
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Items Relating to the Sale of
Tobacco Products to Minors. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Hearing and First Reading of Ordinance No. 35, 1991 Adding Article IV to
Chapter 12 of the Code of the City of Fort Collins Relating to the Sale
of Tobacco Products (Option A & Option 8)
Resolution 91-50 Directing Staff to Propose Local Legislation to Prohibit
the Possession and Use of Tobacco Products by Persons Under Eighteen (18)
Years of Age.
At the request of a group of citizens concerned over cigarette smoking by minors,
on September 4, 1990 City Council directed staff, through Resolution 90-130, to
research and propose local vending machine legislation that would prohibit the
sale of tobacco products through vending machines in locations which are
accessible to minors.
Staff has worked with the Council Health and Safety Committee and has met with
members of the citizens group as well as members of the business community '
including merchants, representatives of the Chamber of Commerce and vending
machine suppliers. This development of community input has not been exhaustive,
but rather has been done in an attempt to solicit the range of opinions that may
exist in the community on this issue. An attachment details this information.
Outlined here are two ordinances that address this issue. The first (Option A)
is a total ban on cigarette vending machines within the City. The second (Option
B) is a partial ban on cigarette vending machines, allowing them in public places
where minors are prohibited or where adult supervision of the machine is assured
and in places not open to the public.
Staff is also proposing research on additional legislation, which would address
the issue of the possession and use of tobacco products by minors.
BACKGROUND:
This is not the first action of the City'Council on the issue of cigarette
vending machines. At the September 4, 1990 meeting where City Council directed
staff to research local vending machine legislation, Council also passed a
resolution endorsing legislation at the federal level that would regulate the
sale of tobacco products. Thus far, there has been no action at the federal
level.
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Current] State law only makes it illegal to sell "smokeless tobacco" b use
Y� Y 9 Y
of a vending machine. State law also makes it illegal to knowingly furnish or
sell tobacco products to someone under 18 years of age or for someone under 18
years of age to purchase tobacco products.
The State, however, is currently considering (and will most likely pass)
legislation that tightens restrictions on vending machines. These restrictions
include prohibiting the sale of "tobacco products" from vending machines and
requiring that vending machines be limited to "factories, businesses, offices
or other places not open to the general public, or places to which persons under
the age of eighteen years are not permitted access, or places where the vending
machine is under the direct supervision of the owner of the establishment or an
adult employee of the owner." The State legislation will undoubtedly affect some
vending machine locations in. Fort Collins.
Option 8 is essentially the same legislation that is currently being proposed
at the State level. This option restricts the allowable locations of cigarette
vending machines to public places where access by those younger than 18 years
of age is prohibited and public places where adult supervision of a vending
machine is assured. Those places that do not fall within the definition of a
"public place" (i.e., places not open to the public) would also be allowed to
have vending machines. Adopting similar legislation at the local level allows
enforcement to be done by the City, addressing any violations through the
Municipal Court.
Additionally, Option 8 includes language that would require that when vending
machines are permitted because they are in the plain view of an adult, they
dispense only tobacco products, and not candy, soda pop or other products to
which a minor could reasonably be expected to have access. Machines selling both
tobacco products and candy make assurance of appropriate usage by minors more
difficult.
Local supporters of tobacco restrictions believe the language of the State
Legislation falls short, and does not adequately address the issue of underage
smoking. They are calling for action that carries with it a greater actual and
symbolic impact on the community.
The City does have the ability to take steps that further restrict access by
minors to tobacco products. This includes Option A, which is essentially a total
ban in the City of vending machines that dispense tobacco products.
Moreover, there are other actions that the City may choose to address. City
Council did not direct staff to explore the option of prohibiting the possession
and use of tobacco products by minors. Yet while conducting this research, staff
discovered a great deal of agreement between the proponents and opponents of
vending machine restrictions supporting a ban on the use and possession of
tobacco products. Resolution 91-50 would direct the City Manager and City
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March 19, 1991
Attorney to explore further the feasibility of legislation that would prohibit
the use and possession or tobacco products by minors.
Impacts of the proposed legislation: In general, the impact of these ordinances
on underage smoking and well as the financial impact on the community are quite
small: most underage smokers will still have access to cigarettes, and most
businesses will suffer little or no financial loss. Nonetheless, there are
symbolic impacts on both interests that may be just as significant. The first
is of course on the minor, who is sent a strong message discouraging underage
smoking. The message that the business community gets from this may be equally
strong, namely, that their right to free enterprise is being curtailed. These
impacts are discussed more fully in the attached issue paper."
Quality Improvement Coordinator Steven Vandermeer gave a brief outline of the
options.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 35, 1991 Option B.
City Attorney Steve Roy read changes to Section 12-76 subparagraph (b) of the
Ordinance.
Mike Vogl, 2812 Dundee Court, stated Option B was not a strong enough deterrent '
and urged adoption of Option A.
Jay Cohen, National Cigarette Service located in Denver, encouraged Council to
adopt Option B.
Bill Dingler, 707 Colony Court, stated if Option A were adopted he would be
unemployed and urged Council to adopt Option B.
Dr. Adrienne LeBailly, Director Larimer'County Health Department, favored the
complete ban of all vending machines that dispense tobacco products.
Barbara Allison, 1212 Lynwood Drive, opposed the Ordinance and stated by making
cigarettes illegal for minors to purchase it would enforce their desire to
attempt to purchase them.
Ann Watson, Larimer County Health Department and member of the Coalition for a
Tobacco Free Colorado, urged adoption of Option A and reported on a survey
performed by the Coalition in which minors purchasing cigarettes from vending
machines were 100% successful.
Randy Morris, Regional Director of the Tobacco Institute, spoke in support of
Option B.
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March 19, 1991
' Dr. Cory Carroll, read a letter from both residents and medical doctors at the
Family Medicine Center at Poudre Valley Hospital which urged Council to adopt
Option A.
Connie Acott, Colorado School Health Council employee, said that education alone
will not get the message across to underage smokers and stated that adopting
Option A will enforce the message.
Dr. Austin Baily, a Fort Collins family physician, stated he was disturbed with
the tobacco industries' support for Option B and asked Council to adopt Option
A.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 91-50 as amended.
Councilmember Edwards offered an amendment, seconded by Councilmember Mabry; to
add additional language at the end of the NOW THEREFORE clause inserting "and
to explore the feasibility of both functional and financial of enforcing such
legislation".
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Mike Vogl, 2812 Dundee Court, spoke to the Resolution.
Fred Collier, Poudre Canyon resident, stated that banning vending machines would
not stop minors from acquiring tobacco products.
Councilmember Horak stated he hoped the implementation and enforcement of the
Ordinance would be handled in the same manner as other ordinances and did not
feel there should be a lot of time spent on analyzing the cost of implementation.
The vote on Councilmember's Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
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March 19, 1991
Resolution 91-51 Defining the
Relationship Between Skateboarding
and the Recreation Division Philosophy
and Establishing the Means for Identifying
Financial Support For Skateboarding Facilities, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On January 15, 1991, skateboarders and interested adults attended the City
Council meeting and requested assistance from the City in providing a
skateboarding facility. City Council also requested that staff review the
Recreation Division Philosophy as it pertains to activities such as
skateboarding.
Staff finds that skateboarding does fit the Recreation Division Philosophy, but
not at a high priority level. Several options for support were reviewed, but
at this point in time, staff is making no recommendation to provide a
skateboarding facility.
BACKGROUND:
The Recreation staff met with interested skateboarders and parents on February
6. About forty people aired their concerns, offered suggestions, and
brainstormed with staff a list of options for support from the City to provide
a facility.
Although the Parks and Recreation Board has not taken any official action on this
item, it has been informed on a monthly basis about this project and has
supported the progress to date.
The Recreation staff has prepared a report that addresses the comparison of
skateboarding to the Recreation Division Philosophy and identifies several.
facility options that have -been explored with the users."
Recreation Manager Jean Helburg, gave a staff presentation on this item.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-51.
Myke Wenham, a Parks and Recreation Department subcommittee member urged Council
to assist the subcommittee in finding an alternative plan.
Amy Martin, skating proponent, asked for Council assistance in the Fort Skate
issue and stated that skateboarder's should receive the same consideration that
bicyclists do with regards to trails.
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March 19, 1991
Glen Wolvington, a Loveland resident, spoke in favor of the Resolution and asked
Council to consider purchasing Fort Skate.
Kathy Buck, suggested a facility be opened by the Parks and Recreation
Department.
Bonnie Bristoll, voiced her disappointment in the way skateboarders are treated
by Police and urged Council to consider alternatives for a facility to
accommodate skateboarders.
Tory Brinkley, Longmont resident, spoke of different funding alternatives for
a skating facility.
Christine O'Neill, 2509 Darren, commended the Parks and Recreation Department
as well as the members of the subcommittee's for their efforts in attempting to
solve the issue.
Bev Atchison, stated too much emphasis is being placed on things children cannot
do. She asked for Council commitment in maintaining a skateboarding facility.
Councilmember Horak stated he supported the Resolution and spoke of concerns
raised by the Fort Skate proponents.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-52 Authorizing the
Determination of a Site for a New
Senior Citizen Center. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At the March 12, 1991 worksession, Council reviewed the status of the Senior
Citizen Center project. This Resolution directs staff to proceed with the second
phase of the project. In this phase, staff will work with the community to
identify viable sites for this facility.
BACKGROUND:
Through the Choices 95 process, a Senior Citizen Center was defined as a need
in the community. The money for this project will come from the Choices 95 sales
tax and will be available for construction in 1993.
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March 19, 1991
The first phase of this project was to develop a prioritized list of activities
and spaces that should be included in
the new center.
This data was collected
from interested parties throughout
the community.
Council reviewed the
prioritized list of needs for the center on March 12,
1991. Further refinement
in these priority needs may occur as
new information
is received. Any changes
to these priorities will be reviewed
by the Council
when the site options are
presented.
Although neither the Senior Advisory Board or the Parks and Recreation Board have
taken any official action on this item, they have been informed on a monthly
basis about this project and have supported the progress to date.
This Resolution approves the Senior Citizen Center process to date and directs
staff to proceed with the site selection phase. The site analysis and a
recommended site for the center will.be presented to the Council by December
1991."
Councilmember Mabry made a motion, seconded Councilmember Maxey, to table
Resolution 91-52 until after consideration of Resolution 91-53.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED. '
Resolution 91-53 Authorizing the
Replacement of the Fort Collins
Community Pool. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Choices 95 Executive Committee recommended to the Council that the Fort
Collins Community Pool be either renovated or replaced. Destructive testing done
last summer indicated that the pool shell needed to be replaced, which was not
included in the funding for renovation. Council placed renovation on hold to
further analyze the variables involved, in renovation versus replacement.
BACKGROUND:
Destructive testing on the Fort Collins Community Pool conducted in the summer
of 1990, revealed that the pool shell was in much worse condition than was
initially believed and that the shell needed to be replaced. This would require
an additional $300,000.
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March 19, 1991
1
If the renovation was completed, the City would have a new pool shell that could
last up to 30 years and a building that would last 10 to 15 years.
At the Council worksession on March 12, Council discussed the renovation or
replacement options as well as some preliminary site and configuration
information.
This Resolution provides Council's direction to replace the pool and to develop
specific replacement options for Council's consideration by July 1, 1991.
Council's direction at the March 12 worksession was to explore potential
locations in more detail. This included working with the community to explore
combining the pool with the new senior center as well as options to replace the
pool at its current location or with one of the City's high schools.
Although the Parks and Recreation Board has not taken any official action on this
item, it has been informed on a monthly basis about the discussions of renovation
or replacement.
Staff will present to Council the analysis on the site options as well as options
for design, programming, and budget by July 1, 1991."
Recreation Manager Jean Helburg gave a staff presentation on this item.
' Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-53.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to delete
the 4th WHEREAS paragraph, and in the "NOW THEREFORE" clause delete everything
after the date "July 1, 1991".
Susan Peterson, a Senior Advocate, spoke in opposition to combining the Senior
Citizens Center and the Community Pool issues in one Resolution.
Dan Thompson, 623 Del Norte Place, stated he supported the Resolution.
Wayne Brothers, President of the Fort Collins Area Swim Team (FAST), stated the
loss of the Community Pool without an immediate replacement would have an adverse
impact on the swimming community.
Joe Hanan, 1508 Briarwood, encouraged Council to keep the Community Pool open
until another facility is constructed which would cater to the needs of the
handicapped population.
Councilmember Winokur stated the intent of his amendment was to disassociate the
two issues for the purpose of examining other options.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
' Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
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March 19, 1991
THE MOTION CARRIED.
Councilmember Horak offered an amendment to the previous motion, deleting
throughout the Resolution the word "relocation" replacing it with the word
"replacement".
Councilmember Edwards and Councilmember Maxey accepted Councilmember Horak's
motion as a friendly amendment.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Recreation Manager Jean Helburg, gave a staff presentation on Resolution 91-52.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Resolution 91-52.
City Manager Steve Burkett answered questions regarding site selections.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, amending the
"NOW THEREFORE" clause after the phrase "new Senior Citizen Center and directs '
staff to" adding the following language "complete analysis of compatibility and
feasibility of locating a swimming facility in conjunction therewith, receive
Council direction therefrom, and then," continue with the remainder of the
sentence.
Councilmember Azari stated she did not support the motion and questioned the
validity of combining the two projects.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Azari and
Councilmember Horak.
THE MOTION CARRIED.
Susan Peterson, Director of the Foundation on Aging, stated she felt the Senior
Center would be a major focal point of the community and stated it deserved a
higher level of importance.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
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March 19, 1991
Ordinance No. 36, 1991,
Appropriating Unanticipated Revenue
in the Recreation Fund, Appropriating
Prior Year Reserves in the General Fund
and Authorizing the Transfer of
Appropriated Amounts to the Recreation
Fund for -the Operation of the Fort Collins
Community Pool From June 1 Through December 31, 1991, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This action authorizes the appropriation of $19,000 from unanticipated revenue
in the Recreation Fund, the appropriation and transfer of $44,115 from prior year
reserves in the General Fund to the Recreation Fund; and the appropriation and
transfer of $20,000 from prior year reserves to the Facilities Division in the
General Fund. The transfers represent an increase in appropriations in both
funds above the amount provided in the annual budget. . The $19,000 represents
projected revenues for keeping the Community Pool open for the period June -
December 1991.
' EXECUTIVE SUMMARY
The renovation of the Fort Collins Community Pool was scheduled to begin the end
of May 1991 but will not be completed this year. The adopted 1991 budget for
the community pool includes money for only a five -month operation. This relates
not only to the Recreation Division budget but also to the Facilities Division
budget. Since renovation will not be done this year, money needs to be allocated
for continued operation of this facility through the end of this year or the
decision needs to be made to close the facility at the end of May. It is
important to make a decision about this as soon as possible so that staff can
plan summer schedules and the public can be informed.
BACKGROUND:
The total financial impact to the General Fund to continue operation of this
pool through the end of 1991 is summarized here:
Recreation Division: $44,115
Facilities Division: 20,000
Total: $64,115
Recreation Division:
The 1991 community pool budget for January=May is more than half of the budget
for an entire year because some costs are full -year regardless of the pool
' closure, such as full-time staff salaries, storm drainage, vehicle costs.
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March 19, 1991
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I
Partial charges for gas, electricity, and telephone would have remained during
the construction period. To keep the pool open through December 1991, will
require the following:
Expenses:
Personal services-- part-time managers,
lifeguards, cashiers
$ 45,165
Contractual-- partial gas, electricity,
telephone; minor repairs and maintenance
12,500
Commodities-- chemicals, janitorial
supplies, miscellaneous repair parts
5,450
Additional Expenditures:
S 63,115
Additional Revenue: primarily from drop -in
and rentals
$ - 19,000
(this will offset General Fund dollars)
General Fund Support Needed:
$ 44,115
When preparing the 1991 budget last May, staff moved programs that would normally
have been held at the community pool to both the City Park Pool and the EPIC
pool. Both the expenses and revenues for these programs are currently reflected
in the budgets and revenue projections for those two pools. This revenue and
expense ($10,300 in expense and $19,000 in revenue) would be transferred back
into the community pool budget if the facility remains open.
Facilities Division:
The Facilities Division is also affected by this decision. Facilities staff
provides ongoing support and finances for repairs of the HVAC system, hot water
heaters, the roof, and the boiler. Preventive maintenance and repair costs for
this facility from June -December of 1991 are estimated at $5,000. In addition,
replacement 'of the heat exchangers and replacement of the roof hatch and ladder
are both safety items needing immediate attention if the facility remains open.
These items will cost $14,000. The Facilities' Division budget needs to be
increased by $20,000 to accomplish this work.
In addition, there are items on a "critical list" that may need repair or
replacement this year and into future years as we continue to operate this
facility. The amount could be as much as $35,000 and would include items such
as replacement of one or all HVAC units, roof repairs, damper control
replacement, valve and pump repairs, and boiler repair/replacement.
These maintenance costs do not address some of the major mechanical and
structural problems which exist at the community pool. The life expectancy of
the pool was fifteen years, and the facility is in its seventeenth year of
operation.
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March 19, 1991
The Facilities Division has developed a list of major items which may fail at
any time. These are all items that would be addressed during a renovation
process. There is no way of knowing if or when these might fail. If there were
a major electrical, pool equipment, or pool circulation failure, there would be
no choice but to close the facility at that time.
There are no guarantees at this point that the pool will remain operational
until the facility is replaced; however, we have been operating under these
conditions for the past several years.
Contingency plans are being explored in case the pool does have to close. The
Recreation staff has been in contact with other local indoor pool operators to
explore the possibilities of City use of those pools. EPIC and the City Park
Pool would absorb most, if not all, of the existing community pool programming
should it be closed permanently in May or sometime into the, future due to system
failure. CSU has offered to work with the City on the use of the South College
pool should the need arise. Staff is continuing to work with affected user
groups, primarily Poudre R-1 and the FAST swim team, on a contingency plan if
the community pool has to be closed. Acceptance of altered schedules by these
groups as a result of less available pool space will be critical to the success
of any contingency plan.
Staff has been actively seeking input from the
pool. Three public meetings have recently been
current users of the community
held to help increase the users
understanding of the status of renovation, to
answer their
questions, and to
hear their concerns. The current users of the community pool
are very supportive
of keeping this facility open past the end of
May or until
either replacement
or renovation occurs."
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 36, 1991 on First Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-54 Giving Direction
to City Staff Regarding Certain Options For
Solar Orientation, Adopted Option A as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
One of the issues listed on the City Council's 1990-1991 Policy Agenda is solar
orientation. The City Council has asked staff to offer options for encouraging
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March 19, 1991
and/or requiring developers to consider in their plans the orientation of
buildings to best receive solar radiation for energy conservation purposes.
A public open house/roundtable discussion was held on January 31, 1991 to gather
comments on this issue. Worksessions with the Planning and Zoning Board and the
Natural Resources Advisory Board have been held. Their comments are attached.
At a worksession on February 26, 1991, the City Council reviewed a report
(attached) from the Planning Department and directed the staff to prepare a
resolution giving direction on which options, if any, the staff should pursue.
Two alternative resolutions are attached.
BACKGROUND
Existing Policies, Programs and Regulations
Since the mid-1970s oil embargo, the City of Fort Collins has been active in
promoting solar energy use. In 1977, the City's Goals and Objectives were adopted
as an element of the Comprehensive Plan. Included in the Goals and Obiectives
is the following:
"promote the conservation of limited energy resources .... by
encouraging the use of alternative sources of energy; discouraging
superfluous or wasteful uses of energy; and encouraging land use I
planning, site development and building design which promotes
efficient use of energy".
The Land Use Policies Plan, adopted in 1979, also addressed the significance of
energy conservation in two policies. Policy 46 states that "conservation of
resources and energy shall be addressed by land use, site planning and design
criteria" and Policy 47 states that "the City should encourage by suitable
incentives, the use of non-polluting alternative energy sources in all types of
development".
Additional policy direction is found in the Energy Conservation Plan adopted in
1980. Among the objectives of this Plan is to create community awareness of
using solar energy and to develop ordinances which would "require and provide
incentives for energy efficient development". These objectives served as a basis
for the energy conservation criteria contained in the Land Development Guidance
System.
In 1982, the City Council initiated a study to look at ways to protect solar
access to solar energy devices. After carefully surveying the existing shading
problems in Fort Collins,. forecasting future use of solar energy in the
community, and seeking extensive citizen guidance, six solar access strategies
were adopted for implementation. One of the strategies was the adoption of
general solar energy policies. Among these policies was the recognition of solar
energy as a preferred fuel source to meet future needs, and; secondly, a finding '
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March 19, 1991
was made that the use of solar energy systems and the protection of unobstructed
sunlight to those systems resulting from proper planning contributes
significantly to the public health, safety and welfare of the citizens of Fort
Collins.
Finally, the wort to the City Council on the Performance Audit of the Land
Development Guidance System 1985 - 1990, identified the preparation of "site
layout" practices that achieve energy efficiency goals as an "important" needed
improvement in the LDGS.
The above goals, objectives and policies have been translated into a number of
energy conservation activities and programs being implemented by a variety of
City Departments, including but not limited to:
1. Implementation of the ZILCH program (Zero Interest Loans for Conservation
Help). The zero interest loans for energy conservation retrofit are
designed to encourage homeowners to make energy conserving improvements.
2. Community education programs. The City has conducted workshops and/or
prepared written information to citizens on solar energy issues including
but not limited to solar access protection, solar site and building design,
solar easements, and installation of solar energy systems. The most recent
workshop was held approximately two years ago on photovoltaic systems.
Other offerings by the City has been limited due to the lack of qualified
speakers.
3. Criteria in the Land Development Guidance System. Energy conservation is
addressed in both the All Development Criteria and the Land Use Activity
Point Charts in the LOGS. A11 Development Criteria #28 and #29 relate to
energy conservation requiring that a site plan be designed in favorable
relationship to sunlight and wind; and that the site design contribute to
the overall reduction of energy use by the project. A71 Development
Criteria #30 prohibits the location of landscaping and structures on PUDs
which would shade adjacent lots, and; #31 protects solar energy systems and
rooftop surfaces on -site from being blocked from the sun's energy.
There are also ten Land Use Activity Point Charts that address various land
use categories. Eight of these Charts include a criterion for reducing
energy usage. The Residential Point Chart allows a density bonus for a
reduction of energy usage through the application of alternative energy
systems.
In 1980, the City adopted "light and shadow" criteria in the review of
buildings over forty feet in height.
4. Amendments to the Zoning and Subdivision Codes. In 1984, a number of
amendments to the Zoning and Subdivision regulations were adopted which
' eliminated possible roadblocks to the use of solar energy in new, and
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March 19, 1991
existing buildings. Included among the City's actions were revisions to the
Zoning Code to allow solar energy devices that extend above the maximum
height allowance; amending yard requirements to allow solar system
encroachment; and allowing solar sitting or access needs as a possible
reason for granting variances to the zoning and subdivision regulations.
Solar Notification Service. In 1984, the City adopted a procedure (known
as the Solar Notification Service) whereby solar owners would be notified
by the Building Inspection Office of impending construction which would
potentially block sunshine access to his/her solar energy system and allow
a time period for the two property owners to meet and negotiate a mutually
acceptable solution before beginning construction. Informational brochures
were prepared and distributed about the service.
Solar policies for City properties and projects. In 1984, the City Council
established policies pertaining to the granting of solar easements over
existing City property, mitigating or reducing the impact of City
development or redevelopment projects on adjacent solar systems, and
planting of street trees.
Energy Score. Energy Score is a home energy rating system that offers a
standardized, unbiased assessment of a home's energy efficiency. Its
computerized analysis boils down home energy performance to a single bottom '
line number. The score is based on important factors affecting space
heating and water heating including but not limited to solar features; both
"active" solar systems and "passive" solar features such as south -facing
windows and sunspaces, and; the home's orientation on the lot.
The focus of the City's many programs have been on non -regulatory approaches to
encouraging energy conservation and solar energy use. Overall, the existing
policies, programs and regulations provide a good foundation for future solar
energy use in the community. In fact, the City is recognized as a leader among
other communities in the country in adopting local energy policy and programs.
However, these programs and measures have not' had a significant impact on
encouraging developers to consider in their plans the orientation of buildings
for solar energy purposes.
Solar Orientation - Some Findings
Many opportunities for solar utilization exist; however, many solar
opportunities have been lost due to building orientation and encroaching
shade. If existing development patterns continue, many solar opportunities
will continue to be lost in the future.
The climate in Fort Collins is excellent for solar energy use. Fort Collins
receives on the average of 65 - 70% of possible sunshine.
The public strongly supports solar energy as an energy source in the future. '
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March 19, 1991
Solar orientation can save a significant amount of energy and money for home
space heating. In 1981, a study was conducted in Fort Collins for the United
States Department of Energy on the natural gas consumption of a conventional
tract home with only minor low-cost modifications. This home was compared
to that of four control homes of identical design. The demonstration home
differed from the control homes mainly in its optimum orientation for
maximum solar gain through existing windows (the home was facing south) and
its use of low-cost insulating window shutters as well as more conventional
energy conservation practices. The test home used an average of 55 percent
less natural gas for space heating and hot water than did the control homes.
In terms of dollars and cents, the savings were similar. The author of the
study concluded that passive solar has a much greater potential in a
conventional home than was currently believed and suggested that all future
homes be oriented and constructed for maximum solar exposure.
Solar orientation preserves future options to use solar. The option to use
solar may be lost for good if it is not provided when a home is built.
These options includes the use of solar for space.heating, water heating and
to produce electricity.
Homes on streets which are running east -west, have better solar access and
orientation for the use of solar energy than homes on north -south streets.
Homes which are on lots facing north -south (i.e. either the front or rear
yard faces south) have better solar access and orientation for the use of
solar energy than lots facing east -west. These homes also have less
shading; have a larger percentage of windows facing south; have more roofs
with south slopes for addition of solar panels, and possess levels of sun
that are significantly less affected by the height, ridgeline orientation,
or placement of neighboring homes. Lots which face north -south also tend
to have longer north -south dimensions allowing more flexibility for future
solar additions.
o Solar orientation encourages the use of solar energy. A windshield survey
of homes indicates that homes on lots facing north -south have installed more
active solar systems than homes on east -west facing lots.
o Solar orientation may provide sunny homes and enhance property values.
o A sample of residential development in Fort Collins indicates that the
majority of homes in Fort Collins are located on north -south running
streets. A new solar orientation standard in Fort Collins can be effective
in increasing the number of future homes with good solar exposure.
o A survey of communities with solar orientation ordinances indicated that
despite early reservations, the ordinances proved easy to explain and apply.
The ordinances have worked well after the initial learning curve. Education
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of design professionals is key. The perspective of these communities is
that ordinances are effective.
Solar Orientation - Implementation Options
In working with citizens and staff from various City departments, several options
were identified that could be added to the City's solar energy strategies. These
would apply to new development and could encourage as well as require solar
orientation.
A. Options Which Could Encourage Solar Orientation in New Development
1.
Education/Awareness - Implement an education program for developers and
design professionals on solar orientation: Items to be considered
include preparation of handout materials, videos and/or conducting
workshops on solar site design for developers and design professionals.
2.
Conduct a survey to measures people's general attitudes about solar
energy and solar access. This could be done before more restrictive
requirements are applied.
3.
Direct staff to give increased attention to issues of solar orientation
at the conceptual stage of the development review process so that
developers and staff seek solutions early in the process.
4.
Establish a City operated "Solar Information Office" providing technical
and general information on solar energy systems, solar easements, and
solar site design. In order to provide this function, additional staff
and resources would be required. The functions of the office could
include:
o Information on basic solar concepts, solar easements, and state of
the art solar measures.
o Referral service (federal, state, and local solar outreach groups,
attorneys, iocal reports and city zoning and land use policies).
o Conduct workshops on solar issues.
o Provide assistance to developers and design professionals on solar
site design.
o Provide a neutral third -party mediation service for solar system
protection.
5. Require a shadow pattern plan as part of site plan/plat information
submittal materials. A shadow pattern is the composite shape of a
shadow cast by an object (buildings and trees). With a shadow pattern
before them, planners who are reviewing a project can see exactly how
much solar access is available to new buildings within a project and '
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March 19, 1991
also the off -site impact of the project. The plan can be used then to
negotiate changes in the project to improve solar access both on- and
off -site.
6. Amend the incentives criteria in LOGS to include solar orientation as
a factor to be considered in awarding points for both residential and
commercial projects.
7. Direct staff to be more proactive in providing information to the public
on the existing Solar Notification Service.
B. Options Which Could Require Solar Orientation in New Development
1. Adopt new site design criteria which apply to applications for new
subdivision and/or planned unit development approval. These options
would be difficult to apply to existing and/or platted lots and
subdivisions. Options to be considered include:
o Building orientation*. Specify that a percentage (60% to 80% is
typical) of habitable buildings in a new development have their long
axis (front and rear) facing north and south. Building orientation
can vary up to a certain number of degrees (for example, 30 degrees)
from due south.
o Building placement. Building setbacks can be adjusted to decrease
shading from one building to another. By reducing front yard
requirements and increasing rear yard requirements, the distance
between the backs of houses and the fronts of houses could be more
nearly equal. In effect, this would move all structures closer to
the street and would improve solar access to the houses on the south
side of the street. This technique would be effective only on north -
south facing lots. In Fort Collins, the most effective change would
be to increase the existing 15 foot rear yard setback.
It would not be advisable to decrease the existing 20 foot front yard
setback except in PUDs where more complete site plan review is
possible. This technique, provides good access protection if
uniformly applied. Further study would be required to determine
exact building setbacks.
o Lot orientation*. Specify that a percentage (50% to 80% is typical)
of lots in a new residential development be -north -south facing (i.e.
that the front of the lot face either north or south). Orientation
of the north -south axis can vary up to a certain'number of degrees
(for example, 30 degrees) from due south.
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March 19, 1991
Lot depth. Establishing a minimum lot depth on north -south facing
lots will act to contain shadow projections within the lot.
Generally, a minimum lot depth of 90 to 110 feet is adequate. The
existing Zoning Code does not establish a minimum lot depth. Further
detailed study would be required to establish reasonable lot depths
to protect solar access without significantly increasing lots sizes
and lowering residential densities.
Street design*. Streets in a proposed residential development should
run east and west to the maximum extent possible. Orientation can
vary up to a certain number of degrees (for example, 30 degrees) from
this axis.
o Slope and density. In order to maximize solar access, the
development should place highest densities on south -facing slopes.
These slopes will have short shadow patterns. Conversely, because
of elongated north slope shadow projections, lower densities should
be sited on north -facing slopes. This option would not have a
significant impact in Fort Collins since there is not significant
slope differences except in the foothills.
* Please Note: Requirements for orientation should be tempered by criteria
for granting variances to what could be an unreasonable and inflexible '
requirement. Typical criteria might include but not limited to allowing
flexibility to follow topography; to preserve natural features, and; for
pre -designated future street and/or utility locations and existing street
patterns on adjacent development.
STAFF RECOMMENDATION:
Two alternative resolutions have been prepared for review and consideration by
the City Council. The first resolution contains a selected list of options
recommended by the Planning and Zoning Board and Planning staff. Some of these
options are voluntary and focus on education, while other options would be
mandatory and require the orientation of lots and/or buildings in new
development. The second resolution contains all of the options contained in
the Staff Report dated February 15, 1991 from which the City Council may choose
which options, if any, they desire that staff pursue.
The objective of both resolutions is to identify a list of options that the staff
should pursue to present to Council at a future date with detailed resolutions
and/or ordinances implementing these options. The Natural Resources Board and
Planning and Zoning Board will be asked to make a recommendation on the specific
implementation options. The public will also have an opportunity to review and
comment upon any specific options prior to City Council adoption."
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March 19, 1991
Assistant Planning Director Joe Frank gave a brief outline of the options as well
explaining the proposed process of Council selection of the options.
Councilmember Horak made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-54 Option A.
Scott Mason, 861 Sandy Cove Lane speaking on behalf of the Citizen Planners,
urged Council to adopt Resolution 91-54, Option A and spoke of benefits of solar
orientation.
Councilmember Edwards offered an amendment, seconded by Councilmember Maxey, in
the "NOW THEREFORE" clause add item #6 to read as follows: "6. Direct the Light
and Power Utility staff to evaluate a rebate program to provide meaningful
incentives to promote solar orientation and design in new construction".
Councilmember Edwards stated that Fort Collins, as a municipality, would be more
able to offer incentives in promoting solar orientation than would be available
on the state and federal level.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Mabry, Maxey and Winokur. Nays: Councilmember Horak and Mayor
Kirkpatrick.
THE MOTION CARRIED.
Councilmember Maxey offered an amendment, seconded by Councilmember Edwards, in
the NOW THEREFORE clause in items #1 and #2, delete the word "requirement"
replacing it with "recommendation".
Councilmember Horak stated he opposed the amendment and stated in his opinion
nothing would be changed if it were a recommendation instead of a requirement
Mayor Kirkpatrick spoke in opposition to the amendment.
Councilmember Mabry supported the amendment stating that it should not be a
function of the City to place those types of regulations on contractors.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Mabry, and Maxey. Nays: Councilmembers Horak, Kirkpatrick and
Winokur.
THE MOTION CARRIED.
The vote on Councilmember Horak's motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Mabry, and Maxey. Nays: Councilmembers Horak,
Kirkpatrick and Winokur.
' THE MOTION CARRIED.
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March 19, 1991 '
Resolution 91-56 Approving
a Staff Action Plan of Procedures
to Control Non -Native Tree Species, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Non-native species are often introduced by man into foreign environments. In
Fort Collins there are many examples of plants and animals that are established
here that were absent a few hundred years ago. Some of these non -natives are
causing detrimental imbalances in native populations. Two tree species, Russian
Olive and Salt Cedar, have been documented through research as being a serious
threat to riparian zones in the Fort Collins area. These species are so
aggressive that they take over and dominate river forest habitats. An action
plan of procedures to control exotic species will provide a method to identify
troublesome exotics and to devise control strategies. The Action Plan calls for
extensive use of volunteers and cooperative educational arrangements. A City
open space target area will be selected in Phase 111991 as a model for future
efforts.
BACKGROUND: '
Council recently identified the issue of non-native (exotic) tree species
naturalizing and taking over riparian and open space plant communities. Some
species that are planted as ornamentals escape into the wild and are so
successful in establishing that they are dominate and native species are reduced
or excluded.
The introduction of non-native species can cause detrimental imbalances in native
populations. Locally, the problems caused by Leafy Spurge and Canada Thistle
are well known examples. Often introduced non -natives thrive because the natural
controls are not present to keep their populations in check. Exotic trees and
shrubs are so prevalent in urban areas that adapted species (those that reproduce
and thrive under local environmental conditions) can easily escape into the wild.
Some such as Common Buckthorn blend nicely into natural habitats and may improve
the population diversity.and structure. Others, such as Salt Cedar and Russian
Olive, are so aggressive that they form pure solid stands excluding other tree
and shrub species. These two tree species have been identified through research
projects as a threat in the Fort Collins area and there are examples in the Rocky
Mountain Region where each has seriously degraded natural environments.
The City has a direct interest in managing its open space and natural areas for
multiple uses. Degradation of plant communities that in turn alter animal
communities is a concern. The City has taken the responsibility by ordinance
to prohibit the planting of certain nuisance species and to establish planting
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guidelines on City property. Species selection on commercial property is
reviewed through the planning process and technical advice and recommendations
are provided to citizens.
The recommendations in the Action Plan are predicated on the extensive use of
volunteers and cooperative educational arrangements. Russian Olive and Salt
Cedar are known problems and will be addressed in Phase 111991. The Action Plan
procedure provides a mechanism to include additional species on the control list.
There will not be any financial impact to implement this Action Plan. Kevin
Cook, a consultant naturalist, will be used as a program coordinator. Kevin is
using the City -owned house at the Bignall Open Space property as an office in
exchange for providing services to the City. Volunteer labor would be utilized.
The Forestry Division would cooperate by providing some tools and equipment.
Administrative review of this program will be provided by the Forestry and
Natural Resources Divisions. A policy statement addressing the exotic species
and management will be included in the Natural Area Policy Plan."
City Forester Tim Buchanan gave a presentation on this item and spoke of the
Action Plan.
Councilmember Horak made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-56.
Dan Thompson, 623 Del Norte Place, supported the Resolution and spoke of damages
non-native tree and plant species may potentially have on the Poudre River.
Councilmember Horak commended staff for its work on the project.
The vote on Councilmember Horak's motion was as follows: Councilmembers Edwards,
Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Azari and Mabry.
THE MOTION CARRIED.
Resolution 91-55 Authorizing the City
to Participate in the Cost of School
District Boundary Change Elections, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The cost of the City's participation in these elections would be $5,OOO. If the
school district boundaries are changed as a result of the elections, it is
possible that the change could have a positive financial impact upon the
properties affected by the change, some of which are presently burdened by
' assessments levied in Special Improvement Districts 81 and 86.
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March 19, 1991
EXECUTIVE SUMMARY
The City of Fort Collins has been working for several years with the City of
Loveland, Larimer County and School Districts Poudre R-I and Thompson R2-J to
resolve the issue of the school district boundaries between the two communities.
Changing the boundary would necessitate school district elections to alter these
boundaries. The proposed Resolution would authorize the City to contribute
$5,000 to the Poudre R-I School District to help defray the cost of the
elections.
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Currently, the school district boundary between Poudre R-I and Thompson R2-J is
County Road 30 (Trilby Road). The Fort Collins City limits extend one mile
further south to County Road 32. This results in a substantial amount of
property within the City of Fort Collins being part of the Thompson R2-J School
District.
City staff believes that a change in the school boundary would be beneficial to
the citizens of Fort Collins. The City currently holds tax certificates on 330
acres of property in SIDS 81 and 86. This property is in the Loveland School
District R2-J. If the proposed boundary change would enable the property owners '
to redeem the property, the owners would have to pay the City $3,338.145.60 (as
of July 1, 1991). This represents about 60Y of the tax certificates the City
currently holds. Payment of this amount would also enable the City to reimburse
the General Fund for part of $1.4 million that was transferred to the SID Fund
to cover SID debt service. In order to accomplish the boundary change, two
elections would have to be held by the school districts. First, the registered
electors in the areas affected by the boundary change would have to consent to
the annexation and detachment of territory. Secondly, a majority of the
registered electors in each of the school districts would have to consent to the
reapportionment of the outstanding bonded indebtedness, so that the properties
detached from the districts would not be liable for the outstanding bonded
indebtedness in the district from which property is detached as well as the
bonded indebtedness for the district to which the property is annexed.
It is anticipated that the cost of these elections would be approximately S15,000
for the Poudre R-1 School District and $10,000 for the Thompson R2-J School
District. The school districts have indicated that this problem is not
sufficiently serious for them to justify paying the costs of the elections.
Others expected to assist in financing these elections, however, are the City
of Loveland, Larimer County and several private landowners.
The City Charter and state statute permit the City and the school districts to
enter into cooperative activities, including cost sharing, through an
intergovernmental agreement. The attached Resolution, if approved, would
authorize the Mayor to enter into an agreement with the Poudre R-1 School '
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March 19, 1991
' District so that the City could contribute up to $5,000 to defray the direct cost
of the elections. The Resolution specifies that no portion of the City funds
would be used to urge electors to vote for or against the boundary change."
City Manager Steve Burkett gave a brief presentation on this item.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-55.
Moe Meckleberg, Larimer County Commissioner, spoke of his concerns regarding the
election boundaries and the cost.
Linda Hopkins, employed with The Group Inc., spoke in favor of the Resolution
and noted historically unresolved school boundaries have had a negative effect
on property values.
Lynn Dean, speaking on behalf of the residents in the Mountain Range Shadows
Development, spoke in opposition to the boundary change and reported Johnson
School officials had informed her there will not be adequate room to accommodate
the students involved.
The vote on Councilmember Winokur's.motion was as follows: Councilmembers,
Azari, Edwards, Mabry, Maxey and Winokur. Nays: Mayor Kirkpatrick and
Councilmember Horak.
THE MOTION CARRIED.
Ordinance No. 26, 1991, Authorizing
the Sale of SouthRidge Golf Course
to Accent Resources, Inc., Postponed to April 16
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On February 19, Council voted 6-1 to adopt on First Reading Ordinance No. 26,
1991, which authorizes the sale of SouthRidge Golf Course to Accent Resources,
Inc. The Accent Resources, Inc. proposal was received in response to an
invitation to bid from the City and negotiations with Accent and another bidder
who responded to the solicitation of bids.
Staff recommended the Accent Resources, Inc. proposal to purchase the course for
$3.2 million because it was a cash offer and is sufficient to payoff the
remaining sales and use tax debt attributed to the SouthRidge Golf Course. This
recommendation is consistent with the Council goal to reduce the sales tax
subsidy of the Golf Course and helps reduce the City's debt burden.
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March 19, 1991
After Council adopted Ordinance No. 26, 1991, on first reading, the City and '
Accent Resources, Inc., entered into an Addendum to the parties' February 19,
1991 Agreement of Purchase and Sale of Real Property, contingent upon Council
approval. This Addendum has been entered into for the benefit of the City in
order to permit the City to reserve to itself certain rights -of -way storm
drainage, floodplain and access easements on the SouthRidge Property. This
Addendum does not change any of the other, terms of the City's sale of the
SouthRidge Property. The Ordinance was amended on second reading to include
reference to the Addendum.
On March 5, Council postponed consideration of the Second Reading of Ordinance
26, 1991 to this date and unanimously adopted Resolution 91-35 which provides
that the proceeds from the sale of SouthRidge be used to fund an escrow account
which will retire the portion of the outstanding 1986 Sales and Use Tax Refunding
Improvement Bonds attributable to the course."
City Attorney Steve Roy recommended Council adjourn into Executive Session for
the purpose of discussing legal issues relating to this item and noting the item
needed to be acted on before midnight.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adjourn
into Executive Session to discuss an adversarial legal issue.
Councilmember Horak opposed the motion stating that he did not feel a decision I
could be accomplished in the available time limit.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
At the conclusion of the Executive Session, Council reconvened in open session.
Councilmember Mabry made a motion, seconded by Councilmember Azari to authorize
the City Manager to enter into a Second Addendum Agreement with Accent Resources
Inc.
City Attorney Steve Roy described the details of the Second Addendum noting the
Addendum extends the letter of credit and the proposed closing date of the
transaction until May 16, 1991.
Ray Hale, Attorney representing Accent Resources Inc., spoke in favor of the
Second Addendum and urged Council to support the motion.
Cathy Fromme, 1308 Hepplewhite Court, opposed the motion and urged Council to
take a slower approach to the sale of SouthRidge.
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March 19, 1991
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Azari, to postpone
consideration of Ordinance No. 26, 1991 on Second Reading to April 16, 1991 or
until such earlier time as Council may have an opportunity to review any new
agreement between the parties.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Edwards requested a memo from staff regarding an activity update
on traffic enforcement to include which priority traffic enforcement falls under
in the Police Services category.
Mayor Kirkpatrick spoke of the Mayor Pro Tem selection process inquiring if
Council wanted to discuss it at the upcoming Worksession.
Mayor Kirkpatrick requested information on the proposed timetable and a
evaluation, in dollar terms, for the Timberline Extension.
Mayor Kirkpatrick noted it was the last formal meeting of the Council as
currently constituted.
Adjournment
The meeting adjourned at 11:40 p.m.
ATTEST:
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