HomeMy WebLinkAboutMINUTES-05/07/1991-RegularIMay 7, 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,
May 7, 1991, at 6:30 p.m. in the Council Chambers of the City of Fort Collins
City Hall. Roll call was answered by the following Councilmembers: Azari,
Edwards, Fromme, Kirkpatrick, Maxey and Winokur.
Councilmember Horak arrived at 6:55 p.m.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Mayor Kirkpatrick presented a Public Technology Inc. Proclamation to the Poudre
Fire Authority Defibulation Unit.
Art Parker, on behalf of the Greeley Independence Stampede Committee, read a
Proclamation naming June 30, 1991 as Fort Collins Day at the Greeley Stampede.
Yolanda C. Nicely, Pioneer Mobile Home, #T15, requested the City place a swingset
in the park off Broadway Street.
Al Bacilli, 520 Galaxy Court, voiced his opposition to the $.50 E-911 charge on
telephone bills stating the citizens of Fort Collins should have been informed
of the charge.
Agenda Review
City Manager Steve Burkett requested item #23, Resolution 91-70 Establishing City
Policy Requiring the Preparation of a Redevelopment Impact Evaluation Report from
Redevelopment Projects Which Receive Financial Assistance from the City, be
pulled from the Consent Calendar and be brought back at a later date.
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"
the Consent Calendar will be considered separately under Agenda Item #19, Pulled
Consent Items.
6. Approval of the minutes of the special meeting of April 9 and the regular
' meeting of April 16.
185
7.
Second Reading of Ordinance No. 39, 1991, Amending Section 28-17 of the
Code Relating to Bicycle and Motorized Bicycle Violations under the "Model I
Traffic Code for Colorado Municipalities," 1977 Edition.
The Colorado General Assembly has amended several statutes concerning the
traffic laws relating to bicycles and motorized bicycles. The effect of
this Ordinance, which was unanimously adopted on First Reading on April
16, will be to incorporate these State law changes into the City's Model
Traffic Code ("MTC").
By incorporating these changes into the City's MTC, conflict or confusion
that may result from differences in the State law and the City Code will
be eliminated. The changes will permit the enforcement of these State law
changes in Fort Collins Municipal Court rather than in County Court. In
addition, staff has reviewed these changes and believes they will be in
the best interest of the public safety as these changes are consistent with
the current recognized safety standards for the operation of bicycles and
motorized bicycles.
The Choice City Cycling Coalition, a local citizen group concerned about
bicycle safety, was given the opportunity to review these proposed changes
to the MTC and to comment upon them. Comments received from members of
the Coalition were taken into consideration by staff in the drafting of
this Ordinance.
Items Related to the Springer Annexation and Zoning.
Second Reading of Ordinance No. 41, 1991, Annexing Approximately 4.80
Acres, Known as the Springer Annexation.
Second Reading of Ordinance No. 42, 1991, Zoning Approximately 4.80
Acres, Known as the Springer Annexation.
On April 16, Council unanimously adopted Resolution 91-59 Setting Forth
Findings of Fact and Determinations Regarding the Springer Annexation.
On April 16, Council also unanimously adopted on First Reading Ordinance
No. 41, 1991 and Ordinance No. 42, 1991, which annex and zone approximately
4.80 acres located north of East Mulberry Street (Colorado Highway 14) and
west of Lemay Avenue. The property was donated to the City of Fort Collins
in late 1990 by the Springer -Fisher Trust and consists of a section of the
Cache La Poudre River and its associated bluff and floodway. The property
is currently zoned C, Commercial, in the County. The requested zoning is
RC, River Corridor. This is a 100% voluntary annexation of City owned
property.
APPLICANT: City of Fort Collins
"01
OWNERS: City of Fort Collins
May 7, 1991
' 9. Items Related to the Williams Annexation and Zoning.
Second Reading of Ordinance No. 43, 1991, Annexing Approximately 1.41
Acres, Known as the Williams Annexation.
Second Reading of Ordinance No. 44, 1991, Zoning Approximately 1.41
Acres, Known as the Williams Annexation.
On April 16, Council unanimously adopted Resolution 91-60 Setting Forth
Findings of Fact and Determinations Regarding the Williams Annexation.
On April 16, Council also unanimously adopted on First Reading Ordinance
No. 43, 1991 and Ordinance No. 44, 1991, which annex and zone approximately
1.41 acres located at the southwest corner of Lemay Avenue and East
Mulberry Street (Colorado Highway 14). The property was donated to the
City of Fort Collins by Mr. Jack Williams and consists of vacant land along
the north bank of the Cache La Poudre River. The property lies within the
floodway of the Poudre River and is currently zoned C, Commercial, in the
County. The requested zoning is RC, River Corridor. There is an existing
commercial off -premise bill board sign on the property which Mr. Williams,
as a condition of land donation, will retain in an easement for fifteen
years. This is a 100% voluntary annexation of City owned property.
APPLICANT: City of Fort Collins OWNERS: City of Fort Collins
10. Second Reading of Ordinance No. 47, 1991, Amending the Code Relating to
the Water Board.
On April 2, Fort Collins voters adopted a Charter Amendment to delete Water
Board references from the Charter. With the adoption of this Charter
Amendment, Water Board composition can now be changed by ordinance.
Specifically, this ordinance, which was unanimously adopted as amended on
First Reading on April 16, amends Chapter 2 of the Code to eliminate the
two alternate positions on the Board by changing the composition of the
Board from 10 regular members and 2 alternates to 11 regular members,
effective July 1, 1991.
South Shields Street - Davidson Street to Casa Grande Boulevard is a
Choices 95 project which is to be constructed this summer.
This ordinance, which was unanimously adopted on First Reading on April
16, will appropriate $70,000 from prior year reserves in the Storm Drainage
' Fund to fund storm drainage improvements in the Spring Creek Drainage Basin
187
12.
May 7, 1991
which will be constructed in conjunction with the Shields Street Choices
95 Project. During design it was discovered that the existing storm
drainage system in Shields Street is not adequate to handle the large storm
run-off from west of Shields Street. Although this Choices 95 project
anticipated minor storm drainage improvements, the drainage system
improvement is not considered part of a Choices 95 project and is the
responsibility of the Storm Water Utility.
This ordinance was unanimously adopted on First Reading on April 16.
The first part of the ordinance is a "housekeeping" amendment to the Code.
It identifies the Building Review Board as the appropriate local
governmental unit to hear requests for exceptions to the statutory
requirements for handicap accessible units in new multi -family housing
projects.
The second part of the ordinance provides guidance to the Building Review
Board as to how to interpret the very general statutory provision for
granting exceptions to the accessible housing requirements. It establishes '
more specific local criteria as part of the City Building Code. This part
of the ordinance would also prohibit the practice of building all
accessible units as one -bedroom units in a particular development. The
ordinance would require the same features or options offered in the non -
accessible units be offered proportionately in the accessible units.
13. Hearing and First Reading of Ordinance No. 50, 1991, Amending Chapter 2
of the Code Relating to the Library Board.
On July 3, 1990, Council adopted Resolution 90-100, which established a
policy for the elimination of alternate positions on boards and
commissions. That Resolution provided for the Council liaison assigned
to each board or commission with alternate positions to make a
recommendation of changes in the composition of the board or commission
to which he or she is assigned in order to achieve the elimination of
alternate positions.
Councilmember Fromme, as liaison to the Library Board, is recommending that
the 2 alternate positions on the Board be converted to regular positions
at this time, changing the composition from 5 members plus 2 alternates
to a total of 7 regular members. Both alternate positions expire July 1,
1991.
ow
J
14.
May 7, 1991
Adoption of this Ordinance, with an effective date of July 1, 1991, will
eliminate the alternate positions without causing the current alternates
to have their service on the Board terminated before a regular position
becomes available. This Ordinance also contains language which would limit
service on the board to two consecutive 4-year terms, in accordance with
Resolution 81-85, which provides that no person may serve on any one board
or commission for more than 8 consecutive years (2 complete terms).
On July 3, 1990, Council adopted Resolution 90-100, which established a
policy for the elimination of alternate positions on boards and
commissions. That Resolution provided for the Council liaison assigned
to each board or commission with alternate positions to make a
recommendation of changes in the composition of the board or commission
to which he or she is assigned in order to achieve the elimination of
alternate positions.
Councilmember Horak, as liaison to the Storm Drainage Board, is
recommending that the 2 alternate positions on the Board be converted to
regular positions at this time, changing the composition from 7 members
plus 2 alternates to a total of 9 regular members. Both alternate
positions expire July 1, 1991; however, only one of the alternate positions
is filled at this time.
Adoption of this Ordinance, with an effective date of July 1, 1991, will
eliminate the alternate positions without causing the current alternate
to have his service on the Board terminated before a regular position
becomes available. This Ordinance also contains language which would limit
service on the board to two consecutive 4-year terms, in accordance with
Resolution 81-85, which provides that no person may serve on any one board
or commission for more than 8 consecutive years (2 complete terms).
15. Items Pertaining to the Buderus First Annexation and Zoning.
A. Resolution 91-67 Setting Forth Findings of Fact and Determinations
Regarding the Buderus First Annexation.
B. Hearing and First Reading of Ordinance No. 52, 1991, Annexing
Property Known as the Buderus First Annexation to the City of Fort
Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 53, 1991, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
' Included in the Buderus First Annexation to the City of Fort Collins.
189
16
17
May 7, 1991
This is a request to annex and zone approximately 30 acres located
south of E. Vine Dr. and west of I-25. The requested zoning is the
I-L, Limited Industrial District with a PUD condition. The property
is presently undeveloped. The property is currently zoned I -
Industrial in the County. This is a voluntary annexation.
APPLICANT: Betty Y. Buderus OWNER: Same
3012 E. Vine Dr.
Ft. Collins, CO 80524
Items Pertaining to the Buderus Second Annexation and Zoning.
Resolution 91-68 Setting Forth Findings of Fact and Determinations
Regarding the Buderus Second Annexation.
Hearing and First Reading of Ordinance No. 54, 1991, Annexing
Property Known as the Buderus Second Annexation to the City of Fort
Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 55, 1991, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Buderus Second Annexation to the City of Fort '
Collins, Colorado.
This is a request to annex and zone approximately 108 acres located south
of E. Vine Dr. and west of I-25. The requested zoning is the I-L, Limited
Industrial District with a PUD condition. The property is presently
undeveloped. The property is currently zoned I -Industrial in the County.
This is a voluntary annexation.
APPLICANT: Betty Y. Buderus OWNER: Same
3012 E. Vine Dr.
Ft. Collins, CO 80524
Resolution 91-69 Finding Substantial Compliance and Initiating Annexation
Proceedings for the Huber Annexation.
The applicant and property owner, Chris Huber, has submitted a written
petition requesting annexation'of approximately 1.05 acres located south
of Drake Road and west of Taft Hill Road.
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice
190 1
1
J
May 7, 1991
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
common boundaries with the Anton Annexation to the north, the Springbrook
First Annexation to the east, and the West Drake Road Annexation to the
west.
18. Routine Deeds and Easements.
a. Deed of Easement from Stephen A. and Suzan R. Flickinger, N. Overland
Trail in LaPorte, needed for North Overland Trail Waterline
Extension. Monetary consideration: $400.
b. Easement from Barbara J. Dunihue, 4124 Sumter Square Street, needed
for providing underground utility service to the Collindale Golf
Course Restroom. Monetary consideration: $1540.
C. Powerline easement from Harry William Ellis, 1236 Columbine Court,
needed to set 8' x 2' electric oval vault to underground existing
overhead electric system. Monetary consideration: $10.
d. Powerline easement from Thomas G. Jazbutis, 207 Clover Lane, needed
to underground existing overhead electric, and to set and install
electric oval vault. Monetary Consideration: $48.
e. Powerline easement from Daniel M. George and Maureen W. George, 425
W. Mountain, needed to underground existing overhead electric
services. Monetary Consideration: $10.
f. Powerline Easement and Addendum from Philip J. Wilson, 3816 S. Taft
Hill, needed to install 10' x 10' underground electric vault for new
duct bank. Monetary Consideration: $120.
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
7.
191
May 7, 1991
8. Items Related to the Springer Annexation and Zoning_ I
A. Second Reading of Ordinance No. 41, 1991, Annexing Approximately 4.80
Acres, Known as the Springer Annexation.
fiA
9. Items Related to the Williams Annexation and Zoning.
A. Second Reading of Ordinance No. 43, 1991, Annexing Aoproximately 1.41
Acres, Known as the Williams Annexation.
B. Second Reading of Ordinance No. 44, 1991, Zoning Approximately 1.41
Acres. Known as the Williams Annexation.
10. Second Reading of Ordinance No. 47, 1991, Amending the Code Relating to
the Water Board.
Spring Creek Drainage Basin.
12. Second Reading of Ordinance No. 49, 1991, Clarifying the Functions of the '
Building Review Board in Relation to the Handicap Accessibility
Requirements of the State Statute and Providing Criteria for the Granting
of Exceptions to the Statutory Handicap Accessibility Requirements.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
13.
14.
15. Items Pertaining to the Buderus First Annexation and Zoning.
A
C.
192
May 7, 1991
16. Items Pertaining to the Buderus Second Annexation and Zoning.
2
C.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays:
None.
Staff Reports
Mayor Kirkpatrick reported on the joint meeting of the Greeley and Fort Collins
City Councils to discuss the proposed National Water Heritage Area and the impact
it would have on the Cache La Poudre Basin.
Items Related to the USDA Annexation and Zoning, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 45, 1991, Annexing Approximately 1.07
Acres, Known as the USDA Annexation.
B. Second Reading of Ordinance No. 46, 1991, Zoning Approximately 1.07 Acres
Known as the USDA Annexation, Into the T, Transition, Zoning District.
r,
On April 16, Council adopted by a vote of 6-0 Resolution 91-61 Setting Forth
Findings of Fact and Determinations Regarding the USDA Annexation.
On April 16, Council adopted on First Reading by a vote of 6-0 Ordinance No. 45,
1991 and Ordinance No. 46, 1991, which annex and zone approximately 1.07 acres
located on the east side of Timberline Road, between Drake and Horsetooth Roads.
The requested zoning is T, Transition. The property is presently developed and
used by the United States Department of Agriculture as a research facility.
There are several large warehouse structures on the property. There are no
immediate redevelopment plans for this property. This is an*enclave annexation.
APPLICANT: City of Fort Collins OWNERS: U.S. Department of Agriculture."
193
May 7, 1991
Councilmember Winokur withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 45, 1991 on Second Reading.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
(Councilmember Winokur withdrawn)
Councilmember Maxey made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 46, 1991 on Second Reading.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
(Councilmember Winokur withdrawn)
Resolution 91-71 Providi
Direction to City Staff with
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY '
On April 16, Council directed staff to prepare options to bring a closure to the
issue of the sale of SouthRidge Golf Course. Three options are being presented
for consideration as follows:
Option A -- Make a decision that the City will not sell SouthRidge Golf Course
at this time.
Option B -- Repackage and market the sale of SouthRidge and open sealed proposals
on October I with title transfer to a buyer no later than February 29, 1992.
If no sale occurs, the City re-evaluates at that time. 0
Option C -- The City continues to manage, operate and maintain SouthRidge for
the next two years, and decides on or about August 1, 1993 to either keep the
course or again try to sell it.
BACKGROUND:
One of the City Council's primary financial goals is to reduce the City's level
of debt and minimize its financial liabilities.
The City carries and will continue to carry a construction debt averaging
$383,000 per year on SouthRidge Golf Course, with an estimated annual average
of $253,000 from 1991 to 2002 projected to be paid by taxpayers through annual '
194
r
May 7, 1991
ttransfers from the Sales and Use Tax Fund. At a worksession on July 10, 1990,
Council and staff discussed three options to reduce or eliminate the taxpayer
subsidy and the City's debt burden with respect to SouthRidge. These options
were as follows: 1. shifting the cost of the debt burden from general taxpayers
to the Golf Fund and the golfing community; 2. the City assuming full ownership
and operation of all aspects of SouthRidge in an entrepreneurial approach, where
the City would own and operate the pro shop, merchandise, lessons, driving range,
and the bar and restaurant; and 3. explore the sale of SouthRidge. After review
of the three options, Council recommended that the sale of SouthRidge be explored
to reduce or eliminate the debt.
During November and December of 1990, the City solicited sealed bids for the sale
of SouthRidge Golf Course which were opened on December 7. Two cash bids were
received at that time; however, all bids/proposals were rejected for not meeting
the exact specifications of the bid. In an effort to determine the feasibility
of a sale at SouthRidge, staff began negotiations with the two cash bidders and
publicly announced to any other parties potentially interested in purchasing
SouthRidge that the City would receive new proposals through 12:00 noon on
February 7. A total of three proposals were submitted to the City and evaluated
by staff.
On February 19, Council voted 6-1 to adopt on First Reading Ordinance No. 26,
1991, which authorized the sale of SouthRidge Golf Course to Accent Resources,
' Inc. Staff recommended the Accent Resources proposal to purchase the course for
$3.2 million because it was a cash offer and was sufficient to pay off the
remaining Sales and Use Tax debt attributed to the SouthRidge Golf Course. The
recommendation was consistent with the Council goal to reduce the Sales and Use
Tax subsidy of the Golf Course and to reduce the City's debt burden.
As a result, the City and Accent Resources entered into an Agreement of Purchase
and Sale of Real Property for the City's sale of the SouthRidge property. On
March 4, 1991, the City and Accent Resources entered into an addendum that
amended the agreement which extended the date for Council's approval of the
Ordinance on Second reading from March 5, 1991, to March 19, 1991. The addendum
did not change any of the other terms of the agreement.
On March 5, Council postponed consideration of the Ordinance to March 19, and
unanimously adopted Resolution 91-35 which provides that the proceeds from the
sale of SouthRidge be used to fund an escrow account to retire the portion of
the outstanding 1986 Sales and Use Tax Refunding Improvement Bonds attributable
to the course.
On March 19, the City and Accent Resources entered into a second addendum that
amended the agreement and the addendum. This second addendum extended the date
for Council's approval of the Ordinance on second reading from March 19, 1991,
to April 16, 1991. The second addendum also extended other dates in the
agreement and made the agreement contingent upon Accent Resources' approval of
' a land survey to be provided by the City to Accent Resources pursuant to the
195
May 7, 1991
agreement. Also on March 19, Council postponed consideration of the second
reading of the Ordinance until April 16.
On April 12, 1991, the City received from Accent Resources a notice of
disapproval of the survey plat, information, and proposed easements for the
SouthRidge property which terminated its obligation to proceed with the purchase.
There was no second reading of Ordinance No. 26, 1991 on April 16, thus the
agreement with Accent Resources was terminated. Council members then voted 7-
0 to request that staff prepare options to bring a closure to the issue of the
sale of SouthRidge.
Options for Consideration
Staff has developed three basic options as follows:
Option A -- Make a decision that the City will not sell SouthRidge Golf Course
at this time. However, it is understood that if circumstances in the future
change, consideration of a sale may be appropriate.
Option B -- Repackage and market the sale of SouthRidge and open sealed proposals
on October 1 with title transfer to a buyer no later than February 29, 1992.
If no sale occurs, the City re-evaluates at that time. Staff believes it will
take until August to clear up the encroachments, easements, and right-of-way
issues, and to repackage the proposal documents. The heavy golf season slows '
down considerably after October 1, and starts up again in April (depending on
weather). The best time to transfer title would be January 1. If the course
isn't sold by the end of February, it probably won't be sold and staff should
then concentrate on the 1992 golf season.
Option C -- The City continues to manage, operate and maintain SouthRidge for
the next two years, and decides on or about August 1, 1993 to either keep the
course or again try to sell it. This option gives the City the opportunity to
manage this facility which previously had been managed by the Bucain Corporation
until January of this year. Two full years of City management should be
sufficient to judge the profitability and efficiency of SouthRidge. A sale could
then occur in late 1993 for title transfer by January 1, 1994, if desired. It
should also be noted that based upon the cash -flow method of appraisal using a
return on investment, SouthRidge Golf Course is "valued" at roughly $2.2 million
maximum. As of 1994, the outstanding balance owed on the debt will be
$2,175,752. Therefore, after 1994, the course will be fully profitable for a
sale.
Five options considered but not presented at this time are as follows: 1.
Negotiate a sale with one (or"more) of: the other potential buyers who have
contacted the City recently; 2. Negotiate or bid a lease/purchase; 3. Negotiate
or bid a straight lease; 4. Negotiate or bid for a private management firm to
totally operate the course; and 5. Convert SouthRidge to an entrepreneurial
approach where the City owns and operates everything, including the pro shop and '
196
May 7, 1991
' restaurant/bar, etc. Council PP
previously did not show support for Numbers 2
P
through 5, and Number 1 would exclude any other potential buyer.
Pros and Cons of a Sale
There is a demand for SouthRidge as a public facility. In spite of the addition
of this course to the City's public inventory, the demand for golf services
continues to grow. The need for an additional public golf course is foreseen
in the mid -to -)ate 1990's to meet the growing demand. Although the circumstances
which surrounded SouthRidge's development and acquisition may be the focus of
criticism, the end result is that the public has an asset, that asset is in
demand, and the price (while more than originally bargained for) is generally
a fair one for the asset received.
The arguments and issues supporting the sale of SouthRidge Golf Course are as
follows:
A. Elimination of Debt/Budget Planning -- Elimination of the construction debt
currently at $3,100,000. This eliminates the need for taxpayer dollars or
higher golf fees to cover that amount. As a part of the 1992 Budget process
staff is looking at ways to reduce losses, reduce expenses, and increase
revenues.
' B. Safety and Liability Concerns -- SouthRidge is practically surrounded by
housing development. This presents the potential for liability claims
resulting from errant golf balls that strike houses, vehicles, and people
next to the course.
C. Security Risk -- The security of access to the course is virtually beyond
control. Homeowners and non-residents can and do enter the course grounds
from several locations and play golf without paying the green fees.
D. Design Problems -- The course was designed to complement and enhance the
adjacent development. As housing development occurs, new problems such as
drainage issues will continue to surface. In addition, other issues such
as erosion on Fossil Creek and environmental concerns may continue to be
issues and contribute to future costs.
E. Tax Revenue -- As a private course, the new owners would pay taxes to the
City and other governmental entities.
F. Poor Public Relations -- SouthRidge and the City's ownership and relationship
with the.Bucain Corporation has been confusing for the public and has created
public perception problems. The project was originally billed"as a "free"
golf course. In the end, it is now perceived as a financial burden to
197
May 7, 1991
some people and has come to be a symbol for a past mistake. The local '
homeowners have also endured this stigma. A sale can help bring closure to
this politically controversial issue.
G. Consistent Financial Policy -- Sale of the course would be consistent with
policy supporting privatization and contracting.
N. Course Improvements/Additions -- A private sector owner could make
improvements to the course or acquire adjacent lands to add nine more
holes of public golf. The probability is that the City could not make such
improvements.
I. Intent of City -- Prior to February 19, many potential buyers did not believe
the City was serious in its efforts to sell SouthRidge. Now potential buyers
are aware that the City did intend to sell the course so this will no longer
be a potential limit to legitimate proposals.
The arguments and issues in opposition to the sale of SouthRidge Golf Course are
as follows:
A. Demand -- Golf play in the United States, Colorado, and specifically Fort
Collins has been increasing, and all projections for the future show
continued growth. Play at the City's other municipal courses has been
growing. Golfers are starting to pressure staff and the Golf Board to '
consider the construction of another public golf course in the 1990's.
Potential changes in the course made by a private owner may place additional
pressure on the City for a new municipal course.
B. Public Access and Fees -- SouthRidge is currently totally accessible to the
general public under fair rules for access. The user fees may be
significantly increased without public input or oversight if the course is
not under City control, and restrictions guaranteeing public access may be
questionable.
C. Water Rights -- The City currently owns all water provided to the course.
If sold, the new owner will have to pay a substantial amount for its own
source of water which may result in increased cost to golfers.
D. Taxes -- As a private course, the new owners would pay property taxes which
the City currently does not pay which may result in increased costs to
golfers.
E. Future Course Development -- Selling the course may send a message that the
City is not interested in:continuing in the golf course business and that
the City will not address the need for future course development. The Golf
Board believes that the City will need another public course by the mid -to -
late 1990's. It would seem inconsistent to sell a course today for $3.2 ,
198
F1
May 7, 1991
million only to potentially build a new course at a greater cost in the
future.
F. City Management -- The City has owned SouthRidge since 1982, but only begun
managing, operating and maintaining the course in January 1991. The City
manages Collindale and City Park Nine professionally and efficiently and
without cost to the taxpayers. That same management expertise could be
applied to SouthRidge for at least a few years.
G. Public Value -- There is an inherent value to the Fort Collins Community for
maintaining City -owned public golf courses which should be preserved.
Historical Background of SouthRidge
The following historical discussion of SouthRidge is presented as background in
considering this issue.
In 1982, the City entered into a series of agreements with the Bucain Corporation
(also sometimes known as the SouthRidge Greens Corporation, as well as Cliff
Buckley and Bernie Cain as individuals) which included the acquisition,
development, leasing, guarantees, financing, and the operation and maintenance
of SouthRidge Golf Course. At that time, the City paid approximately 12,800,000
(from $3,300,000 in Bond Anticipation Notes) for the complete construction and
outfitting of the course with all the necessary equipment. This regulation size
18-ho7e public golf course facility was developed for the City by Bucain on 130
acres of land donated to the City in basic exchange for the City's construction
financing. The course opened for play in July 1984, and has been contractually
leased for its total management, operation and maintenance to Bucain since that
time. An average of 44,000 green fee paying golfers per year have played
SouthRidge since it opened. The Bucain Corporation was the developer of the
adjacent 73-acre residential/commercial tract.
The original intent was that revenues generated at the Golf Course would cover
all course related expenses, and that the construction debt would be paid off
by 1988 with a portion of the proceeds from the sale of all the residential units
which surrounded the course. The City was to essentially receive a "free" golf
course. However, the housing market in Fort Collins and specifically at
SouthRidge did not materialize as envisioned, and the debt payments were not met
as originally conceived. The original SouthRidge construction debt was then
refinanced as a part of a 1986 Bond Issue lasting through the Year 2002. The
course management agreement with Bucain expired on January 17, 1991. At that
time, the City took over full management, operations and maintenance at
SouthRidge utilizing a contractual golf professional, a contractual snack
bar/restaurant concessionaire, and contractual/seasonal-City employees performing
all maintenance functions, similar to the operation of Collindale and City Park
Nine Golf Courses.
EE161
May 7, 1991
Since 1988, the operating revenues from SouthRidge have generated at least
$100,000 annually over -and -above all operation and maintenance costs and have
helped to reduce the construction debt. In 1988 Council implemented a SouthRidge
Surcharge of an additional $1.50 on 9-ho7e green fees and an additional $2.50
on 18-ho7e green fees to raise the extra revenues. However, the City has
continued to provide an annual subsidy or transfer from the Sales and Use Tax
Fund to cover debt payments. Debt payments average between $230,000 and $265,000
per year (depending upon course revenues and expenditure) and are projected
through the Year 2002.
As of December 31, 1990, the remaining debt service on SouthRidge was slightly
under $3,100,000. From 1983 to 1990, the City has paid approximately $2,900,000
in SouthRidge debt service with $1,900,000 from the Sales and Use Tax Fund.
Golf Board Recommendation
The Golf Board, at a special meeting held on February 13, 1991, voted unanimously
(7-0) to not support the sale of SouthRidge Golf Course. At its meeting of April
17, 1991, the Board reiterated its general opposition to a sale, however,
Boardmember consensus is to support an option which allows the City to operate
SouthRidge for two to three years and then decide if a sale is appropriate."
Assistant to the Director of Cultural, Library and Recreation Services Jerry I
Brown gave a presentation on the history of SouthRidge and summarized the
options. He stated staff did not recommend Option C.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-71 Option A.
Bruce Lockhart, 2500 E. Harmony Road, spoke in support of Option B.
Harold Walauver, residing in the SouthRidge area, supported Option A and stated
there was a need for an additional course in Fort Collins.
Councilmember Fromme stated the City should maintain the course until a
substantial offer is received that would justify the sale.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmember,s
Edwards, Fromme and Horak. Nays: Councilmember's Azari, Kirkpatrick, Maxey
and Winokur.
THE MOTION FAILED.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-71 Option B.
Bruce Lockhart, 2500 E. Harmony Road, spoke in support of Option B.
200
May 7, 1991
' Henry Fry, 412 Del Clair Road, commented that eventuallythe course will become
self supporting and urged Council to retain SouthRidge.
Councilmember Fromme opposed Option B and noted that SouthRidge has continued
to have a positive cash flow.
Mayor Kirkpatrick supported Option B and reported on neighborhood concerns
regarding the sale. She stated the funds used to operate the course need to be
used for services of a higher priority.
Councilmember Edwards opposed Option B and reported if a potential buyer made
a legitimate offer he would then reevaluate his position.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Kirkpatrick, Maxey and Winokur. Nays: Councilmember's Edwards, Fromme
and Horak.
THE MOTION CARRIED.
Resolution 91-72 Giving Direction
to City Staff Regarding Certain Options
for Solar Orientation, Adopted Alternative A
I
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At a regular meeting on April 16, 1991, the City Council directed the staff to
schedule for the May 7, 1991 agenda, the reconsideration of the solar orientation
options described in Resolution 91-54, adopted on March 19, 1991. The resolution
identified a list of priority options for improving solar orientation in new
residential development. The objective of the resolution was to identify a list
of options that the staff should pursue to present to Council and the public at
a future date with detailed resolutions and/or ordinances implementing these
options.
On March 19, the discussion among City Council members focused on the issue of
methods of implementation, more specifically, whether to impose "requirements"
(a.k.a. mandatory standards) or "recommendations" (a.k.a. voluntary guidelines).
The discussion focused on whether priority options I and 2 of Resolution 91-54
should be "requirements" or "recommendations". Ultimately, the Council decided
to direct staff to pursue options 1 and 2 as "recommendations". In addition,
a new option (#6) was added which directed staff to evaluate a "utility rebate"
program.
201
May 7, 1991
The staff has two choices for Council to consider. First, the Council could
decide to affirm and uphold the previous Council decision as detailed in
Resolution 91-54. The second choice is to rescind Resolution 91-54 and adopt
a new one.
If Council decides to rescind Resolution 91-54, two alternative resolutions have
been prepared for review and consideration.
Alterative A contains a selected list of options recommended by the Planning and
Zoning Board. Some of these options are voluntary and focus on education, while
other options are mandatory and require the orientation of lots and/or buildings
in new development. This resolution directs that options 1 and 2 be prepared
as "requirements". This resolution is identical to one presented to City Council
on March 19.
Another possible action is for Council to amend alternative A and direct staff
to investigate options 1 and 2 as "recommendations" as well as "requirements".
When the staff has more information to present, the Council can decide whether
to pursue these options as a "recommendation" or as a "requirement".
Alternative B contains all of the options contained in the Staff Report dated
February 15, 1991, from which the City Council may choose the options, if any,
to be pursued. This resolution is identical to one presented to City Council '
on March 19."
Assistant Planning Director Joe Frank gave a brief history on this item and
reviewed the options.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-72 Alternative A.
Gina Janett, 1160 Spanish Oak Court representing Citizen Planners, encouraged
Council to adopt the original staff recommendation of a mandatory solar lot
orientation requirement.
Yolanda C. Nicely, Pioneer Mobile Home Park, #T15, spoke in support of
Alternative A.
Chris Ray, representing the Northern Colorado Association of Home Builders,
supported solar orientation and spoke of the need for public education. He
opposed Alternative A commenting on the regulations which would be imposed on
builders and developers.
Floyd Spelts, 3106 Laredo Lane, stated solar power is very successful but it is
not a solution for all individuals. He opposed Alternative A.
202
f
1
May 7, 1991
Stan Everitt, 1445 Wakerobin Court, read a letter that opposed solar energy
requirements and questioned the need for new polices, programs and regulations
when the current plan is working successfully.
Eldon Ward, Planning Consultant with City Scape Urban Design, stated Alternative
A would hinder the quality of residential development.
Alan Apt, 1406 Freedom Lane, said energy conservation should be a priority and
urged adoption of Alternative A.
Dennis Donavan, 309 W. Harmony Road, commented on the benefits of solar
orientation.
Linda Hopkins, 1809 Rangeview, supported solar orientation and recommended the
City request Public Service involvement as well as solicit input from the
Northern Colorado Home Builders Association.
Frank Vaught, residing at 1743 Sagewood, opposed the regulatory measures placed
on developers and citizens and encouraged Council to continue researching the
issue.
Katie Williams, representing the Fort Collins Board of Realtors, expressed her
opposition to Alternative A, stating Fort Collins Board of Realtors supported
Resolution 91-54 which offers consumers voluntary options.
Steve Erthal, 1617 Pursing Court, urged Council to adopt Alternative A.
Janet McNulty, 1506 Shadow Mountain Court, stated Council should review all
possibilities including xeriscaping and landscaping design before requiring
solar orientation.
Dell Black, 15366 North County Road, commented on the solar panels at City Hall
West.
Councilmember Maxey disagreed with the mandatory requirement for solar power and
stated he did not support the resolution.
Councilmember Azari opposed the resolution stating she was content with
Resolution 91-54 which was passed at the March 19 meeting.
Councilmember Edwards concurred with Councilmember Azari and opposed the
resolution.
Councilmember Fromme stated adopting a solar passive lifestyle would create an
internal economy. She noted the Planning and Zoning Board and Natural Resources
Board unanimously recommended Alternative A.
' Mayor Kirkpatrick spoke in support of Alternative A.
203
May 7, 1991
1
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Fromme, Horak, Kirkpatrick and Winokur. Nays: Councilmembers Azari, Edwards
and Maxey.
THE MOTION CARRIED.
Resolution 91-73 Concerning Burning
of Hazardous Waste in Cement Kilns in
the Vicinity of the City of Fort Collins. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This resolution was prepared at Council's request. The resolution states that
Council is opposed to the burning of hazardous waste in cement kilns in the
vicinity of the City of Fort Collins. It also directs staff to bring back to
Council a proposed workplan to implement the policy direction adopted by the
Council.
BACKGROUND:
At its April 16 meeting, Council directed staff to bring forward a resolution I
clarifying that City Council opposed the proposed burning of hazardous waste by
Holnam Inc. at its Boettcher plant in LaPorte.
Proposal
To summarize what is known of the proposal, Holnam planned to burn liquid
hazardous waste as a fuel supplement. Holnam's application to the EPA and State
Health Department for permission to proceed with the proposal has been
temporarily withdrawn under the proposal. The hazardous waste would have
replaced up to 50Y of Holnam's fuel use, with annual consumption on the order
of 10 million gallons. Holnam expected to obtain hazardous waste fuels from a
"blender" who receives the waste from various sources and blends it to Holnam's
specifications. The blending operation was to be collocated at the cement plant.
Holnam also planned thermal treatment of solid hazardous wastes such as
contaminated soil or sludge using new equipment to be constructed for this
purpose. To store wastes prior to burning, Holnam planned to construct storage
tanks for both liquid and solid wastes. Transportation of wastes to the cement
plant was to be by tanker trucks initially. Railroad shipments were contemplated
in the future.
City Council has so far taken three actions on this matter. In December 1990,
Council supported the decision by the Larimer County Commissioners to require
a Special Review of the proposed land use change at the plant. In February 1991,
Council adopted Resolution 91-25 supporting a moratorium on the burning of '
204
May 7, 1991
hazardous or toxic substances in cement kilns until acceptable standards, review
processes, and enforcement and monitoring programs have been adopted and
implemented. In March 1991, Council supported amendments to the Larimer County
zoning code that set forth requirements for Hazardous Waste Treatment/Disposal
operations. These included the preparation of Environmental Impact and Health
Risk Assessments.
Issues
Several public health and public policy concerns about the proposed hazardous
waste burning have received widespread attention throughout the community.
o Existing federal state and local regulations may not sufficiently
address the complex mix of emissions produced by the incineration of
hazardous waste.
o The regulatory agencies involved (U.S. Environmental Protection
Agency and Colorado Department of Health) do not have the personnel
and funding necessary to adequately monitor and enforce the
regulations that do exist, and self enforcement by industry lacks
credibility as a safeguard.
' o Importing hazardous wastes by truck or rail increases the chances the
community will be exposed to accidental releases from transportation
mishaps.
o Pollution prevention programs can reduce the need for burning of
hazardous waste, yet state and federal governments have not acted
aggressively to promote such programs.
Staff recommends adoption of the proposed resolution. Although Holnam's
proposal to burn hazardous waste has been withdrawn, a stance of opposition to
the proposal or similar proposals is prudent considering the issues that have
been raised.
Restrictions on Purchasinv
Councilmember Fromme requested that this resolution include a provision that
would restrict the City and its contractors from using cement that was produced
at a plant which burns hazardous waste as fuel. Preliminary inquiries to
determine the effect of such restrictions on City operations identified several
concerns that need further investigation.
The City buys cement from several local suppliers who obtain most of their raw
concrete from the LaPorte plant. If the proposed purchasing restrictions were
implemented, local ready mix suppliers would need to obtain alternative supplies
and construct new storage facilities. The local suppliers indicated that cost
205
May 7, 1991
'
increases would result. The magnitude of these increases and the resulting
impact on existing City contracts and future projects is not yet known.
The Light and Power Utility uses a specialty product, "unshrinkable backfill",
to backfill utility trenches. This product was developed by Ideal Cement
(Holnam Inc.) and is only available from this company. It is not known at this
time if an acceptable alternative can be obtained.
Finally, the purchasing restrictions would require an enforcement mechanism. It
is unclear whether material would need to be tested by the City, or if
certification by the supplier would be an acceptable method.
Because of the three issues above, provisions regarding purchasing restrictions
have not been included in the resolution at this time. If Council wishes to
pursue this as an issue separate from the attached resolution, please give us
the appropriate direction."
Environmental Planner Brian Woodruff gave a brief presentation on this item
summarizing the Council and staff actions to date.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-73 inserting in Section 2, between the word "opposition" and the
"that City funded projects will not use cement made from cement kilns that
burn hazardous waste as a fuel".
Councilmember Fromme proposed an amendment, seconded by Councilmember Horak, in
'
the 7th WHEREAS paragraph to delete all text after the phrase "cement kilns".
Councilmember Fromme stated that regardless of acceptable emissions standards
burning hazardous wastes in any cement kilns is not acceptable.
Councilmember Fromme offered an amendment in Section 1 under the "NOWTHEREFORE"
section deleting everything after the phrase "Fort Collins" in the first
sentence. Councilmember Horak accepted both proposed amendments as friendly
amendments to his original motion.
Angela Nicely, Pioneer Mobile Home Park, #T15, opposed the burning of hazardous
wastes at the cement kiln.
Del Black, 15366 North County Road 15, spoke in opposition of the resolution and
urged the City to halt the dumping of sludge in Meadow Springs.
Yolanda C. Nicely, Pioneer Mobile Home Park, #T15, asked that Fort Collins set
standards for the nation and say no to hazardous waste burning.
Councilmember Winokur offered the following amendments to the resolution; 1)
amending the second WHEREAS paragraph to read "WHEREAS, the burning of hazardous
waste in cement kilns can adversely affect public health and the environment '
206
May 7, 1991
' through the routine or accidental release of hazardous waste during
transportation, transfer or storage and through the burning process itself;
and", 2) amending the second to the last WHEREAS paragraph to read "WHEREAS
sufficient data or information has not been developed to show that the
environment of the Fort Collins area would not be adversely affected by the
transportation, transfer or storage and burning of hazardous wastes in cement
kilns in the vicinity of the City of Fort Collins", and 3) inserting a new
first WHEREAS paragraph to read "WHEREAS, the disposal of hazardous waste
materials is sometimes accomplished by the burning of such wastes in cement
kilns, boilers and industrial furnaces whether for energy industrial purposes
or otherwise; and".
Madeline Fetch, a LaPorte resident, spoke in support of the resolution and
requested that the phrase "a 10 to 20 mile vicinity", be included in the
resolution to protect surrounding areas.
Bob Fetch, a LaPorte resident, spoke in support of the proposed amendments and
commended Council for its concern and support.
Alan Apt, 1403 Freedom Lane, supported the resolution.
Laureen Taylor, an EPA intern residing at 1200 E. Stuart Apt. #19, spoke in
support of the resolution and stated she was in the process of organizing a
' Waste Minimization Seminar.
Ray Sanderson, 300 Remington, representing the United Seniors of Colorado, spoke
in support of the resolution.
Dennis Stenson, an organic farmer residing at 2820 W. Elizabeth Street, spoke
of concerns regarding hazardous wastes and urged Council to adopt the
resolution.
David Roy, a Larimer County resident, thanked Council for the time and effort
contributed regarding the issue.
Michael Scott, representing the LaPorte Area Advisory Committee, spoke in
support of the resolution.
Nancy York, commended Council for its efforts and urged adoption of the
resolution.
Bruce Lockhart, 2500 E. Harmony Road, disagreed with the Councilmembers who
expressed their views on this item publicly before it had been formally
presented.
Audrey Stockton, a Laporte resident recognized Council for its efforts.
207
May 7, 1991
PP
Mayor Kirkpatrick supported the resolution and remarking that privatizing '
Y P
hazardous materials needs to be a public responsibility.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Horak requested additional information on the matter relating to
sidewalk issues on North College.
Councilmember Maxey commented on the obstructions to foot traffic in the North
College area.
Councilmember Fromme requested background information regarding City sludge
dumping.
Mayor Kirkpatrick asked for information regarding the City's role in the E-470
discussions.
Councilmember Edwards referenced a letter from the Housing Authority asking for
its exemption from the Council policy regarding alternate memberships on boards '
and commissions. He asked that the issue be brought before Council at the next
regular meeting noting the Housing Authority wishes to preserve its alternates
and that Council should consider it a policy matter.
Councilmember Edwards made a motion, seconded by Councilmember Horak, to adjourn
the May 7 meeting to May 14, at 6:15 p.m. into Executive Session for the purpose
of discussing the Glacier Park acquisition.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:45 p.m.
Mayor
ST
A TE'g4�lLA
City Clerk '
208