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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2002 - SECOND READING OF ORDINANCE NO. 096, 2002, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 10 DATE: August 20, 2002 FORT COLLINS CITY COUNCIL STAFF: Alan Krcmarik SUBJECT: Second Reading of Ordinance No. 096, 2002, Authorizing the Transfer of 151 Acres from Special Improvement District No. 86 (the Provincetowne Portner Special Improvement District) to the City Natural Areas Program in Exchange for Payment for Value. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This Ordinance, which was unanimously adopted on First Reading on July 16, 2002, authorized the Natural Resources Department to acquire approximately 156-acres of open space, natural areas, and reservoir located in the Provincetowne Special Improvement District. This Ordinance has been changed on Second Reading to: (1) insert the legal description of the property, which was not available for First Reading; and (2) adjust the stated acreage from 156 acres to 151 acres to reflect the more accurate number that was developed in the course of creating the legal description. I AGENDA ITEM SUMMARY ITEM NUMBER: 16 FORT COLLINS CITY COUNCIL DATE: July 16, 2002 STAFF: Alan Krcmarik SUBJECT: First Reading of Ordinance No. 096, 2002, Authorizing the Transfer of 156-Acres from Special Improvement District No. 86 (the Provincetowne Portner Special Improvement District) to the City Natural Areas Program In Exchange for Payment for Value. RECOMMENDATION: Staff recommends adoption o e Ordi ce o PtReodying ...j FINANCIAL IMPACT: The City became the owner of approximately 341-acres of the Provincetowne Special Improvement District property when owners of the land failed to make special assessment payments. To prevent default on the bonds that had been issued to make the improvements in the special district, the City advanced money from the General Fund to make payments to b e a yth ondholders and to repay the General ,,,,Fund, the Finance Department has b sellin rope u� dthe foreclosure process. Most of the les have been made to private o ers, b the t eepartment thought that the Benson eservoir and the adjacent property a d n to Space program. City policies allow for other City Departments to indicate if they would like to acquire other City property. The value of the land was set through an open bidding process, which in turn was supported by an independent appraisal. The Finance Department will make the $1,035,422 payment by transferring money from the Open Lands fund to the special improvement district fund. EXECUTIVE SUMMARY: Adoption of this Ordinance would allow the Natural Resources Department to acquire approximately 156-acres of open space, natural areas, and reservoir located in the Provincetowne Special Improvement District. ro is d o ollege Avenue and south of Trilby Road. The total cost the a sitio w' belsl, 2. The total cost includes the cost of the land, credits f reconst ction f dam the reservoir site, restoration, easements, and interest on t n incqjW since the Natural Resources Department indicated its interest in buying the property. BACKGROUND: The City became the owner of approximately 341 acres of property located south of Trilby Road, west of Lemay Avenue, north of Carpenter Road, and east of College Avenue after the property was sold at tax sale in 1990 (the "Provincetowne Property"). In 1996, the City entered into an agreement to convey approximately 181-acres of the Provincetowne Property to Pridemark Homes. Pridemark sold its interest in the property to KB HOME COLORADO. KB has been acquiring portions of the property through an option contract for the last four years. KB has also negotiated and acquired various easements within the property to meet its development requirements. DATE: July 16, 2002 2 f ITEM NUMBER: 16 The City's Natural Resource Department indicated that it would acquire the remaining acreage, which was recently determined by the City Engineering Department to be 155.63 acres in size. A map showing the location of the property is attached. The area will be used as a natural area. Improvements to the dam and reservoir will be required and the associated costs have been taken into account in determining the acquisition price. City staff from the Finance and Natural Resources Departments arrived at the total cost for this transaction based on the following: 83 acres X $10,588/acre $878,804 73 acres X $3,000/acre Reduction - 50% of Dam recC Reduction - 50%a of Restorati c X ps (y$25 Sub-Total Plus Interest for 98,99,00,01 & 02 thru August $247,023 Total $1,149,077 Less Value of Provincetowne Drainage Easements Granted on the Property in 2001 $113,655 Purchase Price 1 2 • MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD SPECIAL MEETING 281 N. COLLEGE June 19, 2002 For Reference: Randy Fischer, NRAB Chair - 226-5383 Ray Martinez, Council Liaison - 416-2154 Michelle Pawar, Staff Liaison - 221-6263 Board Members Present Reagan Waskom, Nate Donovan, Linda Knowlton, Phil Murphy, Randy Fischer, Don Rodriguez, Kelly Ohlson Board Members Absent Arvind Panjabi, Steve Ryder Staff Present Natural Resources Dent: Mark Sears, Michelle Pawar, Terry Klahn • Guests Eric Hamrick Janna Six Agenda Review No changes. Solid Waste Diversion, Susie Gordon Gordon provided a brief background and an update of the City's solid waste diversion plan. Discussion • Fischer: If this presentation is going to Council I would suggest changing the names of the categories. • Gordon: It's more likely that we'll go with a short list. Some of the things that are cheap and easy we may just do automatically. • Knowlton: Why is there a lack of good data if it's easy to correct? • Gordon: It isn't that we haven't been doing it. We're making a concerted effort. We're fairly aggressive, and each year it gets a little better. • Murphy: Number 5 (reduce collection schedule for recycling) you say is easy, but who is it easy for? I would erase that one. It might be easy for the City, but it's • difficult for the homeowner. Natural Resources Advisory Board June 19, 2002 2 • Waskom: It would help me to have numbers about how much more would be diverted. • Gordon: What we heard from the Skumatz report is that the big chunks are construction debris and yard waste. • Fischer: One important issue is increased commercial participation. • Gordon: We have said, "here's our top picks". We're trying to stay open minded. Every one's perspective is valuable. When we go to Council it would be helpful to say we talked to the board and the community, and here's the top choices. • Gordon: I was surprised at the support for new measures from the haulers. • Fischer: I would like for board members to think about an effective way to communicate with Council. We need to make hard decisions, even if they cost a lot. What are the most cost effective of the alternatives? • Six: What would the City have to do about the yard waste? • Gordon: There must be a guarantee it goes to a certifiable recycling community. That's a problem. Currently there's Roger Hageman, and a few places further east. It could increase diversion by 10%. We heard from the committee that it could dis- incentive back yard composting. • Pawar: Do we have a sense of approximately how many people compost? • Gordon: It's difficult to measure. • Ohlson: It's not even allowed in many HOA's. • Gordon: Part of the practicality is the budget cycle. We'll be going through the exception process. • Murphy: I'm a big fan of increasing what's required to be picked up curbside. In some ways I'm not a big fan of seeing the yard waste included. The City has done a great job with educating people about yard waste, I'd hate to give people an out. Increasing commercial and multifamily recycling has always been a high priority for the committee, and this group as a whole. • Donovan: I agree with Phil on the yard waste. • Rodriguez: There seems to be a huge disconnect, if 80% are recycling, and we're only diverting 17-24% of the waste stream. The commercial sector needs to be engaged. I believe curbside yard waste collection is a good idea. The people that compost will continue to compost. I don't see that as a dis-incentive. • Ohlson: I'm not clear on the time table. If we leave things off now,when will they be revisited? • Gordon: We can go to Council with immediate projects now,but come back with a complete work plan for the following two years. • Pawar: Our goal is to sync up with the budget process. • Ohlson: I think you need to define"expensive". This department needs to operate on the same wave length as other departments. Also,Number 4 is a big one. We need systemic change. We need to make people pay for the trash they throw away. If you do, they'll recycle. It's market economy. It's fair and just, and all the other stuff is just frosting. We have to improve multi family recycling. That's always been on the agenda. What does it mean when you say phase in a two year project for baseline data? Natural Resources Advisory Board June 19, 2002 • 3 • Gordon: We have a proposal,that if funded, would being out a plan to work with select apartment managers on a voluntary basis. We would do site by site analysis and ask them what they need. • Hamrick: Council likes to know how much things cost. It would be good to have some rough numbers. Present both sides, cost and benefits. The exception process is coming up, right now the City has 10 million dollars of one time money. It might be worth considering. • Ohlson: There is also the overage money. It's staggering how much is available in one-time money. • Gordon: Would the committee like to meet and refine the list? • Fischer: The committee will work with staff to refine the list and come up with something to send to Council that everyone is comfortable with. Nate Donovan made the following motion: Move that the NRAB send a memo to Council, with the content to be determined by the committee and circulated to the full board. The motion passed unanimously. Acquisitions—Formal Action . Randy Fischer said Mark Sears has a couple items that require board action. Provincetown Sears provided some background information about the purchase and the property. Randy Fischer said he some problems with the development, and letting a developer put a detention basin on a natural area. Sears said they paid fee simple 100%value of the land, and the City has been fully compensated for their facilities. They're also restoring 20 acres that would have had to been restored at our expense. Sears added that in ten to fifteen years we'll have 83 acres of prairie and 73 acres of marsh, wetland habitat. The NRAB unanimously approved the purchase of the property. Fossil Creek 10 Acre Parcel Sears said this is a ten acre parcel completely surrounded by open space. We've been negotiating for a couple years on this parcel. Currently there is an offer the seller would be interested in considering. This is the last piece of the puzzle. • Rodriguez: Any chance of a land swap? • Sears: We've been bringing him parcel after for parcel for years. He hasn't been interested. • Donovan: Paying this much per acre couldn't do anything except raise the bar a little for other property owners. • Fischer: We've passed on high dollar properties before. • Natural Resources Advisory Board June 19, 2002 4 Linda Knowlton made the following motion: Move that we recommend to Council not purchasing this property at this price. The motion passed unanimously. Adjournment The meeting was adjourned to a work session format at 8:00 pm.