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HomeMy WebLinkAboutMINUTES-02/16/1993-Regular' February 16, 1993 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday February 16, 1993, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Al Bacilli, 520 Galaxy Court, asked about the process for selecting the golf pro at SouthRidge Golf Course. Citizen Participation Follow-up City Attorney Burkett stated the contract has been awarded and there has been an administrative appeal filed. He stated there also has been a legal appeal filed. He stated the Council does not have the legal authority to overturn the contract. He stated there will be a review of the process and procedures for future ' contracts. Agenda Review City Manager Burkett stated there was a revised resolution for Item 21 and on Item 30 there was revised Exhibit "A". Councilmember Winokur requested Item 16 "A", Second Reading of Ordinance No. 18, 1993, Submitting a Proposed Charter Amendment to a vote of the Registered Electors Concerning Enterprises and City -Owned Utilities, be withdrawn from the Consent Calendar. Michael Klesert, 5001 South Overhill Drive, requested Item 20, Resolution 93-23 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements, be withdrawn from the Consent Calendar. Bruce Lockhart, 2500 East Harmony Road, requested Item 24, Resolution 93-27 Establishing a Corporate Membership in the International Council for Local Environmental Initiatives (I.C.L.E.1.), be withdrawn from the Consent Calendar.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 #26, Pulled Consent Items. 7. up Q 10. February 16, 1993 This Ordinance, which was unanimously adopted on First Reading on February 2, will vacate excess right-of-way for Foxtail Street and Sugarpine Street, dedicated with the Replat of Evergreen Park 2nd Filing, located north of Conifer Street and west of North Lemay Avenue. The City of Fort Collins was awarded a 1992 grant from the Colorado Historical Society in the amount of $4,000 for the work necessary to nominate two local properties to the National Register of Historic.Places and to create a "How To" video on preparing local and national historic designations. This Ordinance, which was unanimously adopted on First Reading on February 2, provides information which will be used in the Historic Resources Preservation Program. Like the State, the City of Fort Collins has maintained laws in its Code against theft and the destruction of property (criminal mischief). Currently, under State law, such crimes may be considered either a misdemeanor or a felony, depending upon the amount of dollar loss. Under the City Code such crimes are misdemeanors. Effective in 1992, the Colorado General Assembly changed the jurisdictional amounts for the crimes of theft, theft of rental property, and criminal mischief by raising the break point between misdemeanor and felony crimes from $300 to $400. The Code currently uses the prior break point of $300. This Ordinance, which was unanimously adopted on First Reading on February 2, amends Sections 17-36, 17-37, 17-38, and 17-39 to raise the value limit of stolen and damaged property to $400, consistent with State statutes relating to theft of property, theft of rental property, and criminal mischief. This Ordinance, 2, would allow sanitary sewer are paid. which was unanimously adopted the discharge of water from system if certain conditions 418 on First Reading on February sump pumps into the City's are met and applicable fees February 16, 1993 Funds were appropriated in 1992 for specific purposes as described below, but not spent. The unspent funds were added to the reserves at the end of 1992. Appropriations were typically not spent because there was not sufficient time to complete bidding in 1992, and thus there was no known vendor or binding contract to encumber the funds for expenditure in 1993. This Ordinance, which was unanimously adopted on First Reading on February 2, reappropriates the 1992 funds for the same uses as were originally approved by Council in 1992. 12. This Ordinance, which was unanimously adopted on First Reading on February 2, would appropriate $7,496.70 earned as interest on an escrow account into the Street Oversizing fund for payment of construction costs at Southridge Greens Boulevard. 13. On February 2, 1993, Council unanimously adopted Resolution 93-15 Authorizing Application to Northern Colorado Water Conservancy District for Cancellation of Temporary Use Permits. This Ordinance, was unanimously adopted on First Reading on February 2, and is needed to apply for the transfer of 745 acre-foot units of Colorado -Big Thompson (CBT) Project water held by the City under Temporary Use Permits to a permanent Class B Contract. The Northern Colorado Water Conservancy District ("NCWCD") requires that Temporary Use Permits be converted to a permanent Class B Contract every few years. 14. This Ordinance, which was unanimously adopted on First Reading on February 2, will, pending Federal Aviation Administration approval, implement the maximum Passenger Facility Charge allowable of $3.00 per enplaned passenger. Collection is anticipated to begin October 1, 1993, and end when projects approved by the Federal Aviation Administration have been completed. Completion of projects is estimated to be October 31, 1996. Total financial impact, based on present enplanements with a 3.7% annual growth factor calculated over the three year project period, will be ' $246,360. 419 15. February 16, 1993 The City Code outlines a procedure whereby any person may file a complaint with the Mayor if he or she believes that a City councilmember or board or commission member has committed an ethical violation. Under this procedure, any such complaint which is to be placed on the next Council agenda for review and possible action by the Council. In the event that such a complaint is filed against four or more councilmembers, the Council is unable to obtain a quorum to act with regard to the complaint. The purpose of the proposed revision is to provide a procedure for dealing with such complaints. This Ordinance, which unanimously adopted Option A as Amended on First Reading on February 2, would amend this Section of the Code to provide a procedure for dealing with complaints in which four or more councilmembers are named in the complaint. OPTION A Under this option, a complaint filed against four or more councilmembers would not be submitted to the Council for action but would instead be reviewed by a "substitute" board of review consisting of members of City ' boards and commissions selected at random by the City Clerk. The procedure for conducting the review board meeting and rendering an advisory opinion would be the same as exists for handling other complaints. 16. A. ?A The regular biennial city election is scheduled for April 6, and state law requires that any proposed Charter amendments be placed on the ballot by ordinance. To meet the statutory requirement that a legal notice be published at least 30 days prior to the April 6 election, Hearing and First Reading of any Ordinance submitting a proposed Charter amendment to the April ballot must be. considered on February 2, with Second Reading on February 16. These Ordinances were unanimously adopted on First Reading on,February 2nd. The regular biennial city election is scheduled for April 6, and state law requires that any proposed Charter amendments be placed on the ballot by ordinance: To meet the statutory requirement that a 5Fill ' February 16, 1993 legal notice be published at least 30 days prior to the April 6 election, Hearing and First Reading of .any Ordinance submitting a proposed Charter amendment to the April ballot must be considered on February 2, with Second Reading on February 16. These Ordinances were unanimously adopted on First Reading on February 2nd. C. District Residency Reauirements. The regular biennial• city election is scheduled for April 6, and state law requires that any proposed Charter amendments be placed on the ballot by ordinance. To meet the statutory requirement that a legal notice be published at least 30 days prior to the April 6 election, Hearing and First Reading of any Ordinance submitting a proposed Charter amendment to the April ballot must be considered on February 2, with Second Reading on February 16. These Ordinances were unanimously adopted on First Reading on February 2nd. Q ' The regular biennial city election is scheduled for April 6, and state law requires that any proposed Charter amendments be placed on the ballot by ordinance. To meet the statutory requirement that a legal notice be published at least 30 days prior to the April 6 election, Hearing and First Reading of any Ordinance submitting a proposed Charter amendment to the April ballot must be considered on February 2, with Second Reading on February 16. These Ordinances were unanimously adopted on First Reading on February 2nd. 17. Benefit of Colorado State University. At the November 3, 1992, Council meeting, this Ordinance was postponed to February 16 to allow certain Councilmembers and staff to negotiate the terms of an intergovernmental agreement with Colorado State University. At this time the foundation for the agreement has been agreed upon and the following have been completed: - Goals, objectives and values that will support a proposed IGA - Research of other cities/universities formal agreements - Key land use issues - A conceptual framework for the IGA 421 In 19. February 16, 1993 The applicant, Linda Ripley of Ripley Associates, on behalf of the property owners, Enrique M. Barrau and Marny D. Barrau, have submitted a written petition requesting annexation of approximately 31.8 acres located on the south side of West Drake Road, 1/2 mile west of Taft Hill Road. The property is undeveloped. 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 (30) days of prior notice is required by Colorado Law. Since 1981, the City has contracted with the Larimer County Department of Human Development to allocate and administer the distribution of human services funds via the Human Resource Grant Program. While City Council ' sets the appropriation during the budget process, the recommended allocation of the funds among the human service agencies participating in the Human Resource Grant Program is developed by Larimer County's Human Resource Committee. The total 1993 funding for the Human Resource Grant Program is $421,329. The City of Fort Collins' share is $235,200, which is 20% ($39,200) more than it was in 1992. The City of Loveland is contributing $79,430 in 1993, 20% more than it contributed in 1992, and Larimer County is contributing $106,699, also 20% more than was contributed in 1992. The attached chart shows the City of Fort Collins' contributions. This resolution authorizes the Mayor to enter into an Intergovernmental Agreement with Larimer County for the purpose of providing social and human services to the City of Fort Collins in 1993 and to facilitate the allocation of funds from the 1993 budget for this purpose. 20. Resolution 93-23 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. The disbursements from funds in the City's Cultural Programming Account were recommended by the Cultural Resources Board at its regular meeting of January 27, 1993. 422 February 16, 1993 21. The City purchased the land and buildings at 725 E. Vine on November 10, 1992, from Weyerhauser. Advanced Drainage Systems, Inc. has been leasing office/warehouse space and 5.5 acres of this property from Weyerhauser since 1985. The area that was utilized by Advanced Drainage Systems will be affected by the construction of the new City facility for the Streets Department. Advanced Drainage has moved out of the office/warehouse space and would like to lease 3 acres on the westerly portion of the site for pipe storage and modular office space. These 3 acres are not included in the Phase I Development of the site; and thus, will not be needed by the Streets Department over the term of this lease and option year (2 years). 22. The Streets Department has been using a Tymco 7000 FHD air sweeper on an extended basis to test its capabilities, reliability, and effectiveness. It has proven superior to other machines in the following areas: (1) It is an air sweeper with a regenerative air system that provides increased air flow at the pickup heads for improved suction. This means small particles, including sand, can be suctioned from the roadway surface. This issue has been a major source of concern with regard to air quality along the front range particularly during the winter months. The Regional Air Quality Council (the "RAQC") has developed a strategy of sweeping with a broom sweeper to loosen the debris followed by the air machine to pick up the smaller particles. The RAQC has found air machines to be up to 20% more effective than broom sweepers in picking up small particles. (2) This machine is a high dump machine which allows the operator to deposit the accumulated debris into a dump truck for disposal rather than dumping the debris on the ground as is necessary with some sweepers. (3) This sweeper offers a 4.5 cubic yard capacity hopper which allows more time to be spent sweeping by reducing delays for dumping. An additional benefit of the air flow design is that it eliminates the tail broom and elevator mechanisms as well as the related drive components thus reducing the number of parts that may need to be replaced. Recently an elevator had to be replaced on a broom sweeper at a cost of over $5,800 and three days lost in machine down time. Tymco is currently the only manufacturer of air sweepers that offer the high dump system, large capacity hopper, and regenerative air system. 23. The Streets Department sold a 1982 loader that was in need of major repairs at auction. They did not have the funds to replace the loader immediately and planned to rent a loader on an as -needed basis. In April 423 24. 25. February 16, 1993 1992, a Case 721 was rented via an existing rental bid. Subsequently, Engineering awarded a portion of the street rehabilitation project to Streets, thus extending the need for the loader. The need for this loader has continued, and the funds are available in the 1993 budget for the purchase. All of the rent paid ($31,500) will be applied to the Loader's purchase price of $90,950, leaving a balance of $59,450. Section 8-160 (d)(3) of the Code states that any exemption to the use of competitive bidding in excess of $50,000 must be submitted by the City Manager and approved by the City Council. The purchase from Ellen Equipment is requested because the rental already paid will be credited to the purchase price. If competitive bids were solicited, the rental fee of $31,500 would be forfeited. The Resolution will authorize the purchase of the Case 721 loader from Ellen Equipment, Inc. as an exemption to the use of competitive bid or proposal. The purpose of I.C.L.E.I.: o Serves as an international clearing house on sustainable development I and environmental protection policies, programs, and techniques being implemented at the local level by local institutions. o Initiates joint projects or campaigns among groups of local governments to research and develop new approaches to address pressing environmental and development problems. o Organizes training programs and publishes reports and technical manuals on state of the art environmental management practices. o Serves as an advocate for local government before governments, agencies, and organizations to increase their understanding and support of local environmental protection and sustainable development activities. Any changes in polling places for municipal elections must be approved by the City Council. The Resolution sets the polling places for the 80 precincts established for regular city elections. There will be 72 polling locations, including the absentee polling place because 8 combined precincts will be used for this election. Arrangements will be made for extra voting devices to handle the volume of voters at these combined , 424 February 16, 1993 precinct locations. Most polling places are the same as those used at the November General Election. Polling place location changes will be extensively publicized prior to the April election. Items on Second Reading were ready by title by City Clerk Wanda Krajicek. 7. [3 9. Second Reading of Ordinance No. 11, 1993, Amending Article III of Chapter 17 of the Code Pertaining to Offenses Against Property. 10. 11. Second Reading of Ordinance No. 13, 1993, Appropriating Prior Year Reserves. 12. Second Reading of Ordinance No. 14, 1993, Appropriating $7,496.70 from the General Fund to the Street Oversizing Fund. 13. 14. Second Reading of Ordinance No. 16, 1993, Establishing a Passenger Facility Charge for the Fort Collins -Loveland Municipal Airport. 15 16. A. Enterprises and City -Owned Utilities. B. Second Reading of Ordinance No. 19, 1993, Submitting a Proposed Charter Amendment to a Vote of the Registered Electors Concerning the Vote Reguired for Executive Sessions. C. 425 Q 29. February 16, 1993 Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. i Ordinance No. 18, 1993 Submitting a Proposed Charter Amendment to a Vote of the Registered Electors of the City The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The regular biennial city election is scheduled for April 6, and state law requires that any proposed Charter amendments be placed on the ballot by ordinance. To meet the statutory requirement that a legal notice be published at least 30 days prior to the April 6 election, Hearing and First Reading of any Ordinance submitting a proposed Charter amendment to the April ballot must be considered on February 2, with Second Reading on February 16. These Ordinances were unanimously adopted on First Reading on February 2nd." Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 18, 1993 on Second Reading. Councilmember Winokur asked what percentage of the City's net budget is in the Utilities service area. City Manager Burkett responded the Utilities make up 55 percent of the total budget. Councilmember Winokur asked if citizens would be required to vote on any utility rate increases due to the passage of Amendment 1. He asked how the Charter amendment would affect the process for setting utility rates. 426 1 r February 16, 1993 City Attorney Roy stated Amendment 1 essentially requires new taxes and new debt to be voter approved. He stated it does not require fees or utility rates to go to a vote and that the passage of the amendment would not affect the process for setting utility rates. Councilmember Horak asked where the additional funding would come from if the federal government were to raise the utility rates higher than the 4 percent cap. City Manager Burkett stated the funding to cover the increase would need to come from the City's budget. If the increase substantially surpasses the budget, then Council would decide where the reductions would need to take place. Councilmember Horak asked if it would be possible to bring the increase before the voters. Alan Krcmarik, Finance Director, stated that an initiative could be brought before the voters each November. Rich Shannon, Utilities Director, stated the Western Area Power Administration has floated several figures for a probable rate increase. He stated those figures were under discussion for 6 - 10 months and the actual firm rate was decided and passed down on a 4 6 week notice. ' Councilmember Winokur asked if Platte River Power Authority adopted a purchase power reserve. Shannon replied that within the last two years Platte River Power Authority funded a purchase power reserve. Councilmember Winokur asked about the average purchase power cost. He asked how much money the City has in the purchase power reserve. Shannon stated the figure is around ten millon dollars or about 14 percent. Councilmember Horak asked if a five year capital program could be approved to cover projects for the Electric Utility. Shannon responded that fluctuation of percentage points in the growth of the City makes a tremendous difference in terms of the investment needed on utilities. He stated timing is a factor that causes a problem for a five year capital program. Councilmember Winokur stated the Utilities should be included in the total City budget and not treated separately. Mayor Kirkpatrick believed the citizens should be given a choice through this proposed Charter amendment. 427 N February 16, 1993 ' Councilmember Horak believed this amendment gives the community a choice on whether the Utilities should be treated as Enterprise Funds. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: Councilmember Winokur. THE MOTION CARRIED. Resolution 93-23 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT This item recommends disbursements totalling $30,600 from funds in the City's Cultural Development and Programming Account. The Cultural Development and Programming Account is funded from the City's lodging tax receipts. The Cultural Development and Programming Account receives 25% and the Fort Collins Visitors ' and Convention Bureau receives 75%. Estimated lodging tax revenues for 1993 total $274,532 and will be allocated as follows: Cultural Development and Programming - $68,633 and Fort Collins Convention and Visitors Bureau - $205,899 for a total of $274,532. EXECUTIVE SUMMARY The following disbursements from funds in the City's Cultural Programming Account were recommended by the Cultural Resources Board at its regular meeting of January 27, 1993. Amount Amount Organization Event R_guested Recommended N. CO Intertribal Intertribal Pow -wow f 8,000 f 3,000 Pow -wow Association 1,000* 1,000* N. CO Weaver's Fiber Celebration 1,000 1,000 Guild, Inc. CO International 8th Biennial Exhibit 5,000 3,000 Poster Exhibition Timberline Racing Mike Nields Bike Race 15,000 3,000 428 1 February 16, 1993 CO Special Olympics 1993 Summer Games 5,000 2,500 OpenStage Theatre "Ondine" 3,000 1,000 Fort Collins Museum Fur Traders' Rendez. 11050 800 Opera Fort Collins "La Boheme" 2,000 1,000 Dance Express "Getting Together" 2,500 1,500 Spring Creek Veto Buckeye Road Race 2,500 500 Club N. CO Youth Hockey Blades of Steel Tour. 3,000 1,000 Larimer County Centennial of Women's 1,500 500 Historic Alliance Suffrage Lincoln Center Lila B. Morgan Series 7,600 2,000 Dance Connection Dance for Rural Schools 1,000 700 Canyon Concert Ballet Spring Performance 4,000 1,000 Earthrise, Inc. Earthday Ce1eb. 2,500 750 CSU Dance Program "Dance Sampler" 1,800 750 Fort Collins Area CO Long Course 2,250 750 Swim Team Championships CSU Foundation/ Elderhostel Concert 2,900 800 Pingree Park Centennial Children's Children's Choir 1,300 400 Chorus Festival Timberline Racing Jeremy Long Bike 2,535 500 Bike Classic Foothills Civic "The Elephant Man" 500 300 Theatre Fort Collins Museum Grand Re -opening 15,315 2,650 1 429 J February 16, 1993 1 Catholic Community St. Patrick's Day 1,500 200 Services Dance TOTAL $93,750 $30,600 *Reimbursable Funding" Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 93-23. Councilmember Kneeland noted that she filed a disclosure statement with the Secretary of State on this item in order for her to participate. l Michael Klesert, 5001 South Overhill Drive, General Manager of Fort Collins Symphony, stated the concert which the funding is sought is open to the public. He stated the concert is a new event rather than a continuous event. He asked Council to consider funding this project. Karen Warren, 1504 West Mountain, member of the Cultural Resources Board, explained the process and the criteria used for funding proposals. She stated the request for funding various proposals totalled around $110,000 and only $30,000 dollars was available. She stated 219 events were funded and 45 events were not since 1987. She stated the Board believed this event was very similar to a previous event and that the Board tries to fund new events to the community. , Councilmember Kneeland asked if objective criteria are used to rate each request. Warren stated there is specific criteria that each request must follow. Councilmember Maxey asked about reimbursable funding. Warren stated that the applicant has up to 90 days to pay back the funds and that money usually goes into the next funding session. Jane Nevrivy, 2001 South Shields, member of the Cultural Resources Board, presented additional information on the Fort Fund Disbursements that were chosen. She stated this particular request was very similar to the Symphony orientation at the public schools; therefore, the Board did not want to duplicate any funding. Mayor Kirkpatrick thanked the Board for its recommendation, time, and effort in serving the community. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. , 430 February 16, 1993 Resolution 93-27 Establishing a Corporate Membership in the International Council for Local Environmental Initiatives (I.C.L.E.I.). Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT Currently, the annual membership fee is $1,000.00. EXECUTIVE SUMMARY The purpose of I.C.L.E.1.: o Serves as an international clearing house on sustainable development and environmental protection policies, programs, and techniques being implemented at the local level by local institutions. o Initiates joint projects or campaigns among groups of local governments to research and develop new approaches to address pressing environmental and development problems. ' o Organizes training programs and publishes reports and technical the management manuals on state of art environmental practices. o Serves as an advocate for local government before governments, agencies, and organizations to increase their understanding and support of local environmental protection and sustainable development activities. The benefits of City membership include the following: 1. Provides opportunities for training of City personnel in innovative environmental management programs. 2. Supplies a wide variety of high quality information specifically targeted at environmental management at the local level. 3. Establishes a worldwide network of local environmental officials who share information on successful environmental programs. 4. Provides opportunity to collaborate in special, focused campaigns to develop local solutions to major environmental concerns, including global climate change. 5. Allows Fort Collins an important avenue to share our experiences and ' successes. 431 February 16, 1993 6. Provides another opportunity for advocacy for increased emphasis and support for developing local solutions to environmental concerns. The application material for membership in I.C.L.E.I. asks for the City to designate a primary "internal consultant". Staff recommends that the Natural Resources Director be so designated." Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Resolution 93-27. Bruce Lockhart, 2500 East Harmony Road, stated he was opposed to the approving membership in I.C.L.E.I. He believed it was inappropriate for the City to spend $1,000 a year in membership fees and questioned the value of I.C.L.E.I. membership. Mayor Kirkpatrick provided background information about I.C.L.E.I. She believed the community would benefit from the City obtaining a membership in I.C.L.E.I. Councilmember Kneeland stated that Resolution 91-135 authorized the City to participate in membership of organizations which provide services to the City and supported membership in I.C.L.E.I. The.vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers ' Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Winokur reminded that there will be four Charter Amendments before the voters on April 6. Councilmember Horak asked how the City was going to inform the public on the repairing of potholes on the City streets. Rich Shannon, Utilities Director, stated there is a Pothole Patrol phone number for citizens to call anytime and report potholes on the City streets. He stated the policy is to fill those potholes within a 24-hour period. Councilmember Horak stated the Spring Creek Trail is not clearly marked to identify alternate routes to bypass the construction. He stated that he would like to see some temporary signs placed in order to provide safe passage through the construction zone. Councilmember Maxey asked about the City's contributions in relation to other entities in regard to Item 9 on the Consent Agenda. He stated the City should have better representation on the County Boards and Commissions. He believed the provision of Social and Human Services should be reviewed in the next few months. ' 432 ' February 16, 1993 Ordinance No. 7, 1993 Approving the City of Fort Collins Prospect Road Streetscape Program and Incorporating it as an Element of the Comprehensive Plan of the City of Fort Collins and Adopting the The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, which was adopted 6-1 on First Reading on January 19, indicates that staff began a formal planning process for a four mile section of east Prospect road which has resulted in the Prospect Road Streetscape Program. The study area consists of all properties within 113 mile of Prospect Road from Riverside Drive on the west, to the Urban Growth Area boundary one mile east of 1-25 (County Road 5). The Prospect Road Streetscape Program establishes design standards and guidelines for future streetscape development. The standards and guidelines provide a framework for decision -making for both the City as well as private developers proposing projects and/or improvements in the corridor and, as an evaluation tool ' by the Planning and Zoning Board in the development review process. The Program also includes several Implementation Actions that entail additional research and/or design work. The Program provides an opportunity to implement several goals and objectives of the City's Comprehensive Plan. This program is part of a continuing effort to plan for the future development of the City's major gateways. The project was identified in the 1991-1993 Council Work Plan and the 1990 Audit of the Land Development Guidance System. City staff, property owners, interested citizens and four City boards have all contributed to the planning effort. On December 17, 1992, the Planning and Zoning Board recommended approval and adoption of the Prospect Road Streetscape Program. Since the January 19, 1993, City Council hearing, staff followed up on Council's request to review the "recreation trail" guidelines in the Natural Shrubscape Style and included additional language providing that the "recreation trail" be designed to meet the requirements set forth in the Americans with Disabilities Act (ADA). On February 8, 1993, staff presented the revised "recreation trail" guideline to the Commission on Disability (COD). The COD concurred with the staff, that the "recreation trail" guideline include language which includes the requirement of ' ADA compliance. See the attached letter from the COD recommending approval of the revised "recreation trail" guideline." 433 February 16, 1993 Councilmember Azari made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 7, 1993, on Second Reading. Janet Meisel, Project Planner, stated that staff met with the Commission on Disability to discuss the guidelines for handicap access to the trail. She stated staff revised the guideline to read; "a ten foot wide meandering recreation trail meeting the requirements of the Americans with Disabilities Act should be provided along the bottom of the terrace slope." She stated the Commission submitted a letter to Council approving the revised version of the Ordinance. Councilmember Edwards stated he is in support of the Plan and believed the Plan addressed all of the unique aspects of Prospect Corridor. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-29 Adopting the Citv's Cultural Policy. Postponed to March 2. The following is staff's memorandum on this item. I "EXECUTIVE SUMMARY The Cultural Resources Board, at the request of City Council, has been working since October of 1991 to formulate a written document outlining the current policy of the City with respect to cultural development. The Board, after obtaining a $7,500 grant from the State Council on the Arts, worked with a consulting firm (Hammer, Siler, George) and developed a "plan -to - plan" to formulate a community wide cultural plan. One of the components of the "plan to plan" is a City Policy for the Arts. Before embarking on the community .cultural plan, it was the decision of the Board, that the City's Cultural Policy needed to be developed and adopted by City Council. The Cultural Resources Board presented the Cultural Policy to Council at its regular meeting August 18, 1992. At that meeting Council had questions regarding the proposed policy and requested that the policy be discussed at a worksession. On October 13, 1992 Council held a worksession with the Cultural Resources Board. The Cultural Policy has been rewritten to reflect the concerns and comments outlined by City Council at that time. 434 ' February 16, 1993 Also included, but not part of the policy, is a proposed work plan which the Cultural Resources Board would like City Council to consider as issues are brought to the Council as cultural opportunities and circumstances arise. Following adoption of this resolution, the Board will continue to work toward the development of a community -wide cultural plan, which has been partially funded by the City's supplemental funding in 1992 of $7,500. Also attached are recommendations for adoption of the Cultural Policy from both the Landmark Preservation Commission and Downtown Development Authority." Councilmember Kneeland withdrew from discussion and vote on this item because of a potential conflict of interest. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Resolution 93-29. Dave Siever, Director of Cultural Services, reviewed the process for developing the policy. He presented details of the workplan and stressed that this Resolution. would not adopt the workplan. Karen Warren, 1504 West Mountain, representative of the Cultural Resources Board, stated the Board looks forward to the completion of the Cultural Policy. She introduced various members of the Board and stated that the Boardmembers would be available to answer any questions. Bruce Freestone, 701 Pear, commented on the policy and expressed concern regarding the definition of "policy." He asked Council to direct staff to reformulate language in a more traditional style. Councilmember Horak suggested the policy go back to the Board for review and the addition of specific policy language. Mayor Kirkpatrick asked if any cross departmental screening took place in developing this policy. City Manager Burkett stated the policy was not reviewed across departments. Councilmember Azari believed there was no substantial difference between Mr. Freestone's wording of the policy and the Cultural Resources Board. She stated the Economic Development Policy and the Human Services Policy should have been used as a guideline when preparing this policy. Councilmember Winokur stated the Cultural Resources Board did an excellent job in preparing this policy; however, he believed if there is misleading language in the policy it needs to be corrected. ' 435 February 16, 1993 Councilmember Edwards believed this policy needs to be adopted before this Council's term is completed. He stated the policy needs to be edited to incorporate some of the language that Mr. Freestone suggested. Councilmember Maxey stated following the adoption of this Resolution, the Cultural Resources Board should continue to work toward the development of a community -wide cultural plan. Councilmember Horak made a motion, seconded by Councilmember Winokur to postpone consideration of this item until March 2. He stated the language of the policy should be reviewed and rewritten. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-30 Instructing the City Manager to Negotiate a Lease of the Old "Power Plant" to Colorado State University (CSU) The following is staff's memorandum on this item. I "FINANCIAL IMPACT The old Power Plant has not been used by the City as an electric generating facility since 1973. The Light and Power Department used a portion of the building and grounds for an electrical substation until 1991. The property has been maintained by the Light and Power Department. A lease of the property has the potential to reduce maintenance costs between $15,000 to $25,000 annually. CSU has indicated that it has sufficient sources of funding to make the improvements that CSU requires and to maintain the property. The City would continue to be responsible for the maintenance of the structural integrity of the building, the cost of which should be minimal. EXECUTIVE SUMMARY Through a RFP process,. the City solicited proposals for uses of the Power Plant. Notices of the RFP went to 182 real estate, property management, engineering and architectural firms. Two proposals were received. One proposal came from the Mechanical Engineering Department of CSU for an "engines and alternative energy laboratory". The other proposal came from Fort Collins Alternative Development, Inc. (FCADI) for volleyball and wall climbing facility. 436 ' February 16, 1993 An interview committee comprised of three City Staff members, two members of the Landmark Preservation Commission, and the director of the DDA reviewed the proposals with respect to the criteria setforth in the RFP and interviewed the parties. The interview committee found the CSU proposal to allow the City greater input on the long term use of the Power Plant property, to be more financially secure, and to better preserve the historical nature of the property. As a result the interview committee recommends that the City enter into negotiations with CSU for use of the old Power Plant as an "Engines and Energy Conversion Laboratory". BACKGROUND• The old Power Plant located at 430 North College has been empty since 1973. That year, the City ceased to generate its own electricity and the boilers, generators and associated equipment were removed. The Light and Power Department continued to maintain an electric distribution substation on the property until 1991. The building was leased through the Poudre River Trust to the Power Plant Visual Arts Center for a few years in the late 1980's. The Art Center was not able to sustain sufficient revenues to make improvements or to pay for utilities. The Power Plant Visual Arts Center eventually moved out of the Power Plant and became associated with One West Art Center. ' In the spring of 1992, the Mechanical Engineering Department of Colorado State University came to the City with a proposal to lease the building for an alternative energy and engines research laboratory. The proposal was not solicited by the City. The proposal was taken to the Council to allow the City Manager to enter into a lease agreement with CSU for the use of the Power Plant building. At that time, May of 1992, another group came forward and asked to use the property. The Council then directed the staff to limit the lease to CSU to six months with one six month automatic renewal option. The Council also directed the staff to request proposals to determine the extent of interest and possible uses for the Power Plant property. PROCESS: The staff developed a request for proposals following the RFP process specified by the Purchasing Department. Notice of the RFP went to 182 real estate, property management, architects, and engineering firms, and was printed in the local press. The RFP described the property, particular items of interest impacting the property such as the proposed bike trail, and the proposal evaluation criteria. Two proposals were received from the two parties involved with the Council discussion in May. On December 7, 1992, interviews were held with the two proposers, the Mechanical Engineering Department of CSU (CSU) and Fort Collins Alternative Development, Inc. (FCADI). The interview committee for the City was Brian Janonis and Kirk Jensen, members of the Landmark Preservation Commission; Chip Steiner, DDA; Tom ' Peterson, Planning Director; Jim O'Nei17, Purchasing Director; and Bob Nastan, 437 February 16, 1993 Construction and Services Manager. The interview committee reviewed the proposals and held interviews with each group. At the interviews, the proposers had an opportunity to make a presentation and then to respond to questions from the interview committee. The interview committee then reviewed each proposal based on the evaluation criteria and weighing factors set forth in the RFP. Each committee member individually ranked the proposals and the results were totalled. The CSU proposal was ranked the higher of the two and was the clear choice of the interview committee. DISCUSSION OF THE PROPOSALS: The CSU Mechanical Engineering Department's proposal is to use the Power Plant for an "Engines and Energy Conversion Laboratory". CSU intends to conduct research on engine efficiency, alternative fuels, and the reduction of pollutants from engines. FCADI would like to renovate the Power Plant for two indoor volleyball courts, a sixty foot high climbing wall, a half court basketball area, and construct four outdoor volleyball courts. Possible users of the facility may be the Fort Collins Volleyball Association, Pinnacle Rock Climbing Group, Activities Youth Center, and Canyon Concert Ballet. The following discussion of the points of each proposal follow the evaluation criteria set forth in the RFP. A. Detail the Proposed Activity, Describe Impacts, Describe Benefits ' Both proposals, while dramatically different in purpose, offer positive benefits to the community. CSU's contributions are in the form of an opportunity to reduce air pollution, business development in the North College Avenue corridor, and research assistance for local and statewide industries. FCADI proposes to create what may be a needed recreational facility that could be compatible with use of the river corridor as a recreational area, and to provide economic development in the North College Avenue corridor. Both proposed uses are desirable, compatible with land use plans, and have the potential to make positive contributions to the City. B. Describe Changes Proposed to the Building CSU proposes to do research on large stationary engines along with engines typically associated with transportation. To this end, the Power Plant is uniquely suited to CSU's use. The Power Plant has large foundations to bedrock that are isolated from the floors of the building to prevent vibrations from being transmitted to the structure. These foundations were built for generator units and are ideal for the installation of the large stationary engines. Building modifications are necessary to bring the building into code compliance, provide rest rooms, install heating and mechanical systems, and to refinish office areas. FCADI intends to renovate the interior of the building for volleyball courts, climbing wall and half court basketball. Substantial modifications are needed to accomplish this renovation. A number of structural ' 438 February 16, 1993 steel columns need to be removed to provide sufficient clear floor space. The openings in the floor for the boilers need to be filled. Locker rooms would need to be built. Substantial improvements must be made to accommodate the gymnasium type of use. The CSU proposal requires fewer and less substantial changes to the building than the FCADI proposal. C. Provide Costs Estimates and Sources of Funding CSU has estimated costs of $257,000 to accomplish the changes in the building necessary to meet its needs. The revenue sources for the work include research contracts and grants, CSU capital construction funds, CSU operating funds for maintenance, and the solicitation of State historical grants for the historical preservation aspects of the building facade. FCADI has estimated a cost of $330,000 to make the improvements for its use. FCADI has not yet identified a source for these funds but has indicated that they require a revenue stream from operations to support payments on a $330,000 note. The costs for preservation of the building facade have not been estimated by FCADI nor has a revenue source been identified. The CSU proposal has more thoroughly identified the costs and revenue sources associated with its renovation needs. D. Provide Cost Estimates and Sources for Maintenance ' Both CSU and FCADI have identified revenue streams for maintenance of the property. CSU proposes a lease arrangement such that the City would continue to be responsible for the integrity of the structure. FCADI proposes that the title be transferred from the City to FCADI. FCADI would then be responsible for all costs associated with the property and would relieve the City of all costs associated with ownership and maintenance of the property. J E. Detail Impacts on Historical Designation CSU has identified costs and a source of revenue for the preservation of the building facade and fountain which have been designated as local landmarks. The proposed use by C5U does not adversely impact facade or fountain. CSU offers its expertise of Messrs. Beardmore and Reidhead of the "Center for the Stabilization and Reuse of Important Structures" for its efforts in preservation of the Power Plant. CSU also proposes to file for grants from the State Historical Society which is administering the distribution of taxes on gaming revenues for historical preservation. The Principals of FCADI offer their expertise as developers and renovators of historical properties in Fort Collins but have not yet outlined a stabilization program. The FCADI use does not adversely impact the building facade or fountain. The CSU proposal has addressed and outlined a program to stabilize the landmark designated portions of the property. 439 February 16, 1993 1 F. Describe Compatibility of Proposed Use with the Building The CSU use of the building takes advantage of the large isolated foundations for the installation of large engines. The FCADI would take advantage of the clear interior height of the building to construct a climbing wall of competition height. In this regard, both proposals use a unique aspect of the building to meet their needs. G. Describe Compatibility of Proposed Use with the River Corridor, Downtown, and North College Area As previously mentioned, both proposals are compatible with land use plans encom- passing the area of the Power Plant. The CSU proposal is a research laboratory which is a suitable use considering its location on North College.Avenue and adjacent to the business district. The FCADI proposal is for a recreation facility which is suitable given that one of the uses of the river corridor is . for recreation. The FCADI use could also be compatible with the business area of North College and the downtown area. CSU currently has six full time and fourteen part time positions working at the Power Plant and will add up to six additional full time positions if CSU's proposal is accepted. CSU current revenue stream is $800,000 annually and CSU projects that the revenue stream will exceed $1,000,000 if their program continues over the next year. FCADI estimates that it could create up to 45 full and part time positions and may be able to ' have a revenue stream as much as $1,500,000 if their program would reach maturity. (Estimates have been provided by the proposers.) H. Describe Compatibility of Proposed Use with the Hiking/Bike Trail The CSU proposed use is primarily restricted to the interior of the building. Some fenced area will be required on the north side of the building for the parking of research vehicles. FCADI proposes the construction of four outdoor volleyball courts on the north side of the Power Plant. The sketch plan of the courts indicates that the courts would be in conflict with the proposed route of bike and hiking trail along the south side of the Poudre River. FCADI has stated that any conflict between the trail and courts could be resolved. However, no plan for mitigation of the conflict has yet to be presented nor has the financial impact been addressed on either the construction costs of the trail to the City or on the renovation costs to FCADI. The CSU proposal avoids conflicts with the trail. :m February 16, 1993 I. Describe the Method Proposed to Assume Control of the Property CSU is proposing that the City lease the property to CSU for ten years with 5 year renewals. Either party could cancel the lease upon 2 years notice to the other party. CSU would assume all maintenance costs except those associated with the integrity of the structure. CSU is willing to abide by all City regulations and zoning requirements for the property and has indicated it is willing to negotiate to reach an agreement suitable for both parties. During the interview process, FCADI indicated that they would like the City to donate the property to FCADI. The property could then be used as collateral for construction loans. Beyond this information, the FCADI has not yet detailed a transfer mechanism. The CSU proposal is better thought out and detailed in this area. Of the nine evaluation criteria listed in the RFP, the interview committee felt that the CSU proposal was superior in five of the evaluation areas (B,C,E,H and I), the FCADI proposal was better in one (D),.and the proposals were approximate- ly equal in the remaining three (A,F and G). INTERVIEW COMMITTEE CONCLUSION: The interview committee had a concern that if the property title was transferred ' and the party receiving the property became financially insolvent,. the City would not have any means of re -asserting control of the Power Plant. In particular, if due to financial problems the exterior of the building was not maintained, it might deteriorate beyond a point of where repair was possible. The CSU proposal of a long term lease would allow the City to assert control of the property or to use the building (after the notice period) if the City found a higher and better use. The CSU proposal represents a use that has already secured funding through research grants and is the more financially secure of the two proposals. The experience of the Power Plant Visual Arts Center is an example of the consequences of inadequate financial backing. In general, the interview committee found the CSU proposal to be better prepared and to offer the City more flexibility. For these reasons and the results of the comparison to the evaluation criteria, the interview committee recommends the CSU proposal." Mayor Kirkpatrick withdrew from discussion and vote on this item because of a potential conflict of interest. Bob Nastan, Construction and Services Manager for Light and Power, presented background information and history of the proposal. He stated an interview committee was formed which consisted of three staff members and two people from the Landmark Preservation Commission. He stated the Committee came to the conclusion that CSU was the superior proposal for the Power Plant. He stated the Committee recommends that a lease negotiation be opened between the CSU Mechanical Engineering Department and the City. 441 February 16, 1993 Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt Resolution 93-30. Councilmember Maxey asked if the lease would recognize the State's requirements relating to the bridge over the Poudre River and the City's need for space for the bikepath. Nastan replied the proposal recognized the work on North College that the Highway Department will do and added that the bikepath would go through the Power Plant property. He stated those conditions will be negotiated into a lease. Dr. Bryan Wilson, Director of Engines and Energy Conversion Laboratory at CSU, described the program and the energy research projects to be conducted in the facility. He stated the laboratory is one of the most comprehensive energy research laboratories in the country. The lab in 1993 will spend more than $350,000 in the City and will bring outside dollars to the community. He stated MANTEK would be located at the plant and has over a $450,000 budget. He stated between MANTEK and the lab there will be over $1 million spent in the City of Fort Collins. He stated CSU recognizes the preservation of the historic Power Plant and will restore the building. He believed this project benefits the community. Craig Carlyle, Director of Operations at MANTEK, stated MANTEK will consult with major manufacturing companies on new innovative ideas for this industry. He ' stated that its participation in the use of the Power Plant would financially benefit the Fort Collins Community. He stated MANTEK would be also providing funds for the renovation of the Power Plant. Art Darby, Vice President for CSU Administration, stated the administration staff at CSU shares in the enthusiasm for this project. He stated CSU has a commitment to make this project work to the benefit of both CSU and the City. Jim McCoy, Tenneco Gas, emphasized the importance of this project to the natural gas industry and to the community. He stated there is no other facility in the country at the present time that is an independent lab of this sort. He stated the industry is in favor of the implementation of the lab. Bruce Lockhart, 2500 East Harmony Road, encouraged Council to adopt the proposal. He stated that any restrictions placed against CSU for any damage created to the building should be removed. He believed the building has no historic value to the City of Fort Collins. Randy Potter, 1833 Lowell Lane, graduate student conducting engine research at the facility, stated he was in full support of the project and urged Council to adopt the Resolution. 442 1 February 16, 1993 Jim Reidhead, 709 West Mountain Avenue, CSU employee and representative of the historic preservation community, supported the lease to CSU stating this type of industrial use is appropriate in the Power Plant building. Jamie Schneider, Laboratory Manager, provided information on the impact the lab has had on its employees. She stated this project has provided the students the opportunity to go beyond the classroom and apply what has been learned to real world problems. She expressed the support from the students involved in the research and urged Council to adopt the Resolution. Kelly Benson, Engineering Manager at Woodward Governor, stated that Woodward Governor. has an ongoing need for graduate and undergraduate students in this field. He stated the students who participate in this project receive the best training available in this field. He stated the Company is in full support of the project. Councilmember Kneeland asked about environmental safeguards at the facility. Wilson responded there are safeguards against pollution to the Poudre River. He stated no large amounts of liquid fuel are stored and stated all solvents and cleaners are disposed of properly under City and CSU guidelines. He stated monitoring wells installed around the facility will measure the level of past ' pollution and will serve as monitors to prevent future pollution of the Poudre River. Councilmember Horak supported the project and believed the community will benefit greatly from the project. Councilmember Winokur stated that this project benefits the community not only for environmental standards but for financial reasons as well. He stated that more information and education about the project should be distributed to the community. Councilmember Edwards stated this is a great project and expressed satisfaction with the energy research at the facility. Councilmember Maxey appreciated the use of the facility for the research and education that would be put forth in the community and around the country. Councilmember Kneeland stated that the collaborative use between the City and CSU is to be commended. She stated that the community would benefit greatly from the project. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kneeland, Maxey, and Winokur. Nays: None. I THE MOTION CARRIED. 443 February 16, 1993 ' Other Business Councilmember Horak requested a two -page memo regarding property tax relief on low-income and fixed income households. He asked the memo to incorporate what is done in other communities and how Fort Collins' program compares. Councilmember Winokur requested a two -page memo regarding community education efforts on the recycling program in Fort Collins. The meeting adjourned at 9:25 p.m. ATTEST: City Clerk 444 1