HomeMy WebLinkAboutMINUTES-03/16/1993-RegularMarch 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,
March 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: Azar i,
Horak, Kirkpatrick, Kneeland, and Maxey.
Councilmembers Absent: Edwards and Winokur.
Staff Members Present: Burkett, Krajicek, and Roy.
Citizen Participation
John 0. Walker, 416 West Oak, requested that Council pass a Resolution in
opposition to Senate Bill 167. He urged Council to pass a corresponding
Resolution recommending that the Colorado Department of Transportation reaffirm
its designation of scenic byways from Walden to I-25 and encourage them to
maintain the scenic byways.
Allen Cunningham, President of Scenic Colorado, stated he is opposed to Senate
Bill 167.
Mayor Kirkpatrick stated she was going to request Council oppose Senate Bill 167.
She stated that Council should correspond with the Colorado Department of
Transportation regarding the Scenic Byway Designation through the City of Fort
Collins.
Presentation of plaque to Mollie Mercer
Jaime Mares, Employee Development Director, presented the plaque to Mollie
Mercer.
Introduction of new Housing Authority Director Rochelle Stephens
Anita Basham, Acting Housing Authority Chairperson, introduced Rochelle Stephens
as the new Executive Director of the Housing Authority.
Rochelle Stephens, Executive Director of the Housing Authority, stated she
anticipates a mutually cooperative relationship between both organizations.
Agenda Review
City Manager Burkett requested that Item #30 be moved to the first item of
discussion after Consent.
Councilmember Horak requested that Item #14,
Intergovernmental Agreement Between the City
of Agriculture and Authorizing the Cit
Negotiations, be withdrawn from the Consent
March 16, 1993
y
Resolution 93-35 Accepting the Draft
of Fort Collins and the State Board
Manager to Proceed with Final
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 #24, Pulled
Consent Items.
7.
Q
9.
This Ordinance, which was unanimously adopted on First Reading on March 2,
is the ninth year of an annual program to encourage property owners to
construct, repair, replace, and maintain their concrete curb, gutter, and
sidewalks. This program is voluntary on the part of the property owners.
To encourage participation by property owners, the City splits the cost
of construction with the property owners, hires the contractor, and
oversees the construction. In addition to paying 50 percent of the cost
of the improvements, the City also pays the costs of oversizing sidewalks
on major streets and the costs of constructing pedestrian access ramps at
intersections. The City also pays for extending sidewalks across
irrigation canals, alleys, or other public property.
This Ordinance, which was unanimously adopted on First Reading on March 2,
appropriates the outreach funds.
A. Second Reading of Ordinance No. 24, 1993, of the Council of the City
of Fort Collins Which Would Make Certain Amendments to Chapter 22 of
the Code Pertaining to Special Improvement Districts.
B. Second Reading of Ordinance No. 25, 1993, Amending Certain
Provisions of the City Code Pertaining to Developer Reimbursement
Agreements.
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March 16, 1993
This Ordinance, which was unanimously adopted on First Reading on March 2,
that should result in a positive financial impact to the City. The
revisions are designed to reduce the likelihood that assessments will not
be paid and to minimize the need for the City to supplement special
assessment bond funds with general tax dollars. This Ordinance, which was
unanimously adopted on First Reading on March 2, would enable developers
making improvements which especially benefit other properties within a
special improvement district to recover the full cost of those
improvements under other sections of the City Code without including the
costs of those improvements in the assessment against their properties.
In August of 1986, the City issued $30,060,000 of Sales and Use Tax
Revenue Bonds. These bonds refunded prior City issues, including the
August 1981, October and December 1982, and November 1984 Sales and Use
Tax Bond issues, the SouthRidge Bond Anticipation notes, and the Block 31
Intergovernmental Agreement. The net effective interest rate on the 1986
Bonds was 7.36%. The current market would provide a net effective
interest rate of approximately 5.0%. The lower interest rate will provide
gross savings of $1,060,000 over the life of the bonds. This is
equivalent to $742,000 in present value.
Lease -purchase financing is used by the City for the provision of new and
replacement equipment, vehicles and rolling stock. Departments project
their needs and money is budgeted each year to fund the annual lease
purchase payments. This is the first lease -purchase contract the City has
negotiated since the passage of Amendment 1.
The City has had difficulty finding a vendor willing to enter into a
lease -purchase agreement due to perceived uncertainty about the effect of
Amendment 1 on these transactions. Timing is becoming critical to order
equipment and have it available for work this summer season. For this
reason we are asking Council to approve a lease -purchase on first reading
with the vendor and exact interest rate to be confirmed on second reading
on April 20. It is anticipated that with the passage of this Ordinance
the City will be able to reach an agreement with Safeco Credit Company,
Inc. or another vendor.
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March 16, 1993
b n ,
Stormwater basin fees for new development are based o land usage runoff
coefficient), basin base rate, and the on -site reduction factor. The on -
site reduction factor is included in the formula to recognize that the
provision of detention storage provided by a development may reduce the
runoff impacts on downstream properties so the fees could be less. The
current City Code is ambiguous or vague on the definition and location of
that on -site detention. This proposed change to the Code provides for the
definition of on -site detention and for a more even application of credit
to all development being served by a detention facility.
Fort Collins Police Services has applied for and been awarded an
"Emergency Management Assistance" (EMA) grant for federal fiscal year
1993. These funds` are allocated by the Federal Emergency Management
Agency to support emergency management program activities at the local
level. Local jurisdictions must first meet specific program requirements
and must have an established disaster agency and plan.
The City has received notification of a grant award in the amount of
$14,000 for federal fiscal year 1993, which covers the time period of
October 1, 1992 to September 30, 1993. This grant requires a 50/50 match '
in funds. These matching funds are currently included in Police Services'
1993 budget, primarily under the Emergency Management Coordinator
position.
Police Services plans to receive similar EMA grant amounts on a regular
basis in the future to help fund the emergency management program.
With the goals of improving communication and gaining the mutual benefits
of cooperative planning, representatives of the City of Fort Collins and
Colorado State University have been meeting over the past few months to
discuss and agree upon a framework for an Intergovernmental Agreement
related to future cooperative efforts in general and land development in
particular. As a result of these discussions, City staff has prepared a
draft Intergovernmental Agreement between the City and the University.
CSU staff has just recently received a copy of the draft Agreement and has
not yet had time to review and comment upon it. When finalized, it will
be presented for adoption by each entity's governing body.
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March 16, 1993
15.
In February, 1993, the Council passed Ordinance No. 16, 1993,_ establishing
a Passenger Facility Charge for the Fort Collins -Loveland Municipal
Airport. Section 4 of the Ordinance along with Federal Aviation
Administration regulations governing Passenger Facility Charges, requires
that projects on which Passenger Facility Charges are to be expended be
designated by Resolution. This Resolution denotes those capacity and
safety enhancing projects needed at the Fort Collins/Loveland Municipal
Airport.
16.
On November 20, 1990, City Council approved Resolution 90-147 and directed
staff to investigate the feasibility of a zero interest loan program for
customers with an inferior or corroded water service line that should be
replaced at the time of the installation of the meter pit. To date, there
have been 17 loans issued for a total of $17,877.
On April 7, 1992 the City Council directed Utility staff and the Water
Board to " develop a zero interest loan program for the installation of
' qualified water conservation measures." The Utility staff has developed a
zero interest loan program intended for metered customers who: (1) have
galvanized, inferior, or corroded service lines that are in need of
replacement as determined by Water Utility representatives; (2) have
leaking pipes or plumbing fixtures in need of repair; or (3) wish to
reduce their water consumption by installing ultra -low flush toilets (less
than or equal to 1.6 gallons/flush).
17. Resolution 93-38 Establishing Rental Rates to be charged for the City's
Surplus Water.
This Resolution would approve rental rates for the City's surplus raw
water. Each year prior to the irrigation season, the Water Board makes a
recommendation to the Council on the rental rates to be charged for the
City's surplus water. The surplus water rental program was discussed at
the February 19, 1993 meeting of the Water Board. The proposed rental
rates are based on several factors including past rental rates, assessment
rates, and anticipated supply and demand conditions.
On June 7, 1990, the City purchased a 160 acre parcel of land located
approximately two miles east of I-25 along the Poudre River as a possible
' site for a proposed regional wastewater treatment plant. (See map) It was
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agreed at the closing of the sale of the property that Harrison Resource '
Corporation would be given first right of refusal of any offer made to the
City to rent the property, or any section thereof, and would be given
twenty-one days to exercise its right to match the offer.
This Resolution will authorize the Mayor to approve an extension of the
lease of the Rockwell Ranch property to Virlon G. Parker and Jesse C.
Greer.
Since 1923, the cities of Greeley and Fort Collins have jointly owned the
Rockwell Ranch property in the South Fork drainage of the Cache la Poudre
River Basin. There are six parcels of land, containing a total of about
960 acres, which have been leased for many years. This land is presently
held in trust for the two cities by Charles Bishopp, Trustee, and has been
leased since 1972 to Mr. Parker and Mr. Greer for ranching purposes. They
desire to continue leasing the land for at least one more year.
Resolution 93-41 Making an Appointment to the Housing Authorit
A vacancy currently exists on the Housing Authority due to the resignation
of Daniel Alexander. '
Councilmembers Horak and Edwards are recommending that Evelyn Clarke, who
is currently a community advisor to the Housing Authority, be appointed to
fill the remainder of Mr. Alexander's term, which expires July 1, 1994.
Resolution 93-42 Making an Appointment to the Retirement Committee.
A vacancy will soon exist on the Retirement Committee due to the
resignation of Mollie Mercer effective upon Ms. Mercer's retirement on
March 31, 1993.
Councilmembers Maxey and Edwards reviewed the applications on file and are
recommending that Jackie Davis be appointed, effective April 1, 1993, to
fill the term which expires July 1, 1994.
Resolution 93-43 Making an Appointment to the Urban Growth Area Review
Board.
The Intergovernmental Agreement between the Larimer County Commissioners
and the Fort Collins City Council established a Fort Collins Urban Growth
Area Review Board to act as the single recommending body to the
Commissioners concerning development applications for properties located
within the unincorporated portion of the UGA and ineligible for voluntary
annexation into the City. The Board consists of two members appointed by '
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March 16, 1993
the City Council, two members appointed by the County Commissioners, and
three members appointed by mutual agreement of the Council and the
Commissioners.
23. Routine Deeds and Easements.
a. Easement from Clifford J. Buckley across Tract "A" of Prospect
Greens is needed to construct storm drainage improvements identified
in the Canal Importation Master Plan. Council has approved this
project. Monetary consideration: $140.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second R
Revenue
Program.
8. Second R
Revenue
9. Items RE
' A. Second Reading of Ordinance No. 24, 1993, of the Council of the City
of Fort Collins Which Would Make Certain Amendments to Chapter 22 of
the Code Pertaining to Special Improvement Districts.
B. Second Reading of Ordinance No. 25, 1993, Amending Certain
Provisions of the City Code Pertaining to Developer Reimbursement
Agreements.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
10.
12.
13.
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March 16, 1993
A. Hearing and First Reading of Ordinance No. 30, 1993, of the Council
of the City of Fort Collins Authorizing the Sale of Real Property
Described as a Portion of Tract D of Fairbrooke PUD.
B. Hearing and First Reading of Ordinance No. 31, 1993, of the Council
of the City of Fort Collins Authorizing the Sale of Real Property
Described as Commercial Tract of Brittany Knolls PUD.
C.. Hearing and First Reading of Ordinance No. 32, 1993, of the Council
of the City of Fort Collins Authorizing the Sale of Lots 1-8, Block
7 and Lot 24, Block 6, Replat of Evergreen Park 2nd Filing.
Councilmember Azari made a motion, seconded by Councilmember Kneeland to adopt
and approve all items not removed from the Consent Calendar.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmember
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 93-35 '
Accepting the Draft Intergovernmental Agreement
Between the City of Fort Collins and the
State Board of Agriculture and Authorizing the
The following is staff's memorandum on this item.
°EXECUTIVE SUMMARY
With the goals of improving communication and gaining the mutual benefits of
cooperative planning, representatives of the City of Fort Collins and Colorado
State University have been meeting over the past few months to discuss and agree
upon a framework for an Intergovernmental Agreement related to future cooperative
efforts in general and land development in particular. As a result of these
discussions, City staff has prepared a draft Intergovernmental Agreement between
the City and the University. CSU staff has just recently received a copy of the
draft Agreement and has not yet had time to review and comment upon it. When
finalized, it will be presented for adoption by each entity's governing body.
The draft Intergovernmental Agreement is constructed around several principal
themes. Under the plan outlined in the draft, the City and University would,
establish a direct means for reviewing and sharing information on their
respective long range, master planning activities for areas of mutual interest. '
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March 16, 1993
The University will agree to annex eligible properties and submit future site
development plans to the City including attending a neighborhood meeting, and
review and comment by the Planning and Zoning Board. The University will develop
and submit to the City, landscape standards and criteria to be utilized by CSU
for construction of any building or sign. Likewise, the City agrees to submit
any proposed private development plans within the vicinity of CSU property for
University review and comment.
Commitments would be exchanged that the City and CSU will give meaningful
consideration and reasonable efforts will be made to comply with the
recommendations of the other party.
The University also agrees to comply with the Sign Code with respect to new
freestanding and ground signs. In addition, the University agrees not to erect
any new signs which are prohibited by City Code, for example rooftop signs and
flashing or blinking signs.
Finally, although this agreement is focused upon developing mutual guidelines for
reviewing and sharing information in terms of planning and development issues
which are of immediate concern to the City and the University, there are other
programs and projects of mutual opportunity, interest or concern, which need to
be addressed following the adoption of this Agreement. Both the City and the
' University will commit to continue serious discussions concerning these matters
in a timely fashion, with the goal of developing mutually beneficial and
harmonious working relationships.
BACKGROUND:
Fort Collins is a strong and growing community which encompasses a diverse
mixture of people and activities. Colorado State University plays a vital part
of the community. Many of Fort Collins' unique qualities spring in large part
from the influence and activities of CSU. In return, the quality of life in Fort
Collins contributes significantly to the appeal and success of the University as
a center for scholarly study: In short, the relationships between Colorado State
University and the community are, in many respects, mutually beneficial.
On the other hand, it is also clear that this relationship can lead to
significant conflicts. As the University has grown, the community has
experienced changes in the nature of its population, increasing competition for
housing, denser development and more traffic. When changes of this nature are
of particular concern, for whatever reason, the relationship between the
community and the University can be strained.
Last October, the City Council directed the City Manager to review this
relationship, particularly with respect to growth and development. This task was
made urgent by concerns about a proposed development for student housing on the
CSU-owned property on West Elizabeth, known as the old Bull Farm. The City
Council, by Resolution 92-166, directed the staff to prepare for Council review
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and approval an intergovernmental agreement with Colorado State University. At
the same meeting, the Council was presented with an ordinance which was designed
to amend the previous annexation ordinances involving CSU property, such that the
limitations on jurisdiction in those annexation ordinances would be substantially
repealed. It was recommended by the staff that the first reading of that
ordinance should be tabled so that any amendment of the annexation ordinances
could be addressed, if possible, in the context of an agreement with CSU. The
Council did table the first reading of that ordinance and, because of the
development of the draft agreement presented with this item, the staff is not
returning to the Council with the annexation amendment ordinance.
In order to gain an understanding of how other university communities have
addressed these issues, a phone survey was undertaken. Also, information was
requested from the libraries of the American Planning Association and National
League of Cities. A summary of this research is attached.
At this time, goals, objectives and values that support this cooperative effort
have been completed (attached) and a draft Intergovernmental Agreement has been
prepared (attached) by City staff. The draft Agreement is currently being
reviewed by the University. It is anticipated that there will be some final
details to be ironed out before the Agreement is adopted by the City Council and
the State Board of Agriculture. It is expected that a final agreement will be
negotiated in the next two or three months.
RECOMMENDATION:
'
The proposed agreement is intended to be a vehicle through which the improving
climate of cooperation between the City and the University can be enhanced and
sustained."
Councilmember Maxey made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-35.
Councilmember Horak asked for an update on the status of the negotiations.
City Manager Burkett responded the draft intergovernmental agreement has been
given to CSU, but CSU has not had time to make a formal response. He stated
there is a meeting scheduled later this month to review CSU's response to the
draft.
Councilmember Azari suggested that a review of the University of Southern
Colorado's agreement with the City of Pueblo may be helpful in preparing this
agreement. She was concerned with the agreement's main focus on land use and
with the limited reference to other issues.
City Manager Burkett stated there have been other issues identified that may
become separate agreements in the future; however, the key concern is with the
land use issue. '
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March 16, 1993
Mike Hauser, Chamber of Commerce, applauded the City and CSU for the efforts put
forth in creating the agreement. He stressed the importance of the issues and
believed the issues will extend well into the future. He urged Council and CSU
to create a document that will work for the community both now and in the future.
Councilmember Azari applauded the effort put forth on the draft agreement. She
believed the importance of building common community values and the interaction
between neighborhoods and students is very significant in creating the agreement.
She believed that the agreement should not be rushed but that some time should
be taken in planning the best for the community, CSU, and the City.
Councilmember Horak supported staff for creating a draft agreement so quickly and
efficiently. He believed that a final agreement should be pursued expeditiously
for the benefit on the community.
Councilmember Kneeland believed the land use issues are most pressing at this
time. She supported the draft agreement as a starting place.
Mayor Kirkpatrick believed that a formal agreement is needed so that the
citizen's interests are represented over time. She stated the Intergovernmental
Agreement between CSU and the City is an important feature to the community.
' The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Horak appreciated the staff and Water Board's review of the Water
Rental Rates. He believed the program is fair and will work well for the
community. He stated the Ad -Hoc Planning Committee (Larimer County, Loveland,
and Fort Collins) had a meeting which focused on identifying issues and listing
suggestions for structure. He stated the Committee would like direction on how
to form a citizens' committee to examine the County Road 32 corridor issue.
Councilmember Maxey presented the composition of the Ad -Hoc Planning Committee
and believed the representation between the County, the City of Loveland, and the
City of Fort Collins was excellent.
Mayor Kirkpatrick stated Item #10 on the Consent Agenda (Sales and Use Tax
Refunding Bonds) will save the taxpayers a great deal of money over time. She
encouraged people to apply for the vacancy on the Colorado Municipal League
Executive Board. She stated that she received an invitation to accompany
Governor Romer to meet with President Clinton on health care issues.
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March 16, 1993
Resolution 93-47
of the Council of the City of Fort Collins
Accepting the Report of Special Legal Counsel
Regarding Allegations of Employee Misconduct, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At the direction of the City Council, Attorney Susan Griffiths was appointed by
the Council to serve as special legal counsel to conduct an investigation into
the allegations of employee misconduct in the selection of the golf professional
for SouthRidge Golf Course.
Ms. Griffiths' conclusion states, "Based on the information and documents
available to me, I see no basis for any charge that applicable City or State
ethical rules of conduct were violated by any City employee, or based on my
conversation with the Larimer Country District Attorney's office, for a charge
that State criminal laws were violated."
Ms. Griffiths goes on to recommend, "Appropriate personnel should determine
whether Mr. Brown's conduct, in urging Mr. Powers and Mr. O'Neill to select Mr.
Greer for the SouthRidge golf professional position instead of Mr. Sharp, '
violated Section 7 of the Personnel Policies and Procedures of the City..." The
City Manager and Jaime Mares, Employee Development Director, have reviewed this
issue and determined that Mr. Brown did not violate this or any other provision
of the City's Personnel Policies and Procedures. However, the City Manager has
reviewed the entire report with Mr. Powers and Mr. Brown and has communicated
expected improvements in communications and the selection process for City
contracts.
Upon advice from Ms. Griffiths, the City Manager has also requested waivers from
City employees regarding their rights of confidentiality and client -attorney
communications. Waivers have been received from those City employees. Legal
Counsel did not feel that release of the report required a waiver from the Golf
Board members, however Council felt it was desired as a matter of courtesy.
Waivers have been received from only 4 of the 7 Golf Board members involved in
this selection process.
The City Manager recommends that the entire report be released by the City
Council because of the extensive public discussion of the issues covered in the
report and in the interest of public's right to know the full results of the
investigation."
City Attorney Roy withdrew from discussion on this item because of a potential
conflict of interest.
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March 16, 1993
Councilmember Azari made a motion, seconded by Councilmember Horak, to adopt
Resolution 93-47.
City Manager Burkett obtained waivers from all the City employees involved in
this issue and from five of the seven Golf Board members. He recommended Council
adopt the Resolution. He stated the Resolution will release the report to the
public and will ask the City Manager to work with staff and the Golf Board to
improve the process for the selection of future golf professionals.
Councilmember Maxey asked clarification on the purpose of the report.
City Manager Burkett stated the charge of the Special Investigator was to
investigate allegations made in regard to employee misconduct. He stated the
investigator interviewed approximately 28 people and concluded there was no
evidence to suggest any illegal or improper procedures were followed by any of
the involved persons.
Sue Sharp, on behalf of Steve Sharp Golf Pro applicant, believed the
investigation of the selection process was not conducted adequately. She
believed the key issues were consistently avoided.
Al Bacilli, 520 Galaxy Court, asked why the Golf Board was overruled in the
' selection of the SouthRidge Golf Pro. He believed an injustice was done to Steve
Sharp.
Councilmember Horak reviewed why the report was conducted. He stated the report
was not done to review or change the process. He stated Board recommendations
are often followed; however, the recommendations are sometimes overruled.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 93-34
Directing Staff to Develop a Comprehensive Work Plan
Which Will Encourage and Support the
Collaborative Use of Library, Media and
Information Services Throughout the City. Postponed to April 20.
The following is staff's memorandum on this item.
°EXECUTIVE SUMMARY
Earlier this year, following an in-depth discussion of combined city -school
library space in the new Fort Collins High School, and the signing of an
intergovernmental agreement between the City of Fort Collins and Poudre R-1
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March 16, 1993
School District Council began to look at ways to move toward a regeneration of '
efforts to broaden citizen access to information in both traditional and
innovative ways.
Beginning in 1988, the Library Board analyzed different possible levels of
Library service and recommended a strategy for the future. Following Council's
adoption of this strategy in 1990, the Library staff, in cooperation with' the
Library Board, developed a five-year plan to implement the strategy.
Building on the Library development plan now in place, the Council wishes to
consider the development of a comprehensive work plan for information needs of
the community. This plan would include the following:
A. Continuing implementation of the five-year library plan, which includes
the southside, storefront branch library.
B. Understanding and accommodating existing technologies across agencies
which provide information services to the community.
C. Building in the flexibility to accommodate new technologies that might
arise in the future.
D. Working with Poudre R-1 to refine and implement community learning center
concepts for joint use within existing and planned school and City I
buildings.
E. Working with other agencies in the Fort Collins community that provide
information services to assess the feasibility of maximizing the provision
of these services by both the City and these agencies as well as the
potential for joint use.
The intent of this resolution is not to replace the existing library plan. The
priority for the Council would remain the implementation of this plan. The
components of this new plan would enhance the existing library plan and take us
beyond the five year limit. It also would allow for a broad assessment of
information needs within the community, as well as developing the ability to take
advantage of short windows of opportunity for information service delivery.
This work plan would be returned for Council consideration in September 1993.
Cultural, Library, and Recreational Services would take the lead on developing
this plan, but would include expertise from staff across the other service areas.
The Library Board will be the lead board on this project, but it will be a
cooperative effort with other boards and commissions."
Councilmember Kneeland made a motion, seconded by Councilmember Maxey, to adopt
Resolution 93-34.
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March 16, 1993
' Mike Powers, Cultural Library and Recreation Services Director, presented
background information on the extension of the existing Library Development Plan.
He stated the Resolution directs the development of an action plan, which expands
the material and the timeline for the plan. He stated the lead board on the
project is the Library Board. whose members are present and available for
questions.
Anne Ostrye-MacDonald, Library Board Chairperson, touched on several key point
in the March 9 letter written by the Board. She stated the Board believed any
action plan must be separated from the five year Library Development Plan. She
urged Council to concentrate all of staff's efforts on completing some sort of
expansion plan. She stated the Board would like to separate the implementation
of the five year plan from the remaining components. She stated the Board would
like to develop a Resolution which states the five year plan would be completed
first and then move onto the other information policy components in a different
Resolution.
Mayor Kirkpatrick clarified that there could be two parts to the Resolution. The
first priority calling for the completion of the five year plan and the second
priority focusing on completion of the other policy components.
Councilmember Maxey asked if some funds from the 1993 branch library at the high
school could be available for a store front branch library.
City Manager Burkett stated the Finance Director reviewed several options for
funding the branch library at the high school and those options could also be
reviewed for funding a store front branch library.
Jerry Roselle, Library Board member, urged Council to amend the Resolution to
only implement the five year plan at this time. He believed providing a store
front branch library is beneficial to the community.
Councilmember Kneeland believed the City of Fort Collins has outgrown the current
library. She believed that establishing a store front branch library in -south
Fort Collins is a priority and would greatly benefit the citizens of the City.
Councilmember Azari believed the City does need a branch library; however, the
issue should be brought before the new Council. She stated she did not believe
it was appropriate to pass this Resolution. She stated the new Council should
set some priorities with regard to the branch library plan.
Councilmember Horak believed that this project should be reviewed further in
greater detail. He stated that various levels of funding need to be researched
in order to present a new branch library proposal to the community.
Councilmember Kneeland stated she would be supporting the Resolution and believed
staff and the Library Board need to work on a plan that best accommodates the
community. '
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March 16, 1993
Mayor Kirkpatrick stated she would be supporting the Resolution because it
provides an opportunity for discussion with the new Council. She believed the
City builds nice buildings but does not prioritize the operations and maintenance
for the ongoing care of the buildings.
Councilmember Horak made a motion, seconded by Councilmember Azari, to postpone
consideration of this item until April 20. He believed there needed to be more
discussion on this issue and to pursue the various levels of funding that would
be necessary to complete this project.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, and Maxey. Nays: Councilmember Kneeland.
THE MOTION CARRIED.
Resolution 93-44
Accepting the Cost of Development Report and
Providing Direction on the Council Work Plan Item Related to the
Cost of Growth and Development, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY '
The 1991-93 Council Work Plan included an item called "Develop a Process to Study
the costs of Growth." In February 1992 at a work session, Councilmembers
discussed the focus of the project and provided direction to frame the Work Plan
item. On March 17, 1992, the Council approved Resolution 92-53 which directed
the staff to prepare and implement a work plan that addressed existing City
policies associated with growth and development, the City's development fees, the
economic indicators used by the City to assess the City's economy and the
impacting growth, and a case study to demonstrate the relationship between
development fees and existing policies.
As staff began to formulate a more definitive statement of purpose for the
project and talk with citizens about the project, it was evident that there were
lots of perceptions and opinions as to what this project should be all about --
the attached "Listening Log" is a compilation of citizens' comments and
questions. Based on the direction from the City Council, staff work and citizen
discussions focused on fees and a review of the City's current development
policies. However, many of the issues that continued to be raised by citizens
related to fundamental questions of growth management and comprehensive planning.
At the Council work session held in November to review progress and direction on
the Cost of Development project, Councilmembers expressed interest in additional
work on policy issues and their financial implications.
477 '
March 16, 1993
' To address the interests expressed by Counci (members at that work session as well
as those voiced by citizens, the project was reframed to more clearly identify
the emerging policy issues that can serve as an effective bridge between the
current work and future work related to the topic of growth in Fort Collins.
The work of this project, and the report that is being presented to the City
Council, has focused on two primary elements: Development and Impact Fees, and
Growth and Development Policies.
DEVELOPMENT AND IMPACT FEES
The intended outcome of examining the City's development and impact fees was to
provide a complete and reliable foundation of information about the City's
current policies and practices regarding fees. The FEES section of the report
contains a complete review of all the City's planning, building permit, plan
review, and impact fees. Also included are several examples of different types
of development and the fees that they must pay under the City's current fee
system. The use of impact fees by other communities and the issues associated
with the use of impact fees is also addressed. Finally, the FEES section
concludes with a description of some of the predominant policy issues related to
impact fees for the City of Fort Collins.
GROWTH AND DEVELOPMENT POLICIES
'
The information associated with Growth and Development
Policies
includes a review
of the City's 1980 and 1984 Growth and Development
Studies,
a review of the
City's growth and development policies, and concludes with
a section that
presents some of the predominant policy issues and
themes related to future
growth and development in Fort Collins. These policy issues
and
themes are based
on the comments from citizens and affected interests
that are
concerned about
their community.
CITIZEN OUTREACH
Extensive citizen outreach activities were carried out as an integral part of
this project. The following highlights some of the major activities:
a. Produced a video to introduce to the public the "Cost of Development"
project -- a statement of the issues and some questions to stimulate
discussion among community members.
b. Presentations of the video and discussions about the growth and
development issues of the project with various Boards and Commissions and
community groups, such as Natural Resources Advisory Board, Citizen
Planners, a meeting of the Chairpersons of the various Boards and
Commissions, Associated Contractors of Northern Colorado, and Fort Collins
Boar of Realtors.
478
March 16, 1993
C. Captured citizen comments throughout the project which have been
documented in the "Listening Log" -- see Attachment B.
d. Held two press briefings -- one at the beginning of the project and one
prior to the February Round Table discussions to provide the media with an
opportunity to ask questions and ensure a complete understanding of the
information generated by the program.
Conducted Focus Group meetings and Round Table discussions in February to
obtain comments about the information contained in the FEE Report as well
as general comments from citizens about what they feel are the predominant
issues in future growth and development in Fort Collins.
CONCLUSION
The intended outcomes of the Cost of Development Project were:
1. To provide a complete and reliable foundation of information about the
City's current policies and practices related to development fees.
2. To collect information about what citizens perceive to be the major policy
themes and/or issues the City needs to address concerning growth and
development.
To provide a list of the predominant policy issues about growth in general
as well as development -related fees.
Staff believes that the information reflected in the 1993 Cost of Development
Report is a good baseline of information. Further, the information contained in
the Cost of Development Project Report is intended to assist the City Council in
making an informed decision about the degree of public interest and the
predominant issues for answering growth and planning projects in the next two-
year work plan."
Diane Jones, Deputy City Manager,
stated the purpose of the project
development policies and fees.
provided some history of the project. She
has been to describe the City's existing
Claudia Benedict, Management Analyst, presented the objectives of the project.
She stated various community groups were involved throughout the process. The
groups offered various opinions and suggestions on the project. She stated the
public took part in discussions related to policy issues. She stated the project
is completed; however, the communications and meetings between the community
groups will still take place in discussing the various issues in regard to
development policies and fees.
479
March 16, 1993
' Greg Byrne, Community Planning and Environmental Services Director, reviewed the
major policy areas which merit further discussion. He provided the major themes
that were conveyed from the community on the development policies and fees. He
stressed the need for continued discussion in relation to the development
policies and fees with the public.
Councilmember Azari made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-44.
Lou Stitzel, affordable housing advocate, stressed the need for a stronger
connection between an affordable housing policy and the overall concept of
development fees. She stated the meetings conducted in regard to the development
policies and fees were extremely well put together.
Alan Apt, 1406 Freedom Lane, stated the study was put together extremely well.
He stated the involvement of the public is appreciated and believed this is the
first step in resolving the development policies and fees issues.
Pete Salg, Chair of the Chamber of Commerce Local Legislative Affairs Committee,
congratulated City staff and Council on an excellent job of pursuing community
input prior to the development of the existing document. He believed the current
Parkland Fee needs to be re-evaluated. He stated City expenses should follow
revenues generated by business cycles.
Dick Jeffreys, Associated Contractors of Northern Colorado, stated this
Resolution should be used to shape the community according to the wants and needs
of the citizens. He stated this study appears to raise as many questions as it
does answers and the discussions should continue as new questions arise.
Councilmember Azari asked why the focus groups want to continue meeting.
Jones responded the continued discussions will focus on some key themes that will
be helpful to Council in determining which direction to take after the adoption
of the Resolution.
Councilmember Kneeland believed this report provides a common base of language
with regard to development policies and fees. She stated the report provides the
opportunity to manage growth and adds to the general base of information in the
community.
Councilmember Horak believed the report provides a lot of information, but needs
to be refined to answer the more specific issues. He believed the community
discussions still need to continue to produce the results the citizens, staff and
Council want.
1 480
March 16, 1993
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 93-45
Approving the Air Quality Policy Plan and
Incorporating the Same into the
Comprehensive Plan of the City. Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Air Quality Policy Plan (the Plan) contains statements of Findings, Goals,
Objectives, and Policies. The Plan has been adopted by the Planning and Zoning
Board. Once approved by City Council, these statements become part of the
Comprehensive Plan and will be used to guide development of other Comprehensive
Plan elements, staff work plans, City programs, budget recommendations, and other
implementation strategies.
BACKGROUND:
City Council priorities call for expansion and emphasis of the Air Quality
Element of the City's Framework for Environmental Action. The Air Quality Task
Force and staff, with comments and suggestions from many community members, have
prepared air quality Findings, Goals, Objectives, and Policies -- which together
are called the Air Quality Policy Plan. City Council reviewed the Plan at its
January 26 work session. Since that time the Planning and Zoning Board adopted
the Plan at its February 22 meeting. The following Boards also recommend that
Council approve the Plan: Air Quality Task Force, Transportation Board, and
Natural Resources Advisory Board. If City Council approves the Plan, then the
Air Quality Task Force and staff will prepare action strategies within twelve
months for Council approval, and Council will review progress and redirect action
strategies every two years thereafter.
KEY ISSUES
The Plan will change the way the City deals with air quality, as summarized in
the following five points.
The Goal is "To continually improve Fort Collins air quality as the City
grows." This goal carries the community toward cleaner air even after the
City achieves compliance with federal clean air standards.
481 1
March 16, 1993
2. Air quality indicators will be used to measure progress, along with more -
traditional ambient air quality data. Indicators include, for example,
vehicle miles of travel and the. number of residents taking action to
reduce exposure to indoor air pollution.
3. City Council will review and evaluate air quality progress every two
years. The biennial review provides Council a regular opportunity to
redirect action strategies to maintain air quality progress, guided by the
goal of continual improvement. Council decides, in effect, to what
lengths the community will go to continue improving air quality.
4. Transportation planning and air quality are linked by the Plan's motor
vehicle objectives. The objective "To prevent total motor vehicle
emissions from rising above its low point, projected to occur in year
2000," becomes a target for the City's transportation planning process.
The Plan calls for the City to influence the travel behavior of its
residents and promote alternatives to the single -occupant vehicle, rather
than just increase street capacity in response to demand. Current travel
trends are in the wrong direction for continued air quality improvement.
Trips per household is increasing. Trip length is increasing. Vehicle
occupancy is decreasing. As a result, Vehicle Miles of Travel (VMT) is
projected to grow BY faster than population. Unless the community finds
a way to moderate VMT growth, we will see erosion of hard won gains from
investment in automobile pollution control technology. This is perhaps
the greatest challenge presented in the Air Quality Policy Plan.
5. Supporting land use patterns will be needed to decrease the use of single -
occupant vehicles over the next 10 to 20 years. The Plan calls for
stronger adherence to existing City policies of promoting higher
residential density and mixed land use development. The Plan recognizes
the interdependence of land use, air quality, and transportation in its
policy of support of higher density and mixed use to reduce motor vehicle
trips and average trip length.
PLANNING AND ZONING BOARD REVIEW
The Planning and Zoning Board reviewed the Plan on February 22, 1993, and an
excerpt of its minutes is attached. Board members expressed concern about
proposed policies that appeared to give primacy to air quality relative to other
elements of the Comprehensive Plan. The Board therefore adopted the Plan with
the following two amendments.
CP-4 The City will adopt no transportation or land use plan or program unless
there is .an affirmative finding that the plan or program ee�has:
g9ven rnr�sc€eratn ao the objectives and policies of the Air Quality
Po1 icy plan ............._ .....
EFY:
March 16, 1993
LU I The City shall support proposals for higher density residential '
development and mixed land use development in all neighborhoods, if they
are designed to enhance .... the_use of._alternatives,to.single,-occupant, motor
Planning and Zoning Board members also indicated that they do not have enough
information to implement all the proposed policies in the context of their land
use decisions, particularly with respect to health risk and topography issues.
They asked staff to provide guidelines or criteria to implement the air quality
policies.
COMMUNITY INVOLVEMENT
The Air Quality Task Force (AQTF) has had a key role in development of the Plan.
AQTF members are responsible for recommending the plan for adoption by the
Planning and Zoning Board and City Council. Staff kept other Council Boards and
Commissions apprised of plan development including the Planning and Zoning Board,
Transportation Board, Natural Resources Board, and Storm Drainage Board.
attached.
Staff also sought input from several community groups with an interest in air
quality. These include: Larimer County Board of Health, Larimer County Health
Department, Chamber of Commerce, Larimer County Voters for Clean Air Coalition,
the Board of Realtors, the editors of "Concrete Facts," Citizen Planners, and the
Northern Colorado Corporate Environmental Forum.
Staff mailed copies of plan reports to over 400 individuals requesting comments
and suggestions. So far about 45 people and groups have commented. Most of the
comments offer strategies, and these will be useful in the next stage of air
quality planning. Among the remaining comments several themes emerged:
On GOALS: Some favor the goal of "continual improvement" as appropriately
ambitious and visionary. Others think it is too open-ended, lacks fiscal
responsibility, or might be i11-used as an argument against growth.
On OBJECTIVES: Most people like the community accountability that comes with the
measurable objectives and the biennial review of air quality indicators. The
objective to reduce VMT growth gets most attention -- commenters note this is a
tough issue because the current trend is in the opposite direction. Some suggest
that the objectives should consider cost and benefits and there should be a time
frame to re-evaluate or "sunset" the objectives.
On POLICIES: Some commenters suggested a policy to exhaust education and
incentives before resorting to ordinances, and this suggestion has been
incorporated into policy CP-2."
483
March 16, 1993
—' Brian Woodruff, Environmental Planner, provided background information on the Air
Quality Policy Plan. He stated Council's approval of the Resolution is needed
in order to incorporate the Air Quality Policy Plan into the overall
Comprehensive Plan of the City. He outlined the future procedures after the
adoption of the Resolution.
Councilmember Horak asked why review of the Plan will only occur every two years.
Woodruff stated the Air Quality Task Force and staff believed two years is the
appropriate amount of time to allow the air quality indicators some time to
change. He stated that seven air quality indicators will be measured and brought
before Council every two years. He stated the data collection is substantial and
requires a sufficient amount of time to compile the information.
Councilmember Azari asked if the information compiled from the indicators would
be available for review anytime during the two year timeframe.
Burkett stated the measures from the indicators would be available for review at
anytime.
Councilmember Maxey asked if there is any method to measure the quality of air
that is imported.
1
Woodruff stated the plan recognizes there are certain aspects of air quality that
the City cannot control. The plan calls.for interagency and intergovernmental
efforts along the front range to address those types of issues in regard to air
quality.
Councilmember Horak made a motion, seconded by Councilmember Maxey, to adopt
Resolution 93-45.
Lynn Baker, Air Quality Task Force member, recommended adoption of the Air
Quality Policy Plan. She stated the policy is very proactive and strives to
continue improving the air quality in the community. She stated everyone is
enthusiastic and anxious to move forward in developing strategies to implement
the policy.
Gina Janett, 620 Colorado Street, Air Quality Task Force member, complimented on
the citizen participation efforts put forth in developing this policy. She
believed the true challenge is ahead in determining the strategies to improve the
air quality for the community.
Mike Hauser, Chamber of Commerce, believed that educating the community is very
vital to this policy. He stated the model for Vehicle Miles Traveled should be
actual Fort Collins data received to produce those types of figures.
484
March 16, 1993
Tim Vaughn, Air Quality Task Force member, believed that improving city-wide
traffic flow should be considered as an action strategy. He stated this project
is basically a general policy and various objectives. He stated the suggestions
given by the public were action strategies which would be implemented and
reviewed in the future.
Alan Apt, 1406 Freedom Lane, congratulated staff and Council on the efforts put
forth in producing such a document. He believed that an annual review of the
data would be more efficient and more receptive to the community. He stated this
document demonstrates the various steps in the right decision; however, there is
still a long road to travel.
Councilmember Kneeland asked for an explanation on the use of price mechanisms
on Policy UT4.
Woodruff gave a brief summary of Policy UT4. He stated the City has an
established program for Zero Interest Loans for Conservation Help. He stated
that program includes the opportunity for residents to obtain a Zero Interest
Loan to upgrade a stove or fireplace. He stated a program such as this is
considered a price mechanism which creates financial incentives to the community.
Councilmember Maxey asked how the hidden cost subsidies are located.
Burkett stated most cities have done analysis on what it costs to provide all the
services related to automobile transportation. He stated most of those costs are
not covered by the gas tax or user fees; therefore, hidden costs are not
recognized.
Councilmember Horak asked if the decrease in pollution was due to the reduction
of the Federal Carbon Monoxide Standards.
Woodruff stated there is an improving trend in the carbon monoxide readings. He
stated the improvement was not just in the number of violations, but also in the
median levels of pollution in the City. He stated the City is in conformance
with the federal guidelines and has an improving trend.
Councilmember Kneeland stated the process followed for this Resolution is
inclusive and facilitates the expressed community value.
Councilmember Horak believed this community has the political will to change the
air quality of Fort Collins. He appreciated the coordination of the citizen
participation on this project. He stated that the review of the plan should be
more frequent than every two years.
Councilmember Azari believed there should be a strong commitment to educating and
providing more information to the public on the air quality issues in Fort
Collins. She stated the policy is not just a quality issue, but a health issue.
485
March 16, 1993
Councilmember Maxey stated the policy represents a strong environmental issue and
the health of the community should be a priority. He believed the policy needs
to be refined and that refining the policy is ongoing.
Mayor Kirkpatrick believed the goal of continual improvement and a focus on
sources is a very workable framework for the community in the long run. She
stated she was skeptical about the use of voluntary compliance and education with
this policy. She stated the policy overall was done extremely well.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Items Authorizing the Sale of Several
Special Improvement District Properties
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
' The properties were acquired by the City in satisfaction of the City's lien for
special assessments levied against each property. In securing the deeds, the
City also incurred expenses for appraisals, title work, environmental audits,
general taxes, property maintenance, and County fees. Section 22-97(f) of the
Code authorizes the City to deduct those expenses from the proceeds of sale and
credit the remainder to the special assessment fund to pay principal and
interest. A breakdown of the application of the proceeds for each sale is
included in the body of this agenda item summary.
EXECUTIVE SUMMARY
Hearing and First Reading of Ordinance No. 30, 1993, of the Council of the
City of Fort Collins Authorizing the Sale of Real Property Described as a
Portion of Tract D of Fairbrooke PUD.
S. Hearing and First Reading of Ordinance No. 31, 1993, of the Council of the
City of Fort Collins Authorizing the Sale of Real Property Described as
Commercial Tract of Brittany Knolls PUD.
Hearing and First Reading of Ordinance No. 32, 1993, o
City of Fort Collins Authorizing the Sale of Lots 1-8,
Block 6, Replat of Evergreen Park 2nd Filing.
486
f
the Council of the
Block 7 and Lot 24,
March 16, 1993
1
Under Chapter 22 of the Code, the City is authorized to sell property at the
annual tax sale conducted by the Larimer County Treasurer if special assessments
levied against the property have not been paid. The properties were sold at the
1988 and 1990 tax sale and tax certificates of purchase were issued to the City
as there were no interested private investors. The owner of one property
conveyed title to the City through a deed in lieu of foreclosure. The other
parcels were deeded through the County Treasurer. Last May, the City Council
adopted Resolution 92-91 establishing policies for the sale of such property.
Per those policies, staff exercised the bid option and mailed the same to all
local realtors and also advertised the property for sale in the Coloradoan.
Council is required to approve the sales transactions by ordinance if the sales
are determined to be in the best interests of the City.
Fairbrooke Tracts A. D. 6 A H
Fairbrooke SID #79 was created in 1983 to provide infrastructure improvement for
a 100 acre single-family residential development. Sale of homes did not occur
as anticipated and the developer was not able to make timely payment of the
assessments on Tracts A, D, G & H. Tax certificates were issued on those parcels
and the City obtained deeds in 1992.
The following is an itemization of the assessment lien and City costs on Tract
D: 'Assessment Lien:
Tract D
Principal $138,628
Interest (to 411193) 55,568
Total $194,196
Costs:
County Treas. Fees f 9
General Taxes 13,168
Title Policy and
other 1,009
Total f 14,186
Total All Costs: $208,382
In order to evaluate the bid offers, it is important to know what the sales price
will provide the City in terms of debt payment. The following chart illustrates
the per acre sales price needed to pay all costs or principal and interest only
versus the appraised per acre value of the land. '
487
March 16, 1993
Price per Acre:
To recover all costs: f 23,154
To recover P & I: 21,577
Per appraisal: 17,980
Each parcel has a carrying cost based on the principal owed and the amount paid
annually on that debt. That cost is 8.9Y of the principal each year. Thus, if
the property is not sold now, the market value must increase by at least 9% per
year or .75Y each month in order for the City to be in a better position by
holding the land. (This does not include any investment earnings on the 8.9Y.)
Sale of Tract 0
Staff recommends that Tract D be subdivided into three units and sold as follows:
Unit I -- Poudre School District R-1: 1.97 acres for playground addition of two
soccer fields for a price to be negotiated. Unit 2 -- Bradley D. Pace:
approximately 2 acres including the historic Brown Farm house and two
outbuildings for $20,025/acre. Mr. Pace will preserve and restore the house as
a historic personal residence on its original site. Mr. Pace will pursue local
landmark designation for the house and will work with the Landmark Preservation
' Commission to best preserve the historic appearance of the property. Unit 3 --
5.18 acres for residential development to be sold at a later date.
Commercial Tract at Brittany Knolls
This 11.5 acre tract is assessed in two districts Provincetowne/Portner #81 and
South Lemay #86. These districts provided infrastructure improvements to the
Brittany Knolls PUD. Most of Brittany Knolls is single-family residential
development. Sale of homes did not occur as anticipated and the developer was
not able to make timely payment of a mortgage and the lienholder, repossessed the
land through foreclosure. That lienholder did not have the resources to pay the
assessments on the commercial tract and deeded the property to the City in 1992.
The following is an itemization of the assessment lien and City costs on the
parcel:
Assessment Lien:
Principal $218,427
Interest to 411193 81,832
Total $300,259
Costs:
488
March 16, 1993
County Treas. Fees S 56
General Taxes 3,346
Title Policy and
other 2,837
Total $ 6,239
Total A17 Costs: $306,498
In order to evaluate the bid offers, it is important to know what the sales price
will provide the City in terms of debt payment. The following chart illustrates
the per acre sales price needed to pay all costs or principal and interest only
versus the appraised per acre value of the land.
Price per Acre
To recover all costs: $ 26,652
To recover P & I: 26,109
Per appraisal: 14,426
Each parcel has a carrying cost based on the principal owed and the amount paid
annually on that debt. That cost is 8.9% of the principal each year. Thus, if
the property is not sold now, the market value must increase by at least 9% per '
year or .75% each month in order for the City to be in a better position by
holding the land. (This does not include any investment earnings on the 8.9%.)
Sale of 11.5 acre Commercial Tract at Brittany Knolls
Staff recommends that this parcel be sold to Christian Church (Disciples of
Christ) Central Rocky Mountain Region for a net price of $'172,425 or
314,993/acre. If this sale is completed, the City would receive enough to pay
57% of principal and interest or 56% of the total debt and costs outstanding on
the property.
Evergreen Park Lots
The City also uses the Tax Sale and Treasurer's Deed process to preserve its lien
on properties for weed/rubbish or snow/ice removal assessments that have not be
paid. Nine lots in the Evergreen Park subdivision were obtained in lieu of weed
mowing assessments. These differ from other special assessment properties
because no bonds were issued and no improvements were constructed.
The following is a breakdown of the total debt on the nine lots:
Costs:
Weed Mowing $ 228
County Treas. Fees 2,250 '
489
March 16, 1993
General Taxes 11,959
Title Policy and
other 2,700
Total $17,137
J. R. Develco (Stoner Realty) has made the City a purchase offer of $2,500 per
lot or $22,500 for all nine parcels. Staff recommends that these parcels be sold
to J. R. Develco because that company is the developer of the Evergreen Park
Subdivision and needs to purchase this land to complete the development. The
price offered is reasonable. Comparable sales in the area for lots in a more
desirable location were @$2,8001lot."
Susanne Edminster, Financial Policy Analyst, gave a brief presentation on the
three properties to be sold. She stated several citizens are going to present
alternative ideas to the options presented by staff.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 30, 1993 on First Reading.
Hal Russell, 2527 Coventry Court, presented the neighborhood proposal for
additional playground space for Bauder Elementary School. He stated the
' neighborhood was concerned that there will not be enough space to accommodate the
students at Bauder Elementary School. He stated Bauder will be the largest
elementary school in the district.
Mark Johnson, 2404 Cedarwood, stated he supported the neighborhood proposal. He
stated moving the property boundary would aid in the safety of the school
children. He questioned the historical value of the Brown Farm home. He stated
the house was an eyesore to the neighborhood.
1
Greg Dawson, who resides directly behind the farmhouse, stated he does not object
to the property being restored and used as a private residence. He stated he
prefers the house to be demolished and sold to the School District. He stated
that safeguards and conditions should be placed on the sale of the property. He
presented several conditions for the restoration of the house and property.
Jim Tanner, Landmark Preservation Committee, urged Council to support the sale
of the house and property with conditions to preserve the landmark. He stated
the house is an outstanding example of architecture from the late 1800's. He
stated the property and house is an example of community's agricultural heritage.
He stated the property is eligible for national, state and local designation.
Mike Rankin, 1707 Fairbrooke Court, stated he was concerned with the whole bid
process. He stated the neighborhood was not given enough notice to respond to
the project. He asked Council to postpone this item in order to allow the
neighborhood to review and recommend action on this project.
490
March 16, 1993
Councilmember Horak asked what Poudre R-1 offered. He asked how notice was '
communicated in order to receive bids on the property.
Edminster stated Poudre R-1 offered to purchase approximately two acres, which
would extend Bauder Elementary's playground. She stated the notice was sent in
writing to all area realtors and advertised on two Sunday's in the Coloradoan.
Mayor Kirkpatrick asked if there were ordinances in place to restrict the types
of animals on this property.
City Attorney Roy stated there are different ordinances in each section of the
Code. He believed this property was not in a zoning district that would allow
animals other than domestic ones. He stated the Code would be reviewed to
determine what types of animals are permitted.
Councilmember Maxey asked how the boundary, west of the school, was determined.
Edminster replied the boundary is an attempt to meet the two acre requirement and
design two soccer fields.
Councilmember Azari made a motion, seconded by Councilmember Kneeland, to
postpone consideration of this item until April 20. She stated the project needs
to be reviewed further and the neighborhood should be more involved in the
process. '
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari and Kneeland. Nays: Councilmembers Horak, Kirkpatrick, and Maxey.
THE MOTION FAILED.
Mayor Kirkpatrick believed it would have been beneficial during the bid process
if a sign was posted to let people know of the sale. She stated that it was not
unrealistic for the neighborhood to desire a higher level of park service.
Councilmember Maxey believed the school has the responsibility to provide access
off of Cedarwood. He asked for more information on the surrounding properties.
He stated that property signage should be placed on City properties that are for
sale.
Councilmember Maxey, with agreement from Councilmember Horak, withdrew his
previous motion on Ordinance No. 30, 1993.
NO ACTION TAKEN.
Councilmember Azari made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 31, 1993 on First Reading.
491
March 16, 1993
Councilmember Horak asked if Brittany Knolls residents were informed of this
project.
Edminster stated she spoke with the developer of Brittany Knolls; however, there
was no notification provided to the neighbors.
City Manager Burkett stated the site is master planned as a commercial site.
Councilmember Maxey asked if the adjacent property to the south is currently
under development.
Edminster stated the adjacent property to the south has not yet been developed.
She stated the development is scheduled for a Planning and Zoning Board hearing
in April.
Jeff Wright, Pastor of the proposed church, stated he was available for any
questions that Council may have.
Mayor Kirkpatrick asked Mr. Wright if he has contacted the neighborhood to
discuss the proposed church.
Wright stated that he has not been in touch with the neighborhood. He stated
that if Council were to suggest working with the neighborhood he would pursue it.
Councilmember Horak believed the neighborhood should be notified and would not
support the Ordinance until comments, suggestions, or concerns were brought back
from the Brittany Knolls neighborhood.
Councilmember Maxey asked if the City was obligated to only deal with the current
bidder.
City Attorney Roy stated the City has the right to reject any and all bids. He
stated the City does not have any obligation to any of the bidders.
Councilmember Azari, with agreement by Councilmember Kneeland, withdrew her
previous motion to adopt Ordinance No. 31, 1993 on First Reading.
NO ACTION TAKEN.
Councilmember Maxey made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 32, 1993 on First Reading.
Councilmember Maxey asked if the sidewalk improvements were factored into this
Ordinance.
Edminster stated those improvements were not figured into the price the City has
expended so far.
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March 16, 1993
Councilmember Maxey asked if there were any other liens against this property. '
Edminster replied she was unaware of any other liens against this property.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Resolution 93-46
Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands for
Choices 95 Project - Prospect Road Improvements from
Shields Street to Taft Hill Road, Adopted.
The following is staff's memorandum on this item.
°FINANCIAL IMPACT
Property appraisals indicate that acquisition costs will be covered by available
funds, even if condemnation is required. These funds have been appropriated as
part of the Choices 95 Project - Prospect Road Improvements from Shields Street
to Taft Hill Road. I
EXECUTIVE SUMMARY
The construction of the Prospect Road improvements is scheduled to start on May
3. We plan to have Prospect Road open to traffic by the time CSU students return
on August 20, and be fully complete by October 31. In order to complete the
construction on schedule we need to start the eminent domain process on 6 parcels
with the approval of this Resolution.
This project is requiring partial takes (acquisition of small amounts of
additional right-of-way) from the front of.29 parcels. Of the 29 parcels, 6
require acquisition by the use of eminent domain.
On 2 parcels the parties could not finalize an agreement because mortgage lenders
with encumbrances on the property have not agreed on the amount of compensation
necessary for the encumbrances to be released. This prevents us from obtaining
possession of the property for construction of the project. On 4 parcels, we
have not been able to reach agreement on compensation with the owners.
Therefore, staff recommends commencing the eminent domain process on these 6
parcels. The property owners or their attorneys are aware of and understand that
the City must take this course of action to insure that the project starts on
schedule. Staff will continue to negotiate with the interested parties.
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7
March 16, 1993
BACKGROUND:
The Master Street Plan requires and the present traffic conditions warrant that
Prospect.Road be improved to arterial street standards. This Choices 95 Project
meets many of the Transportation Mission Statements' goals and objectives by
improving the traffic capacity on Prospect Road, improving the level of service
at Prospect/Taft & Prospect/Shields intersections, and by providing bicycle,
pedestrian, and transit facilities.
Prospect Road will be closed to through traffic from May 3 to August 20 to allow
the construction of the street improvements, 112 mile of sanitary sewer line, a
box culvert, utility lines, and storm sewers. The improvements will include four
traffic lanes, left turn lane, bike lanes, attached sidewalks with splash strips,
improved street lighting, landscaping, and improved storm drainage. The
improvements will also include a right turn lane for east bound traffic at
Prospect/Shields Intersection, and widening the Prospect/Taft Intersection to add
left turn lanes in all four directions. Concrete pavement will be used on
Prospect Road from Lynnwood Drive west to Taft Hill Road.
PUBLIC INVOLVEMENT
Staff developed and has implemented a "participation plan" for identifying all
' of the potentially affected interests and for meeting their participation needs.
Over a dozen open houses and neighborhood meetings were held, and a newsletter
called "Road Work Ahead" is being used to keep the adjacent property owners
informed of the project's progress. This newsletter wiII also be used during the
construction phase.
PROPERTY NEGOTIATION STATUS
Negotiations are still on -going with the following landowners and/or their
mortgage companies (see attached map):
Lee B. Roberts/Karen K. Hogan - The parties have been unable to reach agreement
with the mortgage company with regard to the amount of compensation necessary to
obtain a partial release of the Deed of Trust encumbering the property. It is
not anticipated an agreement will be reached prior to the start of construction.
Greg A. Garfield - The parties have been unable to reach agreement with the
mortgage company with regard to the amount of compensation necessary to obtain
a partial release of the Deed of Trust encumbering the property. It is not
anticipated an agreement will be reached prior to the start of construction.
Keith A. Sharf - The initial offer to acquire the interest in this parcel was
sent on November 19, 1992, with the consideration based on the City's appraised
value. The property owner has requested his own appraisal, and we are also
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494
March 16, 1993
workingon a possession agreement which would give the City possession of the '
P
right-of-way needed for construction. The agreement also states that if agreement
on price is not reached, the City must condemn.
Douglas R. Donaldson - Negotiations started on October 27, 1992, with the
consideration based on the City's appraisal. The property owner requested his
own appraisal, and we are also working on a possession agreement which would give
the City possession of the right-of-way needed for construction. The agreement
also states that if an agreement on price is not reached, the City must condemn.
Edward J. Mullaney, Mark Allan Mullaney, Ruth Ann Mullaney, and Marianne Small -
aka Mullaney Property - Eminent domain proceedings were initiated on the Mullaney
parcel on July 7, 1992, for a number of easements and partial takes for three
City projects. During the final design process for Prospect Road it was
determined that an additional drainage easement was needed. Since we still have
not reached agreement we need to start the eminent domain proceedings on this
easement as well.
Cooper Real Estate & Development Corporation aka F.W. "Bill" Michael - Staff is
currently preparing an agreement for Mr. Michael's review which if accepted would
give the City possession of the needed easements for the construction of the
project. However, eminent domain is needed because the parties have not reached
agreement on compensation for the property interests needed.
The easements necessary for the Prospect Road Choices 95 project on the Michael '
property are located at the southeast corner of Taft Hill Road and Prospect Road.
This property has small lakes, a stream and various wetland areas. New easements
necessary for the Prospect Project include a permanent drainage easement,
temporary construction easements and a temporary drainage easement. The parties
have not reached an agreement on the acquisition of the three necessary
easements. Negotiations have been complicated by the long history of issues
related to stormwater discharges onto the property and the alleged trespass
associated with those discharges.
The City has offered $4,400 for the permanent easements and the temporary
construction easements associated with the Prospect Road project. Mr. Michael
has not accepted or countered this offer.
All or portions of the Michael parcel have been identified by the Natural
Resources Department as priority for acquisition. However, when approached for
possible natural resource acquisition Mr. Michael has requested that the past
storm drainage issues and the easements associated with the current Prospect Road
project be resolved first.
ELeiII
March 16, 1993
SUMMARY
Staff is recommending condemnation of the property owned by Roberts/Hogan and
Garfield because the mortgage companies have not agreed on the compensation
required to release their interests, and for condemnation of property owned by
Sharf, Donaldson, Mullaney, and Michael because negotiations have been
unsuccessful and no resolution is foreseen in the near future. The condemnation
process must be started at this time to insure that the project can be completed
on schedule. Staff will continue to negotiate with affected parcel owners to try
to reach negotiated settlements."
Councilmember Maxey withdrew from discussion and vote on this item because of a
potential conflict of interest.
Mark Sears, Civil Engineer, presented a brief description of this project. He
stated construction on Prospect Road is scheduled to start on May 3, 1993. He
stated there have been open houses conducted and newsletters to inform the
surrounding neighborhoods. He stated that 23 out of the 29 property owners have
reached an agreement on this project. He stated two other property owners have
agreed; however, the mortgage companies have not supplied adequate information
for closure on the deal. He stated staff will continue to work with the four
owners that have not agreed with this project. He urged Council to approve the
' Resolution so the project could be started on schedule.
Councilmember Azari made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-46.
Councilmember Horak stated he was concerned with the lack of notice provided on
this project. He believed Council should have received prior notice of
condemnations.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, and Kneeland. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Horak asked about people's rights in regard to political statements
and the passing out of literature in the Old Town Square area. He stated he
would like the DDA to address these concerns and to -make sure the pol icy is 'clear
in regard to such issues. He believed the Old Town Square is a public place and
people have the right to distribute information.
Councilmember Maxey stressed that tinted windows on vehicles is an issue of
concern with the public.
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March 16, 1993
Councilmember Maxey made a motion, seconded by Councilmember Horak, to develop '
an ordinance that addresses window tinting on vehicles as a local concern.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Mayor Kirkpatrick recommended that Council take a position in opposition to the
portions of Senate Bill 167 that deal with the exclusion of urban and commercial
areas from scenic byways within the State of Colorado.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to oppose
the port;un of Senate Bill 167 excluding commercial designation.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Mayor Kirkpatrick asked Council to reaffirm its continued support for the
designation of Highway 14 as a scenic byway.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to write ,
a letter in support of the designation of Highway 14 as a scenic byway.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
1�:1 ii�Gl i (iP.t�7:1;1;11X�>e
The meeting adjourned at 11:30 p.m.
mayor v
Pro Tem
ATTEST:
City Clerk
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