HomeMy WebLinkAboutMINUTES-09/21/1993-Regular' September 21, 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,
September 21, 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: Apt,
Azari, Horak, Kneeland, McCluskey, and Winokur.
Councilmembers Absent: Janett.
Staff Members Present: Dallow, Krajicek and Roy.
Citizen Participation
Barbara Allison, 1212 Lynnwood Drive, asked if a box could be placed on the front
of her house to read the two meters that are in the backyard. She stated that
two dogs guard and protect her property and pose danger to the readers. She
stated if a box could not be placed on the front of the house, then a letter
should be written to relinquish all liability on her part if the dogs were to
bite a City employee.
' Dixie Johnson, business owner on North College Avenue, stated the bike paths from
Redwood to Linden and from Hickory to Lee Martinez Park have been postponed. She
stated that the bike paths should not be postponed because bicycle and pedestrian
safety is very important.
Citizen Participation Follow-up
Councilmember Winokur asked about the completion timeframe for the trail loop.
Mike Powers, Director of Cultural, Library, and Recreational Services, stated the
bike trail is to be completed by June 1994.
Councilmember Horak asked about the status of the two bike paths (Redwood to
Linden and Hickory to Lee Martinez Park).
Greg Byrne, Director of Community Planning and Environmental Services, stated
both projects that were approved for North College are federally funded. He
stated the City is required to go through a state and federal review process
before the construction can actually begin. He stated the funds which are being
spent are from old federal dollars which have a November 30th approval deadline
on a state-wide basis. He stated the design and engineering work will be done
this fall and the review process will be through the winter. The construction
' on those projects will begin in early spring.
Councilmember Horak asked what steps have been taken to respond to Ms. Allison's
request.
September 21, 1993
Peter Dallow, Director of Administrative Services (Acting City Manager), stated '
Ms. Allison received a notice asking her to read the meter because the meter
reader could not get into the backyard due to the dogs. He stated it was not
uncommon for a meter reader not to read a meter due to some difficulty with
animals, etc. He stated it would cost the City between $500 to $950 to relocate
the meter and the Utilities Department believes there are other alternatives.
Agenda Review
Dallow stated that Item 29, First Reading of Ordinance No. 109, 1993,
Appropriating Funds and Authorizing the Purchase of Certain Downtown Properties
Owned by Trillium Corporation, has been revised. He stated that Resolution 93-
143 Authorizing the Mayor to Execute Amendment No. 1 to the Grant Agreement with
the United States Federal Aviation Administration for the Construction of the
Airport Rescue Fire Fighting Station at the Fort Collins -Loveland Airport has
been included under the Other Business portion of the meeting.
***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 #22, Pulled '
Consent Items.
7. Second Reading of Ordinance No. 100, 1993, Appropriating Prior Year
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The Recreation Fee Policy, adopted by City Council in 1990, provides for
the establishment of reserves with excess fund balance. A portion of the
excess fund balance maintains an operating reserve, and the remainder
supports equipment, program and capital needs, and special revenue from
fund-raising and donations.
This Ordinance, which was unanimously adopted on First Reading on
September 7, 1993, authorizes the request to fund improvements in two
areas: 1) equipment, repair, and capital needs at the Edora Pool Ice
Center as a result of needed remodeling and renovation; and 2) remodeling
at the Park Shop and the Grandview Cemetery Office to accommodate existing
recreation sports staff offices at the Park Shop.
City Council approved the sale of .34 acres of land to Diana Short,
Alexander McEwan and David Kent on August 3, 1993. This site was sold
because the Water Utility Department had abandoned the water transmission
line and standpipe in 1990. In order to give clear title, staff is
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September 21, 1993
' requesting that this Grant of Right of Way be vacated. This Ordinance was
unanimously adopted on First Reading on September 7, 1993.
Q
After the Water Utility Department abandoned this water line and
standpipe, all public and private utilities and other City departments
were notified and there was no interest or need expressed in the site.
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 property
was sold at the 1988 tax sale and a tax certificate of purchase was issued
to the City as there were no interested private investors. The property
was conveyed to the City through a treasurer's deed. Last May, the City
Council adopted Resolution 92-91 establishing policies for the sale of
such property.
The City offered this property for sale in April and the only bid received
was less than appraised value and was rejected. This offer of $300,000
for 18.6 acres (or $16,129/ac) is the appraised value of the land. This
Ordinance was adopted 6-1 on First Reading on September 7, 1993.
' The proposed buyer submitted a new and substantially changed contract in
response to the Ordinance adopted on first reading. Submittal was not
received soon enough for staff to evaluate and make a recommendation to
the Council for the September 21st meeting. Therefore, staff recommends
that second reading be postponed to October 5th to allow time for review
of the new contract.
10.
11.
Section 2-263 of the City Code describes the functions of the Human
Relations Commission (HRC). After reviewing Section 2-263, the HRC
decided it would like to make changes to the Code in order to more
accurately reflect the work of the HRC and acknowledge some significant
changes to the role of the Commission. The HRC met with the City Attorney
and together drafted the language presented in this Ordinance, which was
unanimously adopted on First Reading on September 7, 1993.
On August 17, 1993, Council adopted Ordinance 90, 1993, amending Ordinance
108, 1988, (Investment and Deposit of Public Funds for the City of Fort
' Collins). These ordinances define the kinds of securities in which City
funds may be invested. This Ordinance, which was unanimously adopted on
First Reading on September 7, 1993, will incorporate these additional
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September 21, 1993
12.
13.
14.
kinds of securities into the Cash Management and Investment Policy of the I
City.
The Cash and Investment Management Policy was originally adopted by
Council in April 1990. The policies state that they shall be reviewed
periodically and may be amended by City Council as conditions warrant.
The changes proposed in the Ordinance reflect changes in the investment
industry and are intended to improve clarity in some areas. The
investment policies of the City are relied upon by several users
(auditors, broker -dealers, banks), so addressing technical issues and
giving clarity are important.
The City is required by federal pretreatment regulations to develop
technically -based limits for pollutants discharged by industries into the
City's wastewater treatment system. These limits have been developed by
the Wastewater Utility using EPA guidelines. Some limits have become more
stringent, some less stringent, some have been eliminated and some new
limits have been added. These limits are designed to protect the City's
wastewater treatment system, worker health and safety, and the
environment.
Revenue in the Streets Ueoartment Portion of the transportation tuna. '
The Streets Department Work for Others (WFO) Program is a "dollar -in,
dollar -out" program. In other words, every dollar spent is matched with
a dollar of revenue. The work performed in the WFO Program is at the
request of other City Departments. For example, Engineering contracts for
cracksealing and patching for the street overlay project, Light and Power
pays to repatch its trenches, Storm Drainage contracts for mowing
detention ponds and cleaning catch basins, and Traffic pays for new sign
or pavement marking installation.
Each year during the budget process, Streets works with other City
departments to estimate the demand for services, and budgets the amount as
part of the WFO portion of the budget. The original estimate for the WFO
1993 budget was $800,000. Since that time, unanticipated street overlay
work for Engineering and Storm Drainage requires the appropriation of an
additional $750,000.
Staff recommends that $360,000 of the TUF proceeds be transferred from the
Transportation Fund Reserves and appropriated for the Street Overlay &
Sealcoat Project in the Capital Projects Fund. These TUF proceeds will
then be expended during the remainder of 1993 and into 1994 for the street ,
maintenance activities described in the preceding paragraph. The
remaining $89,000 will be appropriated in the Streets portion of the
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September 21, 1993
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15.
16.
17.
Transportation Fund as part of the 1994 budget process, and these funds
will also be expended for local street maintenance activities.
The property owners of the parcels abutting the right-of-way for Logan
Court have requested the vacation of that right-of-way as it was
originally platted with the Replat of the North Lemay Subdivision 2nd
Filing, located north of Lincoln Avenue and west of Lemay Avenue. The
owners each have plans for replatting and/or redevelopment that do not
require Logan Court for access.
The right-of-way for Logan Court is no longer necessary to retain since
the purpose of the street was strictly to provide access within the
previously proposed development. In addition, Logan Court was never
constructed and no utilities were ever installed in the old right-of-way,
with the exception of a sewer line which crosses perpendicular to the
right-of-way in the cul-de-sac. This portion of the right-of-way will be
retained as a utility easement. Staff supports the owners' request to
vacate the right-of-way for Logan Court.
The applicant, Henry S. Dyjak, on behalf of the property owner, Imu-Tek
Animal Health, Inc., has submitted a written petition requesting
annexation of 5.1181 acres located south of East Vine Drive and
approximately 1/2 mile west of Interstate 25. The property is currently
used for industrial purposes. There are several existing structures on the
property. The proposed zoning for this annexation is IL, Limited
Industrial. The surrounding properties are zoned IL, with a planned unit
development condition.
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice be
given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty days
of prior notice is required by State law.
On July 6, 1993, Council approved Resolution 93-106 which approved changes
to the Opera House Project ("the Project") Industrial Development Revenue
Bonds. The approved changes would allow the Project financing to be
restructured, lowering annual debt service costs, and this, in turn, would
increase the probability that the retail and office space within the
Project may be leased.
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September 21, 1993
1E
The approvals contained in Sections 1 and 2 of Resolution 93-106 are
expressly contingent upon the City Council's subsequent approval of an
intergovernmental agreement to be executed by the City, the Downtown
Development Authority, the Bondholders and all other parties having a
recorded interest in the Project. This agreement is to address the level
of tenant finish, parking facilities for the Project, levels of tax
revenues and others to protect the interests of the City. The original
deadline for completion of and Council approval of the agreement was set
for August 3, 1993, which deadline was extended by Resolutions 93-114 and
93-119, to August 17, 1993, and September 21, 1993, respectively. This
resolution allows additional time, until October 19, 1993, for approval of
the intergovernmental agreement.
While progress has been made on the intergovernmental agreement, staff
does not believe that portions of the agreement will be finalized in time
for the September 21 meeting. The additional time should be long enough
to finish up the negotiations and the intergovernmental agreement.
Resolution 93-137 Making Appointments to the Affordable Housing Board
At its August 3, 1993 meeting, Council adopted on second reading Ordinance
No. 84, 1993 creating the Affordable Housing Board. The Board's duties
are (1) to advise the City Council on matters pertaining to affordable
housing issues of concern to the City; (2) to aid and guide the
development of city-wide affordable housing programs to address currently
existing and potential affordable housing issues; (3) to promote citizen
participation and public education on city-wide affordable housing issues;
(4) to be aware of and coordinate with the various other City boards and
commissions whose actions may affect affordable housing in the community;
and (5) to perform other such duties and functions and have other powers
as provided by the Council. Members of the Board shall possess expertise
in affordable housing issues, including, without limitation, issues
pertaining to development, finance, lending, charitable and low-income
services, and general community issues.
Following creation of the Board, advertisements were placed.
Councilmembers Janett and Horak conducted interviews and are recommending
the following individuals be appointed to the Board to serve terms as
indicated below:
Name Expiration of Term
Mary Cosgrove July 1, 1995
Cliff Kight July 1, 1995
Joanne Greer July 1, 1995
Ann Sanders July 1, 1996
Thomas Sibbald July 1, 1996
Craig Welling July 1, 1996
Robert Browning July 1, 1997
Susan Forgue July 1, 1997
Christa Sarrazin July 1, 1997
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September 21, 1993
' 19.
20.
A vacancy currently exists on -the Community Development Block Grant
Commission due to the resignation of Carolyn Early.
Additional applications were solicited for this vacancy. Councilmembers
McCluskey and Winokur interviewed new applicants, and reviewed the
applications received during the annual appointment process. The
interview team is recommending that Richard Ramirez be appointed to
complete the term which expires July 1, 1996.
At its April 20, 1993 meeting, Council adopted Resolution 93-57 approving
and endorsing the appointment of Councilmember Bob Winokur to the Larimer
County Fair Board.
At the September 7, 1993 City Council meeting, Councilmember Bob Winokur
requested Council select another individual to replace him on the Board.
Councilmember Bob McCluskey expressed interest in serving on the Fair
Board.
This Resolution approves and endorses the appointment of Councilmember
McCluskey to the Larimer County Fair Board.
21. Routine Deeds and Easements.
a. Deed of Dedication for right-of-way from Poudre R-1 School District
for Hinsdale Drive over a portion of land south of and adjacent to
Harmony Road and in Section 2, Township 6 North, Range 69 West, Fort
Collins, Colorado. Monetary Consideration: $0.
b. Deed of Easements from Poudre R-1 School District for utilities and
drainage purposes located adjacent to Hinsdale Drive. Monetary
Consideration: $0.
C. Deed of Easements from 327006 Alberta, Ltd. for utilities and sight
distance purposes over portions of land in Huntington Hills
Subdivision 2nd Filing. Monetary Consideration: $0.
d. Deed of Dedication for right-of-way from Poudre R-1 School District
for Corbett Drive and Preston Parkway over a portion of land south
of Harmony Road and in Section 5, Township 6 North, Range 68 West,
Fort Collins, Colorado. Monetary consideration: $0.
e. Deed of Dedication from Poudre R-1 School District for utility
purposes over a 15' wide portion of land running adjacent to the
' west side of Corbett Drive in Section 5, Township 6 North, Range 68
West, Fort Collins, Colorado. Monetary Consideration: $0.
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September 21, 1993
f. Deed of Dedication from Poudre R-1 School District for utility '
purposes over a 15' wide portion of land running adjacent to the
south side of Preston Parkway in Section 5, Township 6 North, Range
68 West, Fort Collins, Colorado. Monetary Consideration: $0.
Deed of Dedication from Poudre R-1 School District for utility
purposes over a 30' wide portion of land south of Preston Parkway in
Section 5, Township 6 North, Range 68 West, Fort Collins, Colorado.
Monetary Consideration: $0.
h. Deed of Dedication from Poudre R-1 School District for drainage and
access purposes over a portion of land adjacent to and west of
Corbett Drive in Section 5, Township 6 North, Range 68 West, Fort
Collins, Colorado. Monetary Consideration: $0.
Deed of Dedication from Poudre R-1 School District for a sanitary
sewer over a 20' wide portion of land running north and south from
Corbett Drive to the southernmost property of the planned Southeast
Jr. High School. Monetary Consideration: $0.
The following deeds (j-u) pertain to the rededication of Rocky Road.
Deed of Dedication from Edith Miller of 3650 W. Wade Lane, Colorado
Springs, CO, rededicating a portion of right-of-way of Orchard Place
adjacent to the south side of Lot 1, Three M Subdivision. Monetary
Consideration: $1. '
Deed of Dedication from Dorothy M. Nazarenus of 707 Rocky Road, Fort
Collins, CO, rededicating a portion of right-of-way of Rocky Road
adjacent to the east side of Lot 4, Three M Subdivision. Monetary
Consideration: $1.
Deed of Dedication from Dorothy M. Nazarenus of 707 Rocky Road, Fort
Collins, CO, rededicating a portion of right-of-way of Rocky Road
adjacent to the east side of Lot 1, North Forty Subdivision.
Monetary Consideration: $1.
Deed of Dedication from Gary M. and Cynthia Eichin of 707 Coronado
Avenue, Fort Collins, CO, rededicating a portion of right-of-way of
Rocky Road adjacent to the east side of Lot 2, North Forty
Subdivision. Monetary Consideration: $1.
n. Deed of Dedication from Ray B. and Audrey Ann Hess of 2115 Westview
Road, Fort Collins, CO, rededicating a portion of right-of-way of
Rocky Road adjacent to the east side of Lot 3, North Forty
Subdivision. Monetary Consideration: $1.
o. Deed of Dedication from George and Tamela Sechrist of P.O. Box 2550,
El Cajon, CA, rededicating a portion of right-of-way of Rocky Road
adjacent to the east side of Lot 4, North Forty Subdivision.
Monetary Consideration: $1. '
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September 21, 1993
' p. Deed of Dedication from Ron Lewis and Linda Hoglund of 618 Rocky
Road, Fort Collins, CO, rededicating a portion of right-of-way of
Rocky Road adjacent to the west side of Lot 5, North Forty
Subdivision. Monetary Consideration: $30.
q. Deed of Dedication from Kenneth H. and Sherri K. Kidd of 3354 Dudley
Way, Fort Collins, CO, rededicating a portion of right-of-way of
Rocky Road adjacent to the west side of Lot 6, North Forty
Subdivision. Monetary Consideration: $1.
r. Deed of Dedication from Donald W. and Belinda Sue Reeves of 700
Rocky Road, Fort Collins, CO, rededicating a portion of right-of-way
adjacent to the west side of Lot 7, North Forty Subdivision.
Monetary Consideration: $1.
S. Deed of Dedication from Frances Dean and Nancy L. Teter, owners of
708 Rocky Road, Fort Collins, CO, rededicating a portion of right-
of-way of Rocky Road adjacent to the west side of Lot 8, North Forty
Subdivision. Monetary Consideration: $1.
t. Deed of Dedication from Harold L. and Belinda L. Johnson of 716
Rocky Road, Fort Collins, CO, rededicating a portion of right-of-way
of Rocky Road adjacent to the west side of 716 Rocky Road. Monetary
Consideration: $1.
' U. Deed of Dedication from David and Joanne Evans of 175 West Main
Street, Malone, New York, rededicating a portion of right-of-way of
Rocky Road adjacent to the west side of Lot 2 Hess Subdivision.
Monetary Consideration: $75.
In January of 1985, the City vacated a portion of Rocky Road right-of-way
through the Rogers Park site. Due to an incorrect legal description of
the area being vacated, the City also vacated portions of Rocky Road and
Orchard Place south of the park site. This area includes right-of-way
adjacent to 15 lots.
Deeds of rededication from three of the lot owners have been accepted by
City Council in 1987 and 1991. The remaining twelve deeds are now being
brought up for acceptance to rededicate the right-of-way and insure public
access for property owners in the area.
Procedures for preparing deeds for council approval have changed to
prevent this type of a mistake in the future. Currently, all legal
descriptions are checked before deeds are brought to council.
Powerline Easement from Sylvia Jane Davis, 1302 LaPorte Avenue,
needed to underground existing overhead electric services. Monetary
consideration: $10.
' Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second Reading of Ordinance No. 100, 1993, Aoorooriating Prior Year
Reserves in the Recreation Fund.
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September 21, 1993
8. Second Reading of Ordinance No. 101 1993, Vacating a Grant of Right -of- '
Way Recorded in Larimer County Records June 26. 1915, in Book 334, Page
291.
a
10.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
Corporation.
Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to
adopt and approve all items not removed from the Consent Calendar. The vote on
Councilmember Winokur's motion was as follows: Yeas: Councilmember Apt, Azari,
Horak, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
Jean Helburg, Recreation Manager, provided an update
on the new Senior Center
project. She stated
there were five bids received on the construction of the new
Senior Center. All
five bids exceeded the estimated
construction costs by a
minimum of $407,000
or eight (8) percent. She stated
that the project has been
delayed and there are three options of obtaining more
funding for the project.
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September 21, 1993
' Councilmember Reports
Councilmember Apt stated he received a letter from the Commission on Disability
announcing acceptance of nominations for community awards recognizing outstanding
contributions made by individuals, business enterprises, organizations, and
agencies exhibiting dedication to persons with disabilities.
Councilmember Kneeland offered a word of thanks to everyone who participated in
the Environmental Fair. She stated a special thanks should go to Edith Felchle
who did an outstanding job in organizing the fair.
Mayor Azari stated the diversity meeting with the four entities will be held on
September 29, 1993. She provided a brief summary about her trip to Boise, Idaho
relating to growth management issues and land use processes.
Public Hearing on the Proposed 1994 Budget
Mayor Azari stated that Council has held one worksession on the proposed budget
and there will be a second worksession on September 28th. She stated the purpose
of the public hearing is for Council to hear the concerns, needs and any
suggestions from the community on the City's proposed budget.
John Peacock, Committee Chairperson of the Front Range Railroad, urged Council
to move forward in improving the environment for the City of Fort Collins by
' supporting the Front Range Railroad. He stated the Front Range Railroad is a
passenger/cargo operation that addresses today's problems now. He stated the
City of Fort Collins is eligible to receive ISTEA funding for this project and
requested Council approve matching funds in order to complete the project. He
asked that the City of Fort Collins put together a feasibility study for this
project.
J
Geoff Wolfe, owner of City Park Railway
to consider funding for a new concession
storm. He stated that 12 percent of the
to the City. He requested that Council
possibility of providing some funding to
Park Railway.
and concession operator, asked Council
stand that was damaged by the July 3rd
gross revenue from the Railway is paid
discuss, with Parks and Recreation the
rebuild a concession stand at the City
Bruce Hendee, 2830 Mercy Drive, member of Challenge Fort Collins, urged Council
to put together a feasibility study on the Riverwalk project. He stated the
Riverwalk provides a community focal point and adds to the attraction of Downtown
Fort Collins. He stated the idea of the Riverwalk is not new, but encourages
Council to continue the vision of creating something great for the community.
He stated the Riverwalk project would service the elements of education, arts,
sciences and environment. He stated there should be a Council appointed
Riverwalk Task Force that would research various Riverwalks throughout the
country.
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September 21, 1993
Herb Schlict, 405 Camino Real, stated the Neighborhood Youth Basketball Program
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was started on July 5th with 50 young people and ended on August 28th with over
300 young people. He asked Council to consider providing some additional funding
for the program that could not reach some of the young people in our community.
Alex Barnett, Chairman of Fort Net, stated the organization is a public access
computer information network, whose purpose is to connect Fort Collins area
residents and businesses to community resources. He asked Council to make
funding for Fort Net a part of the 1994 budget.
Steven Strauss, 5849 Plateau Court, Environmental Clearing House, stated the
organization provides unbiased information to the public regarding environmental
issues in one strategic location. He requested $500 from the City's budget to
help in printing and production of a proposal for hiring a director.
Jack O'Neill, 1307 Brittany Court, stated he supported the hiring of new police
officers. He believed the hiring of more police officers would help deter the
rise of gangs in the community. He stated the ratio of police officers per 1,000
residents is below the national average compared to cities of comparable size.
He stated the need for more police officers is extremely high and urged Council
to act now for the safety of the residents in Fort Collins.
Gary Peterson, 1805 Crestmore Place, stated the D.A.R.E. program does not have
a measurable impact on the young people in Fort Collins. He presented Council
with a report on the statistics of how the D.A.R.E. program affects students.
He stated young people view police officers as an authoritarian figure and would
rebel rather than participate in the D.A.R.E. program. He stated there is more
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evidence that the D.A.R.E. program increases behavioral problems rather than
reducing them. He stated the program is overfunded and should not be a part of
the City's budget.
Ed Secor, 621 LaPorte Avenue, stated that Citizen Planners is in full support of
the Front Range Railroad concept. He stated this alternative mode of
transportation will maintain air quality and avoid the congested traffic flow
along the entire Front Range. He urged Council to support this project. He
stated that as a private citizen he believed developing a Riverwalk would detract
from the ambiance of the natural character of the river.
Al Bacilli, 520 Galaxy Court, stated he was opposed to the D.A. R.E. program. He
stated there is more need for police officers on the street patrolling than
teaching programs such as D.A.R.E. He believed the Care -A -Van program is what
needs extra funding. He stated the City should improve the service for the
elderly and not cut the budget in areas which are needed for the elderly citizens
in this community.
John Jolly, 2101 Essex Court, stated he supported the request for additional
police officers in the City of Fort Collins. He stated the Police Department is
understaffed by 35 officers in comparison to other cities of this size. He
believed the D.A.R.E. program is a necessity to the young people of this
community. He stated that having a police officer take a proactive approach
instead of a reactive approach provides a positive influence to the young people I
in this community.
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September 21, 1993
' Maria Jolly, 2101 Essex Court, asked Council to approve a budget that would
include more police officers to patrol this community. She stated the presence
of more officers is a proven deterrent against crime. She supported the D.A.R.E.
program and believed it is a positive influence on the young people in the
community. She believed a holding facility for children under the age of 18 is
needed in this community to provide an adequate resource for the Police
Department.
Chuck Washington, 1601 Brentford Lane, supported increasing the police force.
He stated Fort Collins is growing rapidly and there are not enough officers to
enforce the laws and provide safety for the citizens of this community. He
stated that just approving 7 officers still leaves the Police Department
understaffed, but that 7 officers is better than no additional officers.
Ruth Washington, 1601 Brentford Lane, asked Council to approve the hiring of
additional police officers. She believed that since the Police Department is so
understaffed, the officer's safety is at great risk.
Chris Olivas, 745 Alta Vista, supported the hiring of additional police officers.
He stated his neighborhood has had three drive -by shootings and believed the
community and its officers are at great risk in trying to fight crime. He
believed the D.A.R.E. program works in the best interests of the young people of
this community.
Bruce Lockhart, 2500 East Harmony Road, believed the Front Range Railroad would
have a negative impact on the Fort Collins/Loveland Airport. He believed there
was not a great need for a railroad because of the current commuter service from
the airport. He stated he was opposed to the D.A.R.E. program and that the
program needs to be reviewed further. He believed the crime and gang problem is
being driven by societal factors and adding more police officers would not solve
the problem.
Resolution 93-140
Concerning Regulation of the Rates for the
Basic Service Tier and Associated Equipment of the
Cable System of Columbine CableVision. (Options 1-3)
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Staff is requesting Council action with regard to one of the following options
concerning the regulation of Columbine Cable Vision's ("Columbine") rates for the
basic service tier and associated equipment of its cable system:
1. Accept
the Cable TV Board's recommendation
not to regulate Columbine's
rates
at this time, but reserve the option
to regulate Columbine in the
future
in the event Columbine exceeds the
competitive benchmark rates
'
established
Option
by the FCC. (To choose this
I of Resolution 93-140.)
option, Council should adopt
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September 21, 1993
2. Apply for rate regulation authority at this
position to regulate Columbine's rates as of
time so as to be in the
November 15 (when the FCC
'
rate freeze
expires) and prevent an increase
by Columbine in its rates.
(To choose
this option, Council should adopt
Option 2 of Resolution 937
140.)
3. Apply for rate regulation authority after Columbine has first had an
opportunity after the rate freeze expires on November 15 to raise its
basic service tier rate approximately $2.00 to $2.50, which will bring
such rate closer to, but still below, the FCC benchmark rate. (To choose
this option, Council should adopt Option 3 of Resolution 93-140.)
If the second or third option is chosen, an ordinance setting forth the City's
procedures for,rate regulation will be drafted and presented to Council at the
October 5, 1993 meeting for the second option or at the December 7, 1993 meeting
for the third option. This ordinance is required by FCC rules as a prerequisite
to regulating rates.
BACKGROUND:
The Cable Act of 1992 was enacted primarily in response to a lack of competition
for cable tv service in a vast majority of American cities. Congress concluded
that in the absence of competition, rates in many of these cities skyrocketed,
while customer service declined.
It is important to note that recent survey data indicates that Columbine is not ,
representative of the type of cable operator that the Cable Act of 1992 was
intended to address. The data shows that Columbine's rates have historically
been substantially lower than comparable cities, and its levels of customer
service and customer satisfaction have been high.
The Cable Act of 1992 gives cities in which there is no effective competition for
cable tv service the option to regulate a cable operator's rates for the basic
service tier and associated equipment of its cable system. Fort Collins is among
the majority of cities in which there is no effective cable tv competition. The
FCC has established benchmark rates for cities not subject to effective
competition by considering the rates of cable systems that are subject to
effective competition. Under FCC rules, cable operators who are regulated by
their local franchising authority cannot exceed their benchmark rates without
establishing the right to charge higher rates through an administrative process
called a "cost -of -service showing." The FCC has not yet issued its rules for
cost -of -service showings, but the process could be as technically complex as the
kind of rate regulation that occurs before the Colorado Public Utilities
Commission for regulated utilities.
The FCC has frozen the rates of all cable operators until November 15, 1993 to
give cities that choose to regulate cable rates an opportunity to apply to the
FCC for approval to do so.
Choosing Certification Now
If the City chooses to become certified to regulate Columbine's rates at this I
time, then:
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September 21, 1993
' ■ The City can prevent Columbine from raising its basic service tier rate on
November 15, which Columbine has said it wishes to do.
■ Absent a successful cost -of -service showing, Columbine will only be able
to raise its regulated rates in the future in accordance with annual
adjustments of the Consumer Price Index.
Choosing Not to Certify for Now
If the City chooses not to apply for certification to regulate Columbine's rates
at this time, then:
■ The City cannot prevent Columbine from raising its rates on November 15.
■ The City can apply for certification at any time in the future; there is
no deadline by which such application must be made.
■ If certification is obtained at a later time, the City can order Columbine
to rollback the rate increase to the FCC benchmark and to refund to
subscribers that portion of previously paid rates above the FCC benchmark
for a period of up to one year, unless Columbine can make a cost -of -
service showing justifying the rate increase.
Rate Information
Columbine's current rate for its basic service tier is $16.50 per month. This
rate is approximately $4.00 below the FCC's benchmark rate, according to
Columbine's estimates. Data from comparable front range cities confirms that
Columbine's basic rate is substantially lower - up to 25Y lower - than this rate
in those cities.
When the refranchising process began with Columbine approximately two years ago,
Columbine said that it would not raise its basic service tier rate until a new
franchise agreement was entered into with the City. This may explain, at least
in part, why this rate is currently as low as it is.
Columbine's Position on Rate Regulation.
Columbine's position is that rate regulation unfairly penalizes a minority of
operators such as Columbine which have kept their prices relatively low and
service levels high. For this reason, Columbine has requested that, if the
Council decides to regulate rates now, that Council choose Option 3 which
provides that the City will withhold applying for its regulation authority until
Columbine has first had the opportunity to raise its basic service tier rate $2-
$2.50 per month, which Columbine contends will bring this rate more in accord
with the FCC benchmark rate. Further, Columbine has advised the City that if it
chooses to regulate rates now, and thereby not allow Columbine the opportunity
to raise its basic service tier rate by $2-$2.50 per month without a cost -of -
service showing, Columbine will want to reevaluate its financial ability to meet
the obligations of the agreement it is now in the process of negotiating with the
City for the renewal of its franchise. Columbine's negotiations up to this point
have been premised upon being able, in the near term, to raise its basic service
tier rate at least $2-$2.50 per month. In addition, Columbine says it will
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September 21, 1993
probably ask Council to grant an extension of Columbine's existing franchise that
expires this November 6. Columbine says it will need the extension not only to
reevaluate its financial ability to meet the obligations of the agreement it is
negotiating with the City in the renewal process, but it will also need time to
review the cost -of -service showing rules and regulations that the FCC is now
drafting so that it can evaluate its chances of making a successful cost -of -
service showing. These rules and regulations are not expected to be issued by
the FCC until around the end of the year.
It should be noted that despite the fact that
at rates above competitive benchmarks, the FCC
pertaining to rate regulation, has not gig
operators such as Columbine whose rates are be
rationale is that these lower rates have be4
uncompetitive environments. Therefore, these
cable operators have lower costs and so they
their rates up to the FCC benchmark without a
the Cable Act of 1992 was targeted
in its recently promulgated rules
en any special consideration to
low the FCC benchmarks. The FCC's
rn established in unregulated and
rates probably reflect that these
should not be allowed to increase
cost -of -service showing.
OPTION #1: DO NOT REGULATE COLUMBINE'S RATES AT THIS TIME, BUT RESERVE
THE OPTION TO REGULATE RATES IN THE FUTURE IN THE EVENT
COLUMBINE EXCEEDS THE FCC BENCHMARK RATES.
Pros:
A) Allows the City to avoid regulating a private business.
B) Recognizes that Columbine has been responsible in the past with regard to
its rates.
C) Saves the City the time and expense involved in regulating Columbine's
rates, although neither is expected to be significant at this point,
except, perhaps, with respect to a cost -of -service showing.
D) By reserving the option to regulate rates in the future, the City
effectively advises Columbine that the City will only permit a rate
increase to the FCC benchmark.
E)
Will
not
adversely
affect current
franchise
renewal negotiations.
F)
This
is
the option
recommended by
the Cable
TV Advisory Board.
Cons:
A) Allows Columbine to raise its rates when the FCC rate freeze expires on
November 15. (Columbine.has said it will raise the rate for its basic
service tier at that time $2-$2.50 per month. Columbine could, however,
raise its rate as much as $4.00 per month if that keeps its rate at or
below the FCC benchmark rate, and the City could not order a rollback or
refund of this rate increase if the City later becomes certified by the
FCC to regulate rates.)
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September 21, 1993
' OPTION #2: APPLY FOR RATE REGULATION AUTHORITY AT THIS TIME IN ORDER TO
REGULATE COLUMBINE'S RATES AS OF NOVEMBER 15 (THE DATE THE FCC
RATE FREEZE EXPIRES) AND PREVENT AN INCREASE BY COLUMBINE IN
ITS RATES.
Pros:
A) Prevents Columbine from raising its current rates without a cost -of -
service showing. If Columbine chooses to conduct a cost -of -service
showing, and does not demonstrate that the Company is entitled to an
increase in its basic service tier rate, then the current rate of $16.50
per month cannot be raised except by annual increases in the Consumer
Price Index.
Cons:
A) Assuming that Columbine's current basic service tier rate is lower than
industry standards, regulation may not permit Columbine to adjust its rate
to what might be considered a more reasonable level.
8) Will involve some City -staff time and expense to the City to regulate
Columbine, particularly if Columbine pursues a cost ^of -service showing.
C) May adversely affect current franchise renewal negotiations and result in
Columbine requesting an extension of its existing franchise.
' OPTION #3: APPLY FOR RATE REGULATION AUTHORITY AT THIS TIME, BUT WITHHOLD
APPLYING FOR THAT AUTHORITY UNTIL COLUMBINE HAS FIRST HAD THE
OPPORTUNITY, WHEN THE FCC RATE FREEZE EXPIRES ON NOVEMBER 25,
TO RAISE ITS BASIC SERVICE TIER RATE APPROXIMATELY $2-$2.50
PER MONTH.
Pros:
A) Places the City in the position to regulate Columbine's rates after
Columbine's basic service tier rate is first brought closer in line with
the FCC benchmark.
B) Will not adversely affect current franchise renewal negotiations.
Cons:
A) Gives Columbine tacit approval to raise its basic service tier rate.
8) Will involve some City -staff time and expense to the City to regulate
Columbine, particularly if Columbine pursues a cost -of -service showing.
C) Although Columbine says it will
raise its
basic service tier rate by up to
only $2.50 per month, it could
raise the
rate as much as $4.00 per month
if the resulting rate is still
below the
FCC benchmark rate, and the City
could not order a rollback or
refund of
this rate increase if the City
'
later becomes certified by the
FCC to regulate rates."
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September 21, 1993
Michael Gitter, Cable Program Director, provided background information on the
regulations of Cable T.V. rates. He stated Columbine CableVision's rates have
been historically lower than comparable communities and the level of customer
service and satisfaction has been consistently high. He stated if the City does
not apply for certification to regulate the rates, then the City would not be in
a position to prevent Columbine from raising its rate on November 15th. He
stated Columbine's position is that rate regulation unfairly penalizes a minority
of operators which have kept prices relatively low and service levels relatively
high. He briefly stated the three options and the pros and cons that are
available to the City. He stated that Columbine would like to raise its rates
from $2.00 to $2.50 before the City started regulating its rates.
Larry Roland, Chairperson of the Cable T.V. Board, stated the Board voted against
the idea of regulation. He stated that Columbine has been responsible in
maintaining low rates and providing adequate service. The Board believed the
regulation is unnecessary because Columbine is doing a reasonable job.
Dan Simons, former general manager for Columbine CableVision, stated the company
has not had a rate increase for about 2 1/2 years, but the rising costs have
become outstanding. He stated the increase would cover the outstanding costs and
allow the company to survive. He stated the FCC attorneys and several
accountants have reviewed the plan for the rate increase.
Bob Carnahan, General Manager for Columbine CableVision, believed the new rate
regulation rules unfairly penalize operators such as Columbine. He stated 84
percent of the citizens in this community subscribe to Columbine and are very
satisfied with the service that is provided to them. He stated the basic rate
charged to the customer would increase from $16.50 to $18.50. He stated the
average increase for all subscribers would be $2.14. He stated there has been
good working relationship between Columbine, the City, and the community for 15
years and believed if the City were to become regulators the relationship might
suffer.
Councilmember Winokur asked if the con listed in Option 3, regarding the basic
tier rate, also apply in Option 1. He asked if the City has ever told Columbine
how to regulate its rates. He asked if the City does any auditing of Columbine
CableVision's records.
Gitter stated that it could also apply. He stated the City has never
participated in setting or reviewing Columbine's rates. He stated the City does
participate in the auditing of Columbine's records. The City just completed an
audit as part of the refranchising process and audits them every five years.
Councilmember McCluskey asked how the cost of service showing, under the
regulation segment, works into increasing rates.
Simons replied that Capital Improvements would possibly contribute to the rate
increases.
Carnahan stated the cost of service regulations and rules have not been released
from the FCC until after the first of the year. He stated most of the rates are
estimated.
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September 21, 1993
' Councilmember Horak asked what impacts would this have on the basic homeowner if
the recommended scenario were approved. He asked what changes would take place
on November 15th to the homeowner.
Gitter responded the basic impact to the homeowner would be an increase in cable
rates from $16.50 to $18.50 as of November 15.
Simons stated the cable subscription cost would be $2.00 more, but the increase
would not include any additional service or equipment.
Councilmember Apt asked if the converter boxes are only needed if the homeowner
does not have a cable ready television or would like to receive pay -preview
channels. He asked if there will be an additional charge for the converter box
if the homeowner already has a cable ready television.
Simons stated that was correct. He stated converter boxes could cost the
consumer up to $2.50; however, Columbine believes there would not be a
justifiable cause to charge that much to the customer. He stated the converter
cost from Columbine would only be $1.56.
Mayor Azari asked what would it take for the City to have the authority to
regulate the rates in the future if Columbine were to raise its rates
substantially.
John Duval, Assistant City Attorney, stated it takes 30 to 45 days to receive the
' FCC certification to regulate rates. He stated the City could prevent the rate
increase within 90 days.
Councilmember Kneeland asked if Columbine were to raise its rates to some
extraordinary amount could the City require Columbine to roll back the rates and
distribute a refund to the citizens.
Duval stated if Columbine were to go above the FCC benchmark, the City would have
the right to roll back the rates and mandate a refund up to one year. He stated
if the company could establish the increased rate through a cost of service
showing, then the rate could remain at the higher rate.
Councilmember Apt asked what the citizens feedback was on rate regulation.
Gitter stated that the City heard from 16 citizens in favor of rate regulation
and 5 citizens opposed to any rate regulations.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt Resolution 93-140 Option 1.
Bruce Lockhart, 2500 East Harmony Road, stated he supported Option 1. He
believed the beneficiaries of rate regulation are the lawyers.
Councilmember Kneeland stated Option 1 covers the quality of service and any
' long-term impact that may occur to the consumer. She stated Option 1 reserves
the option to regulate if costs were raised significantly.
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September 21, 1993
Councilmember Winokur stated technology is changing daily and if there was a
change for the worse, Option 1 would provide the City the ability to regulate
rates.
Councilmember Horak stated he would support the motion. He stated the consumer
is paying for various companies to make money and not for the quality of service
that is being provided.
Councilmember McCluskey stated he would support the motion. He stated the money
should be put into the service and the system, rather than administrative
proceedings.
Councilmember Apt believed Columbine has assured the citizens and the City that
the rates will not be increased more than $2.00. He stated Option 1 provides the
City a chance to regulate the rates if Columbine was bought out or some unusual
circumstance occurred.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-141
Adopting a Public Access Policy, Adopted as Amended.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The financial impact cannot be quantified at this time. As projects are
considered, those with financial needs that can't be met within the operating
budget will be included in the annual budget process.
EXECUTIVE SUMMARY
The Council Public Access Committee requested that this Policy be adopted by the
full Council. This Policy directly supports Council's goal to increase public
access to information and services. By adopting this Policy, Council formally
states its position on public access and provides direction on the further
development of electronic information and services. It recognizes the
community's desire to share information and information infrastructure more
effectively. The Policy is attached as Exhibit "A". It is intended to focus the
City's resources on creating, evolving, and maintaining useable and sustainable
electronic assets.
This Policy formally adopts the operating strategy that the City has been
pursuing for several years. The strategy is based on balancing technical
innovation and leadership with fiscal responsibility. This balance is maintained
by the individual consideration of each proposal, its costs, and its benefits to
the City and the community.
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September 21, 1993
' BACKGROUND:
After the Council goal to improve citizen access to information and services was
adopted in 1991, several additional policy decisions and discussions have
provided direction on public access:
1991: Council Public Access Committee formed.
1992: $30,000 one-time funding for kiosk project approved.
1993: Resolution regarding joint use of technology with PR-1 adopted.
1993: Cable Franchise renewal negotiations are in progress. Some aspects
of the negotiations focus on increasing capabilities for access in
the future.
1993: Workplan included direction to implement policy on public
information access.
The draft of the Council Policy Agenda outline for the workplan follows.
Examples of ways the City hasadjusted service provision and collaborated with
the community to increase access to City services and information:
1. Channel 27 cablecasts City Council meetings and programs related to City
' services and issues. Additional programming on new topics such as
diversity, will begin in 1993.
2. CityLine provides recorded City information to callers 24 hours a day, 7
days a week.
3. The Public Library's computer system supports dial -in access to library
catalog and services. Several grants have funded access to library
databases throughout Colorado and to the Internet.
4. Staff is beginning a pilot with the PR-1 Barton School to setup the school
as a satellite branch library on the Public Library's Dynix computer
system.
5. Staff is working with FortNet, a citizens initiative, to develop a
community network.
6. The City and Larimer County share a digital land base which is used for
mapping operations. This sharing will continue as Community Planning and
Environmental Services continues its Geographic Information System pilot
project."
Marsiea Dahlgren, ICS Director, stated citizen access to electronic information
services is a developing area in Fort Collins and the nation. She provided some
background information on what is available to the public. She stated that
financial funding is limited, but available. She stated the technical aspect
helps offset the need for hiring more employees. She stated the City needs to
continue to improve its services to meet the citizens' changing needs. She
275
September 21, 1993
stated the policy basically states that the City will seize opportunities to I
increase public access to City and community services.
Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-141.
Bruce Lockhart, 2500 East Harmony Road, stated it would be beneficial to the
public if the Agenda Item Summary were placed on an electronic bulletin board.
Councilmember Horak asked if the statement "work with stable, proven technology,
products, and companies whenever possible," is necessary. He believed there was
no relation between that statement and the public access policy.
Dahlgren stated the statement deals with the fiscal responsibility and
accountability. She stated the emphasis on working with stable products and
companies is a necessary factor in the policy. She stated the policy is written
so it may address individual projects.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Council members Apt, Azari, Horak, Kneeland, McCluskey, and Winokur. Nays: None.
Councilmember Horak asked if the policy could be modified to clarify the
statement "work with stable, proven technology, products, and companies whenever
possible."
Dahlgren stated the statement would be modified before the policy is finalized '
and published.
THE MOTION CARRIED.
Resolution 93-142
Authorizing the Purchase of 63 Acres of
Land for Public Natural Areas, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Acquisition cost would total $533,699: this includes the purchase price of
$504,730, plus the payment of a separate obligation of the seller, in the amount
of $28,969, to the City's Street Oversizing Fund. Sufficient funds have been
appropriated in the Capital Projects Fund from the proceeds of the 114 cent
Natural Areas Sales Tax. Future maintenance of the property is estimated at
$2,268 annually, based on an estimate of $36 per acre. Ongoing maintenance will
be funded from the proceeds of the 114 cent Natural Areas Tax.
EXECUTIVE SUMMARY
Resolution 93-142 authorizes the purchase of 63 acres of land in southwest Fort
Collins for use by the City as a public natural area. The acquisition furthers I
the adopted goals and objectives of the Natural Areas Policy Plan and the Parks
and Recreation Master Plan.
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September 21, 1993
BACKGROUND:
Location. Staff has negotiated a purchase and sale agreement with Kimbel J.
Stuart to purchase 63 acres of undeveloped land in the Foothills of southwest
Fort Collins ("Stuart" property on attached map). The land includes a portion of
the alignment of the future extension of Overland Trail Road and land to the west
on the first "hogback" west of the City.
This parcel is one of several that staff is working to acquire to "block up" the
eastern face of, the hogback adjacent to the existing Pine Ridge Open Space. The
City recently acquired 13 acres of land known as the Quail Hollow 7th filing on
the northern end of this hogback. An additional 70 acres of land between these
two parcels is under contract and will be brought forward for Council
consideration on October 5 ("Whitham" property on attached map).
Purchase Agreement. The agreement between Kimbel J. Stuart and the City of Fort
Collins is for a cash sale, contingent on City Council approval. If approved by
City Council, closing would occur by October 15, 1993.
The purchase price for the property is $504,730, or $8,000 per acre. This price
is consistent with the appraised value on the Whitham property, which is similar
to and located adjacent to this parcel to the north. The parcel is developable
within the Foothills Zone and has received preliminary development approval for
63 single-family homes from the Planning and Zoning Board as the Overland Hills
West P.U.D.
' In addition to the purchase price noted above, the acquisition of the property
involves an additional payment of $28,969 to the City's Street Oversizing Fund.
This would satisfy the seller's obligation to pay this amount for certain street
oversizing costs which were assessed against an adjacent parcel owned by the
seller (the Overland Hills Second Filing). Although these street oversizing
costs were assessed against the Second Filing, the improvements to Horsetooth
Road which will be partially funded by this payment will also benefit the
property being purchased by the City. As part of the consideration for the
property that the City is acquiring, the seller is requiring that this street
oversizing obligation be satisfied.
Policy Basis. One of the five objectives of the Natural Areas Policy Plan is to
"establish a system of publicly -owned natural areas to protect the integrity of
critical conservation sites, protect corridors between natural areas, preserve
outstanding examples of Fort Collins' diverse natural heritage, and provide a
broad range of opportunities for educational, interpretive, and recreational
programs to meet community needs." In addition, the Parks and Recreation Master
Plan anticipates a future trail connection in this general location.
Natural Resource Value. The area is one of the most significant natural areas
in Fort Collins and provides a high quality example of the foothills grassland
ecological community. The steep grassy hillside forms the eastern flank of the
first hogback where the foothills begins. The site is part of an important
movement corridor and winter concentration area for mule deer and is also used
by coyotes, foxes, and other mammals. It provides habitat for a rare plant, the
Be11's twinpod, and several rare butterflies and is used by bald eagles and other
277
September 21, 1993
birds of prey. In addition to its habitat value, the site forms part of the I
scenic backdrop to the southern portion of the City.
Human Value. The area offers potential educational and passive recreational
benefits to the community. The Parks and Recreation Master Plan includes a
future trail extension through the eastern portion of the site. In addition, the
Natural Areas Policy Plan anticipates future nature trails, interpretive signs,
and other education opportunities.
Resource Management Planning. The area would be managed as an addition to the
existing Pine Ridge Open Space. As directed by natural area policies, a Resource
Management Plan will be prepared to guide future use and management of the area.
The plan will address resource protection needs, habitat improvement needs and
opportunities, public access needs and facilities, opportunities for
environmental education and interpretation, and other issues. The plan for the
Pine Ridge area will be developed by an interdepartmental staff team, in
collaboration with the Natural Resources Advisory Board, the Parks and Recreation
Board, and the community.
Future Extension of Overland Trail. The eastern edge of the site includes a
portion of the alignment for the future extension of Overland Trail Road. The
proposed alignment is on the flat portion of the site and would minimally impact
the significant natural features of the site. Acquisition of the site as natural
area, in lieu of development, would negatively impact future funding for
construction of Overland Trail because the City would not collect fees that would
be assessed with development. '
Environmental Audit. An environmental audit was conducted by Stewart
Environmental Consultants. No environmental contamination concerns were
identified.
Board and Commission Review. The Natural Resources Advisory Board and Parks and
Recreation Board endorsed the area as a high priority acquisition site. Both
boards recommended acquisition of the property in a joint meeting held on
September 15, 1993."
Tom Shoemaker, Director of Natural Resources, stated staff negotiated a purchase
and sale agreement for 63 acres of land in southwest Fort Collins. He stated the
land is located at the base of the foothills where several varieties of wildlife
and vegetation exist. He stated the area would be managed as part of the Pine
Ridge Open Space. He stated the extension of Overland Trail would proceed
through a small portion of the site, but would have no major impact on the
natural habitat.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-142.
Councilmember Horak asked if there were any priorities associated with the
Natural Areas Policy Plan.
Shoemaker stated the Action Plan, located in the back of the Natural Areas Policy '
Plan, provides a summary of the priority areas. He stated there were a number
September 21, 1993
' of tours conducted of priority sites with members of the public, both boards and
commissions, and the Chamber of Commerce.
Councilmember McCluskey asked if the City has a policy on how the street
oversizing fund would affect those natural areas and what covers the development
costs.
Shoemaker replied if the areas adjacent to the site do not develop, then the
street oversizing fee would not be paid. He stated the previous Council's
direction was that the natural areas money is not to be used for street
improvements. He stated the street issue needs to be reviewed in the overall
context of transportation planning in the City.
Jim Davidson, 2278 Clydesdale Drive, supported the City purchasing the open space
and believed it adds significantly to the quality of life in the City of fort
Collins. He stated open spaces provide a large variety of natural benefits which
promote wildlife habitat, vegetative habitat, and much more.
Tim Aronson, 3020 Blueleaf Court, stated he supported the Resolution and
applauded the City for moving quickly to preserve this site.
Ralph Herrera, Chamber of Commerce Environmental Committee, stated the Committee
supports this project, but believed there needs to be some sort of resolution
made in regard to the Overland Trail Extension. The Committee believed there was
no assurance that the Overland Trail Extension will be completed if there is no
' money to support it.
Mike Hauser, Chamber of Commerce Executive Director, asked if there would be a
numerical priority system developed to decide what the top priorities are.
Councilmember Kneeland stated the purchase of this land is great for the City;
however, people should not think of the foothills as part of the southwest or the
river as part of the northeast, but that all natural areas are a part of the
whole City. She stated the history of the natural areas should be researched and
connected with each area.
Councilmember Apt commended the staff on the work that was put forth in this
project. He stated that integrating natural areas around the City provides a
high quality of life for the citizens of this community.
Councilmember Horak believed that natural areas are an important part of this
community; however, the financial impact should be reviewed more closely. He
stated the City should not have to pay development costs, but that it should be
the person who is going to develop the land who pays. He stated natural areas
do not create a lot of impact to the land, but development creates a substantial
amount of change. He stated a priority list could be created, but that it should
be flexible enough„to meet the needs of the community.
Councilmember Winokur stated that natural areas money should not be used for
' street oversizing. He stated natural areas provide several amenities other than
recreational use.
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September 21, 1993
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers I
Apt, Azari, Horak, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 109, 1993
Appropriating Funds and Authorizing the
Purchase of Certain Downtown Properties
Owned by Trillium Corporation, Adopted 4-2.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This action authorizes the expenditure of $475,000 to acquire two parcels from
Trillium Corporation. Parcel I is the parking lot at the corner of Mason and
LaPorte Avenue and is commonly referred to as the LaPorte America Lot. Parcel
2 is a strip of land along the alley behind the City's 281 North College
Facility. Please see attached map. The purchase of this property will be
accomplished through reserves previously appropriated in the Parking portion of
the Transportation Fund ($318,000), an appropriation of $71,000 from savings in
the Essential Capital Projects Account, and the remaining $86,000 from the
General Fund Operating Contingency. The City will seek to offset the cost of
acquisition with the future owner of the Opera Galleria Project who has expressed
an interest in buying or leasing the parking from the City. '
EXECUTIVE SUMMARY
This ordinance authorizes the purchase of the LaPorte America lot and a strip of
land along the alley behind 281 North College from Trillium Corporation. The
negotiations related to these properties have taken place over the last three
years, beginning with Burlington Northern Resources, then Glacier Park and
finally with Trillium Corporation. The sources of funding for this project have
changed since the negotiations in 1991. The major source of funding remains the
Parking Division reserves held in the Transportation Fund. This source will be
supplemented with the remaining savings in the Essential Capital Projects account
and monies in the 1993 Operating Contingency.
BACKGROUND:
In 1991, Glacier Park Company, a Denver -based property ownership subsidiary of
Burlington Resources Inc. sold some of its properties to Trillium Corporation,
a Bellingham, Washington developer of residential, retail, resort and industrial
properties. At that time, Glacier Park offered to sell some of the parcels to
the City. The City Council authorized the purchase of the Laporte -America lot
and the land near Lee Martinez Park for the amount of $499,000 and appropriated
the funds needed for this acquisition.
Due to difficulties in obtaining clear title to Parcel 8, and concerns about
potential hazardous material contamination on Parcel 8, the transaction was not ,
consummated. The City Council then authorized the acquisition of Parcel 1 and
the land along the alley behind 281 North College by eminent domain in Resolution
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September 21, 1993
' 92-150. Taking property by eminent domain power is a means of last resort for
the City. Therefore, the City continued to negotiate for the purchase of these
parcels. These negotiations were recently successful, with the parties agreeing
on a price of $475,000."
Alan Krcmarik, Director of Finance, provided some history and background on the
project. He stated the property in the downtown area is increasing in value
rapidly. He stated that once the purchase is finalized the City will be
receiving money back because of a prepaid lease.
Councilmember McCluskey stated he supports the Ordinance. He asked if there has
been any analysis done on whether a lease versus a purchase is more advantageous.
Krcmarik stated the owner of the Opera Galleria would prefer to own the entire
lot; however, that conflicts with the City uses. He stated a downtown parking
analysis will be completed before the agreement is finalized. He stated the
owners of the Opera House insist on a multi -year commitment.
Councilmember Apt asked if the site would be run privately as a parking lot if
the City did not purchase the site.
Krcmarik stated that was a possibility. He stated the Opera House owners asked
the City to lease back space from them on a five to seven year basis; however,
it would be difficult for the City to lease that space back due to the low
parking fund.
Councilmember Horak asked if the City purchased the site and leased or sold it
back would the City receive equal value or more.
Krcmarik replied the City would sell a portion of the lot back to the Opera House
at roughly the same cost that the City purchased the lot.
Councilmember Horak asked about the urgency on this project versus waiting for
a completed agreement on the Opera House project.
Krcmarik stated the Opera House project may come before Council on October 19th
which may coincide with the purchase of the parking lot.
Councilmember Winokur asked what would happen with the parking lot if the City
did not purchase it.
Krcmarik responded the short-term outcome would be that it would remain a parking
lot for the rest of the year.
Mayor Azari asked if the City has started condemnation procedures on the lot.
Krcmarik stated the eminent domain process has been started and that is the
purpose for which the City acquired the appraisal.
' Councilmember McCluskey asked how many tax dollars would be generated if the lot
was owned privately.
Krcmarik stated it is approximately $1,000 to $1,300 a year.
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September 21, 1993
Councilmember Apt stated that the Opera House project may not be the best use for
this amount of money.
'
Councilmember McCluskey made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 109, 1993 on First Reading.
Chip Steiner, Downtown Development Authority Director, stated the Laporte Lot
constitutes ten percent of the entire offstreet parking inventory in the central
business district. He stated if the City lost that property it would have a
significant impact on the businesses in the entire downtown area. He encouraged
Council to proceed with the acquisition of the lot.
Bruce Lockhart, 2500 East Harmony Road, stated he was extremely opposed to the
acquisition of the lot. He asked about the benefits to the City if it were
purchased. He believed the site would remain a parking lot even if the City did
not purchase it. He believed the DDA should partake in the funding of the site.
Councilmember Horak asked if the Transportation Board reviewed this project.
Krcmarik stated the Transportation Board reviewed this project back in 1991 with
all the other affected Boards and Commissions; however, the current version has
not been reviewed by any of the Boards and Commissions.
Councilmember Horak stated he would support the Ordinance on First Reading;
however, by Second Reading the Transportation Board needs to review this project
and make a recommendation. He requested more information on the contents of the
other agreement.
,
Councilmember Winokur stated he would not support the Ordinance. He believed
there are several other projects that could benefit from this money and that this
site is not an efficient use of these funds.
Councilmember McCluskey stated he would support the Ordinance because it is a
start of reviewing a permanent parking plan for the downtown area. He believed
having the City control the parking lot is best for the community.
Councilmember Horak stated the diagonal parking on Mountain Avenue would be
omitted if the bikelane project were constructed; therefore, the Laporte lot
would be an asset to the downtown area.
Councilmember Apt stated he supports the downtown businesses and the parking
issue, but did not see the parking lot as a pressing priority.
Councilmember Kneeland stated she would support the Ordinance because it is a
major issue that needs to be resolved for the downtown area.
Councilmember Winokur stated he would like the lot to remain in the private
sector and have the City purchase the area that is needed for Transfort.
Mayor Azari stated her dissatisfaction in the negotiations between the City and
the Trillium Corporation. She stated she would support the Ordinance and
encouraged the negotiations between the Opera House and the City to do what is
'
best for the downtown area and the community.
September 21, 1993
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Azari, Horak, Kneeland and McCluskey. Nays: Councilmembers Apt
and Winokur.
THE MOTION CARRIED.
Other Business
Resolution 93-143
Authorizing the Mayor to Execute Amendment 1 to the
Grant Agreement with the United States Federal Aviation
Administration for the Construction of the Airport
Rescue Fire Fighting Station at the
Fort Collins -Loveland Airport, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The total cost to construct an access road from the Airport Fire Station to the
Airport Operations Area Ramp is $27,012. The Federal Aviation Administration
will fund 90Y of the project ($24,311) with the Airport funding the remaining
IOY, $2,701. These funds were previously appropriated in the 1993 Airport
Budget.
EXECUTIVE SUMMARY
During the Airport Certification Inspection in August of this year, the FAA
Airport Inspector recommended that an additional access road for emergency
vehicles responding from the airport fire station to the airport operations area
be constructed. The proposed road would tie the fire station ramp directly to
the airport operations area ramp thus enhancing the airport fire station's
response capabilities to airfield emergencies. The FAA, through the Airports
District Office, agreed to fund 90Y of the road project by amending the Fire
Station Grant (AIP #3-08-0023-08) which was approved in August of 1992 and used
to build the Airport Fire Station. This Grant Amendment will provide an
additional $24,311 to the original Grant of $353,200 creating a grant total of
$377,511."
Fred Anderton, Fort Collins -Loveland Airport Manager, provided' some detailed
information on the project. He stated that an additional point of access for
emergency vehicles was a necessity to the operations of the airport. He stated
the fiscal year ends September 30th for the FAA and in order to receive funding
support from them this Resolution needs to be approved.
Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to
adopt Resolution 93-143. Yeas: Councilmembers Apt, Azari, Horak, Kneeland,
McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
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September 21, 1993
City Attorney Roy read portions of Ordinance No. 109, 1993 because the changes '
to the Ordinance were not on file in the Clerk's office for 48 hours prior to the
Council meeting.
Councilmember Kneeland acknowledged her involvement with Challenge Fort Collins
and recognized the projects that are asking for funding.
Councilmember Apt stated his participation in Challenge Fort Collins would not
present any bias towards any projects that have been conducted through that
organization.
Mayor Azari stated she was involved with Challenge Fort Collins but the ideas
that stemmed from that group are not being acted upon. She believed the projects
need to be evaluated.
Councilmember Kneeland stated the City's Boards and Commissions could be used to
evaluate and review the projects suggested by Challenge Fort Collins.
Councilmember Horak requested more information from the Environmental Clearing
House on the funding request presented for the 1994 City Budget. He requested
that more factual data regarding the D.A.R.E. program be presented to Council.
He believed the City Park Railroad Concession Stand was not a Budget issue but
was something Parks and Recreation could review. He requested a memo on the
status of the bikepaths.
Dallow replied that a memo discussing the bikeway plans and its budget is being I
prepared for Council.
Councilmember Apt stated the meeting between the County Commissioners and the
Council is an informal brainstorming session and everyone in the community is
invited. He believed it would restrain the participants if the meeting was
televised.
The meeting adjourned at 11:25 p.m.
Mayor
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