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HomeMy WebLinkAboutMINUTES-10/05/1993-Regular' October 5, 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 October 5, 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, Janett, Kneeland and Winokur. Councilmembers Absent Staff Members Present McCluskey Burkett, Krajicek, Roy. Citizen Participation Recreation Manager Jean Helburg recognized business person Herb Schlicht, and staff members Dave Mosnik and Deborah Bueno for their work with the Summer League Basketball program. Mayor Azari presented appreciation plaques to Dave Mosnik and Deborah Bueno, and Herb Schlicht. Sam Lien Fuchs, representing the Environmental Committee of the Chamber of Commerce, presented Councilmembers with the Environmental Notebook and Resource directory. She reported it was the first publication of its type in the nation presented by a Chamber of Commerce for its members and non-members regarding information and compliance for .issues and regulations on the environment. Citizen Participation Follow-up Councilmember Janett thanked the Chamber for its work on the notebook. Agenda Review City Manager Steve Burkett stated there were no changes to the agenda as published. Councilmember Winokur requested that Item #14, First Reading of Ordinance No. 112, 1993, Appropriating Prior Year Reserves and Unanticipated Revenue in the Special Assessments Debt Service Fund, be withdrawn from the Consent Agenda. Councilmember Janett requested that Item #13, First Reading of Ordinance No. 111, 1993 Approving an Addendum to the Agreement of Purchase and Sale of Real Property to Shields Street Corporation of Real Property Described as a Tract in the Cunningham Corner PUD, be withdrawn from the Consent Agenda. 285 October 5, 1993 Councilmember Apt requested that Item #7, Second Reading of Ordinance No. 105, 1993, Amending Section 26-343 of the Code Pertaining to Wastewater Discharge Limiance No. 109,tations, and Item #11, 1993, Appropriating Funds tand Authorizing the ponement of the cPurchase ond �of Certainng of nDowntown ' Properties Owned by Trillium Corporation until October 19, be withdrawn from the Consent Agenda. 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 #20, Pulled Consent Items. 7. M 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. A silver limit is being implemented which applies to all businesses that ' process photographic or x-ray film. All such businesses that are not already reclaiming and recycling silver from their wastestreams will be required to do so. It will cost a small volume discharger, such as an individual dentist, approximately $7.00 per month to reclaim silver. All large volume dischargers in Fort Collins are already reclaiming their silver. Some dischargers may need to improve their silver reclamation systems to comply with the new limits. This Ordinance was unanimously adopted on September 21, 1993. 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 ' TM October 5, 1993 10. 11 9. 1993 budget was $800,000. Ordinance No. 106, 1993, which was unanimously adopted on September 21, appropriates an additional E750,000 for unanticipated street overlay work for Engineering and Storm ❑ra;n��e Based on the original ordinance and on the Supreme Court decision, proceeds from the TUF can only be spent on street maintenance activities. This summer, the City's Engineering and Streets Departments have been working closely on identifying and prioritizing street maintenance needs which have not been funded from existing street maintenance budgets. These needs include: replacing portions of the concrete pavement on some of Fort Collins' oldest streets; more patching, crack sealing, and some reconstruction number asphalt streets; several arterial streets incldng TimberleoadadOverland Trail; and repairing some of the damage caused by snow and ice removal operations during the past winter. Ordinance No. 107, which was unanimously adopted on First Reading on September 21, transfers appropriations of $360,000 of TUF proceeds 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 Transportation Fund as part of the 1994 budget process, and these funds will also be expended for local street maintenance activities. un aeptember 14, 1993 and IL Site Plan to Therefore, at this tin the remainder of the requested vacation of Ordinance No. 108, wF September 21, endorses the Planning Director approved a Minor Subdivision replat the parcel owned by Phelps-Tointon, Inc. e, Phelps-Tointon and Mr. Keith Hess, the owner of lots abutting the Logan Court right-of-way, have the right-of-way in conjunction with the replat. ich was unanimously adopted on First Reading on the request for right-of-way vacation. authorizes the purchase9 of the LaPorte America lotch was adopted 4-2�andna 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 09 October 5, 1993 12. 13. savings in the Essential Capital Projects account and monies in the 1993 Operating Contingency. Second Reading is being postponed until October 19th, in order to receive comment from the Transportation Board and to coordinate the parking lot with the final agreement with the new owners of the Opera Galleria project. This is a request to rezone approximately 80.1 acres, located south of Harmony Road and east of Timberline Road, from the T-Transition District to the R-L-P, Low Density Planned Residential, District. The property is presently undeveloped. APPLICANTS: Geneva Homes, Inc. 344 E. Foothills Parkway Suite 12 Ft. Collins, CO 80525 OWNERS: Richard J. and Thomas Catherine C. Gutru Morroni The St. Stephen Foundation organization) The St. Christopher organization) c/o Thomas J. Morroni P.O. Box 16383 Denver, CO 80216 (a Colorado not for profit Foundation (a Colorado not for profit On July 20, 1993, the Council adopted Ordinance No. 79, 1993, which authorized the sale of a tract of land in the Cunningham Corner PUD ("the Property") to the Shields Street Corporation ("Shields Street"). The purchase agreement provided that the closing be held contingent upon Shields Street obtaining certain financing on or before December 1, 1993. It now appears that this financing can not be secured until March of 1994. Therefore, Shields Street is requesting that the City extend the date of closing to March 15, 1994. Although the City will incur an additional $3,841 in interest costs by delaying the closing, the sales price is still enough to cover all of the principal and 85% of the interest expense associated with the Property. No other buyers have expressed an interest in the Property at this time. Therefore, staff recommends that Council approve this extension. U0 October 5, 1993 14. 15. 16. The $400,000 is needed from the Reserve for Special Assessment Debt Service to pay the interest due on the unpaid assessments for properties held in liens and inventory. The balance of the reserve available for use in 1994 and future years will be $835,000. Secondly, the early payoff of certain assessments has generated unanticipated revenue for the payment of special assessment debt. This year, $800,000 more than anticipated from annual assessment collections is available for calling of bonds on December 1, 1993. This money must be appropriated before that date to be available for bond payments. The Fort Collins Housing Authority ("the Authority") has made a payment to the City from its 1992 budget as a "Payment in Lieu of Taxes" ("PILOT") in the sum of $16,618.95. Subsequent to making that payment, the Authority requested that the City refund the money to the Authority to fund needed affordable housing related activities to attend to the low-income housing needs of Fort Collins residents. Resolution 92-93 reinstated the requirement of the Authority to make annual PILOTS to the City. The purpose of the resolution was to make it clear that these funds are the property of the City and not excess HUD funds. The City is at liberty to dispose of them as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Fort Collins Public Library has been awarded a United States Department of Education grant in the amount of $35,000 to continue the adult literacy activities at the Library through 1994. In addition, the Library has received $32,167 from the same source to continue the literacy program providing one-on-one tutoring in basic literacy and job skills to low -literate, unemployed Fort Collins residents. Library literacy services staff will continue to pursue grants and gifts for these activities from other appropriate sources and to work with other literacy programs in the community to identify needs and maximize resources. 17. Resolution 93-144 Adopting a Drinking Water Quality Policy for the City of Fort Collins. On September 1, 1992, Council established a joint City Council/Water Board ' Committee to make recommendations to the Council regarding the City's drinking water quality policy. In May of this year, the Committee completed work on a draft drinking water quality policy. The draft policy 289 October 5, 1993 was then distributed to various City boards and adjacent water districts for their review and input. Results of the various meetings with the City boards and water districts ' were shared with the Committee members and all were comfortable with proceeding to recommend the draft policy to the Council for formal adoption. 18. Resolution 93-145 Making an Appointment to the Building Review Board. A vacancy currently exists on the Building Review Board due to Thomas Sibbald's appointment to the Affordable Housing Board on September 21, 1993. The Boards and Commissions Manual, which has been adopted by Council, includes a policy that prohibits an individual from serving on more than one standing board or commission at the same time. Councilmembers Azari and McCluskey reviewed the active applications on file and are recommending Rudy Hansch be appointed to fill the term which expires July 1, 1997. 19. Routine Deeds and Easements. a. Powerline easement from Mark R. Bowen, 1600 Prospect Lane, needed to install an oval vault to underground existing overhead electric system. Monetary consideration: $42. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. 8. Second Reading of Ordinance No. 106, 1993, Appropriating Unanticipated Revenue in the Streets Department Portion of the Transportation Fund. VE 10. 11 27. Postponement of the Second Reading of Ordinance No. 109, 1993, Appropriating Funds and Authorizing the Purchase of Certain Downtown Properties Owned by Trillium Corporation until October 19. Items on First Reading were read by title by City Clerk Wanda Krajicek. 12. Hearing and First Reading of Ordinance No. 110, 1993, Amending the Zoning I District Map by Changing the Classification for that Certain Property Known as the Brookside Village at Rock Creek PUD Rezoning. 290 October 5, 1993 25. 1 26. 27. U-11 29. Items Relating to the Cable TV Franchise. A. Hearing and First Reading of Ordinance No. 115, 1993 Granting a Cable TV Franchise to The World Company, Doing Business as Columbine CableVision; and B. Hearing and First Reading of Ordinance No. 116, 1993 Extending the Term of the Existing Franchise Agreement with The World Company, Doing Business as Columbine CableVision. A. First Reading of Ordinance No. 118, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Real Property Described as Tract A of the Fairbrooke SID and Tax Sale Certificates of Purchase for Lots 1 Through 25, Inclusive, Block 1, and Lots 1 Through 16, Inclusive, Block 2, Brittany Knolls PUD, First Filing. First Reading of Ordinance No 119 1993 Amending Section 23-111 of the Code. Councilmember Apt made a motion, seconded by Councilmember Janett, to approve and adopt all items not removed from the Consent Calendar. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. 291 October 5, 1993 Ordinance No. 105, 1993, Amending Section 26-343 of the Code Pertaining ' to Wastewater Discharge Limitations, coated on Second Reading Postponed to October 19 The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY 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. A silver limit is being implemented which applies to all businesses that process photographic or x-ray film. A11 such businesses that are not already reclaiming and recycling silver from their wastestreams will be required to do so. It will cost a small volume discharger, such as an individual dentist, approximately $7.00 per month to reclaim silver. A71 large volume dischargers in Fort Collins are already reclaiming their silver. Some dischargers may need to improve their silver reclamation systems to comply with the new limits. This Ordinance was unanimously adopted on September 21, 1993." Councilmember Apt reported he has received inquiries from citizens regarding this item. He stated limits on some pollutants have been changed and requested ' information regarding what has become less stringent. Director of Water and Wastewater Utilities Mike Smith stated he was unable to respond to Councilmember Apt's questions, noting Environmental Services Manager Keith Elmund had been detained and would be able to answer Council questions upon his arrival. Councilmember Apt made a motion, seconded by Councilmember Janett, to postpone discussion on this item until later in the meeting. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 109, 1993, Appropriating Funds and Authorizing the Purchase of Certain Downtown Properties - The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Ordinance No. 109, 1993, which was adopted 4-2, on September 21, 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 292 October 5, 1993 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. Second Reading is being postponed until October 19th, in order to receive comment from the Transportation Board and to coordinate the parking lot with the final agreement with the new owners of the Opera Galleria project." Councilmember Apt asked if Council would be receiving further information on this item before second reading. Mayor Azari spoke of the reasons for postponing this item. Councilmember Horak made a motion, seconded by Councilmember Apt, to postpone consideration of Second Reading of Ordinance No. 109, 1993 to October 19, 1993. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 111, 1993 Approving an Addendum to the Agreement ' of Purchase and Sale of Real Property to Shields Street Corporation of Real Property Described as a Tract in the Cunningham Corner PUD, Adopted The following is staff's memorandum on this item. "FINANCIAL IMPACT By extending the date of closing by three months, the City will incur another $3,841 in interest cost on the outstanding principal. EXECUTIVE SUMMARY On July 20, 1993, the Council adopted Ordinance No. 79, 1993, which authorized the sale of a tract of land in the Cunningham Corner PUD ("the Property") to the Shields Street Corporation ("Shields Street"). The purchase agreement provided that the closing be held contingent upon Shields Street obtaining certain financing on or before December 1, 1993. It now appears that this financing can not be secured until March of 1994. Therefore, Shields Street is requesting that the City extend the date of closing to March 15, 1994. Although the City will incur an additional $3,841 in interest costs by delaying the closing, the sales price is still enough to cover all of the principal and 85% of the interest expense associated with the Property. No other buyers have ' expressed an interest in the Property at this time. Therefore, staff recommends that Council approve this extension." 293 October 5, 1993 Council member Janett asked at what rate interest would accrue if the deal was not closed in the extension period. Financial Policy Analyst Susanne Edminster stated the developer would know by ' March if financing would be secured. She noted if a situation were to occur and the developer needed another extension the issue would be renegotiated. Councilmember Janett made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 111, 1993 on First Reading. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 112, 1993, Appropriating Prior Year Reserves ated Revenue in the Soeciala Assessmentnd s Debt Service Fund, Adollted The following is staff's memorandum on this item. "FINANCIAL IMPACT This ordinance authorizes the following appropriations: $400,000 transferred from prior year debt service reserves to pay the interest portion on the debt represented by tax certificate properties. After this transfer, the reserve balance available, including interest earnings, will be $835,000. ' $800,000 in unanticipated revenue from special assessments which will be used special assessment debt to $7,470,000. This will to pay principal on SID bonds on December 1, 1993. reduce the total $1,416,000 to reflect the value of acquired properties deeded to the City and he7d for resale. The properties represented by this appropriation include Lake Shore Estates, $1,400,000, which is included in both Provincetowne/Portner SID #81 and South Lemay SID #86 and the Eastside property which is in Heart SID #84. EXECUTIVE SUNNARY The $400,000 is needed from the Reserve for Special Assessment Debt Service to pay the interest due on the unpaid assessments for properties held in liens and inventory. The balance of the reserve available for use in 1994 and future years will be $835,000. Secondly, the early payoff of certain assessments has revenue for the payment of special assessment debt. This year, unanticipated than anticipated from annual assessment collections is available for calling 0ng oof bonds on December 1, 1993. This money must be appropriated before that date to be available for bond payments. The City will be deeded both the Lake Shore Estates and Eastside properties in 1993. The acquisition of these properties will be recorded as an expenditure at the time of acquisition based on appraised value along with an equal amount of 294 October 5, 1993 special assessments revenue. Appropriations are needed in order to authorize the ' expenditure. The 1994 budget includes appropriations for land anticipated to be deeded to the City during the year." Financial Policy Analyst Susanne Edminster briefly outlined the reasons for the appropriations. Controller Dave Agee responded to Council questions. Councilmember Winokur made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 112, 1993 on First Reading. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays:' None. Ei91•yll) W I1.1i1:11911A Councilmember Reports Councilmember Janett spoke of a recent meeting she and Mayor Azari held with residents of East Laurel and Whedbee Streets. She reported residents expressed concerns regarding the outcome of the rezoning in the Eastside Neighborhood Plan and requested staff review the zoning classification. Councilmember Apt spoke of a recent meeting he attended with. the County Commissioners to discuss the Urban Growth Area Agreement, development outside the UGA and foothills issues. Public Hearing ' City Manager Steve Burkett stated the second and final reading of the 1994 budget would be held on November 16, 1993. Steven Strauss, 5849 Plateau Court, requested $500 for the Environmental Clearing House to help pay the cost for printing and mailing a proposal to a variety of foundations, organizations and corporations to raise money to fund the Clearing House. Cindy Young, a Fort Collins resident, urged Council to support the DARE program. Gary Peterson, 1805 Crestmore Place, opposed funding for the DARE program and spoke of a report that addresses different drug prevention strategies being used in various school systems. Angela Holland, a 15 year old student, spoke in support of the DARE program. Dennis Abrams, former Los Angeles resident, supported funding for additional law enforcement officers. Marti Moore, 2401 Newport Court, urged Council to support funding for the DARE program. She stated it was important for parents and children to receive drug awareness information. Judy Smith, a Fort Collins resident, spoke in support of the DARE program and ' stated DARE teaches children how to make good choices. 295 October 5, 1993 Weston Smith, 6th grader at Olander, stated he believed DARE is a worthwhile program and supported funding for the program. ' Polly Cletcher, 1348 Woodcrest Court, urged Council to support the City Manager's 1994 Budget request, and supported funding for additional police officers. Robert McCormick, representing the Choice City Boxing Club, requested Council help fund the Choice City Boxing Club program by contributing $150 per month to cover program costs. Cheryl Swartz, speaking on behalf of the Choice City Boxing Club, gave a brief background of the Club and urged Council to support the Club by funding $150 per month. Jack O'Neill, a Fort Collins resident, stated he attended a 6th grade DARE program and urged Council to support funding for the DARE program. Shane Swartz, Choice City Boxing participant, spoke of the positive attributes of the Club. He stated it is a positive alternative to hanging out and being a juvenile delinquent. John Jolly, 2101 Essex Court, urged Council to support funding for additional police officers. Phil Porter, Larimer County Deputy Sheriff speaking on behalf of the Choice City Boxing Club, spoke of the positive attributes of the Club and asked Council to consider its funding request. Tom Sibbald, 725 Bonita Avenue, commended staff and Council for increasing , funding for affordable housing. He expressed concerns regarding the utility rate increases and the impact the increases would have on the occupants of rent restricted housing. He requested Council revisit the proposed utility rate increases and the storm drainage basin fee increases. John Peacock, representing the Front Range Railroad, asked Council to grant his request for $40,000 for a feasibility study. He reported he and officials from Union Pacific would be meeting to discuss anticipated changes for the north Front Range. Al Bacilli, 520 Galaxy Court, opposed the DARE program and stated the police need to be in the streets not in the schools. He supported funding for additional officers. Bill Stout, 2726 Nottingham Square, urged Council to support the DARE program and additional officers. He spoke of taxpayer money that could be saved if the DARE program prevented one addiction. Bruce Lockhart, 2500 East Harmony Road, spoke in opposition of funding for additional police officers. Maria Jolly, 2101 Essex Court, urged Council to support funding for additional police officers. 296 October 5, 1993 Items Relating to the Cable TV Franchise I The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 115, 1993 Granting a Cable TV Franchise to The World Company, Doing Business as Columbine CableVision; and B. Hearing and First Reading of Ordinance No. 116, 1993 Extending the Term of the Existing Franchise Agreement with The World Company, Doing Business as Columbine CableVision. Whether City Council does or does not adopt on first reading Ordinance No. 115, 1993, which grants a new franchise to Columbine, staff recommends that Council adopt on first reading Ordinance No. 116, 1993, which extends the terms of the existing franchise from November 6, 1993, until March 15, 1994. (The extension may still be necessary in the event Council does not adopt Ordinance No. 115, 1993, on second reading.) These are the terms of some of the major provisions of the Franchise Agreement: 1) Term of the New Franchise. The term of the new franchise is for fifteen years, so long as Columbine owns the cable system; if Columbine sells the system, the term w0l be for twelve years. ' 2) Upgrade. Columbine is to upgrade its current cable system to a 76 channel, 550 megahertz, state-of-the-art system within four years of the effective date of the new franchise. However, if Columbine can demonstrate to the City Manager that performing the upgrade within four years will result in an unreasonable economic hardship on Columbine due to a significant change in technology, or due to a significant lack of new product or new product demand, then the company will be entitled to up to an additional eighteen months to complete the upgrade. 3) Franchise Fee. The franchise fee has been raised from 3% of subscriber revenues to 5% of gross revenues. The average monthly impact to the subscriber will be an increase of approximately 430 per month starting in December, 1993. To encourage the development of new, non -cable technologies, such as data transmission, such technologies will be exempt from franchise fees for a period of three years after their introduction by Columbine. Other Key Provisions: * Line Extension - The density requirement for providing cable service within the City has been decreased from 50 dwelling units per linear mile to 25 dwelling units. I * Public Access - Columbine will continue to produce the "Take One" program, or one substantially similar to it. "Take One" has helped answer much of the demand for public access programming in Fort Collins. In addition, R40fl October 5, 1993 Columbine will make a camcorder available for public check-out and use, free of charge, for the production of public access programming. If demand for public access programming time reaches a level above the ' ability of Columbine to cablecast such programming on a single channel during regular viewing hours, an additional channel for public access programming will be made available. * The Drop System - The drop system refers to the cable running through subscribers' yards and to their homes. This system was identified in a technical analysis of Columbine's system as needing improvement, particularly with regard to the shallow burial depth of some of the coaxial cable. The franchise requires that all new drops and those that are serviced in the future be buried at least 6 inches in the ground, which is consistent with common industry practices in this region. BACKGROUND: The cable TV franchise renewal process began approximately two years ago. During these two years, staff and its business and technical consultants have conducted a financial audit and technical evaluation of Columbine CableVision, issued a public opinion survey regarding Columbine, and sponsored five public forums. The general conclusions resulting from the information gathering process were that Columbine is we11-regarded in the community and has established a record of relatively high quality customer services and relatively low prices. In addition, staff offered Council Members an opportunity to meet individually and discuss the franchise renewal in January, 1993, and in fact met with two Councilmembers. Staff also discussed the franchise renewal with Council at a work session on May 11, 1993. Extensive negotiations with Columbine were conducted this year over a four -month period, June through September. ' In the course of the renewal process, staff and its consultants recognized that the City of Fort Collins was in a unique position with regard to cable television owing to the nature of Columbine as a business. In many cities, large, multiple system operators, such as TCI and Scripps -Howard, provide the local cable TV service. Columbine, on the other hand, is a family -owned business with one other cable TV system. There are several trade-offs for the community in having Columbine as its cable operator. On the one hand, Columbine has historically maintained its rates at substantially lower levels than larger cable operators in comparable communities. In addition, data indicates that Columbine's level of customer satisfaction has been high. On the other hand, Columbine states that it is not as financially able to upgrade its system in as short a time period as some of the larger operators. There is risk involved for cable operators performing upgrades within the next two to three years because product availability and subscriber demand for new products have not been firmly established yet. Columbine's capacity to absorb risk and financial loss is less than cable operators with numerous systems, and staff believes that a schedule that allows Columbine four years in which to complete the upgrade is reasonable given its market position. The Cable TV Board and staff believe that, on balance, the City benefits from having Columbine as its cable operator, and that what Columbine provides in terms of fair pricing and high customer satisfaction offsets its limited ability to offer the latest cutting -edge technology at the earliest possible time. Working , from data that indicates that Columbine has been historically capable and ail October 5, 1993 responsible in the provision of cable TV services to the Fort Collins area, and from the assumption that keeping such staff negotiated this franchise with a company in the goal of Fort Collins makes good sense, providing a framework in which ' Columbine could continue to succeed and provide the services that subscribers want, while maintaining its rates at reasonable levels. Discussion of Franchise Term Staff negotiated a fifteen -year franchise with Columbine, based on primarily three considerations. First, as a well -regarded service provider with a proven track record, staff believes that Columbine should be given consideration for a term equal in length to its term under the original franchise, that is, fifteen years. Second, nearly all industry analysts predict the imminent onset of active competition in the cable TV industry. Staff believes that the strong potential for competition mitigates against some of the reservations that may exist concerning a relatively long fifteen -year term, in the sense that Columbine will not likely be able to successfully operate in the new competitive environment if it does not respond fully to evolving customer demand for new services. And third, a fifteen -year term, as opposed to a shorter term, will likely reduce the customer's monthly financial impact resulting from the future system upgrade. In addition, staff has added the condition that if Columbine should sell its cable system, the term of the franchise will become twelve years. The rationale for this provision is that Columbine has an established record and has earned a degree of community trust, and therefore should be considered for a fifteen -year term; a new operator, however, would have to prove itself before .it would merit a fifteen -year term. ' Discussion Of System Upgrade The new franchise provides for a system upgrade that incorporates today's state- of-the-art technology, while also providing the flexibility necessary to address the future needs of the community. The system will be upgraded to 550 megahertz, 76 channels, using fiber optic trunking. Cost estimates provided for such an upgrade, using today's technologies, have ranged from ten to fifteen million dollars. This represents a substantial investment in the community's future. In some neighboring communities, in which large, multiple system operators are the service providers, this kind of an upgrade is being completed within two to three years. Staff has reached agreement with Columbine to complete its upgrade in four years from the effective date of the new franchise, or under certain conditions, within a five and one-half year time frame, based primarily on two factors. First, we are currently in an environment of extraordinary and rapid technological change in the cable TV industry. There is a promise of an array of new cable services and products, however, no one knows yet if there will be sufficient demand for these services and products, and how many subscribers wi17 be able or willing to pay for them. The City's technical consultant has advised staff that the system upgrade provided for in the franchise can be completed in approximately two and one-half years. Staff has agreed to grant Columbine four years to complete the upgrade because it believes that Columbine and its customers will ultimately benefit if the,current volatile marketplace is given a little more time to stabilize and if technologies and products that are commercially feasible and desired by consumers are allowed to develop. Second, ' if competition for cable TV services emerges in the near future, as most expect it will, Columbine may be motivated to complete the upgrade in a shorter time period than the four year minimum. If, however, competition does not materialize October 5, 1993 as expected, it will likely be due to a lack of consumer demand for products offered at a desirable price or lack of product availability, in which case it will probably not be detrimental to the City if the system upgrade is not ' completed as quickly. Discussion of the Franchise Fee Cable operators are required to pay franchising authorities a franchise fee for use of municipal rights -of -ways and for the franchising authority's costs to administer the cable TV franchise. The original franchise entered into between the City and Columbine in 1978 provided for a franchise fee of 3% of subscriber revenues. With the passage of the Cable Act of 1984, Congress raised the maximum allowable franchise fee to 5% of gross revenues. Since the City did not have a provision in the 1978 franchise agreement with Columbine that permitted the City to raise the fee in the event of a change in federal law, the local fee has remained at 3% of subscriber revenues for the entire fifteen -year term of the franchise. The impact to the subscriber due to the increase in the franchise fee from 3% to 5% will be approximately 430 per month. Staff believes that during the fifteen years of the existing franchise the value of the use of the City's rights -of -ways has increased, as have the costs to administer the existing franchise. The new franchise is significantly more in depth than the current one, and will also involve some additional time and costs to effectively administer. The additional revenue will also be used to provide products and services to meet Council's goal of enhanced communication with citizens. And, if the City elects in the future to regulate cable TV rates, the City will incur additional costs to administer the rate regulation process. Extension of Existing Franchise The current franchise with Columbine expires on November 6, 1993. In the event ' City Council decides, either on first reading at its October 5 meeting or on second reading at its October 19 meeting, that the proposed franchise requires substantive modifications and, therefore, does not adopt Ordinance No. 115, 1993, adoption of Ordinance No. 116, 1993, extending the term of the franchise will be necessary and is included for Council's consideration. Ordinance No. 116 will extend the term of the franchise until March 15, 1994. This additional time will be used by the City and Columbine to attempt to negotiate a new agreement taking into consideration the concerns and objections raised by Council in not approving the franchise agreement now before the Council. All other terms and conditions of the existing franchise will remain the same except that the franchise fee will increase as discussed above in this Agenda Item Summary. Please note, that Ordinance No. 116 should be adopted on first reading at Council's October 5 meeting, even if Council adopts on first reading Ordinance No. 115. This is to ensure that if Council adopts Ordinance No. 115 on first reading, but for any reason does not adopt it on second reading at the October 19 meeting, that Council can then consider Ordinance No. 116 on second reading at the October 19 meeting in order to approve the extension of the term of the existing franchise before it expires on November 6, 1993." Cable Program Director Michael Gitter reported Columbine CableVision and Channel 4 had reached an agreement to continue carrying Channel 4 on the Columbine system. He gave a brief background on the franchise renewal process, and spoke I of the conditions and terms of the agreement. He expressed appreciation for everyone involved in the preparation of the agreement. 300 October 5, 1993 Larry Rowland, representing the Cable TV Board, spoke of the Board's support of ' the agreement. Dan Simons, Columbine CableVision, reported Columbine customers would not experience any effect regarding negotiations with Channel 4, and stated he was available for Council questions. Gitter clarified the City would make the decision to approve an upgrade extension, and stated the City of Fort Collins would no longer collect franchise fees from customers outside the City of Fort Collins. Councilmember Apt expressed concerns regarding remote control and converter box fees. Dan Simons stated remote control fees have been reduced and stated converter charges are taken from the FCC's formulas. He spoke of the variety of converter boxes on the market. Councilmember Apt stated converter boxes were a nuisance and requested more information regarding different kinds of boxes and information on converter charges. Councilmember Kneeland spoke of the amount of time allowed for system upgrades. Larry Rowland clarified the Board discussed the length of time for system upgrades, and noted it was the consensus of the Board that the overall deal was acceptable. ' Councilmember Horak questioned why staff did not go with the technical consultant's recommendation. Gitter spoke of the consultant's recommendation and stated with changing technology it might be economically beneficial for Columbine and the customers it serves, to wait for the environment to stabilize. Dan Simons responded to Council questions on setting standards regarding gaining entrances to yards. He clarified for Council that State standards for burying cable lines is 4 inches. Tom Duchene, River Oaks Cable Company, commented on the length of the agreement stating the term of the agreement is a viable and important feature. He clarified the engineering consultant estimated it would take approximately 2 1/2 years to build the system. Councilmember Apt stated Council discussed originally a 10 or 12 year term and stated he was surprised that the length of the term was raised to 15 years: He asked if an escape clause could be added to the contract in the event that the franchise were sold to allow the City to renegotiate. Mr. Duchene stated the escape clause issue was discussed in the course of negotiations but Columbine believed it would greatly impact its ability to sell the system. City Attorney Steve Roy clarified the Charter provides that the City could, at any time, grant a franchise to another cable or entertainment system. 301 October 5, 1993 Councilmember Winokur asked if the upgrade would include the possibility of putting converter boxes on poles to make it easier for customers. Duchene spoke of the mandates Congress has placed on TV, hardware manufacturers. ' and cable companies regarding converter box usability. Councilmember Winokur questioned if revenues from increased franchise fees would be identified by the City Manager and brought to Council to decide where additional revenues should be spent. City Manager Steve Burkett stated if the ordinance is approved the estimated $150,000 would be included in the 1994 budget. Assistant City Attorney John Duval outlined various circumstances in which the franchise agreement could be revoked and stated provisions for those circumstances are included in the agreement. Councilmember Kneeland made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 115, 1993 on First Reading. Councilmember Horak spoke of the need to address the drop system. Mayor Azari requested information on the drop system and the converter boxes before second reading of the ordinance. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. , Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 116, 1993 on First Reading. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 120, 1993, Approving an Intergovernmental Agreement Between the City and the Downtown Development Authority, Transferring Funds and Appropriating Additional The following is staff's memorandum on this item. "FINANCIAL IMPACT This action would authorize the transfer of $450,000 to the Downtown Development Authority Fund for the facade renovation and stabilization of the Linden Hotel and Salvation Army buildings in the Old Town Historic District. Funding for this project will be accomplished through a transfer from existing appropriations in the Capital Projects Fund for Historic Preservation, together with additional appropriations from reserves in the Sales and Use Tax Fund and an advance from . the Street Oversizing Fund. October 5, 1993 EXECUTIVE SUMMARY ' The Linden Hotel and Salvation Army buildings are considered cornerstones to the revitalization of the Old Town Historic District. The buildings are deteriorating quickly. The obvious concern is that they may be lost if nothing is done. The restoration of these buildings is beyond traditional redevelopment strategies. A public -private partnership is needed and warranted to save these historic structures. It is estimated that up to $450,000 in public financial participation is required to restore and stabilize the facade of the structures. Veldman Morgan Commercial, a local real estate firm, has submitted a proposal for renovation of the Linden Hotel and Salvation Army buildings for office and retail uses. The proposal appears to be the most promising one in the last decade and includes both DDA and City participation in the facade renovation. Public financial support for the project was considered by the City Council at its May 25 and August 24 work sessions. Council direction was to proceed with the preparation of necessary legislation for public comment and Council consideration. Section I of the attached Ordinance (see Exhibit 1) authorizes the Mayor to enter into an agreement with the DDA, whereby the City would transfer to the DDA the funds needed to pay for the facade improvements and the DDA acquire an ownership interest in the facades. Sections 2, 3 and 4 of the Ordinance appropriate these funds. BACKGROUND: The Linden Hotel was one of Fort Collins' earliest business developments, having been constructed in 1882. The adjacent Salvation Army building was constructed in 1889. Both buildings have received National Register Landmark designation and are considered cornerstones to the revitalization of the Old Town Historic District. The Downtown Plan states that the redevelopment of the Linden Hotel is critical to the continued revitalization of the Downtown area. Resolution 91- 46 (see Exhibit 2), which was passed by Council in 1991, includes as its first priority for the downtown, the reintegration of the Poudre River into the fabric of downtown with the first step toward achieving this priority being the redevelopment of the Linden Hotel. Current Building Condition The Linden Hotel and Salvation Army buildings have been vacant since 1984. During the intervening years, several developers have proposed plans for renovation, but none has proved economically feasible. The buildings have continued to deteriorate during this period of vacancy, and the interiors are now open to rain and snow melt, significantly threatening the structural integrity of both buildings (see Exhibit 3). Furthermore, since the buildings are a haven for transients, the risk'of fire loss is high. The bottom line is that within one or two more winters there may be nothing left to renovate or restore. The City's Landmark Preservation Commission (LPC), Downtown Development Authority ' (DDA), and City staff believe that the Linden Hotel and Salvation Army buildings 303 October 5, 1993 are in serious jeopardy and saving them is not within the financial abilities of the private sector alone. The LPC, DDA and City staff believes a public/private I partnership is needed and warranted to save these historic structures. Public Financial Support Resolution 90-178 (see Exhibit 4), authorized the City Manager and the Downtown Development Authority to develop a priorities list for downtown development and to proceed with implementation of these priorities including considering a wide array of financing tools. Resolution 91-46 (see Exhibit 2), which was passed in March 1991, includes as its first priority, the reintegration of the Poudre River with the first step being the redevelopment of the Linden Block. After lengthy discussions between the Downtown Development Authority, Landmark Preservation Commission, and City staff, the recommendation is that Council commit the necessary funds now to help save the Linden Hotel and Salvation Army buildings. Staff estimates that up to $450,000 will be required ($350,000 for the Linden; and, $100,000 for the Salvation Army building) to make redevelopment possible. This proposal was considered by the City Council at its May 25 and August 24 work sessions. The direction from City Council was to proceed with preparation and introduction of the necessary ordinances and resolutions for public review and consideration. The recommended sources of funding for facade renovation and stabilization are as follows: $100,000 - Capital Project Fund for Historic Preservation ' $300,000 - Downtown Development Authority funds (through an advance from the Street Oversizing Fund reserves) 50.00 - Sales and Use Tax Fund reserves $450,000 TOTAL Section 1 of the proposed Ordinance authorizes the Mayor to enter into an agreement with the Downtown Development Authority to advance the City funds needed to pay for the facade improvements and stabilization associated with the redevelopment of the Linden Hotel and Salvation Army buildings. It is intended that the $300,000 advanced from the Street Oversizing Fund reserves would be repaid by the DDA. Section 2 of the Ordinance appropriates these funds. The DDA will act as the City's agent in disbursing funds to the Developer once the renovation is completed. The disbursement of the funds will be subject to the review and approval of the City's Financial Officer. Public participation in the Linden Hotel and Salvation Army development requires that (1) an agreement be reached between the DDA and the Developer, since the DDA will take ownership of the renovated facades, and, (2) an intergovernmental agreement be executed between the DDA and City to provide for the advance of funds to the DDA and the repayment of a stipulated portion of those funds. The agreement between the DDA and the Developer of the project would be similar to the agreements used for other DDA facade projects (e.g. Stone Lion Bookstore), I including: October 5, 1993 1. The DDA would take passive ownership of the facade and an easement for a minimum period of 30 years to provide access to and support for the.facade. 2. Facade improvements would require approval by the Landmark Preservation Commission. 3. The project architect would need to certify the actual cost of the facade improvements after completion of the project. This number would determine the actual level of public participation (up to a maximum of $450,000). 4. Public monies would be provided in the form of a reimbursement and would be paid only after a certificate of occupancy has been issued for the Linden Hotel and the facade renovation of the Salvation Army building is completed. 5. No alterations to facades would be permitted without DDA and LPC approval. 6. The facade must be maintained by the property owner. 7. The property owner must provide adequate insurance and indemnification. 8. The City must be designated as the successor entity to the DDA. 9. Prior to reimbursement, the Developer will certify a value for the ' project (at the time the Salvation Army building is completed) of no less than $1.425 million. The agreement between the City and the DDA would provide as follows: 1. The DDA would receive a $300,000 advance of funds from the City's Street Oversizing Fund reserves which would be repayable over ten years at an annual interest ranging from 3.5 to 5.5 percent, subject to annual appropriation. It is anticipated that the annual cost to the DDA would average approximately $38,900. 2. In addition to the advance from the Street Oversizing Fund reserves, the City would transfer to the DDA an additional $100,000 drawn from the Capital Projects Fund for Historic Preservation and $50,000 from the Sales and Use Tax Fund reserves. 3. The DDA would utilize all of these funds to pay for the stabilization and renovation of the facades of the Linden Hotel and Salvation Army buildings and to acquire an ownership interest in those facades. It should be noted that the City has applied for a grant from the Colorado Historical Society's State Historical Fund in the amount of $100,000 for the facade renovation and stabilization of the Linden Hotel. The Society's decision on the grant will be made in mid -November. The funds should be available four to eight weeks later. If successful, the grant could reduce the City's and/or Downtown Development Authority's financial contribution to the project. OR October 5, 1993 Veldman Morgan Proposal The Veldman Morgan proposal (see Exhibit 5) appears to be the most promising one ' in the last decade. The proposal is to renovate the Linden Hotel, occupying the third floor of the building for its offices, and leasing or selling the balance of the building to other commercial firms. Nature's Own Imagination, currently in Old Town, would double in size and occupy the ground floor of the Linden Hotel. Rehabilitation of the Linden Hotel is planned to begin next February and be completed in the fall of 1994. The Veldman Morgan proposal also includes the rehabilitation of the facade of the adjoining Salvation Army building. Preliminary plans are to use the Salvation Army building as an entertainment facility. Full renovation of the Salvation Army building is expected to occur after the renovation of the Linden Hotel is completed. However, the facade renovation for both buildings will occur simultaneously. Facade renovation includes exterior demolition, stabilization, restoration and replacement. This work includes strip finish, masonry repair, repair or replacement of exterior sheet metal, reroofing, woodwork, woodwork replacement, window and oriel refurbishment, storefronts and exterior door replacement, reinforcement and repair to the wall at the west corner of the Walnut Annex and painting of all exterior wood trim, storefronts, and sheet metal. The stabilization elements of the proposal are typical and customary components of a facade renovation. The cost of facade renovation and stabilization for the two buildings is estimated at $450,000. The total construction cost for the Linden alone is $2,004,100. Sinnett Builders Inc. will be the general contractor. This company has extensive construction expertise including many renovations and historic restorations. All work will comply with the City's Design Guidelines and ' Secretary of Interior Standards for Historic Rehabilitation, including approval of the Landmark Preservation Commission of the facade design. Although the Veldman Morgan proposal has served as the catalyst for the financing request which is being presented to the Council, the ordinance authorizing the City/DDA agreement and the appropriation of funds is not specifically tied to this particular proposal. If, by chance, the Veldman Morgan proposal would be withdrawn, the funds would remain available to the DDA for expenditure in working with another developer under the same terms and conditions. Analysis of Public Involvement According to the Downtown Development Authority, the financial return to the public for its investment in this project will be realized through increased property and sales taxes. Conservatively, the improved properties should generate $40,000 in total property taxes annually. Net annual sales tax generated on fifty percent of the retail space should exceed $20,000. Given these numbers, the total public investment would be recaptured in 7.5 years. Redevelopment of the Linden and Salvation Army buildings will also affect the economic performance of the surrounding area. It is impossible to estimate what that impact may be but it should be positive. Redeveloping these buildings will make surrounding properties/improvements more valuable and shoppers will be attracted beyond Old Town Square into the rest of the downtown historic district. , This should result in increased property values and increased retail sales. 306 October 5, 1993 However, evaluating the public benefit of City/DDA participation in the redevelopment of these structures solely on the basis of dollars and cents is to ignore the value of the non -monetary benefits which accrue to the community through their restoration. Non -monetary benefits include: Restoring these buildings contributes to the vitality (including economic) of the entire central business district. A strong, healthy, and interesting downtown generates community pride, gives character to the whole city, and establishes a positive identity which distinguishes Fort Collins from other cities. Restoring these buildings begins the process of moving toward the Poudre River and integrating it into the community as a valuable natural asset. Restoring these buildings is to recycle them, at least doubling their useful life and at the same time preserving other resources. Restoring these buildings amounts to infill development and provides usable business space without encroaching on surrounding farmlands. Finally, restoring these buildings helps to build bridges between the past, the present, and the future. Saving the buildings demonstrates that the City of Fort Collins places value in and respect for its roots and its history. It helps to ground this generation to a tangible past. Demonstrating this generation's respect for its history and tradition will invest future generations with a similar respect and appreciation. Pedestrian -Way Improvements After lengthy discussions with the developer, staff is recommending that the pedestrian -way improvements associated with the development be handled independently of the facade and stabilization request. When Council considered GID #1 improvement priorities last year, it placed certain other improvements higher than the Linden/Walnut improvements although they were considered a "first tier" priority (see Exhibit 6). A major reason that the Linden/Walnut improvements were not a higher priority was the absence of a firm redevelopment proposal for the Linden Hotel. That criterion has now been met. Doing pedestrian -way improvements at the same time as the Linden Hotel and Salvation Army buildings are renovated makes sense both in terms of construction costs and reducing unnecessary disruption to area businesses. In the next 2-3 months, the City's Planning staff will conduct a public outreach effort to contact area property owners and downtown interests in regard to the priority associated with the Linden/Walnut improvements relative to other potential downtown projects. Also, staff will develop more detailed plans, cost estimates and phasing alternatives. This information will be presented to City Council in November/December for review and decision. Other Public Review The Landmark Preservation Commission reviewed the proposal to use $100,000 of the Historic Preservation Funds for the renovation of the Linden Hotel at its April 21 meeting. The Commission unanimously recommended to support the project (see Exhibit 7). 307 October 5, 1993 The Downtown Business Association has endorsed the use of City resources necessary to ensure the redevelopment of the Linden Hotel (see Exhibit 8). The Downtown Development Authority agreed by approval of Resolution 93-14 (see ' Exhibit 9) to participate in this project up to $300,000. The DDA has also made recommendations to City Council to appropriate the necessary funds to make this project succeed and to proceed with pedestrian -way improvements at the same time as the Linden Hotel and Salvation Army buildings are renovated." Director of Community Planning and Environmental Services Greg Byrne gave a brief introduction and slide presentation showing the deterioration of the Linden Hotel. He spoke of project funding. Steve Slezak, Downtown Development Authority Chairperson, encouraged Council to support the proposal and stated restoration of the Linden Hotel conforms to the Downtown Plan policies. Jennifer Carpenter, Landmark Preservation Commission Chairperson, urged Council to support the Ordinance and spoke of the importance of restoring old buildings. Councilmember Horak stated the public needs to be assured that funds would be used only for facade renovation. Byrne reported a detailed line item list would be included between the DDA and the developer and spoke of how the project would be monitored. He clarified if circumstances changed requiring a significant change to either agreement, staff would come before Council and request amendments to the Ordinance. City Attorney Steve Roy stated the Ordinance approves the agreement between the I City and the DDA and concerns regarding any terms or conditions of the agreement should be addressed between first and second reading. Director of Finance Alan Krcmarik clarified funds would be appropriated into a Capital item within the operating budget, and funds would be reappropriated as part of the 1994 budget. Councilmember Kneeland asked why the Downtown Development Authority would accept passive ownership since they are paying for the facade. Lucia Liley, Attorney representing the Downtown Development Authority, spoke of the provisions which would allow the facade to revert back to the current owner. She clarified no alterations could be done during the 30 year term unless approved by the Downtown Development Authority and the Landmark Preservation Commission. Byrne added the building is a local landmark under the City's ordinances and exterior alterations of the building must come before the Landmark Preservation. Commission. Councilmember Winokur questioned if the City's ownership would affect the tax status of any portion of the building. Downtown Development Authority Director Chip Steiner noted he would supply I Council with information regarding property taxes before second reading of the Ordinance. 01.1 October 5, 1993 1 City Manager Steve Burkett suggested additional information could be outlined in the Ordinance before second reading specifying cost estimates. ' Councilmember Apt spoke in support of the renovation of the building and questioned how long it would take to start generating revenue and recovering costs. Steiner estimated property taxes would decline approximately 12 months after the project is completed which is estimated at the fall of 1994. Dave Veldman, developer, spoke of the redevelopment of the Salvation Army Building. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 120, 1993 amending Section 1 c. (3) to read after the 1st comma as follows: ", and be recertified by an independent architect, and the amount so independently certified will determine the actual amount to be paid to the developer by the ODA;". City Manager Steve Burkett asked if an "independent architect", could be an employee of the City. Councilmember Horak stated it would be acceptable for City employee to be the independent architect. Dave Veldman, developer, supported the motion and outlined the process. Rich Kerrs, 3019 Placer Court, stated he supported the project and expressed ' concerns regarding leasing the space once it is completed. Chris Alexander, managing partner of Natures Own Imagination, supported the motion. Bill Washburn, 718 Mathews, urged Council to support the motion and spoke of the need to preserve the history of the downtown area. Jacques Rieux, owner of the Stone Lion Bookstore, spoke in support of the motion. Karen McWilliams, President.of the Fort Collins Historical Society, stated the board encouraged Council to support the Ordinance. John Arnolfo, President of the Downtown Business Association, stated the Downtown Business Association supported the project and urged Council to adopt the Ordinance. Councilmember Horak spoke of the funding issues and reported on the process involved in dispersing the funds. Councilmember Kneeland spoke in support of the Ordinance. Councilmember Janett spoke in support of the motion stating it was a great benefit to Old Town. She spoke of the importance in making a public/private ' partnership work. 309 October 5, 1993 Councilmember Apt supported the motion and stated he believed the opportunities outweighed the risks. ' Mayor Azari noted when the item is presented for second reading, an itemized list of line items would be attached. She stated tax information would also be available on the public facade. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 117, 1993, Authorizing the Disposition of Certain Real Property Known as the Cunningham Corner Barn Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Council adopted Resolution 93-103 on July 6 which determined that it was in the best interest of the citizens of Fort Collins to move the Cunningham Corner Barn (the "Barn") to private property, so as to ensure its preservation, and that the relocation of the Barn would be funded from the Historic Preservation Account within the Capital Projects Fund. Acceptable bids for the move and the foundation have been received for a total cost of $16,450. There may be some minimal additional cost for raising power lines or traffic signals. The expense ' to the Historic Preservation Account is not expected to exceed $20,000. The City has also applied for grant money from the State Historic Preservation Fund that could be used for the relocation. Adequate money was appropriated in the 1993 Budget for this expense. Resolution 93-103 specified that: 1) the Barn be relocated to private property within the Urban Growth Area; 2) an RFP be issued to identify those parties interested in obtaining the Barn for private use and to select an appropriate site for the Barn; and 3) the relocation of the Barn be funded from the Historic Preservation Account within the Capital Projects Fund. The RFP was issued and the committee reviewing the proposals rated the one submitted by Doug and Patti Leidholt as the best. Adoption of the Ordinance authorizes the relocation of the Cunningham Corner Barn to private property owned by the Leidholts. BACKGROUND: The Cunningham Corner Barn is situated at the intersection of Shields Street and Horsetooth Road, a property acquired by the City in lieu of the foreclosure of an SID lien. The Landmark Preservation Commission included the barn in the "Fort Collins Survey of Historic Places, 1992" and told staff it was concerned about finding options for the barn's restoration. In May of 1992, the City issued a Request for Proposal (RFP) for the removal and restoration or demolition of the barn. It was hoped that a reasonable offer would be presented where the barn would be ' moved to a location within the City limits and restored for personal or public 310 October 5, 1993 use. Only two bids were received for restoration of the barn. One was rejected because the barn was to be dismantled and stored on private property until a suitable location was purchased and the other would have moved the barn to a site outside the City limits at a cost to the City of more than $30,000. Another RFP, this time for the sale of the entire tract plus the barn, was sent out in August. Two bids were received. Both were rejected because the amounts offered ($35,000 and $30,000) were far below the appraised value and the special assessment debt on the property. Only one bid included restoration of the barn. In February of 1993 staff rejected an offer of $102,500 for the property and in May an offer of $75,000 because of the low amount. The lower bid included restoration and use of the barn. On July 20, 1993, the Council adopted Ordinance 79, 1993, which approved the sale of the Cunningham Corner property to Shields Street Corporation. A condition of that sale was the removal of the Barn within sixty days of closing. The options considered by the Council were: 1) Moving the Barn to City property for restoration and public use; 2) Moving the Barn to private property for restoration and private use; and 3) Demolition of the Barn. The Council approved Resolution 93-103 which directed staff to issue an RFP to find an appropriate home for the Barn on private property and authorized the expenditure of up to $20,000 for the relocation. Sumnary of Proposals Three offers were presented and rated by a committee that included Ruth Weatherford of the Landmark Preservation Commission. Doug and Patti Leidholt were determined to have the best proposal. Their site is 114 mile south of the present location and the Barn will be visible from Shields Street. The Leidholts' intended use is: A barn for horses and hay storage and as a showplace for 1920's agriculture. Our (the Leidholts) intention is to use the front half of the barn facing Shields as a showplace with the barn as it was in the 1920's and finding old agriculture implements for people to see. Landmark Preservation Commission The Landmark Preservation Commission discussed the final disposition of the Barn at several meetings. A letter from the Commission is included as part of this summary. The Commission submitted grant applications which, if accepted, should provide five thousand dollars for the relocation. Cost of the Move Acceptable bids for the move and a foundation have been received for a total cost of $16,450. There may be some minimal additional expense for raising power lines or traffic signals. The total expenditure is not expected to exceed $20,000. Adequate money was appropriated in 1993 in the Historic Preservation Account for this expense. I Options If the Council does not adopt this Ordinance, there are three options available: 311 October 5, 1993 1) Award the Barn relocation to another one of the bidders. Approximate cost is likely to be higher than the $16,450 bid for the Leidholt move because the Barn would need to be moved a greater distance. ' 2) Move the Barn to a City -owned property and restore and renovate it for public use. Approximate cost is $80,000 which does not include ongoing operation and maintenance expense. There may be grant monies available to the City for the relocation and restoration but the only City funding source is the Historic Preservation Account which has current balance of $160,000. 3) Demolish the Barn and remove the remains from the site. Approximate cost of $8,000. This option is contrary to the recommendations of the Landmark Preservation Commission which believes the Barn to be significant historic value. Financial Policy Analyst Susanne Edminster gave a brief presentation on this item. Councilmember Winokur made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 117, 1993 on First Reading. Jennifer Carpenter, Landmark Preservation Commission Chairperson, stated the Landmark Preservation Commission wanted to wait until they heard from the State regarding the grant money before funds would be expended. She clarified the use of historic funds for this purpose was consistent with the Historic Preservation Plan. City Attorney Steve Roy stated he could include language in the agreement to allow for provisions in the event the conditions of the agreement are not met ' during the term. Edminster spoke of the agreement's terms and time limitations. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. Items Pertaining to the Sale of Colorado Land Source, Ltd. of Real Property Described The following is staff's memorandum on this item. 'FINANCIAL IMPACT The real property and tax certificates were acquired by the City in satisfaction of City liens for special assessments. A breakdown of the application of the proceeds for the proposed sale is included in the body of this agenda item summary. 312 October 5, 1993 EXECUTIVE SUMMARY ' A. Second Reading of Ordinance No. 102, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Real Property Described as Tract A of the Fairbrooke Special Improvement District. B. First Reading of Ordinance No. 118, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Real Property Described as Tract A of the Fairbrooke SID and Tax Sale Certificates of Purchase for Lots I Through 25, Inclusive, Block 1, and Lots I Through 16, Inclusive, Block 2, Brittany Knolls PUD, First Filing. On September 7, 1993, the Counci 1 adopted Ordinance No. 102, 1993, which provided for the sale of Tract A of the Fairbrooke SID ("Tract A") to Colorado Land Source, Ltd. with the stipulation that the sales agreement not contain any contingency based on approval of land use by the Planning and Zoning Board. In response to this new stipulation, Colorado Land Source, Ltd. submitted a new sales agreement. The new agreement eliminates the Planning and Zoning Board contingency for the sale of Tract A and includes the purchase of tax certificates held by the City on forty-one lots in the Brittany Knolls PUD. Since the revised agreement is substantively different from the original and because the amount offered for the tax certificates is less than their face value, it is necessary for the Council to adopt a new ordinance that authorizes the sale of Tract A and the tax certificates of purchase. BACKGROUND: 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 - assessments on Tracts A, D, G & H. Tax certificates were issued to the City on those parcels and the City obtained treasurer's deeds to them in 1992. The City offered Tract A 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 equal to the appraised value of the land. The tax certificates are for special assessments due for the Province towne/Portner SID #81 and South Lemay SID #86. They are held on forty- one platted single-family residential lots owned by DCB Investments of Dallas, Texas. The City approached the owner at the beginning of this year in an attempt to negotiate a deed in lieu of foreclosure. Difficulties in communication have been complicated by the fact that a bank in Texas also holds a lien on the property. A deed in lieu of foreclosure can only be obtained if all junior lienholders agree -to the transaction. Negotiations with the owner and the lienholder are at an impasse and the only routes available for the City to obtain title to the property are through a treasurer's deed application or judicial foreclosure. Offer from Colorado Land Source, Ltd. Tract A I Colorado Land Source, Ltd. intends to develop Tract A as single-family detached residential homes with a density of not less than four (4) units per acre. The 313 October 5, 1993 offering price of $300,000 is equal to the appraised value of the land. Closing will take place as soon as the City can convey marketable title which is estimated to be July of 1994. This depends on completion of the quiet title ' action and expiration of a six-month time period to satisfy title requirements. The following is an itemization of the remaining assessment lien and City costs on Tract A: Assessment Lien: Tract A Principal $296,284 Interest (to 611194) 185,123 Total $481,407 Costs: General Taxes 35,582 Title Policy and other 1,825 Total $ 37,407 Total A11 Costs: $518.814 In order to evaluate the offer, 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: $ 27,893 To recover P & 1: 25,882 Per appraisal: 16,129 Current offer: $ 16,129 Net offer: $ 15,322 (After payment of real estate commission.) Contingencies The sale of Tract A is subject to four contingencies: 1) the City's completion of the quiet title action and ability to convey marketable title to the purchaser; 2) the approval by City Council of the agreement for sale; 3) the purchaser securing a first purchase money mortgage loan within ninety days after Council approves the agreement for sale; and 4) the City and the purchaser closing on the sale of the tax certificates. The City is also required to pay a real estate commission of $15,000 at the time of closing. This puts the net payment to the City at $15,322/ac. 314 October 5, 1993 Tax Certificates of Purchase In November of 1989, forty-one lots in the Brittany Knolls PUD (see attached map) ' were offered for sale at the Larimer County Treasurer's annual tax sale. No private investor purchased any of the certificates and so they were issued to the City. These certificates repassessments due in the resent special Provincetowne/Portner SID #81 and South Lemay SID #86. The City also purchased tax certificates for general taxes on thirty of these lots to avoid having to Payoff private investors. Unfortunately, the County did not sell the genera) tax certificates and the special assessment certificates together, so the City was unable to obtain the general tax certificates for all forty-one lots. Summary of Outstanding Debt on the Property Principal Outstanding on the Property $176 256 Interest Paid to 1211193 126,218 General Tax Certificates Purchased by the City 10,194 Weed and Rubbish Removal 4.737 Total $317,405 Face Value of Tax Certificates (This includes principal, interest to the date Of tax sale, plus investor's interest at 16Y per year): .$412,385 Price per Acre To recover all costs: $ 30,229 To recover P & I: 28,807 Per appraisal: 16,000 Current offer: $ 16,000 Net offer: 14,964 (The terms of the agreement provide that the City will pay the general tax certificates held by private investors at a cost of $10,880. The offer received by the City for the certificates is $168,000, which is equal to the appraised value of the property. So, the net amount to the City would be $157,120.) Analysis of Sale of Tax Certificates PRO I. City does not have to foreclose on the tax certificates. This saves time (6- 9 months) and the expense of the court action ($2,500 plus $11,700 of interest which accrued at $13,000/mo). $14,200 2. City does not have to pay general taxes for 1993 and 1994 $12,500 3. City does not have to expend staff time marketing the property. 315 October 5, 1993 CON 1. City does not have the opportunity to market the property. Sale of property ' will likely generate more interest than sale of tax certificates since potential buyers are reluctant to assume the legal risks often associated with purchasing a tax certificate and the delays in acquiring title. 2. City's payment of tax certificates held by private investors is deducted from the proceeds of the sale. $10,880 (City would have to pay this amount in any event to obtain clear title to the property.) OPTIONS 1. Approve. The Council can adopt Ordinance No. 1993 and approve the sale of Tract A of Fairbrooke and the tax certificates of purchase on the DCB property as the sales agreement is currently written. 2. Amend. The Council can adopt Ordinance No. 1993 with changes to the agreement as currently written. Staff would then present the revised agreement as currently written. Staff would then present the revised agreement to the buyer. The buyer would have the opportunity to reject or counteroffer. 3. Reject. The Council can fail to pass or take no action on the Ordinance. Staff would then continue to market Tract A and would begin foreclosure on the tax certificates for the DCB property. Notice Requirements/Obligation to Bondholders As required in Section 23-111(c) of the Code, the City has published notice of ' the Council's intent to discuss the sale of these certificates and provided written notice to interested parties. In order to insure that the sale does not harm the interests of the bondholders, the Ordinance contains a provision whereby the difference ($19,136) in the amount of principal due ($176,256) and the net offer ($157,120) will be appropriated from the Reserve for Special Assessments and placed in the bond fund. Since the interests of the bondholders will not be harmed, there is no need to notify each bondholder of the proposed sale. Recommendation Several Councilmembers have raised the issue whether appraised value sales are actually the best price obtainable for special assessment properties. The DCB property is a good example of the difference between selling raw land versus developed lots. The raw land is worth $16,000/ac and lots in the area are selling for $28,000 each. A good estimate of development costs for the DCB property is $300,000-400,000 for leveling land, building streets, extending utility lines, and landscaping. Some time ago the Council Finance Committee considered whether the City should enter the development business in an effort to maximize the sales price of special assessment property. The answer was "no". Given this direction staff believes that this is the best price obtainable for the properties and recommends that Council approve the Ordinance." Financial Policy Analyst Susanne Edminster gave a brief presentation on the item ' and outlined available options. She clarified for Council the Brittany Knolls property was in the Poudre R-1 School District. 316 October 5, 1993 Edminster stated proceeds would be applied to the principal and spoke of the ' shortages in recouping the costs on the properties. City Manager Steve Burkett spoke of the options associated with denying the proposal. Councilmember Kneeland suggested more information be provided regarding the appraisal process. City Attorney Steve Roy spoke of the options for accepting and/or rejecting the Ordinance. Mayor Azari stated because no motion was presented, discussion on the item was closed. NO ACTION TAKEN. Items Revising Policies and Procedures for the Sale of Special Improvement District Property The following is staff's memorandum on this item. "FINANCIAL IMPACT Implementation of the revised policies may result in a decrease in the number of buyers interested in purchasing foreclosed special assessment properties. EXECUTIVE SUMMARY A. Resolution 93-146 Amending the City of Fort Collins Sales Policy for Property Acquired Through or in Lieu of Special Assessment Foreclosure Processes (the "Sales Policy"). B. First Reading of Ordinance No. 119, 1993, Amending Section 23-111 of the Code. Adoption of the Ordinance would amend the City Code to authorize the City Manager to approve the sale of real property that the City acquired through or in iieu of the foreclosure of a special assessment lien. Currently, the City Council must authorize such sales by ordinance. Adoption of the Resolution would amend the Sales Policy so that the City would not accept any sales contracts that include a specific contingency based on approval of the Planning and Zoning Board for land use. BACKGROUND: The City has acquired or is in the process of acquiring a considerable amount of real property in satisfaction of the City's liens for special assessments. The gross acreage foreclosed is expected to be greater than 550. In May of 1992, the Council adopted Resolution 92-91 which established policies for the reselling of such property. After a year of experience in marketing this land, the City has received input from realtors and developers regarding the process. One recurring criticism is the time spent taking the sales agreement to the full Council and 317 October 5, 1993 having to wait a month or more to finalize the sale. As a practical matter, it is critical that the City be able to respond quickly to sales offers. Having to wait for two readings of an ordinance is a deterrent to prospective buyers. ' Adoption of the Ordinance presented for Council's consideration would authorize the City Manager to finalize the sale of special assessment property within the guidelines set forth in the Sales Policy and would eliminate the one month delay in presenting each sale for Council approval. Council has also expressed concern about a perceived conflict of interest if the Council has to "wear two hats" by first approving a contract for sale which has a land use approval contingency and then hearing an appeal of a Planning and Zoning decision on the proposed land use for the property. The Resolution amending the Sales Policy would bar such contingencies from sales contracts. Staff believes that adopting this policy would reduce the number of buyers for special assessment properties because the buyer will perceive a greater risk in purchasing property before there is acceptance of a proposed land use. Options/Impacts Ordinance No. 119, 1993 Adopt the Ordinance Amend the City Code to authorize the City Manager to approve the sale of real property that the City acquired through or in lieu of the foreclosure of special assessment liens. Pros: Streamlines the review process necessary to finalize sales agreements and allows the City to move quickly to take advantage of favorable market conditions. I Cons: Removes the Council from direct involvement in the sales of special assessment properties. The Council will remain involved by establishing the sales policies that are the guidelines for the sales agreements. Defeat or fail to adopt the Ordinance The Council would be required to approve all special assessment property sales by ordinance. Pros: Maintains Council's direct involvement in the decision to sell special improvement district properties. Cons: A. Adds a month or more to the process of accepting proposed sales agreements. B. Prevents the City from responding quickly to favorable market conditions. Resolution 93-146 Adopt the Resolution Amend the Sales Policy so that the City would not accept I any sales contracts that include a specific contingency based on approval of land use by the Planning and Zoning Board. 0U" October 5, 1993 Pros: ' A. Provides a separation between the sales agreement and the land use decision. Cons: A. Presents a greater risk to the proposed buyer and may reduce the number of buyers willing to pay full price for the land. B. Makes the City's sales contracts different from the rest of the marketplace. Defeat or fail to adopt the Resolution The sales agreement would allow contingencies based on Planning and Zoning approval. Pros: A. Maintains the ability of a proposed buyer to ensure before the sales is final that the desired land use is acceptable on the site. B. Aligns City sales agreements with agreements customary in the market. Cons: A. Creates the potential of a situation where the Council is agreeing to property sales contingent upon the actions of the Planning and Zoning Board which ' it appoints and from which it must hear appeals." City Manager Steve Burkett gave a brief description on this item. He spoke of a proposed change in the sales policy allowing staff to sell the property within the guidelines of the policies adopted by Council. He stated the change would speed up the process, making it more efficient and businesslike. Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Resolution 93-146. Councilmember Kneeland spoke of the intent of the Finance Committee. Mayor Azari thanked the Finance Committee for their efforts. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. THE MOTION CARRIED. Mayor Azari clarified there was no recommendation by the Finance Committee on Ordinance No. 119, 1993. City Manager Steve Burkett stated adopting Ordinance No. 119, 1993 would allow staff to sell the property more efficiently under the guidelines adopted by Council. ' City Manager Steve Burkett clarified previous Council adopted policies would be used. 319 October 5, 1993 Councilmember Winokur stated citizen and board and commission input would be left out of the decision -making process if the Ordinance were adopted. Councilmember Kneeland stated she wanted to review the options available and the role boards and commissions would possess under the proposed option. She clarified the Finance Committee did not have adequate time to review the options and requested the item be brought back to the Finance Committee for further review. Mayor Azari suggested no action be taken on Ordinance No. 119; 1993 and to bring it back to the Finance Committee for further discussion and recommendation. Councilmember Winokur clarified Council would receive financial policy recommendations. NO ACTION TAKEN. Items Related to the Purchase of 173 Acres of Land for a Southwest Community Park/Youth Sports Complex and for Public Natural Areas, Adopted The following is staff's memorandum on this item. "FINANCIAL IMPACT The 173 acre parcel is being offered for $1,425,000 which is $8,237 per acre. Natural Resources share is $560,000, Parks and Recreation's share is $865,000. Monies will be advanced from the Street Oversizing reserves (the portion funded by General Fund transfers) to cover the Parks and Recreation share. The advance from the Street Oversizing fund will be returned in 1996 when proceeds from the dedicated 114 cent sales and use tax levy are available. In addition to the advance of $865,000, Choices 95 will pay the same rate of interest that the funds would have earned during the two year period. (This is not expected to exceed 7Y per year, or $121,100 for the two-year period.) The Choices 95 estimated cost for this project is $1,440,000. This offers a savings to the total Choices 95 funding plan of $453,900. This is a use of reserves to acquire an asset, therefore, there are no immediate effects due to Section 20 of Article X (Amendment 1). EXECUTIVE SUMMARY A. Resolution 93-147 Authorizing the Purchase of 173 Acres of Land for a Site for a Southwest Community Park/Youth Sports Complex, and for Public Natural Areas. B. First Reading of Ordinance No. 121, 1993, Advancing Funds in the Street Oversizing Fund to the Capital Projects Fund for the Purchase of the Southwest Community Park/Youth Sports Complex. 1 Staff has negotiated a purchase and sale agreement to acquire 173 acres of land for $1,425,000. Of this total, 70 acres would be acquired for public natural areas for $560,000 using funds appropriated in the Capital Projects Fund from the I proceeds of the 114 cent Natural Areas Sales Tax. Ongoing maintenance, estimated at $2,628/year, would also be funded from this source. 320 October 5, 1993 The remaining 103 acres would be acquired as the site for the Southwest Community ' Park/Youth Sports Complex for $865,000. The purchase would ultimately be paid for by the proceeds of the Choices 95 Sales Tax. However, since the Choices 95 funding for the park site acquisition is not programmed until 1996, staff proposes a two-year "loan" from the Street Oversizing Fund to complete the acquisition now. Interest would be paid to the Street Oversizing Fund at the same rate as would otherwise be earned on monies if they remained in the Street Oversizing Fund. (Estimated at up to 7Y annually, or $121,100 for the two-year period.) The Choices 95 estimated cost for the Southwest Community Park/Youth Sports Complex was $1,440,000. Acquisition of this parcel at this time offers a savings of $453,900 to the total Choices 95 program: Choices 95 Budgeted Amount $1,440,000 Cost of 103 Acres-865,000 Interest Costs-121,100 $ 453,900 Resolution 93-147 authorizes the purchase of 173 acres of land in southwest Fort Collins; 103 acres for the.site for the future Southwest Community Park/Youth Sports Complex and 70 acres as a public natural area. This acquisition furthers the adopted goals and objectives of the Natural Areas Policy Plan and the Parks and Recreation Master Plan. Ordinance No. 121, 1993 advances funds from the Street Oversizing Fund to the Capital Projects Fund and appropriates monies in the Capital Projects Fund to ' allow acquisition of the park site at this time. This transaction is a two-year "loan" from the Street Oversizing Fund that would be repaid, with interest, when the proceeds for this purpose from the Choices 95 program are received in 1996. BACKGROUND: Location. Staff has negotiated a purchase and sale agreement with David and Mary Whitham to purchase 173 acres of undeveloped land in southwest Fort Collins (attached map). The land includes approximately 103 acres of agricultural land and 70 acres of natural area on the eastern face of the first hogback west of the City. The land has been advertised for sale for some time and is adjacent to the Quail Hollow and Quail Ridge developments. The lower agricultural land is developable under the proposed RLP zoning (residential). The upper portion of the parcel is developable under the Foothills Zone (residential). Park Site. The Parks and Recreation Master Plan includes the future development of a Southwest Community Park/Youth Sports Complex; funding for acquisition of a 70 to 100 acre site was included among the capital projects to be funded through the Choices 95 sales tax. Staff has evaluated 13 parcels of land that would be large enough for this purpose and concluded that this site is the best location for this park. The Spring Creek Trail would be extended through this site to eventually link the Fossil Creek Trail on the Cathy Fromme Prairie, farther to the south. Natural Areas Site. The Natural Areas Policy Plan set an objective of , establishing a system of publicly -owned natural areas to protect the integrity rYlal October 5, 1993 of critical conservation sites, protect corridors, and preserve outstanding examples of our diverse natural heritage and to provide opportunities for educational and recreational programs. This 70-acre parcel is one of several I that staff has been working to acquire to "block up" the eastern face of the hogback adjacent to the Pine Ridge Open Space. The area is one of the most significant natural areas in Fort Collins and provides a high quality example of the foothills grassland and shrubland ecological communities. 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 Bell's twinpod, and several rare butterflies and is used by bald eagles and other birds of prey. In addition to its habitat value, the site forms part of the scenic backdrop to the southern portion of the City. Overland Trail Road Extension. The extension of Overland Trail Road is planned to go through the property, approximately at the base of the natural area portion of the site. Board and Commission Review. The Natural Resources Board and Parks and Recreation Board endorsed the natural area portion of the site as a high priority acquisition site during June 1993. Both boards unanimously recommended acquisition of the site during a joint meeting on September 15, 1993. The Parks and Recreation Board reviewed the proposed park site acquisition on September 22, 1993 and unanimously recommended that Council approve the acquisition. In the past, Council has supported the concept of pay as you go within the ' Choices 95 fund. This purchase presents a unique opportunity to leverage money from two sources (Natural Areas Fund and Choices 95), buy a portion of land uniquely suited to a community park and youth sports complex, and ultimately save money. This opportunity would most likely be missed if we wait until 1996 when the Choices 95 dollars are available as planned. This land would most likely be sold prior to 1996 for other purposes." Director of Cultural, Library and Recreational Services Mike Powers gave a presentation on this item. He spoke of financing for the proposed project and stated savings would be approximately $450,000. Councilmember Apt requested clarification regarding the cost of annual park maintenance. Natural Resources Director Tom Shoemaker stated longterm maintenance is an estimated $36 per acre annually for natural areas. He stated in the past Council has directed staff to reserve funds from the proceeds of the 1/4 cent sales tax to fund longterm maintenance for the natural areas. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Resolution 93-147. Finance Director Alan Krcmarik stated the source of repayment would be acquired ' from the revenue generated by the 1/4 cent sales tax for the Choices 95 projects. 322 October 5, 1993 City Manager Steve Burkett stated the project is a community park therefore it ' would not be part of the parkland fund or fees. He spoke of the difference between community parks and neighborhood parks. Cultural, Library and Recreational Services Director Mike Powers spoke of the options available for the park. He stated it could continue being farmed or it could be operated as a natural area. Valerie Favel, 2812 Calendar Court, spoke in support of the motion. City Manager Steve Burkett spoke of the reasons for purchasing the property. Councilmember Kneeland spoke in support of the motion and suggested citizens be informed that the property will be used for a park and not an open space area. City Manager Steve Burkett clarified the project would not jeopardize the Eastside Park construction and noted the Eastside Park item would be on the next agenda. Councilmember Horak expressed concerns regarding how the sports complex would coincide with the abutting natural area. Councilmember Winokur stated it was important to make citizens aware from the beginning that a youth sports complex will be built on the site. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. ' THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 121 on First Reading. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays: None. 1f laTU14IBNlitl]aIH 144 Other Business Councilmember Kneeland spoke of Governance Committee issues and requested a worksession on the issues be held. Mayor Azari stated a worksession has been scheduled so that Council can discuss governance issues and processes. 323 October 5, 1993 Ad3ournment The meeting adjourned at 12:50 a.m. ATTEST: �,��,�j %/�1citt-c-a klff4 City Cle 324 Mayor