HomeMy WebLinkAboutMINUTES-10/19/1993-RegularOctober 19, 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 19, 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, McCluskey, and Winokur.
Staff Members Present: Burkett, Krajicek and Roy.
Citizen Participation
Steve Annear, member of COD, introduced the recipients of the Mayor's Awards.
Mayor Azari and Councilmember Apt presented the plaques to the individual
recipients.
Gail Cotton, Chairperson of Facilities Committee for Crossroads Safe House,
requested the City to waive $15,000 in development fees for an addition to the
existing structure.
Al Baccili, 520 Galaxy Court, asked what the timeframe was for reducing the 50
cent fee for the E-911 telephone line.
' Paul Corzatt, member of Crossroads Safe House Board, requested that development
fees for the addition to the Crossroads Safe House structure be waived. He
stated the facility is owned by the City and would benefit the City's capital
worth.
Joe Hadden, member of Crossroads Safe House Board, stated the children's program
is the fastest growing program in the Safe House. He stated there is no
children's counseling room and the playroom is fairly small. He suggested the
City waive the development fees so the Safe House can complete the addition.
Citizen Participation Follow-up
Councilmember Kneeland requested a two page memo on what options the City could
take to waive the development fees on the Crossroads Safe House.
City Manager Burkett believed there are several options and a memo will be
prepared for Council.
Mayor Azari stated she would research and submit an update to Council and the
public on the E-911 project.
October 19, 1993 '
Agenda Review
City Manager Burkett stated Item #21, on the Consent Calendar, is a public
hearing and may be pulled by any member of the audience. He stated Item #41's
Ordinance should read Ordinance No. 140, 1993 rather than Ordinance No. 160,
1993.
Councilmember Apt requested that Item #21, Public Hearing and Resolution 93-150
Adopting the Integrated Resource Planning (IRP) Standard Pursuant to the
Comprehensive National Energy Policy Act of 1992 and Resolution 93-151
Authorizing the Development and Implementation of an Electric Utility Integrated
Resource Plan, be withdrawn from the Consent Agenda.
Councilmember Janett request that Item #16, Ordinance No. 120, 1993, Approving
an Intergovernmental Agreement Between the City and the Downtown Development
Authority, Transferring Funds and Appropriating Additional Funds for Improvements
to the Linden Block, 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 I
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #31, Pulled
Consent Items.
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Consideration of the minutes of the regular meetings of September 7 and
21.
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.
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October 19, 1993
' 9. Second Reading of Ordinance No. 109, 1993, Appropriating Funds and
Authorizing the Purchase of Certain Downtown Properties Owned by Trillium
Corporation.
10.
11.
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 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.
This Ordinance, which was unanimously adopted on First Reading on October
5, rezones 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.
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"). On
October 5, 1993, the Council adopted Ordinance No. 111, 1993 on First
Reading granting an extension of the date of closing to March 15, 1994.
The purpose of the extension was to allow for securing of financing for
the project, which was a contingency in the sales agreement. This
Ordinance has been changed on Second Reading to revise the closing date to
March 31, 1994. This was necessary because Colorado Housing and Finance
Authority (CHFA) changed its meeting date from mid -February to March 24,
1994. Consideration by CHFA for low-income housing tax credits is a
critical piece of the financing of the project to be built by Shields
Street on the site.
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12.
October 19, 1993 '
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.
13. Second Reading of Ordinance No. 113, 1993, Appropriating Unanticipated
Revenue in the General Fund.
14.
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.
This Ordinance was unanimously adopted on First Reading on October 5, 1993
and a minor amendment has been made on Second Reading to delete the word
"donate" and add the phrase "appropriated for expenditures by."
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. This Ordinance was unanimously adopted on First Reading on
October 5, 1993.
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15.
16.
October 19, 1993
Adoption of the Ordinance authorizes the relocation of the Cunningham
Corner Barn ("the Barn") to private property owned by Doug and Patti
Leidholt. It was adopted unanimously on First Reading on October 5, 1993.
The cost of the move is expected not to exceed $20,000 which expenditure
the Council authorized from the Historic Preservation Account within the
Capital Projects Fund when it adopted Resolution 93-103.
The City has applied for an emergency grant of $5,000 from the Colorado
State Historical Society ("the Historical Society") to be used to defray
a portion of the cost of the move. In order to qualify for the grant,
there must be a perceived need for the funding and the structure must be
designated as a landmark. By adopting this Ordinance, the City Council
will create the need for the relocation of the Barn. The Landmark
Preservation Commission will request landmark designation of the Barn by
Ordinance at the November 2 Council meeting. A representative of the
Historical Society has indicated preliminary approval of the grant
request, but formal action will be taken at a regular meeting on November
10. Announcement of the award will be made on November 17, following
second reading of the landmark designation ordinance.
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.
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17.
ME
October 19, 1993
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 proceeds of the 1/4 cent Natural Areas Sales Tax.
Ongoing maintenance, estimated at $2,628/year, would also be funded from
this source.
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 7% annually, or $121,100 for the two-year period.)
First Reading of Ordinance No. 122, 1993, Appropriating Prior Year
Reserves and Unanticipated Revenue in Various City Funds and Authorizing '
the Transfer of Appropriated Amounts Between Funds and Identifying
Increases in Reserves for Fiscal Year 1993.
This Ordinance provides a method of identifying increases in the fund
balances (reserves) of all City funds. The objective is to provide a
tracking mechanism to aid sound financial management. The 1992 year end
fund balances will be used as the base on which to calculate any
increase(s) in reserves for fiscal 1993.
In addition, this Ordinance also appropriates prior year reserves and
unanticipated revenue in various City funds; and, authorizes the transfer
of appropriated amounts between funds. The City Charter authorizes the
City Council to provide by ordinance for payment of any expense from prior
year reserves. It also authorizes the City Council, after the expiration
of eight months of the budget year, to appropriate by ordinance actual
revenue realized in excess of budget estimates to any purpose recommended
by the City Manager. The Charter also authorizes the City Council to
appropriate unanticipated revenue received. as a result of rate or fee
increases or new revenue sources. Additionally, it authorizes the City
Council to transfer any unexpended appropriated amounts from one fund to
another upon recommendation of the City Manager provided the purpose for
which the transferred funds are to be expended remains unchanged or the
purpose for which they were initially appropriated no longer exists.
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October 19, 1993
19. Items Relating to Traffic Signal Construction on US Highway 287
A. Resolution 93-148 Authorizing the Mayor to Execute Three
Intergovernmental Agreements with the State Department of
Transportation Allocating $185,000 of Unanticipated Revenue for the
Construction of Three Traffic Signals on the State Highway System.
B. First Reading of Ordinance No. 123, 1993, Appropriating
Unanticipated Revenue in the Transportation Division Portion of the
Transportation Fund.
During the spring of 1994 the CDOT has three major projects on US Highway
287 (North College Avenue) that will require the construction or
reconstruction of three traffic signals:
The reconstruction of the bridge over the Poudre River will also
require the reconstruction of the traffic signal at the intersection
of Vine Street and North College Avenue. Estimated cost: $55,000
The reconstruction of the intersection of SH 1 and North College
Avenue (the "Y") will also require the reconstruction of the traffic
signal. Estimated Cost: $50,000
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3. The realignment of North Shields Street and US Highway 287 will
require the construction of a new traffic signal including railroad
signalization work. Estimated Cost: $80,000
The City of Fort Collins Transportation Department has prepared these
estimates based on a full recovery of costs associated with the
construction work. COOT has agreed to these cost estimates.
20. Items Relating to the Purchase of State School Lands within Meadow Springs
Ranch.
Resolution 93-149 Authorizing the Purchase of 7,550 Acres of Land
from Terra Resource Corporation for $755,000.
First Reading of Ordinance No. 124, 1993, Appropriating Prior Year
Reserves in the Wastewater Fund.
This item is in response to a proposal from Craig Harrison that the
Utility purchase all State School Lands presently within Meadow Springs
Ranch. The City Manager.signed a contract for sale on September 7, 1993
which is contingent upon Council approval prior to November 1, 1993. The
resolution approves this purchase agreement and authorizes the purchase.
Ordinance No. 124, 1993 appropriates $755,000 from the Utility's reserves
in the Wastewater Fund for the purchase.
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October 19, 1993
The $755,000 purchase price is expected to be recouped and returned to the
Wastewater Capital Reserve Fund within five years, by sale of other excess
Utility property.
21. Items Relating to Integrated Resource Planning Standards.
22.
A. Public Hearing and Resolution 93-150 Adopting the Integrated
Resource Planning (IRP) Standard Pursuant to the Comprehensive
National Energy Policy Act of 1992.
B. Resolution 93-151 Authorizing the Development and Implementation of
an Electric Utility Integrated Resource Plan.
Sections Ill and 112 of the National Energy Policy Act of 1992 impose two
separate, but related, requirements on the City. Section 111 requires
that the City Council consider adoption of the IRP standard. Sections 111
and 112 require that the City Council determine whether to implement the
IRP.
A. Resolution 93-152 Authorizing the Mayor to Execute an
Intergovernmental Agreement Between the City and the State
Department of Transportation Approving the Law Enforcement
Assistance Fund (LEAF) Contract L-29-94.
First Reading of Ordinance No. 125, 1993, Appropriating
Unanticipated Revenue in the General Fund,for the Police Services
Fort Collins Drunk Driving Enforcement Program.
Police Services has been awarded a grant totalling $75,000 from the
Colorado Department of Transportation, Office of Transportation Safety for
funding a Law Enforcement Assistance Fund project for the prevention of
drunken driving and the enforcement of laws pertaining to driving under
the influence of alcohol or other drugs. Resolution 93-152 authorizes the
Mayor to sign an intergovernmental agreement with the Colorado Department
of Transportation accepting the grant funds and conditions.
23. Items Relating to Amendments to Chanter 17 of the Citv Code and Model
Traffic Code,
A. First Reading of Ordinance No. 126, 1993, Amending Section 28-17(26)
of the Code of the City of Fort Collins Relating to Abandoned
Vehicles Under the "Model Traffic Code for Colorado Municipalities,"
1977 Edition.
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October 19, 1993
B. First Reading of Ordinance No. 127, 1993, Amending Section 17-1 to
Add the Definition of "Thing of Value."
C. First Reading of Ordinance No. 128, 1993, Amending Section 28-17 of
the Code of the City of Fort Collins Relating to the Addition of the
Requirement of Compulsory Insurance for Motor Vehicles Under the
"Model Traffic Code for Colorado Municipalities," 1977 Edition.
D. First Reading of Ordinance No. 129, 1993, Amending Section 28-17(19)
of the Code of the City of Fort Collins Relating to Window
Obstructions and Tinted Windows of Motor Vehicles Under Section 19-4
of the "Model Traffic Code for Colorado Municipalities," 1977
Edition.
E. First Reading of Ordinance No. 130, 1993, Amending Chapter 17 of the
Code of the City of Fort Collins Relating to Miscellaneous Offenses.
Staff recommends that the City amend the definition of abandoned vehicle
in the City Code to include abandoned vehicles on public property; to add
to the City Code the definition of "thing of value" to specifically
include services; to add to the City Code the requirement of compulsory
automobile insurance; to add to the City Code restrictions on tinted
windows; to add to the City Code the violation of complicity; and to add
' to the City Code the corporate responsibility for criminal offenses.
24. Items Pertaining to the Fossil Creek Estates Annexation and Zoning
A. Resolution 93-153 Setting Forth Findings of Fact and Determinations
Regarding the Fossil Creek Estates Annexation.
B. Hearing and First Reading of Ordinance No. 131, 1993, Annexing
Approximately 31.12 Acres, Known as the Fossil Creek Estates
Annexation.
C. Hearing and First Reading of Ordinance No. 132, 1993, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Fossil Creek Estates Annexation to the City of Fort
Collins, Colorado.
This is a request to annex and zone approximately 31.12 acres located west
of South Shields Street approximately one mile south of Harmony Road,
approximately 1/4 mile west of the southwest corner of South Shields
Street and Fossil Creek Drive (extended). The annexation consists of one
parcel of land under single ownership. The property is currently vacant
and zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low
Density Planned Residential, with a Planned Unit Development (PUD)
' condition. This is a voluntary annexation.
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25. Items Relating to the Kirschner Annexation and Zoning.
26.
October 19, 1993
Resolution 93-154 Setting Forth Findings of Fact and Determinations
Regarding the Kirschner Annexation.
Hearing and First Reading of Ordinance No. 133, 1993, Annexing
Approximately 72.6 Acres, Known as the Kirschner Annexation.
C. Hearing and First Reading of Ordinance No. 134, 1993, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Kirschner Annexation to the City of Fort Collins,
Colorado.
This is a request to annex and zone approximately 72.6 acres, located at
the southeast corner of I-25 and East Vine Drive. The property is
currently zoned FA-1, Farming in the County. This is a voluntary
annexation. The requested zoning is IL, Limited Industrial, with a PUD
condition.
The applicant and property owner, Ronald J. Carey, General Manager, Poudre '
Valley Rural Electric Association, has submitted a written petition
requesting annexation.of approximately 9.4 acres, located west of College
Avenue and south of Harmony Road, south of the Arbor Plaza Shopping Center
(Wal-Mart).
The proposed resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should bed established regarding the annexation, and directs that notice
to be given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty
days of prior notice is required by Colorado law.
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort Collins and
Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT
COLLINS URBAN GROWTH AREA, the City will consider the annexation property
in the UGA when the property is eligible for annexation according to state
law. The property gains the required 1/6 contiguity to existing city
limits from a common boundaries with the Arbor Commercial Annexation to
the north and the Fairway Estates Business Annexation to the east.
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October 19, 1993
27. Resolution 93-156 Amending Resolution 93-106 Approving Certain Documents
Relating to the Opera House Project.
On July 6, 1993, Council approved Resolution 93-106 which approved changes
to the Opera House Project ("the Project") Industrial Development Revenue
Bonds. The approved changes would allow the Project financing to be
restructured, lowering annual debt service costs, and this, in turn, would
increase the probability that the retail and office space within the
Project may be leased.
The approvals contained in Sections 1 and 2 of Resolution 93-106 are
expressly contingent upon the City Council's subsequent approval of an
intergovernmental agreement to be executed by the City, the Downtown
Development Authority, the Bondholders and all other parties having a
recorded interest in the Project. This agreement is to address the level
of tenant finish, parking facilities for the Project, levels of tax
revenues and others to protect the interests of the City. The original
deadline for completion of and Council approval of the agreement was set
for August 3, 1993, which deadline was extended by Resolutions 93-114, 93-
119 and 93-136 to August 17, September 21 and October 19, 1993,
respectively. This resolution allows additional time, until November 2,
1993, for approval of the intergovernmental agreement.
' While progress has been made on the intergovernmental agreement, staff
does not believe that portions of the agreement will be finalized in time
for the October 19 meeting. The additional time should be long enough to
finish up the negotiations and the intergovernmental agreement.
28. Resolution 93-157 Amending the Guidelines for the Cultural Development and
Programming Account (Fort Fund).
At the August 25, 1993 meeting of the Cultural Resources Board, the Board
voted to recommend the following changes to the guidelines for the
Cultural Development and Programming Account (Fort Fund).
1. The first three paragraphs should be amended to more clearly
state the purpose and objectives of Fort Fund. This change
does not alter the intent or objectives of Fort Fund.
2. The limitation on the number of years that events may receive
non -reimbursable funding should be deleted and replaced with
new funding limits.
3. A funding limit of $5,000 per calendar year, per event and or
organization should be inserted in place of the three-year
restriction to more equally disburse funds.
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29.
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October 19, 1993
Funding criteria should be added to help the cultural
resources board make decisions when considering events for
funding.
5. The requirement that an event publish a statement that it is
supported by Fort Fund in recognition of its public benefit
should be replaced by a requirement that event advertising
include the City's Fort Fund logo.
The proposed Resolution would authorize the execution of an Agreement
governing the maintenance and management of Old Town Plaza and the level
of tax increment revenues that will be generated by the Old Town Project
over the next five years. This Agreement would replace a previous
agreement executed in 1983. In addition to a series of provisions
relating to the maintenance, repair and replacement of improvements within
the plaza and adjacent public rights -of -way, the Agreement would obligate
the owners of the Old Town properties to guarantee a certain level of tax
increment revenues to be generated by the assessment of their properties
by (1) annually certifying to the County, for a period of five (5) years,
an actual property value of $4,472,586 and (2) guaranteeing annual tax
increment revenues from the project in the amount of $115,667.
Routine Deeds and Easements.
Powerline Easement from Mabel K. Hixson, 416 Locust Street, needed
to underground existing overhead electric services. Monetary
consideration: $10.
Powerline Easement from William H. and Lola M. Funke, 1312 Alford
Street, needed to install a new streetlight. Monetary
consideration: $10.
Powerline Easement from Robert A. and Lynn L. Young, 1601 Sheely
Drive, needed to install underground electric vault to underground
existing overhead electric services. Monetary consideration: $10.
Powerline Easement from Danny J. and Nancy S. Bailey, 1825 Longworth
Road, needed to underground existing overhead electric services.
Monetary consideration: $10.
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October 19, 1993
e. Powerline Easement from Tami L. Schneck, 825 Whedbee Street, needed
to underground existing overhead electric services. Monetary
consideration: $10.
f. Powerline Easement from Joan M. Avens, 2704 Meadowlark, needed to
install a new streetlight. Monetary consideration: $10.
g. Powerline Easement from Lisa A. Heckerman, 215 S. Whitcomb, needed
to install a new streetlight. Monetary consideration: $10.
h. Powerline Easement from Byrd and Dorothy Curtis, 621 W. Prospect,
needed to install underground electric vault to underground existing
overhead electric services. Monetary consideration: $48.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of
Code Pertaining t
9. Second Reading c
Authorizing the Pi
Corporation.
10.
11.
12.
Second
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Reserves and Unani
Fund.
13.
Second
Reading
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Revenue
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14.
Second
Reading
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Revenue
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Literacy
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Second
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17.
October 19, 1993
Second Reading of Ordinance No. 120, 1993, Approving an Intergovernmental
Agreement Between the City and the Downtown Development Authority,
Transferring Funds and Appropriating Additional Funds for Improvements to
the Linden Block.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
19.
20. First Reading of Ordinance No. 124, 1993, Appropriating Prior Year
Reserves in the Wastewater Fund.
22.
23
First Reading of Ordinance No. 125, 1993, Appropriating Unanticipated
Revenue in the General Fund for the Police Services Fort Collins Drunk
Driving Enforcement Program.
Items Relating to Amendments to Chapter 17 of the City Code and Model
Traffic Code.
A. First Reading of Ordinance No. 126, 1993, Amending Section 28-17(26)
of the Code of the City of Fort Collins Relating to Abandoned
Vehicles Under the "Model Traffic Code for Colorado Municipalities,"
1977 Edition.
B. First Reading of Ordinance No. 127, 1993, Amending Section 17-1 to
Add the Definition of "Thing of Value."
C. First Reading of Ordinance No. 128, 1993, Amending Section 28-17 of
the Code of the City of Fort Collins Relating to the Addition of the
Requirement of Compulsory Insurance for Motor Vehicles Under the
"Model Traffic Code for Colorado Municipalities," 1977 Edition.
D. First Reading of Ordinance No. 129, 1993, Amending Section 28-17(19)
of the Code of the City of Fort Collins Relating to Window
Obstructions and Tinted Windows of Motor Vehicles Under Section 19-4
of the "Model Traffic Code for Colorado Municipalities," 1977
Edition.
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October 19, 1993
E. First Reading of Ordinance No. 130, 1993, Amending Chapter 17 of the
Code of the City of Fort Collins Relating to Miscellaneous Offenses.
24. Items Pertaining to the Fossil Creek Estates Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 131, 1993, Annexing
Approximately 31.12 Acres, Known as the Fossil Creek Estates
Annexation.
Hearing and First Reading of Ordinance No. 132, 1993, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Fossil Creek Estates Annexation to the City of Fort
Collins, Colorado.
25. Items Relating to the Kirschner Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 133, 1993, Annexing
Approximately 72.6 Acres, Known as the Kirschner Annexation.
C. Hearing and First Reading of Ordinance No. 134, 1993, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Kirschner Annexation to the City of Fort Collins,
Colorado.
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmember Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember McCluskey stated the Water Planning Committee and the Water Board
believed it was necessary to plan for the future in regard to the Meadow Springs
Ranch project.
Councilmember Winokur believed the Ordinances adopted under Item #23 are a
commendable step to reducing the incidents of split tickets.
Councilmember Janett invited the residents of Fort Collins to the Growth
Management Seminar which will take place October 21 - 23 at the Holiday Inn. She
stated the subjects are Urban Design, Land Use Transportation and Air Quality,
Impact Fees, and Growth Management. She asked the Council representatives to the
PRPA Board to investigate issues of accountability and if any policies have
' changed in regard to the recent sexual harassment lawsuit.
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October 19, 1993
Mayor Azari reminded everyone of Red Ribbon Week.
Resolution 93-158
Altering the Scope of the
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The project team's recommendation is to make some revisions to the scope of work,
reducing the construction cost by $126,200, and adding $329,800 from excess
Choices 95 revenues above what has been appropriated to date to balance the
construction budget.
If this Resolution is approved, additional appropriations totalling $329,800 will
be" added to the Older Adult Center Capital project budget as part of the 1994
budget process.
EXECUTIVE SUMMARY
On September 15, 1992, Council adopted Resolution 92-149, which gave support to
the interior composition of the new Senior Citizen Center, to include a variety '
of spaces within a 40,000 square -foot facility, costing the City an amount that
would not exceed the project budget.
On September 14, 1993 the bids were opened for construction of this facility.
Five bids were received, and all five exceeded the estimated construction cost
of $3,913,800. The low bidder was $456,000 above this estimate. The project
team believes that the major reason for the difference between the estimated
construction cost and the bids can be attributed to the current market condition
in the construction industry.
The project team members (City staff and the project architects) have developed
and discussed numerous options for resolution of this situation. These options,
outlined below, have been reviewed by staff and by the Senior Advisory Board.
The project team's recommendation is to make some revisions to the scope of work,
reducing the construction cost by $126,200, and adding $329,800 from Choices 95
excess revenues to balance the construction budget. Due to the timing of the
meeting of the Senior Advisory Board, its recommendation is included in a
separate memo.
BACKGROUND:
The new Senior Citizen Center, a Choices 95 project, has been in progress since
1991, when an architect was hired and the Building and Project Teams were formed
to advise City Council on issues surrounding the project. A year was spent '
340
I
October 19, 1993
distributing surveys, holding open houses, and talking to community groups and
individuals to determine the scope and site criteria for this important multi-
faceted project. About six months was spent choosing a location and another six
months completing the conceptual design stage. Final design was completed the
first part of 1993, and the project went to bid this past summer to hire a
contractor. High bids have forced the current delay in construction start.
A fall start date for construction is not ideal. Groundbreaking was originally
scheduled for the spring of 1993. Two previous delays in project phases resulted
in moving that date to the fall. The first schedule change came as a result of
additional time needed to complete discussions in 1991 about the community pool
renovation. The second occurred in 1992 as a result of additional time needed
to choose an appropriate site for this facility.
Purchasing and project staff have reviewed the documents submitted by the
construction firm representing the low bid, Parker GC from Longmont. There is
agreement that this firm is qualified to handle the project. This low bidder,
however, was $456,000 higher than the construction budget.
THE RECOMMENDED OPTION FOR CONSIDERATION:
The Project Team, working with the low bidder, has developed a list of
alterations that will not adversely affect the quality of the facility or the
design intent. These items are changes in features that will not impact the
facility's functionality.
The amount saved through design changes is $126,200. The list of alterations
includes the following:
1) Change the pool filtration system from gutter to skimmer system:
save $25,000.
2) Change plastic laminate lockers to painted metal: save $18,500.
3) Delete wood ceiling in port cochere and replace with painted
surface: save $8,000.
4) Delete skylights in fitness center and pool roof: save $24,700.
5) Delete outdoor pool terrace and re -landscape: save $7,000.
6) Use Colorado native sandstone instead of other: save $43,000.
The source for adding funds to this project is Choices 95 excess revenues. Sales
use tax revenue above projections has been collected in the Choices 95 Fund.
Excess revenue in the Choices 95 Capital Projects Fund is projected by the end
of 1994. The recommended appropriation, totalling $329,800, is requested from
' the excess Choices 95 revenue and will be included in the 1994 Budget.
341
October 19, 1993 '
Additional funding from the Choices 95 Fund for this project is being requested
through the 1994 budget process. The total project budget currently has enough
appropriation to'issue a contract to the construction firm for the bid amount
minus the alterations. Money in line items that won't be spent until later in
the project will be temporarily transferred to the construction line item. This
will allow staff to sign an agreement immediately with the contractor to begin
work on the facility this month. The additional money appropriated from Choices
95 in the 1994 budget will then be returned to those line items. The line items
affected are furniture and fixtures, telephone, construction administration, and
project contingency.
ADVANTAGES:
1. This represents a balanced approach in closing the gap between the
budget and the construction bid price.
2. None of these cuts represent short-term decisions that will cost the
City money in the long run.
3. No facility elements are affected that are critical to the overall
function of the building and to customers' satisfaction with the
facility.
4. Construction can begin this fall as planned.
DISADVANTAGES:
1. The project will cost the taxpayers more than expected, after
already adding money earlier to purchase land.
2. Some citizens may not be in favor of any alterations in the project
scope.
OPTIONS DISCUSSED BUT NOT RECOMMENDED:
1.
ADVANTAGES:
A. Bids may come in lower in the spring, especially given the fact that
the new Denver International Airport will be completed by then, and
the bidding climate may drive bids down.
B. Winter construction, which is typically more costly, would be
avoided.
342
2.
October 19, 1993
C. Poor weather later this fall may create delays anyway.
D. Some interest savings would be realized in the Choices 95 fund by
holding the money longer.
DISADVANTAGES:
A. There are no guarantees that the market would change by spring to be
more favorable for the City. Bids could come in even higher next
spring.
B. The people interested in using this facility would be very
dissatisfied with another delay.
This option would require an addition of $456,000 to the project budget
from the Choices 95 fund. None of the alterations listed in the
recommended option would be made in the scope of the project.
ADVANTAGES:
' A. The current facility design and scope would be maintained.
B. This option would satisfy the public interested in this project.
C. Construction can begin this fall as planned.
DISADVANTAGES:
3.
A. The project would cost more than planned, costing the taxpayers more
money than currently expected.
been identified.
The contractor would frame in and enclose the space for these facilities;
however, they would not be completed as part of this project.
Staff would begin looking for ways to raise the funds necessary for
completing the facility sometime in the future. Two possibilities would
be through private fund-raising or as part of a future City capital
improvements program.
1 343
October 19, 1993 '
ADVANTAGES:
A. This keeps the project within its current Choices 95 budget.
DISADVANTAGES:
A. This delays a major portion of the building construction, which
significantly alters the project scope.
B. This alteration and delay would not be satisfactory to the public
interested in this project.
C. Completing the delayed portion at a future time would probably cost
more in re -design fees and construction.
D. There would be no ongoing operating revenues from drop -in use of
these spaces until theywere added to the project.
4. Permanently cut the overall scope of the project to stay within the
current budget.
Based on the prioritization of building spaces done by the Building Team
in 1991, the areas of lower priority would be the fitness center, pool, '
and locker rooms. This option would require the re -design of all major
building systems, a re -estimation of costs of the remaining work, and a
major revision of the project budget. The current bids would be rejected,
and the project would be re -bid sometime next year when the re -design work
was completed.
ADVANTAGES:
A. This keeps the project within its current Choices 95 budget.
DISADVANTAGES:
A. This option would result in a major change in the design intent.
B. This alteration and delay would not be satisfactory to the public
interested in this project.
C. The City would spend a lot of additional money on re -design fees,
which would further reduce the scope of the project.
D. Ongoing operating revenues projected for this facility would be
substantially less without the capability of collecting drop -in use
fees.
344
October 19, 1993
' White stated the delay would be to the spring of 1995.
City Manager Burkett stated that to reduce the cost of the project by $500,000
the building would need to be redesigned and reconfigured as a 35,000 square foot
structure. He stated the other option would be to maintain the structure at
40,000 square feet and construct the building with less expensive materials. He
stated both options have several disadvantages.
White believed that if the project was rebid, the cost of the project would be
increased. He recommended starting construction as scheduled.
Councilmember Janett asked how many bids were received for this project. She
asked if the high demand for construction played a part in the number of bids
received and if landscaping was part of the overall package. She asked if the
landscaping consisted of xeriscaping.
White stated there were only five bids received because the construction market
at this time is in high demand. He stated the landscaping is included in the
overall package; however, xeriscape design was not specified.
Councilmember Janett asked if the Parks Department would maintain the
landscaping.
City Manager Burkett stated the operating costs of the Center would be in the
' Parks and Recreation budget.
Opal Dick, Senior Buyer for Purchasing, confirmed there were a total of five bids
received.
Councilmember Winokur asked who would approve the change orders on the project.
City Manager Burkett responded the change orders would be approved according to
the Council policy for construction management. He stated there are various
levels of approvals. He stated the levels range from approval on -site to
approval by Council.
Councilmember Winokur asked if there is a performance bond or warranty on the
project.
White stated there is a payment bond and a performance bond, which both are a 100
percent of what the contract amount is. He stated there is a one year warranty
on the project while certain individual items have longer warranties.
Wayne Mullenberg stated the senior citizens of Fort Collins do not want any more
delay to occur with the project. He stated the senior citizens are also
extremely pleased with the plan that staff is recommending.
Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-158, adding to Section 1, provided, however, that the anticipated
' costs of the project shall first be further reduced by the additional sum of
$100,000, in such manner as the Council may subsequently approve by Resolution;
345
October 19, 1993
and adding a Section 2 stating that a Resolution approving the method of reducing '
the project budget by $100,000 shall be presented for Council consideration at
its regular meeting on November 2, 1993.
Councilmember Horak asked if the intent of the motion was to achieve an
additional savings of $100,000.
Councilmember Apt stated the quality of materials should not be sacrificed,
because if the quality is lowered then the maintenance will cost more to the City
in the future.
Councilmember Kneeland asked if the project were to be delayed until spring would
that lower the cost.
City Manager Burkett stated approximately $50,000 could be saved by starting the
construction in the spring.
Bruce Lockhart, 2500 East Harmony Road, stated he agreed with the amendment to
the Resolution. He believed the project should be constructed as close to the
budget as possible.
Al Baccili, 520 Galaxy Court, stated he is opposed to the delay. He believed
construction on the Center should start as scheduled. He stated if the project
was delayed till spring that there would be greater of a chance it would be
delayed again. '
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to amend
the Resolution to direct staff to come back in two weeks with plans for achieving
an additional $100,000 in savings.
Councilmembers McCluskey and Apt accepted Councilmember Horak's motion as a
friendly amendment to their previous motion.
Councilmember Horak stated the contractors need to work harder to reduce costs
without decreasing the quality of the structure. He believed if the contractors
could not reduce costs, it might be best to rebid the project.
Councilmember Kneeland believed it was worth it to take the time to try and
reduce the costs of the new Senior Center. She believed it was not abnormal to
have the costs vary from the original estimates because there are so many
variables and components that play a part of the project. She stated she would
support the Resolution.
Councilmember McCluskey stated he was uncomfortable with' the overrun of the
construction budget and believed the costs could be decreased without decreasing
the quality of the building.
Councilmember Apt stated the project needs to be completed as soon as possible
for the community. He stated the small delay of the project would be to save
dollars for the community. '
346
October 19, 1993
' Councilmember Winokur stated he would like to see the project costs decrease;
however, the quality of the structure should remain the same.
The vote on Councilmember McCluskey's motion, including Councilmember Horak's
friendly amendment, was as follows: Yeas: Councilmembers Apt, Azari, Horak,
Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the Cable TV Franchise
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Hearing and Second Reading of Ordinance No. 115, 1993, Granting a Cable TV
Franchise to The World Company, Doing Business as Columbine CableVision;
and
Hearing and Second Reading of Ordinance No. 116, 1993, Extending the Term
of the Existing Franchise Agreement with The World Company, Doing Business
as Columbine CableVision.
' These are the terms of some of the major franchise provisions:
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 shall 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 significant changes in
technology, or significant lack of new product or new product demand, then
the company shall be granted an additional eighteen months to complete the
upgrade.
3) Franchise Fee.
The franchise fee has been raised from 3% of subscriber revenues to 5q 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 subsequent to their introduction by Columbine.
347
October 19, 1993
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, which will have the effect of potentially making
cable TV services available to most residents of Fort Collins.
Public Access - Columbine shall 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, 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 cab7ecast 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
subscriber's 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.
Changes to the Franchise Document since First Reading '
The following changes have been made to the agreement since first reading. A
copy of the most recent franchise agreement is attached. The changes are shown
with strike -outs and shading to indicate areas that have been deleted and added.
Pages 8 and 9. Clarification of the Public Access requirements. This change
clarifies Columbine's responsibilities to provide an
additional channel for public access programming should the
demand exist.
Page 16. Interconnections. This change was made in response to a
request from Cable TV Board member Russell Legg on behalf of
the County. This language strengthens the requirement for
Columbine to negotiate with other neighboring cable companies
to exchange educational and governmental programming.
Page 17. Buried Drops. Changes to address the concerns expressed by
Council Members Horak and Winokur about Columbines practices
regarding the drop system.
Page 24. Franchise fee. Specification of services that are not
included in the 3 year exemption from franchise fees.
CIE
October 19, 1993
' Other changes which appear in the document, and which are also indicated by
strike -outs and shaded areas, are minor wording or grammatical revisions, and are
not substantive.
Extension of Existing Franchise
The current franchise with Columbine expires on November 6, 1993. In the event
that City Council does not pass Ordinance No. 115, 1993 on second reading, an
extension will be necessary. Ordinance No. 116, 1993 will extend the term of the
franchise until March 15, 1994. All other terms and conditions of the existing
franchise will remain the same except that the franchise fee will increase as
discussed in this agenda item summary."
Michael Gitter, Cable Program Director, reviewed changes that were made to the
final franchise agreement.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 115, 1993 on Second Reading.
Councilmember Winokur stated he appreciated the quick response that staff and
Columbine CableVision provided in answering the issues that were raised in regard
to the franchise agreement.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
' Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 135, 1993
Amending Sections 26-512(3) and 26-514(3)(b)
of the Code of the City of Fort Collins Relating to the
Determination of Storm Drainage Fees, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Storm drainage basin monthly capital fees and storm drainage new development fees
will not change in five of the nine basins. The percentage increase for monthly
capital fees is 15%, or $.34 to $.43 per month. The range of percentage
increases for new development fees is 15% to 23.7%, or $371 to $1,024 per acre.
These fees are used to purchase right-of-way, design and construct capital
projects, and pay the debt service on the Stormwater Utility revenue bonds.
EXECUTIVE SUMMARY
There will
be
no increase
in 1994 in the amount of the city-wide stormwater
'
operations
and
maintenance
fee.
349
October 19, 1993
Construction of capital projects is an important function of. the Stormwater '
Utility. Projects are constructed to prevent flooding problems as well as to
correct existing ones and the fees are collected in each basin to provide the
funding. To determine the amount of revenue required with the optimal scheduling
of each project, criteria such as the level of risk to property owners,
integration with other city projects, current maintenance costs, availability of
basin funds or need for additional debt, complexity of the project, level of
exposure to public resources, and number of complaints must be considered.
The following table is a comparison of the monthly fees for 1993 and the proposed
monthly capital fees for 1994 for the typical single family lot of 8,600 square
feet and 40Y impervious surface:
1993
1994
Change
BASIN MONTHLY CAPITAL:
$
Y
Foothills
$2.75
$3.16
$0.41
15%
Fox Meadows
$3.58
$3.58
-0-
McC1e11and/Mai1 Creek
$3.58
$3.58
-0-
Spring Creek
$2.90
$3.33
$0.43
15%
Canal Importation
$3.58
$3.58
-0-
Dry Creek
$2.25
$2.59
$0.34
15%
West Vine
$2.67
$3.07
$0.40
15%
Evergreen/Greenbriar
$3.58
$3.58
-0-
Fossil Creek
$3.58
$3.58
-0-
Four of the nine basins will increase each year until the basins reach the self- '
imposed ceiling of $3.58. After that time, as with the other basins already at
the $3.58 ceiling, rates will remain there for as long as possible.
The following table shows the basin new development fee per acre:
1993 1994 Average Cost
to Typical Sfr
Foothills Basin
$
5,501
$
6,525
$
522
Fox Meadows Basin
$
5,625
$
6,468
$
517
McC1e11and/Mai1 Creek Basin
$
3,717
$
3,717
$
293
Spring Creek Basin
$
1,804
$
2,175
$
174
Canal Importation Basin
$
6,181
$
6,181
$
488
Dry Creek Basin
$
4,043
$
5,000
$
400
West Vine Basin
$
7,004
$
7,004
$
553
Evergreen/Greenbriar Basin
$10,000
$10,000
$
800
Fossil Creek Basin
$
2,274
$
2,274
$
180
The purpose of increasing new basin development fees in 1994 is twofold - to
ensure that development pays its fair share as development is occurring and to
cover higher costs of right-of-way and capital project construction. Both the
Foothills and Fox Meadows basins are experiencing rapid growth, thereby
triggering projects to be constructed sooner than anticipated. Growth is just
beginning in the Dry Creek basin where the last increase in new development fees .
was in 1988. In Spring Creek, it's a case of catch-up since most of the projects
350
October 19, 1993
have already been completed. Accurate timing is essential to ensure that we
collect the fees at the right time, not after development is over. The
philosophy regarding new development fee increases is to continue to track
revenue and expenses annually, and to recommend increases as needed, every 3 to
5 years.
BACKGROUND:
There will be no increase in 1994 of the city-wide stormwater operations and
maintenance fee.
Construction of capital projects is an important function of the Stormwater
Utility. Projects are constructed to prevent flooding problems as well as to
correct existing ones and the fees are collected in each basin to provide the
funding. To determine the amount of revenue required with the optimal scheduling
of each project, criteria such as the level of risk to property owners,
integration with other city projects, current maintenance costs, availability of
basin funds or need for additional debt, complexity of the project, level of
exposure to public resources, and number of complaints must be considered.
The philosophy of Stormwater Utility fees is based on supporting the optimal
level of service with minimal debt in conjunction with the following criteria:
* Fees and projects are basin by basin rather than city-wide
* The planning window for fees and projects is long term, not annual
* Projects.will be jointly funded by existing and new development fees
based on need
* New development will have paid.its fair share by the end of the
basin's life and not on an annual basis; however, rates will be
adjusted every 3 to 5 years depending on need
* Debt service will be repaid early if possible
* Reserves will be repaid as soon as possible
* Avoid additional debt
* Capital projects will be constructed at the optimal time
* Fees will also fund rehab and minor capital costs
* A basin fund balance will be maintained in each basin
* Minimum use of reserves
* Maximum monthly fee for the typical single family residence will be
$3.58
* Maximum annual increase will be 15%
By separate letter attached to this packet, the Storm Drainage Board has
recommended approval of the 1994 budget and the fee increases listed here."
Bob Smith, Stormwater Utility Manager, gave a brief presentation on the elements
that are pressing the increase in fees. He stated that new development
throughout the area contributes to the increase in fees. He believed the
increase in fees provide for higher quality of service to the community. He
stated in 1988 an informal policy was adopted that stated the maximum fee level
351
October 19, 1993
would be at $3.58 to a single family residence. He stated there are nine basins, '
five of which are currently at that level. He stated it is a long range vision
to reach the fee plateau and then continue with just the annual increase of 15%.
Mayor Azari asked if the stormwater program affords the City lower flood
insurance rates.
Smith stated the National Flood Insurance Program has a Community Rating System,
which the City of Fort Collins ranked in the top four cities in the United
States. He stated that rating provided some break in the insurance premiums.
Councilmember Janett asked about the variation in the new development fees. She
asked if there is ever a possibility in the fees decreasing.
Smith responded that each basin is different and the contribution that new
development makes towards the drainage system is different. He stated that once
the facilities are built and maintained properly the fees will decrease.
Councilmember McCluskey asked how the $3.58 figure was arrived at for a single
family residence.
Smith stated the fees the community pays are based on the runoff contribution to
the system.
Councilmember Kneeland asked if the fees to cover the new development costs are
a part of the Cost of Development Study. ,
Smith replied the fees are a part of the Study.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 135, 1993 on First Reading.
Councilmember Horak believed the Storm Drainage Board and staff provided the best
option for the community. He stated each basin is different; therefore, each fee
would be set accordingly.
Councilmember Winokur stated the Storm Drainage Board did a great job at
balancing the needs of the City and the needs of the community in regard to the
increase in fees.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
352
October 19, 1993
' Ordinance No. 136, 1993
Amending Chapter 26 of the Code Relating to
User Rates and Charges for the Water and Wastewater Utility Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The proposed ordinance increases the wastewater user rates by 6.0 percent
effective January 1, 1994.
EXECUTIVE SUMMARY
The recommended 1994 budget includes wastewater revenue projections based on a
proposed increase in wastewater monthly service charges, for all customer
classifications, of 6.0%. The proposed 6.0% wastewater rate increase for 1994
is consistent with the projections included in the wastewater treatment master
plan adopted by the Council on August 7, 1990 (Resolution 90-119). For 1994, the
entire 6.0% rate increase is needed to fund additional debt service associated
with the $25 million loan obtained by the City in 1992. The loan (a low interest
loan from the State Water Pollution Control Revolving Fund) is being used to fund
Phase I Master Plan improvements at the Drake Water Reclamation Facility
(WWTP#2). The Phase I improvements will provide enhanced treatment capabilities
to meet existing and future state and federal regulations, and additional
' capacity to serve future customers. Typically, costs for upgrading existing
facilities are allocated to existing customers and costs to expand capacity are
allocated to future customers. About half of the Phase I improvements are
related to capacity expansion.
The proposed change will increase the monthly wastewater bill of a typical single
family residential customer from $14.36 to $15.22, a net increase of $0.86. The
monthly wastewater bill for a commercial customer with a 3/4-inch meter whose
bill is based on winter quarter water consumption will increase from $17.55 to
$18.59, a net increase of $1.04. The monthly wastewater bill for a commercial
customer with a 3/4-inch meter whose bill is based on total water consumption
will increase from $25.52 to $27.03, a net increase of $1.51. The modification
in Section 26-284(d) from $2.86 to $2.68 per gallon has been made to correct a
typographical error."
J
Mike Smith, Water/Wastewater Utility Director, stated the Water/Wastewater fees
would be increased by 6%.which would be effective January 1, 1994. He stated the
primary driving force for the rate increase is the additional debt service that
will need to be paid in 1994 for the low interest loan that was acquired in 1992
to fund the improvements at the Drake Water Reclamation Facility.
Councilmember Horak asked if the increase is just for paying the additional debt
service rate.
Smith replied the increase is just to pay for the additional debt service rate.
353
October 19, 1993
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt '
Ordinance No. 136, 1993 on First Reading.
Councilmember Apt asked if the increases would be annual.
Smith stated that the master plan projects rate increases for the Phase I
improvements through 1995 of 6% a year.
Councilmember Horak stated the Safe Water Drinking Act and to the Clean Water Act
affect the rate increase of this utility.
Councilmember Winokur asked why metered residential customers pay a flat
wastewater rate.
Smith responded that a Cost of Service Study is being reviewed by the Water
Board, which would lead to the creation of a new rate category or class. He
stated the new category would charge the metered customers for their sewer use
based on their metered water use in the winter time.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the 1994 '
Downtown Development Authority Budget
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Ordinance No. 137, 1993 represents the annual appropriations and approves the
Downtown Development Authority (DDA) Operating Budget for 1994 of $665,906. In
addition, payment of debt service of $731,798 from the tax increment fund would
be authorized. It also sets the DDA mill levy at 4.05 mills which is projected
to generate $143,475.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 137, 1993, Relating to Annual Appropria-
tions and Approving the Budget of the Downtown Development Authority for
Fiscal Year 1994 and Fixing the M01 Levy for the Downtown Development
Authority for 1994.
The Downtown Development Authority adopted the proposed 1994 DDA budget totaling
$214,082 and determined the mill levy necessary to provide for payment of all
properly authorized expenditures incurred by the District, at its regular meeting
of August 5, 1993. City staff is recommending the Council appropriate an
additional $451,824, to the budget approved by the DDA Board. Of this additional '
appropriation, $1,824 is for transfer to the City of Fort Collins General Fund.
354
October 19, 1993
' This additional appropriation represents the DDA's required contribution to the
City's Emergency Reserve as required by Article X, Section 20 (Amendment #1) of
the State Constitution. In addition, $450,000 needs to be appropriated for
Linden Block Improvements. City Council approved appropriations for this project
by passing Ordinance No. 120, 1993. However, no expenditure of the funds is
anticipated until 1994. The DDA does not object to this addition. Also, the
Downtown Development Authority Board of Directors determined the mill levy
necessary to provide for the authorized expenditures incurred by the District in
1994 should be 4.14 mills. The proposed mill levy is being reduced to the same
mill levy that was established for 1993 in order to comply with Article X;
Section 20 (Amendment #1) of the State Constitution. The proposed 1994 DDA
budget of $215,906, would maintain the present staffing level.
B. First Reading of Ordinance No. 138, 1993, Appropriating Revenue in the
Downtown Development Authority for Payment of Debt Service for the Year
1994.
This Ordinance appropriates funds for the payment of Downtown Development
Authority debt service for 1994.
On May 17, 1988, Council adopted Ordinance No. 95, 1987 authorizing the issuance
of tax increment bonds, pledging tax increment revenues to debt retirement, and
requiring payment toward that debt retirement on a scheduled basis over the life
of the bonds. The Charter requires that all funds which pass through City
' accounts be appropriated by Council. The tax increment revenue to be
appropriated flows directly into the debt service account.
In April of 1992, the City issued $11,380,000 of Downtown Development Authority
Tax Increment Revenue and Refunding Bonds. In accordance with State statute,
only the City may issue long-term debt on behalf of the Authority. The primary
purpose of this bond issue was to invoke an early call provision on the City's
1988 Downtown Development Authority Tax Increment Revenue Refunding and
Improvement. Bonds. Since no Downtown Development Authority projects were
pending, a majority of the remaining proceeds, held in the Downtown Development
Authority Capital Projects Fund were no longer needed and the related bonds were
called and the Capital Projects Fund was closed out. The remaining bonds were
refunded and restructured due -to the favorable interest rates."
Chip Steiner, Director of the Downtown Development Authority, stated the normal
line items in the DDA Budget do not vary significantly from last year, with the
exception of the $450,000 that would be appropriated for the Linden Hotel.
Councilmember Apt made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 137, 1993 on First Reading.
Councilmember Horak stated the money allocated to the Linden Hotel is coming from
an operating budget. He stated the project would be completed without asking for
an additional incentive tax.
355
October 19, 1993
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers I
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 138, 1993 on First Reading. Yeas: Councilmembers Apt, Azari,
Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 139, 1993
Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations and Adopting the.Budget
for the Fiscal Year Beginning January 1, 1994, and
Ending December 31, 1994, and Fixing the
Mill Levy for Said Fiscal Year
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This Ordinance represents the annual appropriation and adopts the total City
Budget for 1994 in the amount of $231,408,995 and sets the City mill levy at '
9.797 mills.
EXECUTIVE SUMMARY
This Ordinance adopts the 1994 Budget for the City of Fort Collins and sets the
mill levy as follows:
General Fund 0 & M . . . . . . . . . . . . . . . . . . . . 1.541
Parks 0 & M . . . . . . . . . . . . . . . . . . . . . . .967
Poudre Fire Authority Contribution . . . . . . . . 5.077
Fire Pension Fund (Gen. Fund Unfunded Liab.) . . . . . . . .132
Parks Debt Service . . . . . . . . . . . . . . . . . . . . 1.080
Poudre Fire Authority . . . . . . . . . . . . . . . . . . . 1.000
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.797
BACKGROUND:
The Process:
The process used for adopting the 1994 Annual Budget will be the same as used for
the 1993 budget adoption.
356
October 19, 1993
' Staff will record all adjustments that each Council member wants to make to the
1994 Recommended Budget. After all adjustments have been recorded, Council will
discuss and vote on each item regarding whether or not to include the item in the
annual budget. Staff will adjust the Appropriation Ordinance and Council will
consider first reading of the Appropriation Ordinance and the 1994 Annual Budget.
Changes from the 1994 Recommended Budget are as follows:
Sales & Use Tax Fund - $874,456
Sales and Use Tax projections have been revised for 1994 based on the latest 1993
projected collections. The adopted 1993 budget estimated a 3.3% increase over
1992 collections. Based on recent economic data and actual collections received
through September 1993, a 7.9% increase is projected for the 2.25 cent sales and
use tax collections in 1993 over 1992 collections. The 1994 projections are
still based on a 5.3% increase over 1993 as they were in the Recommended budget,
but the percentage is applied to a higher base.
An additional $653,218 is appropriated for transfer to the General Fund, $50,000
has been added as a transfer to the Downtown Development Authority for the Linden
Block renovation. The remaining increase in appropriations of $171,238
represents transfers to the various capital funds equal to their revised revenue
projections.
Light & Power Fund - $547.767
' During the September 14th work session Council expressed a concern that the
funding proposed in Light and Power's recommended budget did not reflect
sufficient commitment to the development of new Demand Side Management (DSM)
programs. After discussion with Councilmember Apt, liaison to the Electric Board,
and the Electric Board, staff has included a $500,000 increase in the proposed
1994 Budget with an additional net increase of $150,000 projected for 1995.
$150,000 of the 1994 increase will be utilized in the Energy Services Program for
consulting fees and additional staffing necessary to accelerate program
development while enhancing customer participation in existing DSM programs. The
remaining $350,000 in 1994 and an additional $150,000 in 1995 are included in a
special Demand Side Management project in the Capital Program to fund yet to be
developed programs.
A second subject raised during the worksession was maintaining adequate
streetlighting in the core area. Staff has increased the Streetlight Improvement
budget by $47,767 from $42,233 to $90,000 per year and will concentrate on
increasing public awareness of the availability of enhanced neighborhood
streetlighting.
These increases have been made while continuing to meet Council's policy of
maintaining positive net income; however, year end 1998 Purchase Power Reserve
will, drop below the recommended level of 10Y of revenue to approximately 7.7Y or
$4.0 million.
357
October 19, 1993
General City Capital - Choices 95 - Shields Street. Laurel to Prospect - $812 000 '
The appropriations for one of the Choices 95 transportation projects, Shields
Street, Laurel to Prospect, are being increased by $812,000 above what was
recommended for 1994. The original scope of work anticipated construction of
off-street combined sidewalk/bikeways. In January 1993, City Council approved
changing the scope to construct on -street bikelanes along with the sidewalks.
Council also directed Staff to work with area residents on a landscaping plan
which protected and enhanced the neighborhood. In addition to the change in
scope and enhanced landscaping, the cost increase is also the result of increased
right-of-way costs, the realignment of North Drive in conjunction with Colorado
State University, and the addition of medians to improve traffic safety. Funds
for the budget increase are coming from Choices 95 funds, 114 Cent Necessary Fund
Balance, Street Oversizing, and a contribution from Colorado State University.
General City Capital - 114 Cent Street Maintenance - $49 415
Based on revised 1994 Sales and Use Tax projections, an additional $49,415 is
being transferred to General City Capital for the Street Overlay & Sealcoat
program. This increase in revenue is being appropriated in General City Capital
for the Street Overlay & Sealcoat program.
General City Capital - Choices 95 - Older Adult Center - $329,800.
An additional $329,800 has been added to the Choices 95 Older Adult Center ,
capital project. The low bid for the project exceeded the estimated construction
costs by $456,000. Staff recommended revising the project scope by $126,000
which will not adversely affect the quality of the project or the design intent.
The $329,800 is being appropriated from excess revenues in the Choices 95
Capital Projects Fund.
General City Capital - 114 Cent Natural Areas - $53 712
Based on revised 1994 Sales and Use Tax projections, an additional $53,712 is
being transferred to General City Capital for Natural Areas. This increase in
revenue is being appropriated in General City Capital for Natural Areas.
Street Oversizing Fund - $200.000
A portion of the funding for the increase in the Choices 95 Shields Street,
Laurel to Prospect capital project is from the Street Oversizing Fund. An
additional $200,000 above what was recommended is appropriated in the Street
Oversizing Fund for transfer to the Choices 95 Capital Project Fund for the
Shields Street, Laurel to Prospect capital project.
358
October 19, 1993
' Transportation Fund - Street Department - $352,000
Additional appropriations totalling $352,000 have been added to the Streets
Department portion of the Transportation Fund proposed 1994 budget. The
increase, over the recommended budget, reflects the Street Department's increased
involvement with the engineering Department on the 1994 Street Overlay and
Sealcoat Program."
City Manager Burkett provided some background information on the budget. He
stated the Ordinance implements two key elements in the City's budget. One
element establishes the appropriation levels for 1994 and the second element sets
the proper tax mill levy for 1994.
Mayor Azari stated the procedures that would need to be followed for the budget.
Megan Piper, Bauder School, stated she supported the D.A.R.E. program. She
believed the program helped the kids when the peer pressure is so extensive. She
stated the program provides positive alternatives for kids.
Erin Cox stated the D.A.R.E. program is a positive outreach to kids who may get
into trouble with drugs and who may not have the support at home. She stated the
program helps kids deal with the peer pressure in school. She stated the program
does not just center around drugs but help kids deal with other problems that
they may encounter.
Bruce Lockhart,
2500 East Harmony
Road,
stated Council should reconsider
its
'
support for the
D.A.R.E. program.
He believed
the program does
not work and
should not be funded. He believed the
increase of 53 percent
in the Police
Services Budget
is extensive and
should
be reviewed. He stated
adding seven
police officers
every year until
the
national average is met
seems to be
excessive.
Sally Weisser, President of Board of Education, stated the PR-1 Board of
Education unanimously approved the D.A.R.E. curriculum for the 1993-94 school
year. She stated the curriculum went through a review process in order to assure
it met all of the guidelines for PR-1. She stated the program has serviced over
3,000 students who elect to participate in the program. She stated the District
is mandated by the federal and state law to provide such an education regarding
drugs and alcohol from grades K-12. She stated the D.A.R.E. program is just a
piece of the entire drug and alcohol curriculum taught to the students.
Bob Cluster, 2211 West Mulberry, stated he opposed the D.A.R.E. program. He
stated he strongly favors drug prevention education in the public school system.
He stated the D.A.R.E. curriculum was reviewed by D.A.R.E. officers; therefore,
he believed it was not reviewed objectively. He asked who would control the
content and delivery of drug prevention education in the public school system.
He stated the program is not geared toward any meaningful review or open to any
change to its curriculum. He stated the Police Department should not review the
D.A.R.E. curriculum, but that an independent body should address the issue of how
' far the City should be involved in drug prevention education in the public school
system.
359
October 19, 1993
Richard Shockley, Larimer County Sheriff, stated he supported the D.A.R.E. '
program. He stated there is a study done every two years on the drug and alcohol
usage within the school system. He stated the 1994 study will indicate the
impact that D.A.R.E. has had on this community. He believed the City of Fort
Collins could not be compared to Los Angeles, Miami, or other metropolitan cities
that currently have the D.A.R.E. program in place. He stated that a majority of
students, parents and members of the community support the D.A.R.E. program. He
the program deals not only with drug and alcohol use, but with gang violence,
peer pressure and a number of other challenges that kids face in today's society.
Gary Peterson, 1805 Crestmore Place, stated he is opposed to the D.A.R.E.
program. He asked Council what the primary mission of the D.A.R.E. program is.
He stated the primary function of D.A.R.E. is drug prevention. He asked if
D.A.R.E. prevents drug use. He believed D.A.R.E. does not prevent drug use. He
stated an independent evaluation should be taken regarding the D.A.R.E. program,
before Council decides on whether or not to continue the program throughout the
public school system.
Rob Arbury, 1612 West Mountain Avenue, stated he is opposed to the D.A.R.E.
program. He stated that he took his children out of public school to rid.them
of the D.A.R.E. program and now his family still has to pay for the program
because it is a part of the City budget. He stated that government should not
pay for such a curriculum.
Sharon Johnson, 4203 South County Road 7, stated she opposed the D.A.R.E. '
program. She stated that D.A.R.E. is a simple answer to a complex situation and
it does not respond to all of the needs of the children effectively. She stated
the funding for the program needs to be restricted and used to explore the other
programs that are working.
Gary Hixon, 3035 West Horsetooth Road, stated he supported the feasibility study
for the Riverwalk. He believed the Riverwalk would have a positive impact for
the City on the northside. He stated the City should research the enhancement
of the river and make it a viable part of the community.
Lou Stitzel, 521 East Laurel, stated the development fees for affordable housing
projects should be waived. She believed including the development fees for the
projects within the budget would help the community.
Al Baccili, 520 Galaxy Court, stated he opposed the D.A.R.E. program and believed
the money should be invested into the Senior Center. He stated he supports a tax
increase to place more police officers on the job; however, he does not support
an increase for the D.A.R.E. program. He stated police officers should be
patrolling the streets of Fort Collins and not teaching the D.A.R.E. program to
the children.
Mary Cykoski, 814 North Shields, stated she supports the D.A.R.E. program. She
stated there are several people who do not have the opportunity to teach their
children what is right and wrong. She stated there are children everyday who do
not have the parental support at home and believed the program benefits those .
children.
360
October 19, 1993
' Jane Nevrivy, member of the Cultural Resources Board, stated the storage for the
museum will no longer be available at the Power Plant. She stated the estimated
cost of $35,000 to renovate a portion of the City owned Trolley Car Barn would
provide permanent, safe, and adequate storage area. She stated the Board
believed a storage place is as important as a public gallery or the museum
itself. She urged Council to consider covering the cost of renovation in the.
budget.
Duncan Philp stated he is opposed to the D.A.R.E. program. He stated the
D.A.R.E. program should be taught in the private sector and not in the public
school system.
Councilmember Horak stated he would like to add the youth employment program for
$60,000.
Councilmember McCluskey stated he would like to add the building renovations for
$130,000 on a one-time basis.
Councilmember Winokur stated he would like to add $100,000 for debt reduction.
Councilmember Janett asked for some information on the Paratransit item.
Tom Frazier, General Services Director, stated the $66,500 set aside for
Paratransit provides a one-time capital expenditure to buy out five vehicles.
Councilmember Janett stated she would like to add $40,000 for the Front Range
Railroad Feasibility Study.
Councilmember Winokur stated he would like to set aside the $125,000 of the
additional projected revenue from the Cable T.V. Franchise.
Councilmember Apt stated he would like to add the $225,000 for the expansion of
Transfort routes.
Councilmember Kneeland stated she would like to add the Riverwalk Feasibility
Study for $40,000.
Councilmember McCluskey stated he would like to add an Route 10 to the Transfort
system for $226,000.
Councilmember Horak stated he would like to add $50,000 for Museum storage.
Councilmember Janett stated she would like to add $66,500 for Paratransit
Equipment.
Mayor Azari stated she would not add the additional $100,000 for parks.
Councilmember Apt stated he would like to add $25,000 for Fort Net and $10,000
for Fort Net Time Charge.
361
October 19, 1993
Councilmember Janett stated she would like to add $300,000 to Paratransit
Services.
Mayor Azari stated she would like to set aside $40,000 for Cultural Planning.
Councilmember McCluskey stated he would like to add $5,000 to $10,000 for the
Front Range Railroad Feasibility Study. He believed in the concept, but that it
is a regional issue that needs to be addressed.
Councilmember Apt stated he would like to add $82,000 for additional staffing for
the Development Review Process.
Councilmember Janett stated she would like to add $500 for the Environmental
Clearing House.
Mayor Azari asked if any of the items listed could be considered at a later date.
Councilmember Apt stated that Fort Net could be discussed at a later date.
Councilmember Janett stated the one-time building renovation could be considered
at a later date.
Councilmember Winokur suggested adding $200,000 to the General Fund, instead of
putting it into the Street Oversizing Fund.
Mayor Azari asked staff to review and amend the Ordinance to include the changes
that Council had suggested.
*Secretary's Note: Discussion and vote on this item continues on page 365.
Resolution 93-159
Authorizing the City Manager to Purchase 1.89 Acres
from Poudre R-1 for the Eastside Neighborhood Park
Adjacent to the New Laurel School, Postponed Until 12-07-93
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Acquisition of this 1.89 acre parcel will cost $91,000, plus an additional
$44,166 to reimburse Poudre R-I for site work, including demolition, debris
removal, environmental audit and grading. This total cost of $135,166
represents the actual expenditures of Poudre R-1 on this site for both
acquisition and site work.
Funding for this acquisition is available in the Choices 95 Capital Projects
Fund. Choices 95 budgeted $200,000 for land acquisition for the Eastside
Neighborhood Park. An additional $480,000 is available for design and
construction. I
362
October 19, 1993
IEXECUTIVE SUMMARY
The Parks and Recreation Master Plan and the Eastside Neighborhood Plan both
identified the need for a park in the eastern section of the City. The Choices
95 project approved funding for an Eastside Neighborhood Park, including
acquisition of up to five acres of land at an estimated cost of $40,000•per acre.
This property costs $48,148 per acre (plus an additional $44,166 for site work).
The cost of this property is higher than the average $16,000 per acre the City
has recently paid for parkland in residential areas. This land has historically
been a commercial use (junkyard) and is zoned NCB which allows high density
residential and business/commercial types of uses. A commercial shopping and
business office center is located directly to the east and Poudre Valley Hospital
recently purchased land in the area at a higher price per acre.
The eastern section of the City is almost completely developed with few vacant
parcels available for park sites. Staff began negotiating in 1989 with property
owners to purchase land adjacent to Laurel Elementary School. One property owner
was reluctant to sell because of pressure from neighbors. Eventually that land
was sold to Poudre Valley Hospital.
The City and Poudre R-1 then began discussions concerning purchasing the junkyard
site. The District's interest in acquiring the site was to allow more buffer
area for its new school building and to remove"a potential hazard. The City's
' interest was to create a joint park/school site to maximize the usable area
available.
Poudre R-I took the lead in these property negotiations and in 1992, purchased
this site adjacent to Laurel School. A proposed contract was then developed
between the School District and the City to purchase the land for the Eastside
Neighborhood Park.
The joint use of the park continues the cooperative effort between Poudre R-1 and
the City and it is also more cost-effective for the community. Shared facilities
available for school and community use will include parking, playgrounds,
ballfield, basketball, picnic shelter and other recreational facilities to be
determined.
The Parks and Recreation staff presented this purchase to the Parks and
Recreation Board on May 26th. It was supportive of this site for the Eastside
Neighborhood Park and recommended staff to continue negotiations with Poudre R-1.
The School Board approved the sale of this land to the City on September 13,
1993. When Council approves this transaction, staff will proceed with closing
on this parcel. The final design phase wi17 occur throughout the next few months
with construction scheduled for spring and summer 1994."
Mike Powers, Director of Cultural, Library, and Recreational Services, provided
some background information on the Eastside Neighborhood Park. He stated the
neighborhood was built-up before Parkland Fees and before neighborhood parks were
even a concept. He stated Choices 95 offered to rectify that and presented a
363
October 19, 1993
challenge to staff to locate a place to create a park for that neighborhood. He
'
stated the recommend parcel is only about 2 acres, but when the parcel is used
jointly with the school property it allows for around 10 acres of property that
can serve the neighborhood and the school..
Councilmember Janett stated the neighborhood is concerned with the size of the
park. She stated the neighborhood was hoping for 5 acres or more of space for
families to picnic etc. She asked what the acreage was for the US West site and
the RB Storage site. She asked if most of the budget was being spent on the
smaller site, how would the City continue to pursue the others. She asked if
there was anymore Choices 95 money to make it a bigger park.
Powers stated the US West site is about 2.6 acres and the RB Storage site is
about 2.5 to 3 acres. He stated there is about $200,000 in land acquisition.
He stated if Council were to approve the Resolution, the City would only spend
about $91,000 out of the land acquisition fund.
Councilmember Janett stated the parking for the school is crowded and the park
would create more congestion. She asked if the Poudre Valley Hospital parking
was accessible to the public.
Powers stated staff has spoke to PVH and there is a verbal agreement that it
could be used; however, terms are still being worked through.
Councilmember McCluskey stated he supported the idea of various park sites
throughout the City. He asked if the City would maintain the park or would the
I
School District maintain the park.
Powers stated the City would enter into an agreement with the District on
maintaining the property.
Councilmember Horak made a motion, seconded by Councilmember Kneeland to adopt
Resolution 93-159.
John Knezovich, 1205 Green, stated his concerns about the size of the park. He
urged Council to postpone action on the Resolution for further review. He stated
the neighborhood has been in need of a park. He urged Council and staff to
research and develop a master plan for the neighborhood. He stated the 1.89
acres currently belongs to the school and should not be purchased by the City.
He stated the park should incorporate the school land, the detention pond and
should allow the neighborhood to participate in the planning for the park.
Lou Stitzel, 521 East Laurel, stated that a neighborhood park is needed greatly
for this section of town.
Councilmember Horak asked if the School District would have purchased this site
without the City's involvement.
364
October 19, 1993
' Powers stated the City has been working with the District because it was the only
site in the east side neighborhood that could be converted into a park. He
stated that the City started negotiations with the District in order to have
access to the school ground.
Councilmember Janett stated the east side neighborhood would like a larger park.
She stated that a master plan should be developed for that area. She believed
the best option at this point would be to send this project back to staff to
research it further and come up with better alternatives and solutions for the
park.
Councilmember Janett suggested that staff research transportation, parking, and
a more comprehensive.plan for the area.
Councilmember Janett made a motion, seconded by Councilmember Winokur, tc
postpone consideration of Resolution 93-159 until December 7, 1993. Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur.
Nays: None.
THE MOTION CARRIED.
Ordinance No. 139, 1993
Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations and Adopting the Budget
for the Fiscal Year Beginning January 1, 1994, and
Ending December 31, 1994, and Fixing the
Mill Levy for Said Fiscal Year. Adopted as Amended
City Manager Burkett stated Doug Smith has revised the Budget Ordinance to
include the suggested changes from Council.
Doug Smith, Budget Director, stated the following revisions to the Budget are:
the General Fund is $48,014,540; under the Special Revenue and Debt Service Fund
changes are to the Transit Fund the figure is $2,824,257, Transportation Services
the figure is $7,445,123; Total Special Revenue and Debt Service Fund is
$67,062,831; under the Capital Improvement Fund (General City Capital) changes
to Major Building Maintenance figure is $450,000; Total General City Capital is
$1,337,171; Quarter Cent Choices 95 (Older Adult Center) figure is $229,800;
Total General City Capital Quarter Cent is $3,255,328; Total City Fund
Appropriation is $230,112,264; and Total All Funds $232,356,995.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Ordinance -No. 139, 1993 as amended on First Reading.
Councilmember Kneeland stated the issue of D.A.R.E. will be discussed further
between the City's Health and Safety Committee and Poudre R-1.
365
October 19, 1993
Councilmember Horak,stated it is important for parents, students, the City and
Poudre R-1 to discuss the importance of D.A.R.E. in the community. He believed
an evaluation should be done continually on this program.
Councilmember Winokur stated he would like to see a report on how past dollars
allocated to Police Services have made a difference in this community. .
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 140, 1993
Authorizing the Transfer of Funds From the
Affordable Housing Component of the General Fund into the
Parkland Fund for the Purpose of Assisting in the Payment of
Parkland Fees for FY 1992 Community Development B1ock.Grant
Projects Which Involve the Payment of Parkland Fees, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This action would authorize payment of $4,774 in Parkland Fees from the '
"Affordable Housing" component of the General Fund.
EXECUTIVE SUMMARY
Two FY 92 Community Development Block Grant (CDBG)' projects, the Community
Affordable Residences Enterprises (CARE) and Resource Assistance Center (TRAC)
are requesting assistance in the payment of the new Parkland Fee approved by City
Council on July 20, 1993.
.BACKGROUND:
On June 2, 1993 the City Council adopted the FY 92 Community Development Block
Grant (CDBG) Program and Projects. Two of the projects funded were: (1) the
Community Affordable Residences Enterprises (CARE) - 20 units of low income
housing in Greenbriar Village, which was funded for $130,000; and (2) the
Resource Assistance Center (TRAC) - 11 units of low income housing (TRAC) in the
San Cristo Subdivision, which was funded for $50,000. These CDBG recipients had
budgeted the majority of the CDBG funds for payment of City development fees
based on figures given to them by City staff at the time the CDBG proposal was
submitted. A11 FY 92 CDBG Contingency funds have been reprogrammed into the FY
93 CDBG Program and are unavailable for these projects.
On July 20, 1993, the City Council approved an increase of $154/unit in Parkland
Fees. This would result in an additional cost in City Parkland fees of $3,080 ,
for the CARE project and $1,694 for the TRAC project. The recipients are
requesting (copy of letters attached) assistance in the payment of the additional
October 19, 1993
'
Parkland Fees.
The Parks and Recreation Board, at its June 23 meeting, realized
a need to look
at policies related to the fee, and
directed the staff to study
a sliding scale
concept for affordable housing and
high density projects. This
issue will also
be discussed by the new Affordable
Housing Board as part of its
work program.
Staff believes the payment of fees from the "Affordable Housing Fund" is
justified because of the history of the FY 1992 CDBG process and the public
purpose served by affordable housing. The projects further the Council adopted
affordable housing policies and, accordingly, the transfer of funds for the
payment of the increment of increase serves a valid public purpose. In addition,
both of the projects' budgets, and CDBG assistance, had been established before
the parkland fees were raised in July 1993.
Although staff is not aware of any other such projects utilizing FY 92 CDBG
funding that have encountered this issue, the proposed ordinance would establish
the precedent for the payment of the increase in parkland fees as it applies to
any FY 92 CDBG-funded project involving the payment of parkland fees when the
project did not anticipate the fee increase in its budget, but would not apply
to FY 93 (or later) CDBG-funded projects."
Greg Byrne, Director of Community Planning and Environmental Services, stated
there are two affordable housing projects that were funded in part by the
Community Development Block Grant money. He stated.the increase in Parkland Fees
' has caused these projects to fall $5,000 short in their budgets. He stated staff
is suggesting the City fund the difference.
Councilmember McCluskey asked if any other projects funded through CDBG would be
in a similar situation and might come forward seeking additional money.
Byrne responded there are no other projects that should need this type of
assistance.
Councilmember Janett asked if the Affordable Housing Board reviewed these
projects. She asked what happened to the interest accrued on the dollars already
funded for these projects.
Byrne responded that it is a new Board and have not taken up the issue of using
the funds.
City Manager Burkett stated the interest is accumulated within the fund.
Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt
Ordinance No. 140, 1993 on First Reading.
Councilmember Horak made a motion, seconded by Councilmember Janett, to amend
Section 2 and Section 3 to read as follows: "that said increment of increase
shall be paid into the Parkland Fund by transfer from the General Fund."
' Councilmember Winokur asked where in the General Fund would the money come from.
367
October 19, 1993
City Manager Burkett stated the money would come from the $45,000,000
General
'
Fund. He is uncertain as to what line item the money would be funded.
Councilmember Horak stated a policy should be devised on how to spend the
housing
trust fund.
The vote on Councilmember Horak's motion to amend Ordinance No. 140,
1993 on
First Reading was as follows: Yeas: Councilmembers Apt, Azari, Horak,
Janett,
Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur stated the new Board should work with staff on creating
new
policies for the funding of the projects.
The vote on Councilmember Kneeland's motion to adopt Ordinance No. 140,
1993, as
amended, was as follows: Yeas: Councilmembers Apt, Azari, Horak,
Janett,
Kneeland, McCluskey, 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 Funds for Improvements
to the Linden Block, Adopted
The following is staff's memorandum on this item.
"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.
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October 19, 1993
' This Ordinance was unanimously adopted on First Reading on October 5, 1993. The
Ordinance has been amended on second reading in response to concerns raised by
Council on First Reading to: (a) require an independent certification of costs
incurred in the renovation before the costs are reimbursed by the DDA, (b)
require the owners of the respective buildings upon project completion of each
building to certify to the County Assessor a project value which wi11 generate
a minimum of $28,000 in property taxes for the Linden Hotel and $12,000 for the
Salvation Army Building for a period sufficient to recoup the public investment
through property taxes (a maximum of sixteen years); and (c) require the owners
to guarantee the minimum level of property taxes described in (b) above, through
a payment in lieu of taxes.
Attached to this Agenda Item Summary is a list which details the kinds of
improvements that will be funded by public monies."
Councilmember Janett asked what the City's participation in regard to the costs
of the projects would be.
Greg Byrne, Director of Community Planning and Environmental Services, stated the
City's participation is considered a soft cost. He stated the costs are mainly
overhead, contingency, and engineering and design work and are estimated as a
percentage of the dollars of hard costs. He stated the estimates are preliminary
and are only a portion of the overall project.
' Councilmember Janett asked who would represent the City's interests at the
earlier stages of the preparation of the bids.
Byrne stated the Landmark Preservation Commission, an architect working directly
for the City, and the DDA would need to review and approve all plans before they
go to bid.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 120, 1993 on Second Reading.
City Attorney Roy stated that reimbursement payments will be paid after the owner
has entered into an agreement to certify. He stated the certification would not
occur until after the whole project has been constructed.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
1
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October 19, 1993
Items Relating to Integrated Resource Planning Standards '
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Public Hearing and Resolution 93-150 Adopting the Integrated Resource
Planning (IRP) Standard Pursuant to the Comprehensive National Energy
Policy Act of 1992.
B. Resolution 93-151 Authorizing the Development and Implementation of an
Electric Utility Integrated Resource Plan.
Sections 111 and 112 of the National Energy Policy Act of 1992 impose two
separate, but related, requirements on the City. Section 111 requires that the
City Council consider adoption of the IRP standard. Sections 111 and 112 require
that the City Council determine whether to implement the IRP.
BACKGROUND:
Since the mid 1970s, the City of Fort Collins has provided outreach services to
electric customers to help them enhance their efficient use of electricity.
These first took the form of workshops to help residential customers with
electrically heated homes understand how to best operate and control costs of
their heating systems. Additionally, operation and design of the electric ,
utility system has always included consideration of energy efficiency. As costs
change, the economic trade-offs between such factors as capital costs and energy
change. This relationship is continuously evaluated to help ensure cost
effective criteria are used in electric system design and operation. As energy
efficiency has become commonplace in the industry and society, terms like Energy
Services, Least Cost Planning, and Integrated Resource Planning have evolved.
The concept of the electric utility taking an active role in the customer's final
use of electricity has gained a higher level of acceptance.
The National Energy Act of 1992 (EPAct) includes two (2) requirements which are
imposed on the City of Fort Collins. These relate to the topic of Integrated
Resource Planning (IRP). The IRP standard is defined by the EPAct as:
A planning and selection process for new energy resources that evaluates
the full range of alternatives, including new generating capacity, power
purchases, energy conservation and efficiency, cogeneration and district
heating and cooling applications, and renewable energy resources, in order
to provide adequate and reliable service to its electric customers at the
lowest system cost. The process shall take into account necessary
features for system operation, such as diversity, reliability,
dispatchability, and other factors of risk; shall take into account the
ability to verify energy savings achieved through energy conservation and
efficiency and the projected durability of such savings measured over
time, and shall treat demand and supply resources on a consistent and
integrated basis. I
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October 19, 1993
' This resolution recommends modifying the EPAct definition of IRP by (1) adding
the clause: "and shall take into account environmental externalities associated
with resource options" and (2) changing the order of energy resource alternatives
listed.
Specific Requirements of EPAct:
1) Consideration of IRP Standard (Resolution 93-150):
Section 111 of the EPAct requires that the governing boards of all
electric utilities with retail sales in excess of 500 million kWh consider
adopting the IRP standard. Fort Collins Light and Power had sales of
approximately 800 million kWh in 1992 and is therefore subject to this
requirement.
Consideration of the IRP requirement is simply a public hearing process,
such as a Council meeting, where public comment can be provided. The
Council must then adopt or reject the standard, i.e. the definition of
IRP. If Council does not adopt the standard it must state in writing the
reasons thereof.
2) Decide whether to implement IRP (Resolution 93-151):
Sections 111 and 112 of EPAct require that governing boards of utilities
' with retail sales in excess of 500 million kWh per year must decide
whether they will implement an IRP.
This resolution proposes Council determine to implement IRP by directing
staff to (1) apply the IRP standard on an annual and five year planning
basis and (2) work with the Electric Board to develop an annual and five
year budget and work plan for IRP implementation. Further, to submit as
a part of the annual budget process for Council review and consideration,
a work plan with associated costs for implementation of IRP related
activities.
3) Related requirement NOT requiring action by City Council.
A third requirement of the EPAct which does NOT require action by Council
but may be of interest to Council concerns requirements imposed on Western
Area Power Administration and Platte River Power Authority. Section 114
of the EPAct requires that Western Area Power Administration (Western)
develop an IRP Process and that utilities receiving power from Western
must follow this structured process which includes a public hearing
process in evaluating IRP options.
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October 19, 1993
This requirement applies to Platte River Power Authority and impacts '
member cities of Fort Collins, Loveland, Longmont, and Estes Park. The
four member cities have "all requirements" contracts with Platte River and
Platte River has no retail customers. Thus, coordination by this group is
required to fully realize the potential of IRP. This collective group
can, more comprehensively, evaluate and implement cost effective IRP
options at the wholesale and retail levels.
Any recommendations which are developed through this process and directly
result in program recommendations requiring resources of the City of Fort
Collins would be included as a part of the process described and proposed
in item #2 above."
Councilmember Apt made a motion, seconded by Council member Horak, to amend and
adopt Resolution 93-150 to delete the phrase "which are not direct cost based
expenses of providing electric service," from the seventh WHEREAS clause.
Councilmember Janett believed the changes made to the policy are following what
the citizens of Fort Collins want Council reviewing.
Mayor Azari stated Councilmember Apt has done a great job in working with the
Utilities area of the City.
The vote on Councilmember Apt's motion to adopt Resolution 93-150 as amended was
as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, '
McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-151. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland,
McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Kneeland stated the South African Consulate would like Council to
reconsider the South African Resolution.
Councilmember Janett stated that the Commission on the Status of Women has
received two resignations and encourages people to apply for those slots.
Councilmember McCluskey stated he would like an update from staff on the Parkland
Fees and would like to request options for the development of community parks.
Councilmember Apt stated he would encourage the comprehensive plan approach for
zoning with the Land Development Guidance System.
Mayor Azari asked Councilmembers to turn in the performance evaluations to her '
as soon as possible.
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October 19, 1993
' Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to
adjourn the meeting until 6:15 p.m. on October 26, 1993 to conduct the
performance review of the City Manager. Yeas: Councilmembers Apt, Azari, Horak,
Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 1:25 a.m.
i
Mayor
ATTEST:
City� C�k�`c
373