HomeMy WebLinkAboutMINUTES-09/15/1992-Regular' September 15, 1992
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 Tuesday,
September 15, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Fromme, Horak, Kirkpatrick, and Maxey.
Councilmember Absent: Councilmember Winokur.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
York Davis made a brief presentation on the successful completion of the Poudre
to the Sea canoe trip which lasted 85 days and covered 2500 miles to New Orleans.
Joe Stern, 1221 Laporte Avenue, expressed concerns about handguns and asked for
legislation to the control the sale of handguns.
Barbara Allison, 1212 Lynnwood Drive, spoke of her concerns about incidents with
dogs and meter readers, water in basements, and Challenge Fort Collins.
Al Baccili, 520 Galaxy Court, was concerned about Councilmember Edwards' conflict
of interest.
Bruce Lockhart, 2500 E. Harmony Road, opposed local support for the Brady bill
as ineffective and causing public concern. He further stated that Councilmember
Edwards' alleged conflict of interest was not significant.
Citizen Participation Follow -Up
Councilmember Horak', in response to Ms. Allison, stated he had spoken with the
Utility Director on the meter issues. He clarified that flooded basements are
allowed to be drained into a storm drain, but there is only an irrigation canal
in the immediate vicinity of the subject property.
Agenda Review
Deputy City Manager Diane Jones stated that Item #18, Hearing and First Reading
of Ordinance No. 102, 1992, Authorizing the City to Grant a Right -of -Way Easement
' to Poudre Valley Rural Electric Association, Inc., had been withdrawn from the
agenda. She further noted that Item #9, Second Reading of Ordinance No. 91,
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September 15, 1992 '
1992, Amending the Code Regarding Open Meetings and the Keeping of Minutes of
Such Meetings of the City Council, Council Committees, and City Boards and
Commiss.ions,,, had been.amended_
City Attorney Steve Roy stated that Item #9, Ordinance No. 91, 1992, had been
revised to require a 2/3 vote rather than a majority to allow boards and
commissions to meet in Executive Session to be consistent with the State sunshine
act.
Councilmember Horak requested that Item #7, Second Reading of Ordinance No. 85,
1992, Authorizing the Mayor to Execute a Utility Easement in Favor of Public
Service Company of Colorado, be withdrawn from the Consent Calendar.
Barbara Allison, 1212 Lynnwood Drive, requested that Item #22, Resolution 92-146
Authorizing the City Attorney to Provide Legal Services to the Cultural Diversity
Task Force, be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #26, Pulled
Consent Items.
7.
Development to the east of Pineridge Open Space will allow the Public
Service Company to adjust its overhead power line across City property.
The existing power line which runs west from near the Quail Hollow
Subdivision and across the ridge and over Dixon Reservoir will be
abandoned and removed by Public Service Company.
A new overhead power line will be installed from the existing power line
near Hughes Stadium south to the existing overhead line on the Pineridge
Open Space property. This new line will allow for about 1/4 mile of line
to be removed on the open space property. The existing line is difficult
to maintain and a safety hazard since it crosses Dixon Reservoir.
The new power line easement totals about 1.3 acres and contains an access
road to service the power line on open space property. This Ordinance,
which was unanimously adopted on First Reading on July 21, authorizes the
Mayor to execute a Utility Easement in favor of the Public Service Company
of Colorado.
Consideration of this item on Second Reading was postponed from August 4 '
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to this date to allow time for review by the Parks and Recreation Board.
The Parks and Recreation Board discussed this item at its August 26, 1992
mee.t.i.ng.. The Board voted 6-0 to accept staff's recommendations of
granting the new powerline easement and not undergrounding the new line.
The Natural Resources Advisory Board voted 6-1 to support staff
recommendations at its September 2 meeting.
0,
A regular city election is scheduled for April 6, 1993. At that election,
the Mayor will be directly elected by the voters for a two-year term. In
addition, four District Council representatives will be elected. The
Charter provides for a transition process to accomplish the change from
four Districts to six begun in 1991, when Councilmembers for Districts 2
and 4 were elected for four-year terms. At the 1993 election,
Councilmembers will be elected for four-year terms from Districts 1, 3,
and 5, and the Councilmember representing District 6 will be elected for
a two-year term. The District 2, 4, and 6 Councilmembers will be elected
for four-year terms in 1995. Thereafter, regular city elections will
alternate between the election of Councilmembers for even -numbered and
odd -numbered Districts. The initial redistricting from four to six
' Districts was accomplished in 1990, and redistricting takes place at least
six months prior to each biennial regular election beginning with the 1993
election. The deadline for completing the redistricting process for the
April election is October 8.
This Ordinance, which was unanimously adopted on First Reading on
September 1, adopts a District/Precinct map which sets the boundaries for
the six Council districts and for 79 municipal election precincts for the
April 6, 1993 regular city election. Staff is recommending that the
District boundaries previously established for the 1991 city election be
modified to achieve a margin of difference of less than 10% between the
ideal number and the actual number of registered voters for each District.
a
This Ordinance, which was unanimously adopted on First Reading on
September 1, amends the open meetings, minutes and meeting notice
requirements of the City Code in order to bring the City's Code
requirements into closer compliance with the recently enacted changes to
the Colorado Sunshine Act. Principally, this ordinance contains a
definition of the term "meeting" and contains a general overall provision
for meetings of the City Council, as well as a corresponding provision for
' meetings of boards and commissions, which requires that: (1) all such -
meetings be open to the public, with the exception of executive sessions;
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and (2) full and timely notice be given of such meetings if they are the
type of meetings at which any formal action could occur or at which a
majority or quorum is in attendance, or is expected to be in attendance.
The ordinance also defines -the phrase"full° and timely. notice." Because
of the blanket provision regarding open meetings and notice provided for
in this ordinance for City Council, it is possible to repeal Section 2-
29(d) (dealing with notice requirements for special meetings of the
Council) and Section 2-33 (dealing with notice requirements for Council
committee meetings).
Resolution 91-102 of the City Council contains some provisions regarding
the posting of notice for meetings. Since the proposed ordinance covers
the question of full and timely notice, and when it must be given, the
only remaining purpose for Resolution 91-102 is to provide for the place
of posting.. Accordingly, this ordinance provides a paragraph defining the
second floor hall lobby of City Hall West as the place of posting, not
only for City Council meetings, but also for meetings of boards and
commissions. Therefore, this ordinance also repeals Resolution 91-102.
This Ordinance, which was unanimously adopted on First Reading on
September 1, amends Chapters 2, 3, 7, 16, and 21 of the City Code '
pertaining to the City's boards and commissions. These amendments
standardize and reorganize provisions relating to appointments. and
membership terms, term limitations, and preparation of meeting minutes.
In addition, this ordinance makes minor amendments to the functions of the
Personnel Board.
This Ordinance, which was unanimously adopted on First Reading on
September 1, authorizes the transfer of a 7,321 square foot tract located
along Hampshire Road at the rear lot lines of 2401, 2407, and 2413
Hollingbourne .Drive.. This tract was originally planned for an open
drainage channel. The developer has since installed an underground pipe
system, eliminating Stormwater's need for ownership of this tract. As
owners, the City has been required to maintain (i.e., mow, clean and weed)
this tract. By deeding this tract to the three adjacent property owners,
the tract can be added to the adjacent backyards and property owners will
assume maintenance responsibilities. The property owners will also assume
the financial burden of relocating the existing fences and will landscape
this area. In the deed conveying the land to the lot owners, the City
will reserve an easement for utility (including drainage) purposes. The
City will retain the right to have access to the storm sewer within the
tract after deeding the land (subject to the City's reserved easement) to '
the lot owners. This tract was not marketed as there is no legitimate use
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other than for extra backyard space. September 15, 1992
The ordinance was amended, subsequent to first.read:ing-in-order to. bring, it
into compliance with Section 23-111(b) of the Code pertaining to the
conveyance of property which is a part of the City's utility system.
(This property is a part of the Stormwater Utility.) The amendment
recites the additional Council finding that "the disposition of the
property will not materially impair the viability of the City Stormwater
Utility system as a whole and that it will be for the benefit of the
citizens of the City."
12.
The Landmark Preservation Commission and City Staff recommend the building
located at 112 S. College Avenue as a local landmark for its historical
and geographic importance. After rehabilitation, if done in accordance
with the Secretary of the Interior's Standards for Rehabilitation, the
structure will also have architectural importance to the City. Built
circa 1907, the building's history has included a series of retail stores
important to the life and vitality of the downtown area. This Ordinance,
' which was unanimously adopted on First Reading on September 1, designates
112 S. College as a historic landmark.
13. Second Reading of _O_r_dinance No. 95, 1992, Designatinq 330 North Howes
City of Fort Collins.
This Ordinance, which was unanimously adopted on First Reading on
September 1, designates 330 North Howes Street as a historic landmark.
The owner of the property, the City of Fort Collins, is initiating this
request for Local Landmark Designation for 330 North Howes Street (the
Street Railway Car Barn known as the Trolley Barn). A public hearing was
held by the Commission on August 5, 1992, at which time the Commission
voted to recommend designation of this property. The designation will
allow the City to apply for Limited Stakes Gambling Funds for
stabilization and rehabilitation of the structure.
The Landmark Preservation Commission and city staff recommend the building
located at 330 North Howes Street as a local landmark, primarily for its
historical and secondarily for its architectural importance.
Built in 1907, the building is most important for its association with a
significant event or historic trend, as the structure that for 44 years
housed and powered Fort Collins' early public transportation system, the
Denver and Interurban Railway Co. from 1907 to 1918, and then, the Fort
' Collins Municipal Railway., from 1919 to 1951.
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16.
September 15, 1992
On September 1, Council unanimously adopted Resolution 92-138 Authorizing
the Mayor to Enter Into an Intergovernmental Agreement with the State of
Colorado Water Conservation Board for the Purpose of Conducting a Water
Savings Research Study.
On September 1, Council also unanimously adopted on First Reading this
Ordinance, which appropriates the funds received pursuant to the Agreement
to a non -lapsing account.
Registered Electors of the City.
On September 1, Council accepted the City Clerk's Certification of the
Initiative Petition Pertaining to a Sales Tax for Natural Areas and the
City Clerk's Certification of the Amended Initiative Petition Pertaining
to a Sales Tax for a Zoo and Horticultural Center.
This Ordinance, which was unanimously adopted on First Reading on
September 1, calls a special election to be held in conjunction with the
November 3, 1992 General Election.
On September 1, Council also unanimously adopted as amended Resolution 92-
140 Referring a Citizen Initiated Ordinance Relating to a Sales Tax for
Acquisition of Land for Public Trails, Wildlife Habitat, and Natural Areas
to a Vote at a Special Municipal Election Held in Conjunction with the
General Election on November 3, 1992 and adopted as amended by a vote of
5-0 Resolution 92-141 Referring a Citizen Initiated Ordinance Relating to
a Sales Tax for a Zoo and Horticultural Center to a Vote at a Special
Municipal Election Held in Conjunction with the General Election on
November 3, 1992.
The Streets Department is performing street maintenance rehab this year
for Phases I, III and IV of the City's Street Rehab program. This work
was not anticipated and hence not included as part of the Streets
Department's 1992 budgeted appropriations. In order to successfully
complete this work and respond to other customer needs, additional
appropriations totalling $650,000 are needed. in the Work for Others
program. The Work for Others program provides patching, sweeping, minor
capital construction, drainage facility maintenance, signing, and painting
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services to City departments and divisions on a cost/reimbursement basis.
The 1992 budget for Work for Others is $792,516. It is anticipated that
another 5650,000 will be spent in completing requests for services for the
remainder of 1992.
17.
On November 21, 1974, Loveland, Fort Collins and Larimer County entered
into an Operating and Ownership Agreement for the Sanitary Landfill. That
Agreement provides in paragraph 10 that the landfill site shall be used as
a landfill open to the public and that any other use of the site shall be
reviewed and approved by the Cities and the County. Since the operation
of a recycling facility is not precisely the same as the operation of a
"landfill," it is also necessary for the City to consent to the operation
of the recycling facility. The ordinance proposed includes that necessary
consent as a prerequisite to the approval of the subsequent ground lease
for the actual recycling facility.
Larimer County proposes to lease approximately 11.28 acres of land at the
Larimer County landfill to Ally Capital Corporation of Sausalito,
' California. The land is the site of the Larimer County Materials
Recycling Facility (Facility). As co -owners of the land, Larimer County,
the City of Fort Collins, and the City of Loveland must approve the lease
agreement. The terms of the lease are one -dollar per year ($1.00) for a
period of 12 years.
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19.
This Ordinance grants an easement for construction of an electric power
line to Poudre Valley Rural Electric Association, Inc. The easement would
be adjacent to Larimer County Road 92, on Meadow Springs Ranch. The Ranch
was purchased in 1990 and is currently being evaluated as part of the
Water and Wastewater Utility Sludge Management Master Plan.
The power line will provide electrical service to the property adjacent to
the City property. Staff has reviewed this request and recommends
granting the easement. Staff sees the extension of the power line to the
property as a benefit to the City because it brings electricity closer to
the Ranch. This will help reduce the City's cost for extending power
lines to possible future City facilities at the Ranch.
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21.
22.
September 15, 1992 '
The City, with a Community Development Block Grant, purchased, moved, and
rehabilitated the house at 400 Wood Street with the intent of this
facility being used as a Respite Care Center. Respite Care is a service
that helps to provide some relief, for the parents of developmentally and
physically disabled children. The City leases this facility to Respite
Care for $1.00 per year for the public purpose of aiding disabled children
and their families. The current lease expires September 30, 1992, and
this ordinance authorizes the execution of a new Lease Agreement with
Respite Care to be effective until September 30, 1997.
Markings.
The State of Colorado currently reimburses the City of Fort Collins for
the maintenance of traffic signals, crosswalks, stop bars, signs and
pavement markings. The contract covers 45 intersections that are on State
highways within or contiguous to the City limits. This allows the future
addition of five intersections at the current reimbursement rate without
a new contract.
The costs associated with the operation and maintenance of the traffic
signals and pavement markings on the State highway system has increased. ,
After presenting these costs to the Colorado Department of Transportation
it was agreed to increase the total contract amount equal to the annual
percentage increase that the State receives each July. This year's
increase is 3%. Staff will continue to negotiate with the Colorado
Department of Transportation to recoup all costs associated with the
maintenance of traffic signals, crosswalks and stop bars, signing and
striping on the State highways.
This Resolution authorizes City staff to proceed with the refunding of the
1989 General Obligation Water Bonds (the "Refunded Bonds"). The refunding
is expected to result in a savings of approximately $540,000 to the City.
These refunded bonds are general obligations of the City. They are
payable from the proceeds of general property taxes if revenues from
ratepayers are not adequate to meet the debt service. The full faith and
credit of the City is pledged to pay the bonds.
An ad hoc Task Force on Cultural Diversity has been formed by the City, ,
Colorado State University, Poudre School District R-1 and the Chamber of
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Commerce. It is anticipated that the Task Force may occasionally be in
need of legal services in order to attain the objectives which it has
formulated. The proposed resolution. would author.i,ze,the..C.ity Attorney's
office to take the lead in providing such services in consultation with
legal counsel for the other member entities. The Charter provides that
the City Attorney shall perform such functions incidental to the position
as may be required by the Charter, the ordinances of the City and the City
Council.
23. Resolution 92-147 Making Appointments to Various Boards and Commissions.
A vacancy currently exists on the Commission on Disability due to the
resignation of Denise Sdieberle. Councilmember Azari and Kirkpatrick
reviewed the applications on file and are recommending Steve Annear be
appointed to fill the vacant term which expires July 1, 1995.
A vacancy also exists on the Cultural Resources Board due to the
resignation of Jane Folsom. After reviewing the applications on file,
Councilmembers Edwards and Azari are recommending Jennifer Sterling be
appointed to fill the vacant term which expires July 1, 1995.
Councilmembers Maxey and Kirkpatrick reviewed the applications on file for
the Landmark Preservation Commission and are recommending that Richard
Hill be appointed to fill a vacancy created by the resignation of Rheba
Massey. The term expires July 1, 1996.
24. Resolution 92_-148 Autho_riz_i_ncLthe Lease of City -owned Property at 945 East
The City purchased this house and lot as part of the Prospect/Lemay
intersection improvement project. Negotiations are still underway with
other affected property owners. Construction of the right turn lane from
Prospect to Lemay has been delayed for at least a year until the owner of
the Texaco station redevelops his property. This redevelopment of the
Texaco station will allow the construction of the right turn lane at an
affordable price. With the lack of rental housing available in Fort
Collins, there has been a great deal of interest in this vacant house.
Renting this property reduces the expense of maintaining a vacant house
and produces unanticipated revenue. The rent will be $550 per month for
a one year term.
25. Routine Easement.
a. Powerline Easement from Dale K. and Mary F. Eggleston, 910 Mathews
Street, needed to underground existing overhead electric system.
Monetary consideration: $10
' Ordinances on Second Reading, were read by, title by City Clerk -,Wanda Kraji.cek.
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September 15, 1992
Item #7. Second Reading of Ordinance No. 85; 1992, Authorizing the Mayor to '
Execute a Utility Easement in Favor of Public Service Company of
Colorado.
Item #8.
Item #9. Second Reading of Ordinance No.. 91, 1992, Amending the Code
Regarding Open Meetings and the Keeping of Minutes of Such Meetings
of the City Council, Council Committees, and City Boards and
Commissions.
Item #10.
Commissions.
Item #11.
Item #12. Second Reading of Ordinance No. 94, 1992, Designating 112 S. College
Avenue as a Historic Landmark Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
Item #13. Second Reading of Ordinance No. 95, 1992, Designating 330 North I
Howes Street as a Historic Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
Item #14. Second Reading of Ordinance No. 96, 1992, Appropriating
Unanticipated Revenue in the Amount of $10,000 to the Water Fund for
the Purpose of Conducting a Water Savings Research Study.
Item #15. Second Reading of Ordinance No. 98, 1992, Calling a Soecial
Municipal Election to Be Held in Con.iunction with the November 3,
1992 General Election for Submission of a Citizen Initiated
Ordinance to a Vote of the Registered Electors of the City.
Ordinances on First Reading were read by title by City. Clerk Wanda Krajicek.
Item #16. Hearing and First Reading of Ordinance No. 100, 1992, Appropriating
Unanticipated Revenue in the Streets Department Portion of the
Transportation Fund for the "Work for Others" Program.
Item #17. Hearing and First Reading of Ordinance No. 101, 1992 Consenting to
the Operation of a Materials Recycling Facility at the Larimer
County Landfill and Authorizing the Execution of a Ground Lease for
the Materials Recycling Facility.
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September 15, 1992
Item #18.
Item #19.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, and Maxey. Nays:
None.
THE MOTION CARRIED.
Ordinance No. 85, 1992, Authorizing the Mayor to
Execute a Utility Easement in Favor of Public
Service Company of Colorado. Adopted on Second Reading
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY:
' Development to the east of Pineridge Open Space will allow the Public Service
Company to adjust its overhead power line across City property. The existing
power line which runs west from near the Quail Hollow Subdivision and across the
ridge and over Dixon Reservoir will be abandoned and removed by Public Service
Company.
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A new overhead power line will be installed from the existing power line near
Hughes Stadium south to the existing overhead line on the Pineridge Open Space
property. This new line will allow for about 114 mile of line to be removed on
the open space property. The existing line is difficult to maintain and a safety
hazard since it crosses Dixon Reservoir.
The new power -line easement totals about 1.3 acres and contains an access road
to service the power line on open space property. This Ordinance, which was
unanimously adopted on First Reading on July 21, authorizes the Mayor to execute
a Utility Easement in favor of the Public Service Company of Colorado.
Consideration of this item on Second Reading was postponed from August 4 to this
date to allow time for review by the Parks and Recreation Board. The Parks and
Recreation Board discussed this item at its August 26, 1992 meeting. The Board
voted 6-0 to accept staff's recommendations of granting the new powerline
easement and not undergrounding the new line. Minutes from the meeting are
attached.
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The Natural Resources Advisory Board voted 6-1 to support staff recommendations
at its September 1 meeting."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 85, 1992 on Second Reading.
Councilmember Horak suggested a policy on requiring power lines across open space
be underground.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 85, 1992 was as
follow: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, and
Maxey. Nays: None.
THE MOTION CARRIED..
Resolution 92-146 Authorizing the City Attorney to Provide
The following is staff's memorandum on this item:
"FINANCIAL IMPACT:
It is anticipated that the legal services to be provided to the Task Force on I
Cultural Diversity could be provided within the existing budget of the City
Attorney's office.
EXECUTIVE SUMMARY:
An ad hoc Task Force on Cultural Diversity has been formed by the City, Colorado
State University, Poudre School District R-1 and the Chamber of Commerce. It is
anticipated that the Task Force may occasionally be in need of legal services in
order to attain the objectives which it has formulated. The proposed resolution
would authorize the City Attorney's office to take the lead in providing such
services in consultation with legal counsel for the other member entities. The
Charter provides that the City Attorney shal.l.perform such functions incidental
to the position as may be required by the Charter, the ordinances of the City and
the City Council."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 92-146.
Barbara Allison, 1212 Lynnwood Drive, questioned why the Task Force needs legal
advice from the City Attorney.
City Attorney Roy stated the City is under no legal obligation to provide legal
services to the Task Force. If Council believes it would serve a public purpose,
adoption of the Resolution is necessary to authorize the City Attorney to perform I
that function.
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Councilmember Fromme questioned whether the other entities involved were
providing legal counsel.
Roy replied the intention was for the City Attorney's office to take the lead,
but counsel for the other entities will be involved.
Councilmember Azari said the Task Force supported the City's taking the lead as
all 4 entities have legal counsel.
Mayor Kirkpatrick spoke of this action as anticipating a need which may exist
in the future.
Councilmember Horak was concerned about establishing a precedent that the City
would staff, organize and fund the Task Force instead of the cost being shared
by the entities.
The vote on Councilmember Azari's motion to adopt Resolution 92-146 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, and
Maxey. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Clerk Wanda Krajicek reported on the revised format of the minutes of the
council/staff meetings, describing how confidential information will be marked
in future minutes.
City Attorney Roy clarified what types of information are considered
"confidential."
Councilmember Horak questioned who would determine when information was
confidential.
Roy stated the proposed procedure allows an individual to request information be
entitled to confidential treatment, but when an inspection is requested, the
custodian has the responsibility of deciding whether it qualifies for
confidential treatment. He stated that a Council member may release items labeled
confidential unless, under the Code, that action will advance some private
interest or might injure the financial interest of the City.
Public Hearing on the Proposed 1993 Budget
The following is staff's memorandum on this item:
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,"EXECUTIVE SUMMARY: September 15, 1992
This is the. first official. Public Hearing on the proposed 1993 Budget for the
City of Fort Collins."
The following citizens spoke:
1. Tim Johnson, 2939 Brookwood Place, was concerned about money spent for a
parking lot versus money budgeted for open space.
2. Al Bacilli, 520 Galaxy Court, opposed paying vendors to remit sales tax to
the City.
3. David Herrera, 3300 Pepperwood Lane, complimented staff on the budget
document, but expressed concern about the lack- of funding for affordable
housing. He recommended authorizing funds of $250,000 from reserves for
a housing opportunity initiative and creating a new staff position of a
development facilitator.
4. Bruce Lockhart, 2500 E. Harmony Road, requested explanation of utility
rate increases, spoke of the potential impact on sales tax revenues of the
new Loveland outlet mall, expressed concerns about emergency dispatch
equipment, and supported the vendor fee rebate.
Deputy City Manager Jones related Kelly Ohlson's comments recommending a higher '
priority in the budget for funding for natural areas.
Councilmember Horak spoke about the omission of funding for replacement and
renovation of recreation facilities and City compliance with the Americans with
Disabilities Act, including City Park shelters.
Resolution 92-149 Authorizing the Interior
Composition of the New Senior Citizen Center, Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT -
This Resolution identifies the interior composition of the new .senior citizen
center. This project will not exceed the budget that has already been allocated:
1989 Needs Analysis $ 55,000
1992 Design 516,000
1992 Added By Council in July 433,000
1993 Construction 3,186,700
1993 Fees, Equipment, Furnishings, Contingency, Admin. 1,002,800
TOTAL: $ 5,193,500 '
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* Added from Capital Reserves and General Fund Reserves for land purchase and
site development.
EXECUTIVE SUMMARY:
In March, 1991, the Building and Project Teams completed the initial needs
analysis phase for the new senior citizen center. Council adopted Resolution 91-
52 on March 19, 1991 (Attachment 1), acknowledging the completion of the needs
analysis and asking staff to further review the compatibility and feasibility of
locating a swimming facility in conjunction with this facility.
Adoption of this Resolution will finalize the interior composition for this
facility and will allow the project to proceed on schedule into the design
development phase.this fall.
BACKGROUND:
A Building Team was established at the beginning of the work on this project.
The Building Team is a group of representatives from six City Council -appointed
citizen boards and commissions: Senior Advisory Board, Parks and Recreation
Board, Commission on Disability, Commission on the Status of Women, Human
Relations Commission, and Planning and Zoning Board. The role of the Building
' Team is to work with the architects and Project Team through the various project
phases and help formulate recommendations to City Council. The Building Team
also is a communications link between the project and community groups interested
in the project. The Project Team is comprised of City staff representatives from
Facilities, Recreation, and Planning, who work in conjunction with the architects
to plan the facility and see the project to completion.
The Building and Project Teams developed a mission statement for the project in
1990. A series of community surveys and open houses were held in 1990 and 1991
to identify the kinds of spaces and programs that should be included at this new
facility.
The mission of the new senior citizen center is to
Maintain and enhance the quality of life of older citizens. Quality of life
for this diverse age group is exemplified by living independently,
sustaining health, remaining active in community events and issues,
effectively using resources and finances, and maintaining enjoyable social
relationships.
Allocation of space in this facility has been determined by the Building and
Project Teams based on the following priorities:
Priority 1. Replacement of the general use spaces that are in the current
facility-- meeting rooms and classrooms; multi -use room, lounge,
reception area, media center/library, offices, multi -use service
agency space, kitchen, billiards/pool room, and crafts room.
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Priority 2. Addition of spaces to support, maintain, and enhance ongoing health
and wellness-- fitness center, jog/walk track, four -lane lap pool,
and locker rooms..
Priority 3. Specialized activity areas-- darkroom, auditorium, music room, more
classrooms, racquet courts, separate computer work room, wood/metal
shop, warm water therapy pool, and separate game and cards room.
The project budget will support the inclusion of all items in=riorities 1 and
2, but not the Priority 3 items. The Priority 3 items make up the list for
future facility expansion.
Operation and Maintenance
The total net cost to operate and maintain this new. facility the first year is
projected to be $423,000. This is $243,800 more than is budgeted for the current
senior center. The operations portion of this cost will be in the Recreation
budget, while the maintenance portion will be in the Facilities budget.
Currently the senior center operation generates $69,000. Revenue projections for
this new center are $170,000.
The following chart compares the cost of the current center to the projected
costs of the new center:
BUDGET-- CURRENT CENTER:
Expense --
Recreation $210,000
Facilities 38,200
Gross Cost: $248,200
Revenue-- $ 69,000
Net Cost-- $179,200
BUDGET-- NEW CENTER:
Expense—
Recreation $470,000
Facilities 123,000
Gross Cost: $593,000
Revenue-- $170,000
Net Cost-- $423,000
In the proposed 1993 budget, staff is recommending that. $200,000 be. added in
General Fund support to the Recreation Fund. That amount would be held in
reserve in the Fund, to be used For support of .increased operation and
maintenance costs when the new senior center opens in 1994.
The following chart lists the various spaces planned in the facility, the cost
to construct, operation and maintenance expense, and the estimated amount of
revenue that might be derived from the spaces the first year of operation.
ACTIVITY SPACE
Lobby,. Reception, Lounge,
Public Restrooms
SIZE SF CONSTRUCTION 0&M EXPENSE REVENUE
1,800 $ 150,000 $363,000 *
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September 15, 1992
Offices 1,400 98,000 0
Multi -use Room, Kitchen, 6,200 507,200• 10,000,
Classrooms, Meeting Rooms,
Wet Crafts Room 41500 327,000 80,000 **
Media Center/Library,
Billiards/Pool Room
1,900
136,000
0
Fitness Center, Jog/Walk
Track
10,300
784,500
25,000
Lap Pool, Spa
4,500.
504-,000
107,000 55.,000.
Locker/Changing Rooms
2,500
225,000
0
Storage, Circulation,
Mechanical
71000
455,000
123,000 0
TOTAL:
40,100 SF
$3,186,700
$593,000 $170,000***
* This number represents Recreation Division expenses for all areas of the
facility except the pool.
** This number also includes revenue from senior citizen activities held outside
the facility, such as trips or the Sunbird program.
***The total revenue is that attributed to the senior citizen center budget.
Revenue from use of the senior center for other adult and youth programs would
be shown in those other program areas.
Facility Scheduling
Staff would schedule this facility in the same manner as the current senior
center is scheduled. Spaces are reserved for senior activities first on a
seasonal basis. Rooms not used by senior programs are then scheduled for other
recreation programs, primarily later in the day and on weekends. Many activities
for all ages of adults are also scheduled at the senior center now, and seniors
are encouraged to participate in these activities, as well as the ones planned
exclusively for them. These activities use primarily the classroom spaces or
kitchen and include arts and crafts, dance, fitness, and special interests.
In the new center, activities for all ages of adults would be expanded to include
use of the fitness center and the pool, again scheduled after specific needs of
the seniors were met. Some youth activities would be scheduled at the facility,
' but with special care to avoid conflicts with.senior programs. The warm water
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September 15, 1992 '
temperature in the pool would, for example, provide an ideal class setting for
parent -tot swim classes.
The Lap Pool
Most of the discussion to date has focused on the inclusion of a lap pool in the
center. A four -lane lap pool and eight -person spa is recommended for this
project by the Building and Project Teams and is included in the space list in
the Resolution. This recommendation is based on supportive input received from
many individuals and groups through the needs analysis phase of the project.
This recommendation is also directly supportive of the project mission statement,
which promotes maintenance and enhancement of quality of life and.health for
older citizens.
Those not in support of including a pool have cited three major reasons: 1) a
pool will be too costly to operate over the long term; 2) there is little data
to indicate that enough people will use a pool to justify its construction; and
3) there are other pools in the community that can be used for this activity.
Resolution 91-52 (Attachment 1) directed staff to review the compatibility and
feasibility of locating a pool with this facility. Following is a summary of the
advantages and disadvantages of including the pool:
ADVANTAGES OF A POOL: '
1. Many individuals and groups, through the public input process, requested
that a pool be included. Many who currently do not use public pools said
they would use a pool at the senior center where there would be more
frequent and consistent availability for seniors who need constant warmer
water and who don't care to disrobe in front of youngsters.
2. The benefits of water exercise on the elderly is well documented by the
Arthritis Foundation. The warmth and buoyancy of water can help decrease
pain and/or stiffness and help improve or maintain joint flexibility.
3. National demographics indicate that in ten years there will be 18,500,000
more people in the U.S. over age 45 than today. The Fort Collins population
increased by 22,666 people from 1980 to 1990. 23.7Y, or 5,377, of that
increase was in the 45+ age group. These are the immediate future users of
the new senior center. There was a 49.7% increase in the 25-44 age group,
which is the baby -boomer age group. These people are physically active and
they enjoy biking, aerobics, swimming, and other forms of exercise. It is
projected that they will continue to enjoy these activities, even in
modified form, as they age. The City, along with a variety of private
providers, will be called upon to provide these services.
4. Water exercise classes offered by the Recreation Division are popular with
seniors, and non -seniors. Participation in water exercise classes,. for al.1 '
adults from 1988 (26,078 participations) through 1991 (35,597
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September 15, 1992
participations) reflected a 40Y, increase during that period. The average
age of participants is about 40. It is projected that this form of exercise
will continue to increase in popularity as the baby boomers continue to age.
5. A pool in the senior center provides an important opportunity for this
population to continue preventive efforts at retaining physical health and
a lifestyle that contributes to the community.
6. A pool at the senior center location provides swim opportunities to
residents in the southwest sector of the City.
DISADVANTAGES OF A POOL:
1. The pool is estimated to cost $504,000 to construct. The City could channel
this fairly large portion of the construction budget from a very specialized
Facility like a pool, to add or enhance some other spaces. During the first
year of operation, the pool is expected to cost $107,000 to operate and
maintain, while bringing in $55,000 in revenue.
2. It is difficult to project the potential number of swimmers at the new
senior center. Even though the number of pool users is estimated to
increase over the years, operation and maintenance costs will also increase.
It is questionable whether the number of swimmers will increase sufficiently
' to significantly offset continually -rising operation and maintenance costs.
3. There are other options for senior swimmers. The City already provides one
outdoor and two indoor pools, and several local health clubs have swimming
facilities. In addition,. the taxpayers are currently investing $1.9 million
to improve and enhance one of the City's indoor swim facilities.
4. It is possible that pool facilities could be added to the senior center as
part of future expansion in the years to come.
Summary
This Resolution identifies the space uses that are to be constructed in the new
senior citizen center.. If adopted, spaces defined earlier in Priorities l and
2 would be used to design and construct the facility. The six members present
at the August 26, 1992 meeting of the Parks and Recreation Board voted
unanimously to support adoption of this Resolution. The senior center Building
Team alsorecommends its adoption."
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-149.
Recreation Director Jean Helburg made a presentation on this item.
' Kay Rios, 160 Circle Drive, vice chair of the Senior Advisory Board and
representative of the project Building Team, concluded the presentation.
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September 15, 1992
June Bergstrom, member of the senior games and swim team, opposed mixture of ages '
in the pool, expressed concerns about water temperature, and presented a petition
with 279 signatures.
Bill Weddell, 4312 Edith Drive, member of SOAP (Slightly Older Adult Players)
Troupe, read a statement regarding theater concerns and pool maintenance costs
and asked for inclusion of a theater facility.
Bill Benton, 1106 Ash Drive, asked that design for a "black box" space which
could be used for a theater, etc. be incorporated into the senior center.
Evelyn Clarke, 1401 Lindenwood, spoke of her concerns about deferred maintenance
and opposed a lap pool.
Fred Benson, 2909 Eagle Drive, spoke in favor of the lap pool..
Dorothy Pillmore, 2631 Shadow Court, spoke in favor of a pool at the senior
center.
Kathleen Jones, 3200 Stanford, member of Senior Advisory Board and Building Team,
supported inclusion of a lap pool and its dedication to seniors.
Bruce Lockhart, 2500 E. Harmony Road, supported a community center rather than
a seniors only center and requested information on access and discrimination. I
Al Bacilli, 520 Galaxy Court, supported a lap pool.
Councilmember Maxey asked about the relation of the cost to the Choices 95
projections.
Helburg stated the costs do not exceed the budget. She stated the architect
worked closely with the Building Team and the Project Team to cost out the spaces
for the priority list.
Mayor Kirkpatrick asked if additional swim facilities are needed to meet the
needs of the community.
Helburg predicted that, based on projected growth, in 3-5 years another pool will
be needed.
Councilmember Horak questioned whether the ballot issue specified a "senior"
center.
Helburg stated it specified a senior center.
Councilmember Horak asked about discussions with the health club on the use of
its pool.
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' September 15, 1992
Helburg replied that there have been discussions with Pulse and a couple of other
clubs, but seniors' specific needs regarding water temperature, safety and
modesty wouldn't be met.
Councilmember Horak asked about the "black box" concept.
Helburg replied that theater discussion will be held with Mr. Weddell and Mr.
Benton and the architects.
Councilmember Maxey asked whether any adjustments had been made to the plans
based on the site.
Helburg stated that conceptual design options for placement on the site are being
considered at this time with the architects.
Mayor Kirkpatrick *asked about exclusive programming at the downtown renovated
pool.
Helburg replied that some exclusive activities will be held at all three pools,
with the senior center pool being utilized for other activities during non -senior
hours.
Councilmember Fromme supported the center being designed for a community pool to
' be built in the future and contracting with an adjacent health club for seniors
to use its pool over the next 5-10 years.
Mayor Kirkpatrick supported Councilmember Fromme's proposal and expressed
concerns about the. Bruce amendment.
Councilmember Edwards supported Councilmember Fromme's concept.
Councilmember Fromme made a motion, seconded by Councilmember Edwards, to amend
the Resolution to delete the 4-lane lap pool, spa, etc. and add the design for
a future community pool to encompass the needs of seniors as well as the rest of
the community and add the City would pay a negotiated fee to a health club to
provide exclusive swimming for seniors during weekdays. (Exact language of the
amendment would be drafted by the City Attorney).
Councilmember Edwards asked about the timing needed to move forward.
Helburg replied if the full package is adopted now, conceptual and final design
can be completed on schedule.
In response to a question by Councilmember Maxey, Councilmember Fromme proposed
leaving the spa in the plan.
Helburg pointed out that a spa would require constant supervision during use so
operation costs would.be high. '
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September 15, 1992 '
Councilmember Azari supported the pool being built now and spoke against the
amendment.
Councilmember Fromme- spoke- of her concern that a 4-lane poo-1 might not be
sufficient in the future.
Kay Rios, 160 Circle Drive, vice chair of the Senior Advisory Board, asked for
support for building team recommendations.
Hank Simpson, 1327 W. County Road 68, opposed the amendment.
Al Bacilli, 520 Galaxy Court, objected to last minute changes.
Jean Simpson, chairperson of the senior council at the community center,
supported the.lap pool now..
Elnora Martinelli, 2921 Terry Lake Road, spoke against the amendment.
Bruce Lockhart, 2500 E. Harmony Road, supported the amendment.
Bill Devereaux, 3343 Santa Fe Court, was concerned about changes to the proposal.
Norma Benson, 2909 Eagle Drive, supported moving ahead on the plan as proposed.
Evelyn Clarke, 1401 Lindenwood, spoke of the cost to purchase the land and I
maintenance.
Hank Simpson reminded that Council was responsible for the location of the
center.
Councilmember Azari clarified that the decision on the pool was not made in the
past and would be made this evening.
Councilmember Fromme clarified her support of a pool in the senior center to be
built in the future.
City Attorney Roy proposed the following language for the amendment:
"NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council generally supports the interior
composition of the new Senior Citizen Center as recommended by
the Building and Project Team, realizing that construction
conditions and costs may require minor changes, and supports the
following list of spaces for this facility: lobby, recreation
area lounge, public restrooms, offices, multi -use room, kitchen,
classrooms/meeting rooms, media center/library, billiards/pool ,
room, fitness center, jog/walk track, spa, locker rooms, wet
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September 15, 1992
crafts room, and storage, the total to equal approximately forty
thousand (40,000) square feet.
Section 2. That the design of the new Senior Citizen Center
also allow for the future construction of a community pool.
Section 3. That City staff is hereby directed to develop an
alternative proposal for making appropriate public or private
swimming facilities available for the exclusive use of senior
citizens."
Councilmember Edwards withdrew his second due the inclusion of "40,000 square
feet" and the language "exclusive use of seniors".
Director of Cultural, Library and Recreational Services Mike Powers suggested
deleting the square footage from Section I and adding "and such other spaces from
the Building and Project Teams' future expansion list as can be accommodated
within the approved budget."
Councilmember Edwards was still troubled by the "exclusive use" language.
Councilmember Fromme made an amendment, seconded by Mayor Kirkpatrick, to change
' the language in Section 3 to remove the word "exclusive".
City Attorney Roy read the amendment as revised:
"NOW, THEREFORE, BE IT RESOLVED. BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council generally supports the interior
composition of the new Senior Citizen Center as recommended by
the Building and Project Team, realizing that construction
conditions and costs may require minor changes, and supports the
following list of spaces for this facility: lobby, recreation
area lounge, public restrooms, offices, multi -use room, kitchen,
classrooms/meeting rooms, media center/library, billiards/pool
room, fitness center, jog/walk track, spa, locker rooms, wet
crafts room, and storage, and such other spaces from the
Building and Project Teams' future expansion list as can be
accommodated within the approved budget, with the total square
footage of the facility to equal approximately 40,000 square
feet.
Section 2. That the design of the new Senior. Citizen Center
also allow for the future construction of a community pool.
' Section 3. That City staff is hereby directed to develop an
alternative proposal for making appropriate public or private
swimming facilities available for the use of senior citizens."
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September 15, 1992 '
Councilmember Horak wondered how future construction of a pool can be specified
in the-Resolution,without funding.
Councilmember Maxey stated that the amended Resolution spends all the money on
the facility with no pool and supported a pool in the same building.
Councilmember Horak spoke against the amendment and supported the pool.
Councilmember Fromme restated her support for a pool in the senior center.
Councilmember Edwards spoke against the amendment.
The vote on the proposed amendment to Resolution 927149 was as follows: Yeas:
Councilmember Fromme. Nays: Councilmembers Azari, Edwards, Horak, Kirkpatrick,
and Maxey.
THE MOTION WAS DEFEATED.
Mayor Kirkpatrick expressed her concerns about the expense of the project but
supported moving ahead.
Councilmember Azari supported the Resolution. '
The vote on Councilmember Azari's motion to adopt Resolution 92-149 was as
follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick, and .Maxey.
Nays: Councilmember Edwards.
THE MOTION CARRIED.
Resolution 92-150 Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Land for Parking,
Transportation and Fire Protection Purposes, Adopted
The following is.staff's.memorandum on.this item:
"FINANCIAL IMPACT:
Funding to complete the appraisal and acquire the property through condemnation
or settlement will come from Transportation Reserves account which currently has
a balance of approximately $384,000.
EXECUTIVE SUMMARY:
Staff has, for over a year, been in the process of negotiating the acquisition
of two parcels of land in downtown Fort Collins which are currently owned by
Trillium Corporation,, a Bellingham,. Washington based developer, of, industrial, I
residential, and recreational projects (see attached map).
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September 15, 1992
'
The parcels in
question include the 71,250 square
foot lot located at the
southeast corner
of the intersection of LaPorte Ave.
and Mason Street, commonly
known as the
LaPorte -America Parking lot (Parcel
1). This property has
functioned as.a
parking facility for over forty years..
For much of this period.,
and throughout
the recent negotiations, the lot has been
leased by the City, with
parking permits issued on a monthly charge basis
to private office, retail
customers, and
government agencies.
The other parcel which the City sought through negotiation, but is not to be
involved in this condemnation proceeding, is a 12.76 acre parcel adjacent to Lee
Martinez Park. Staff has concerns regarding the environmental condition of this
site, and is, therefore, not interested in acquisition of this parcel without
further analysis.
The negotiation focused on the acquisition of both parcels I (LaPorte Lot), and
8 (adjacent. to Lee Martinez Park), for $499,000, or a combined per square foot
price of $.80. The concerns regarding the condition of parcel 8 led staff to
conclude that it was not in the City's best interest to acquire this property
without further analysis. The City therefore agreed to proceed with a closing
on the acquisition of parcel 1, and to place an amount of money in escrow to
cover the purchase of parcel 8 in the event it was determined to be free of any
contamination.
' The City and Trillium Corporation were not able to come to terms regarding the
amount to place in escrow. Staff believes that Trillium was seeking an above
market price for the parking lot.
Since the LaPorte Lot has been an integral part of the downtown business
structure for many years, it is critical to the continued viability of the Opera
Galleria project and Old Town, and because there is a strong community need for
parking in the downtown area, staff is recommending acquisition through the
condemnation process. Staff believes that impasse has been reached in the
negotiations with Trillium Corporation, which will not likely be resolved in the
near future. Without the LaPorte Lot in the parking inventory, the economic
future of downtown Fort Collins is questionable.
In addition,. staff believes it is important to acquire an 11,000 square foot
segment of two of the TriH'ium parcels (parcel 2 & 3). This property currently
functions as an alleyway, running north/south, from Maple Street to LaPorte
Avenue (see attached plan). In the event Trillium decides to fence, sell, or
develop their property, this "alleyway" will be required by Poudre Fire Authority
to service 281 North College Avenue, and other structures fronting on College
Avenue.
Council adoption of this Resolution authorizes staff to proceed with a fair
market appraisal of the LaPorte -America lot (cost for this appraisal is
approximately $3-4,000), as well as the alleyway (cost to appraise the alleyway
will be an additional $3-4,000). Once fair market value has been established the
' City will package a final good faith offer to Trillium Corporation, and. proceed
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September 15, 1992 '
with condemnation if the offer is not accepted. Since Trillium may contest the
appraisal and demand an additional appraisal at the City's expense, the short
term view is that, the.:process can run. from.. approximately four to eight. months
depending upon the time required to complete the appraisals.
Trillium has accepted the City's offer to extend the lease of the lot through
December 1992. The cost of the lease for this period will be shared equally
between the City and the Downtown Development Authority (Total cost for the
period is $8,317)."
Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt
Resolution 92-150.
Director of Economic Affairs Frank Bruno made a presentation on this item.
Councilmember Azari inquired about Parcel 8.
Bruno stated he had contacted Trillium and expressed the City's continued
willingness to entertain a deal for the 2 parcels with price as an issue.
Councilmember Maxey asked about both appraisal figures being the same.
Bruno replied that the alley is on 2 parcels and will require a before and after '
market value appraisal.
Rick Goodale, chair of the Downtown Development Authority, supported the
acquisition of the LaPorte parking lot.
Bruce Lockhart, 2500 E. Harmony Road, questioned what Trillium would do with the
property if the City doesn't acquire it.
Councilmember Edwards supported eminent domain proceedings.
Councilmember Maxey was concerned about the expense to acquire the alley since
during a PUD process the alley would be dedicated to the City anyway.
Bruno stated there is.an existing problem with access because the prior owner, of
the building had placed transformers which encroach into the right-of-way. He
supported acquisition now while the market value is favorable.
Councilmember Horak supported the Resolution but expressed concerns about parking
fees after acquisition and the role of the City in providing off-street parking.
The vote on Councilmember Edwards' motion to adopt Resolution 92-150 was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, and Maxey.
Nay: Councilmember Fromme.
THE MOTION CARRIED. '
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September 15, 1992
Other Business
Counci.lmember Maxey reported, that. the-. accumulated: funds-> from.. the E-91.1 50
cent/month charge will be spent to purchase equipment, with activation in June,
1993.
Councilmember Horak requested a 2-page memo providing information on the current
laws on runaways, including the consequences for runaway minors and the
consequences for harboring runaways.
Mayor Kirkpatrick announced that at 7 p.m. on Thursday, September 17, she would
host a town meeting to discuss the proposed key performance areas from Challenge
Fort Collins and the vision statement.
AdJournment
The meeting adjourned at 10:15 LAM
ayor
ATTEST:
City Clerk
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