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HomeMy WebLinkAboutMINUTES-04/18/1989-Regular1 1 April 18, 1989 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, April 18, 1989, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation naming April 21 as Arbor Day was accepted by Jim Clark, Chairman of the Community Horticulture Center. Jim Hubbard, State Forester, and Tim Buchanan, City Forester, spoke on the City's accomplishments regarding the urban forestry program and noted that this is the llth year in a row that Fort Collins has received this award. B. Proclamation naming the week of April 24-28 as Professiona Week was accepted by Joan Busch, representing the Mountain of Professional Secretaries International. C. Proclamation naming April 30-May 6 as American Home Week by Mike Long, Manager of American Heritage Title. ew Lnapter was accepted D. Proclamation namin Ma as Better Hearing and Speech Month was forwarded to the appropriate persons. Bill and Holly Wright, owners of Wright Life Sporting Goods, expressed their concerns regarding skateboarding. They passed out copies of a proposal representing the ideals of the citizens group called Fort Skate, in hopes of building a skateboard facility in Fort Collins. Lynn Block, 5328 Fossil Ridge Drive, distributed maps of Fossil Creek Meadows and spoke regarding the alignment concerns of the Fossil Creek Parkway. Ms. Block proposed an alternative access route from Trilby to Harmony and from College to Lemay and requested a reevaluation of the proposal and encouraged additional citizen involvement. Liz Gerth, member of the Larimer County Humane Society, noted her concerns regarding the problems at the Humane Society and asked for Council consideration of the matter as soon as possible. -236- April 18, 1989 Bruce Lockhart, 2500 East Harmony Road, spoke of the 214th Anniversary of ' the beginning of the American Revolutionary War, the Battle of Lexington and Concord. He commented on the rights of the American people to keep and bear arms. Jeff Young, of Concerned Members for a responsible .Humane Society, expressed concerns regarding the ownership of Humane Society vehicles and the use of City funds to finance Larimer County animal control. He requested Council look into misappropriation of funds budgeted for animal control staff training and lack of direction from management and staff with regard to training of personnel. Agenda Review: City Manager City Manager Burkett stated that under Other Business there would be an Executive Session and that the Resolution had been revised for Item #29, Resolution 89-94 Amending the City's Application for Rails to Trails Conversion of a Portion of the Burlington -Northern Railroad Rex Line, to clarify the location of the milepost indicator for the rails to trails application. Councilmember Maxey requested Item #21, Resolution 89-91 Authorizing A Waiver From the Public Street Capacity Requirement to Construct Off -Site Street Improvements for the East Mulberry Place PUD Master Plan and Item I #22, Items Relating to Acquisition of Land in the Foothills, be withdrawn from the Consent Agenda. Councilmember Azari asked that Item #16, Hearing and First Reading of Ordinance No. 75, 1989, Appropriating Prior Year Reserves in the General Fund in the Amount of $1OO,0O0 from the Ford Foundation to Advance the Goals and Objectives of the Land Development Guidance System (LDGS) and Item #17, Items Pertaining to Financial Computer Systems Procurement, be removed from the Consent Calendar. Councilmember Mabry withdrew Item #23c, Right-of-way dedication from Everest and Westcor Limited Partnership needed for constructing new street improvements in the realignment of Foothills Parkway and Mathews Street connected with improvements in the Foothills Fashion Mall Expansion, 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 be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Caler-4ar will be considered separately under Agenda Item #24, Pulled Consent Itec:s. 5. Consider approval of the minutes of the regular meeting of April 4 -237- RE April 18, 1989 Items Relating to Lemay Avenue First Annexation and Zonin A. Second Reading of Ordinance No. 58, 1989, Annexing Approximately 3.6 Acres Known as Lemay Avenue First Annexation. B. Second Reading of Ordinance No. 59, 1989, Zoning Approximately 3.6 Acres Known as Lemay Avenue First Annexation, into the BP Planned Business District, with a planned unit development condition. On April 4, Council unanimously adopted Resolution 89-76 Setting Forth Findings of Fact and Determinations and unanimously adopted on First Reading Ordinance No. 58, 1989 and Ordinance No. 59, 1989. The ordinances annex and zone approximately 3.6 acres of Lemay Avenue and Hoffman Mill Road right-of-way, located north of the Burlington -Northern Railroad tracks to Mulberry Street. The requested zoning is the BP Planned Business District, with a planned unit development condition. APPLICANT: City of Fort Collins OWNER: Same Items Relatinq to Lemay Avenue Second Annexation and Zoning. Second Reading -of Ordinance No. 60, 1989, Annexing Approximately 6.2 Acres Known as Lemay Avenue Second Annexation. Second Reading of Ordinance No. 61, 1989, Zoning Approximately 6.2 Acres Known as Lemay Avenue Second Annexation, into the BP Planned Business District, with a planned unit development condition. On April 4, Council unanimously adopted Resolution 89-77 Setting Forth Findings of Fact and Determinations and unanimously adopted on First Reading 9 and ordinancesannexOrdinance s do zone approximately d6 2caces f Lema89Avenue right-of-way, located north of Mulberry Street to Lincoln Avenue. The requested zoning is the BP Planned Business District, with a planned unit development condition. APPLICANT: City of Fort Collins OWNER: Same A. Second Reading of Ordinance No. 62, 1989, Annexing Approximately 9.1 Acres, Known as the McClanahan First Annexation. B. Second Reading of Ordinance No. 63, 1989, Zoning Approximately 9.1 Acres, Known as the McClanahan First Annexation, Into the B-P, Planned Business, Zoning District with a PUD Condition. On April 4, Council unanimously adopted Resolution 89-77 Setting Forth Findings of Fact and Determinations and unanimously adopted on First Reading Ordinance No. 62, 1989 and Ordinance No. 63, 1989. The -238- a 10. April 18, 1989 ordinances annex and zone approximately 9.1 acres located west of South College Avenue and south of the REA Building, 1/4 mile south of Harmony Road. The requested zoning is the B-P, Planned Business District with a PUD condition. The property is presently undeveloped. The property is currently zoned T-Tourist in the County. This is a voluntary annexation. APPLICANTS: Fred R. & Dorothy L. McClanahan OWNERS: Same 5001 South College Avenue Fort Collins, CO 80525 Since before 1980, Police Services has used existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing its duties which have not been funded through the routine budget process. These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditure. This Ordinance, which was unanimously adopted on First Reading on April 4, appropriates $83,164 from prior year reserves which reflects seizure money on account through year-end 1988. The action has been requested by the Finance Department to allow expenditures through 1989. Awards made by the courts during 1989 will be appropriated early in 1990. During the 1989 budget process, staff conducted studies of the Potential use of private contractors, use of smaller vehicles on the routes, and the development of a strategic plan. These studies were completed after the 1989 budget was adopted, but were defined sufficiently to include in the City's Urban Mass Transportation Administration (UMTA) grant submitted in December 1988. UMTA has reviewed and approved the 1989 grant including these projects. This Ordinance, which was unanimously adopted on First Reading on April 4, appropriates $268,891 in unanticipated revenue for the funding of Transfort's capital ($209,781) and planning ($59,110) projects. C I I -239- April 18, 1989 Work began on January 23, 1989 to replace a structurally deficient bridge on Laporte Avenue near Frey Avenue across the Larimer No. 2 Canal. During excavation, a 20" cast iron water line was uncovered 9 inches below the existing earthen floor. The new bridge required installation of a new concrete floor at the same elevation of the water line. Several alternatives have been studied. The permanent solution will require the construction of a new water line at a lower level. The total cost of the water line lowering is $35,901.01. Remaining funds for the Laporte Bridge will not cover the total cost of the water line lowering. However, the West Prospect Bridge account has $32,000 in City funds remaining that can be transferred to the Laporte Bridge account. This Ordinance, which was unanimously adopted on First Reading on April 4, transfers these funds. The remaining $3,901.01 will be funded by the Water Utility. 12. In August of 1987, the Fort Collins Foundation contributed $3,500 to the Natural Resources Division for the purpose of providing improvements to the Gustav Swanson Nature Area Project. As of January 1, $2,331 remained, and such funds reverted to the General Fund. The Natural Resources division is requesting the reallocation of those funds to the Gustav Swanson Nature Area Project for landscaping and other improvements to be made in the coming year. This Ordinance, which was unanimously adopted on First Reading on April 4, transfers the funds from the General Fund and sets up as a separate line item in the Capital Projects Fund for wildlife habitat mitigation. 13. Second Raariinn nf Police Department personnel hired before April 8, 1978, have been covered by the City Fort of Collins Police Officers' Pension Plan (the "Old Hire" Plan). In September of 1988, the City Council passed two resolutions which provided for the conversion of the Old Hire Plan from a defined benefit plan to a.money purchase plan. The resolution amended the Old Hire Plan to allow participating officers the option to transfer their pension contributions and earnings thereon to the City of Fort Collins Police Money Purchase Pension Plan. This Ordinance, which was unanimously adopted on First Reading on April 4, provides the authorization for the transfer funds Planof from the Old Hire unds tocover tpensionyobl gationsetoicurrent retireessofathe OldaHireppropritesfplan -240- 14. 15. 16. April 18, 1989 and appropriates the surplus remaining in the plan for general city uses that the Council may determine. City Code Chapter 4, "Animals and Insects, Division 2. Bees," contains "Section 4-226. Keeping of bees prohibited.", which states: "The keeping declared to residents of prohibited." by any person be a menace to the city and is of bee hives in the city is the health and safety of the hereby declared a nuisance and This Ordinance, which was unanimously adopted as amended on First Reading on April 4, amends Section 4-226 to allow the keeping of bees under certain conditions which are summarized as follows: establishing the type of hives for beekeeping; fencing of flyways; providing adequate water supply; maintenance of hives; type of queen; colony density, ie., number of hives per lot area; required marking of hives; setting inspection authority; and establishing compliance violations. This Ordinance, which was unanimously adopted on First Reading on April 4, amends the Zoning Code to allow recycling facilities to be considered a warehouse use rather than a junkyard use. This is accomplished by adding definitions for "Recycling Facility" and "Recyclable Material", as well as amending the definition of "Junkyard". The second section of this request proposes a change to the method of calculating the required setback distance for ground signs. The Code currently requires that the setback be measured from the right-of-way line, a line which varies from one street to another with respect to distance from the curb or edge of pavement. Therefore, the right-of-way line has now become an "arbitrary" point from which to base the requirement for setbacks of ground signs. A method of determining the location of a ground sign from a "fixed" point is preferable. These changes are considered minor and/or "housekeeping" in nature and are intended to correct known problem areas in the Code. The City of Fort Collins has been awarded a grant from the Ford Foundation in the amount of $100,000 for advancing the goals and objectives of the Land Development Guidance System. The activities -241- April 18, 1989 ' that will be pursued are designed to improve the performance of the LDGS and support the mission of providing personalized, quality community services to the citizens of Fort Collins. This ordinance appropriates $100,000 in grant funds for expenditure in the Planning Department's Budget. 17. Items Pertaining to Financial Computer Systems Procurement A. Resolution 89-85 Authorizing the Purchasing Agent to Enter into an Agreement with Moore Governmental Services, Inc. as a Case Not Requiring Bid for Professional Services for Financial and Payroll/Personnel Systems. B. Resoluti^n 89-86 Authorizing the Purchasing Agent to Purchase as a Case No; Requiring Bid for Hardware and Systems Software from Digital Equipment Corporation (DEC). C. Hearing and First Reading of Ordinance No. 76, 1989 for the Lease/Purchase of Computer Equipment and Software for a new City-wide Financial and Payroll/Personnel System. For the past year a City-wide task force has been studying the needs of the City with respect to Financial and Payroll/Personnel Systems ' software. Staff has been concerned for some time that the current systems which were installed in 1977 are not meeting the needs of the Finance Department as it relates to its responsibility to provide financial support to all City departments. Of concern also is the department's duty to provide adequate checks and balances that protect the interests of the citizens of Fort Collins and other governmental agencies. The task force determined that the current financial software is inadequate and that staff time is wasted performing tasks manually which could and should be done by the computer. The team then analyzed the needs of the City and developed a requirements document for Financial Systems and Payroll/Personnel software. The needs document was then compared to the capabilities of the financial systems provided in the Request for Proposal documents prepared by Moore Governmental Services, Inc. The project team believes that the Moore systems meet the needs as defined and recommends that the Moore Financial Systems should be purchased for use by the City. Additional computer hardware needed to support the system will be purchased from Digital Equipment Corporation. 18. Items Relating to the Purchase of Water. A. Resolution 89-87 Authorizing the Purchase of 7,150 Acre Feet of Water. I B. Resolution 89-88 Approving Temporary Use Permits with the Northern Colorado Water Conservancy District for 1,875 units of CBT water. -242- 19. 20. 21. 22 April 18, 1989 This item is in response to Resolution 88-205 which directed staff to take the steps necessary to purchase 7,400 acre feet of water. The first Resolution would approve the agreements negotiated by staff to purchase 7,150 acre feet of water. The second Resolution would approve Temporary Use Permits with the Northern Colorado Water Conservancy District for the transfer of CBT water. The resolution would authorize the Mayor to enter into an intergovernmental agreement with CSU for a study of background water quality in Horsetooth Reservoir. The study is necessary to assure that the quality of raw water treated for domestic use is maintained and to provide information on algae in the reservoir that may impact water treatment processes. The Resolution would authorize the Purchasing Agent to enter into a professional services agreement with James M. Montgomery Engineers for a comprehensive study and computer model of the wastewater collection system. This request pertains to the East Mulberry Place PUD Master Plan, located south of Highway 14 at Countryside Drive. The Countryside Park residential development is located to the south of this site. This master plan consists of a motel, restaurant, convenience store with gas pumps and a self -storage facility on 10.7 acres. The property is zoned C-Commercial and M-Multi-family. A request to rezone the M-Multi-family portion of the site to C-Commercial is also being reviewed by Larimer County and the Urban Growth Area Board. The proposed development meets the Urban Growth Area phasing criteria, with the exception of the off -site street improvements requirement. Access to the site is from the Frontage Road of Highway 14. Under the UGA Phasing Criteria, the developer would be responsible for improving the Frontage Road to local street standards, from the site to Highway 14 at Summit View Drive, a distance of approximately 1/4 mile. Both the Frontage Road and Countryside Drive are considered local streets and would therefore, also need improvements (curb, gutter, sidewalks, etc.) as part of the development of this site. Items Relating to Acquisition of Land in the Foothills 243- April 18, 1989 A. Resolution 89-92 Accepting the Donation of Forty Acres of Land for Open Space. B. Resolution 89-93 Authorizing the Purchase of Land for Open Space and a Microwave Relay Station. City Council has adopted a policy to acquire land in the foothills directly west of Fort Collins to be preserved as a natural backdrop to the city. Accepting the donation of 40 acres and purchasing 90 acres would place in public ownership the northern portion of the foothills adjacent to the Urban Growth Area. In addition, this site is ideal for a microwave relay station which is needed for control and monitoring of the water intake at Water Plant Number One. 23. Routine Deeds and Easements. a. Easement from Joseph Bidula and Zofia Bidula, 746 N. College Avenue, for the North College Water System Improvements. Consideration: $3000 (Commercial - based on $4 sq. ft.) b. Powerline Easement from Thomas M. Pettus 8 Valerie A. Favicchio, 321 Scott Avenue, needed to underground existing overhead electric services. Consideration: $10 c. Right-of-way dedication from Everwest and Westcor Limited Partnership needed for constructing new street improvements in the realignment of Foothills Parkway and Mathews Street connected with improvements in the Foothills Fashion Mall Expansion. Consideration: None. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. A. 3 Item #7. A. Lm Item #8. A. -244- Item #9. Item #10. Item #11. Item #12. Item #13. Item #14. Item #15. April 18, 1989 Second Reading of Ordinance No 63 1989 Zoning Approxi- mately 9.1 Acres. Known as the McClanahan First Annexation Into the B-P. Planned Business Zoning District with a PUD Condition. �econg Keaging of Ordinance No 72 1989 Amending Chapter 4 of I the Code of the City Relating to Bees Second Readina of Ordinance No 73 1989 Amending Chapter 29 of the Code of the City of Fort Collins Relating to Certain Definitions in the Zoning Code and the Method of Calculating Setbacks for Ground Signs Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #16. Item #17. C. Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. I -245- April 18, 1989 Ordinance No. 75, 1989, Appropriating Prior Year Reserves in the General Fund in the Amount of $100,000 from the Ford Foundation to Advance the Goals and objectives of the Land Development Guidance System (LDGS). Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT The grant funds will be available over a two-year period beginning September 1, 1988. Grant funds may be expended only for such purposes substantially in accordance with the budget and grant application as approved by the Ford Foundation. The grant funds were received in November, 1988, but were not appropriated. In 1989, the funds are in the General Fund prior year reserves. The breakdown of the approved budget is listed below: City Share Ford Foundation Share Personal Services $58,100 $ 0 Consulting Services $ 73,250 Other (printing, etc.) 1 26,750 ' Total Budget $58,100 $100,000 EXECUTIVE SUMMARY The City of Fort Collins has been awarded a grant from the Ford Foundation in the amount of $100,000 for advancing the goals and objectives of the Land Development Guidance System. The activities that will be pursued are designed to improve the performance of the LDGS and support the mission of providing personalized, quality community services to the citizens of Fort Collins. This ordinance appropriates $100,000 in grant funds for expenditure in the Planning Department's Budget. BACKGROUND On September 30, 1988, the City of Fort Collins was named a winner in the 1988 Innovations in State and Local Government Awards Program, sponsored by the Ford Foundation and the John F. Kennedy School of Government at Harvard University. The LDGS and the City of Fort Collins received an award of $100,000. The LDGS is one of 10 award recipients selected in 1988 from more than 970 entries submitted by states, counties and cities nationwide. The winners were selected by a panel of experts in state and local affairs. ' The grant funds may be expended only for such purposes substantially in accordance with the program enhancement efforts as described in the attached gran* application. Two primary opportunities will be pursued for -246- April 18, 1989 improving the performance of the LDGS as a result of the grant funds as I follows: a. Increasing the effectiveness, timeliness, and quality of decisions. b. Increasing the effectiveness and understanding of the Land Development Guidance System. The activities or enhancement efforts which were approved by the Ford Foundation include: i. Preparation of design guidelines for the purpose of implementing and interpreting certain criteria of the LDGS in the review of development/redevelopment proposal. ii. Preparation of design guidelines which describes the types of mitigation measures and design tools which may be employed either separate.y or in combination to mitigate existing potential land use, environmental and physical conflicts. iii. Customer service training and feedback. iv. Refine energy and environmental conservation criteria. v. Preparation of public information/education materials on the LDGS ' with the intent of increasing the understanding by the public of the System, planning and development. PROCESS Many of the projects are underway. The design guidelines for wetlands and wildlife habitat will begin later this year. The preparation and implementation of the various projects will involve property owners-, developers, design professionals and the general public. When appropriate, special advisory committees will be utilized. Adoption of any design guidelines or revisions to the LDGS will require Planning and Zoning Board recommendation and City Council approval." Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 75, 1989 on First Reading. Assistant Planning Director Joe Frank detailed the plans for the expenditure of the $1OO,OOO award. The vote on Councilmember Mabry's motion to adopt Ordinance No. 75, 1989 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. -247- 1 April 18, 1989 Items Pertaining to Financial Computer Systems Procurement Following is staff's memorandum on this item: "FINANCIAL IMPACT Computer hardware and software for a new City financial system will be purchased at a cost not to exceed $700,000. Financial arrangements have been negotiated with Maryland National under a five-year (ease/purchase contract at the interest rate of 8.03%. Funds for lease purchase payments were included and authorized in the 1989 budget for the Finance Department and the system was approved for future funding in the amount of $708,000 as part of the Choices 95 Program. EXECUTIVE SUMMARY A. Resolution 89-85 Authorizing the Purchasing Agent to Enter into an Agreement with Moore Governmental Services, Inc. as a Case Not Requiring Bid for Professional Services for Financial and Payroll/Personnel Systems. ' B. Resolution 89-86 Authorizing the Purchasing Agent to Purchase as a Case Not Requiring Bid for Hardware and Systems Software from Digital Equipment Corporation (DEC). C. Hearing and First Reading of Ordinance No. 76, 1989 for the Lease/Purchase of Computer Equipment and Software for a new City-wide Financial and Payroll/Personnel System. For the past year a City-wide task force has been studying the needs of the City with respect to Financial and Payroll/Personnel Systems software. Staff has been concerned for some time that the current systems which were installed in 1977 are not meeting the needs of the Finance Department as it relates to its responsibility to provide financial support to all City departments. Of concern also is the department's duty to provide adequate checks and balances that protect the interests of the citizens of Fort Collins and other governmental agencies. The task force determined that the current financial software is inadequate and that staff time is wasted performing tasks manually which could and should be done by the computer. The team then analyzed the needs of the City and developed a requirements document for Financial Systems and Payroll/Personnel software. The needs document was then compared to the capabilities of the financial systems provided in the Request for Proposal documents prepared by Moore Governmental Services, Inc. The project team believes that the Moore systems meet the needs as defined and recommends ' that the Moore Financial Systems should be purchased for use by the City. Additional computer hardware needed to support the system will be purchased from Digital Equipment Corporation. -248- April 18, 1989 BACKGROUND I The City is operating on a computerized financial system that was installed in 1977. As the City has grown, so have its needs and responsibilities to provide accurate, useful and up-to-date financial data to all City departments and other agencies. Demands are made for more information, on request, without increases in staffing. Today's customer requires immediate access to information. The over -night processing of information which was prevalent in the '70s is not tolerable today. City staff began addressing the need to improve current financial systems in 1987 when the City issued an RFP to vendors of municipal software. The RFP specifically asked for quotes on utility customer service software and additionally for information and pricing for financial systems software. As a result of that process, the City selected Moore Governmental Systems to provide the Customer Information Service (CIS) software which is expected to be implemented this year. At the same time, the City was determining its future hardware needs and a decision was made to purchase new equipment from Digital Equipment Corporation (DEC). In August of 1988 the City Council authorized both the purchase of the Moore Governmental Systems CIS software and r.-tain computer hardware and systems from DEC. Last year a separa�_ force was for-ed to evaluate the financial systems information provided by vendors who responded to the customer ' service RFP. That task force was composed of staff from the most directly impacted departments of ICS and Finance as well as users from other departments. All City departments were surveyed so that a needs analysis would accurately present the present and future needs of the City. This analysis was then compared to the capabilities of the Moore Governmental Systems. Further comparisons were made after Moore demonstrated system functions and answereu questions for staff. Present users of the Moore System were interviewed and site visits were made by members of the task force and other users. The Moore Financial System was reviewed in detail and the system has demonstrated that it will meet the majority of all the City's current and envisioned needs. The project team has recommended the purchase of the Moore Financial and Human Resources packages. Upon Council approval, staff will begin final contract negotiations with Moore. It is expected that the system can be purchased for a cost not -to -exceed $350,000. In order to support this system, additional hardware consisting of a central processing unit, disk storage devices for financial data, systems upgrades and computer terminals will be purchased from DEC. The 30Y discount which was negotiated by staff with DEC last August will still be available until May 15th. This discount will be in addition to a special program available to purchasers of other DEC equipment. The net result of the discounts is expected to be a savings of $60-70,000. Total hardware is not expected to exceed $350,000. The firms offering the lowest interest rate from the City's February, 1989 ' lease/purchase proposal were contacted for rates on this lease/purchase. -249- April 18, 1989 t A lease/purchase agreement has been negotiated with Maryland National at the rate of 8.03% for five years. This rate is only .45% higher than the lease rate the City received in February and is very reasonable given current market conditions. The final loan amount is expected not to exceed $700,000. If approved, the new financial system will be implemented in 1990. Staff will spend the next few months preparing for system conversion and planning the training for all system users." Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Resolution 89-85. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-86. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTI-ON CARRIED. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, ;- to adopt Ordinance No. 76, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. ' THE MOTION CARRIED. Resolution 89-91 Authorizing A Waiver From the Public Street Capacity Requirement to Construct Off -Site Street Improvements for the East Mulberry Place PUD Master Plan Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT A waiver to the public street capacity requirement would result in a waiver fee of $11,000 per acre for development of this site, or an approximate total fee of $117,000. EXECUTIVE SUMMARY This request pertains to the East Mulberry Place PUD Master Plan, located south of Highway 14 at Countryside Drive. The Countryside Park residential development is located to the south of this site. This master plan consists of a motel, restaurant, convenience store with gas pumps and a self -storage facility on 10.7 acres. The property is zoned C-Commercial and M-Multi-family. A request to rezone the M-Multi-family portion of the site -250- April 18, 1989 to C-Commercial is also being reviewed by Larimer County and the Urban I Growth Area Board. The proposed development meets the Urban Growth Area phasing criteria, with the exception of the off -site street improvements requirement. Access to the site is from the Frontage Road of Highway 14. Under the UGA Phasing Criteria, the developer would be responsible for improving the Frontage Road to local street standards, from the site to Highway 14 at Summit View Drive, a distance of approximately 114 mile. Both the Frontage Road and Countryside Drive are considered local streets and would therefore, also need improvements (curb, gutter, sidewalks, etc.) as part of the development of this site. The criteria to be used in evaluating waiver requests include the following: - the waiver will not result in unplanned public expense for the provision of public services, improvements, or facilities; - the waiver is consistent with the intent and purpose of the County and adjoining municipality's Comprehensive Plans or Policies; - the waiver application contains material indicating there are exceptionap circumstances which apply to the specific piece of property which do not apply generally to the remaining property in the Urban , Growth Area; and - the waiver application contains material indicating approval would not ie;,:air the public health and safety by creating undesirable traffic conditions, unhealthy sanitary conditions or adverse environmental influences in the area. 4 The intent of the waiver process is to give priority to in -fill development proposals. In -fill development proposals are those in essentially developed portions of the Urban Growth Area whose impact on existing services and facilities is relatively minimal. This site is located in a developed area, with an existing residential development (Countryside Park) to the south and commercial development to the west and east. Therefore, staff considers this proposal to be in -fill development. While staff does not believe that the impact from the proposed commercial uses (4,300 vehicles per day) is enough to warrant full off -site improvements, the need for improvements to Countryside Drive and the Frontage Road along the site's frontage, as well as an analysis of the structural integrity of the Frontage Road east to Summit View Drive, to determine if an asphalt overlay is needed on the Frontage Road is warranted. The requirement for an overlay (if determined necessary by County Public Works staff, as a result of the analysis) would be less than the improvements required under the Intergovernmental Agreement and would be in addition to payment of the waiver fee. Staff is recommending approval of the waiver request with the ' following conditions: -251- April 18, 1989 ' 1. Improvements be made to the Frontage Road and Countryside P g ys de Drive along the site's frontage, to current City local street standards. 2. Prior to final review of the proposed development plan, testing be conducted to determine the structural integrity and the need for an asphalt overlay on the Frontage Road, from the site to Summit View Drive. In the event that such testing shows a need for structural improvements, the applicant/developer shall construct such improvements in a timely manner as required by Larimer County. URBAN GROWTH AREA REVIEW BOARD: The waiver -•iquest will be considered by the Urban Growth Area Review Board at its April 19, 1989 meeting." Councilmember Kirkpatrick made a motion, seconded by Councilmember Edwards, to adopt Resolution 89-91. City Planner Sherry .Albertson -Clark gave a brief presentation and responded to questions from Council. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 89-91 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Acquisition of Land in the Foothills Following is staff's memorandum on this item: "FINANCIAL IMPACT This action allows the expenditure of funds previously appropriated by Council. $200,000 will be utilized from the General City Capital Fund Open Space and Trails West of Taft Hill Road. $50,000 will be utilized from the Water Fund. EXECUTIVE SUMMARY A. Resolution 89-92 Accepting the Donation of Forty Acres of Land for Open Space. B. Resolution 89-93 Authorizing the Purchase of Land for Open Space and a Microwave Relay Station. ' City Council has adopted a policy to acquire land in the foothills directly west of Fort Collins to be preserved as a natural backdrop to the city. Accepting the donation of 40 acres and purchasing 90 acres would place in public ownership the northern portion of the foothills adjacent to the -252- April 18, 1989 Urban Growth Area. In addition, this site is ideal for a microwave relay station which is needed for control and monitoring of the water intake at Water Plant Number One. BACKGROUND The 1974 Open Space Plan, an element of the City's Comprehensive Plan, recommended the purchase of the first rise of foothills immediately west of the city to be preserved as open space to protect the backdrop of the city as a natural, undeveloped area. Council recently renewed this commitment by adopting the 1988 Parks and Recreation Master Plan which recommends preservation of the foothills north of Campeau Open Space, known as the Donaldson Property. The Water Department also has an interest in this site. The high point of the property provides a perfect location for a microwave relay station which will allow control and monitoring of the water intake at Water Plant No. One in Poudre Canyon. Acquiring the Donaldson property will provide an area into which the Foothills Trail could be expanded. The property contains interesting rock outcrops, provides scenic views of the city to the east and mountains to the west, and has an abundant deer population. Money has previously been appropriated by Council in the General City Capital Fund for Acquisition and Development of Open Space and Trails West of Taft Hill Road. This purchase will utilize $200,000 of the almost $600,000 available in that account. Additionally $50,000 has been appropriated and is available in the Water Fund for purchase of the microwave relay station site. Council action is necessary for the acceptance of land donations and is requested for the land purchase." Director of Cultural, Library, and Recreational Services Mike Powers gave a brief presentation and responded to questions from Council. Councilmember Maxey stated his support for the items and indicated the need for further investigation of the purchases of open space areas. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Resolution 89-92. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Resolution 89-93. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. 1 -253- 6, April 18, 1989 ' Right -of -Way Dedication From Everwest and Westcor Limited Partnership Needed For Constructing New Street Improvements in the Realignment of Foothills Parkway and Mathews Street Connected With Improvements in the Foothills Fashion Mall Expansion Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Kirkpatrick made a motion, seconded by Councilmember Azari, to accept the right-of-way designation. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Staff Reports City Manager Burkett reported the results of the first quarter earnings on City funds. Councilmember Reports Councilmember Edwards noted the Cable TV review and report of the franchise with Columbine CableVision will be coming to Council for consideration on May 16. Councilmember Kirkpatrick commented on Resolution 89-89 and the excellent example it demonstrated regarding intergovernmental cooperation. Mayor Winokur commented on the Natural Resource Symposium to be held on Thursday, April 20 and reported on the opening session of the Western Snow Conference. Ordinance No. 65, 1989, Appropriating Unanticipated Revenue for the Taft Hill and Horsetooth Intersection Project Adopted on Second Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The Taft Hill-Horsetooth Intersection project, scheduled to be constructed from late June through August of 1989, will involve improving all four approaches to the intersection to arterial street standards using concrete pavement and improving the east half of Taft Hill adjacent to Rossborough Subdivision. -254- April 18, 1989 This Ordinance, which was adopted 5-1 on First Reading on April 4, ' appropriates funds for a portion of the total project. Tri-Trend Inc., developer of Rossborough Subdivision, has agreed that it is appropriate to build the east half of Taft Hill adjacent to Rossborough as a part of the City's Taft Hill and Horsetooth Intersection project. Tri-Trend is obligated by its Development Agreement to improve Taft Hill in 1989. Tri-Trend is responsible for paying the developers share of an arterial street for its halfmile section. The City will pay a portion of the project costs from the Street Oversizing Fund. The Street Oversizing Fund will pay for the oversizing costs with funds budgeted in the 1989 Street Oversizing Budget. The project budget assumes that the Street Oversizing Fund will reimburse 100% of the oversizing costs, but current policy only guarantees 60% reimbursement. If the Street Oversizing Fund is unable to reimburse IOOY, the difference will be paid by Tri-Trend. The Capital portion of the budget is funded with 114 cent sales tax revenues." Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 65, 1989 on Second Reading. Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Items Relating to the Issuance of City of Fort Collins General Obligation Water Bonds in in the Aggregate Principal Amount of $11 715 000 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Second Reading of Ordinance i-o. 70, 1989 Authorizing the Issuance of City of Fort Collins General Obligation Water Bonds, Series 1989, Dated May 1, 1989, in the Aggregate Principal Amount of $11,715,000. B. Second Reading of Ordinance No. 71, 1989 Appropriating Bond Proceeds in the Water Fund. In December of 1988, the City Council adopted Resolution 88-205 which set out the water supply policies for the City of Fort Collins. The policies were based on a decision to provide enough water to meet or exceed a I-in-50 drought over the long term. It was further resolved that to attain that goal the City should purchase 7,400 acre feet of water. The 1989 Budget includes an expected bond issuance of $5,000,000 for the modification of the water treatment plant to provide for an additional 10 million gallons per day ("MGD") treatment capacity. The additional ' treatment capacity will bring the total capacity to 74 MGD and construction of another treatment facility would be postponed until 1996 or 1997. Other -255- April 18, 1989 timprovements will extend the distribution system, construct a maintenance facility for equipment, and expand the water quality laboratory. Expanded water quality testing and analysis are necessary to comply with new federal regulations. The proposed bond issue of $11,715,000 will provide the funds necessary to purchase 7,400 acre feet of water and the funds needed to modify and expand the existing water system. On April 4, Council adopted Ordinance No. 70, 1989 on First Reading by a vote of 5-1 and unanimously adopted on First Reading Ordinance No. 71, 1989. The bonds were sold on April 11, 1989 through a modified negotiated sale. The net effective interest rate on the bonds is 7.361Y,. It compares favorably with interest rates on other issues completed the same day, both public and negotiated sale." Finance Director Alan Krcmarik presented a marketing report that included rating rationale and commented on the interest rate range from 6.81% to 7.42% with the net effective interest rate being 7.36%. He recognized City staff members and bond counsel who worked on the project and thanked them for their hard work. He also commented on a minor modification to the bond ordinance on the bottom of page 38 regarding the date line being omitted. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 70, 1989 on Second Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 71, 1989 on Second Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-94 Amending the City's Application for Rails to Trails Conversion of a Portion of the Burlington -Northern Railroad Rex Line Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT The original, total price for the purchase and conversion of the Rex Line was $68,906. If this Resolution is adopted, the Light and Power Department will continue to negotiate the purchase of the property with ' Burlington -Northern. Parks and Recreation will continue to negotiate with affected property owners for land acquisition for trail connections. -256- April 18, 1989 EXECUTIVE SUMMARY I This Resolution amends the application for Rails to Trails conversion to delete that portion of the rail line from Milepost 77.83 to the west. The City will continue to request that the rail line from Milepost 77.83 to the east be converted for trail purposes under the National Trail Act. Milepost 77.83 is approximately at the southwest corner of the mined out gravel pits along the rail line, west of Taft Hill Road. The Resolution also authorizes the acquisition of property from Burlington -Northern from Loomis to Wood Street along the rail line. This purchase will be made by the Light and Power Department. Further, a $1,000 payment will be made to Burlington -Northern to quit claim its rights to the remaining portion of the rail line when the conversion is approved as amended." Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Resolution 89-94 as amended. Director of Cultural, Library, and Recreational Services Mike Powers described the amendment and commented on the status of the negotiations. Lola Cook, 812 North Shields, spoke against the proposed trail being within fifty feet of her home and asked Council for reconsideration. Gene Wilken, 1100 North Taft Hill Rudd, spoke against the Resolution and urged Council to acquire recreational trail space by ordinary means, not through the rails to trails method. He also encouraged complete withdrawal of the rails to trails application. Al Schmidt, 911 North Shields, stated there was no need for trail duplication (2 trails) and noted his concern regarding property damage from trail users and dogs. He noted there has never been any contact between his family and the City regarding the rails to trails proposal and questioned the need for fences to be relocated in order to construct a new trail. Mary Humstone, 2220 North Overland Trail, commented on the parallel trail to the existing rail line and spoke of her concern regarding the use of the ICC deadline as a timeline for condemnation. City Manager Burkett addressed the reasons behind the parallel trail line and the requirements that are listed in the trail application and noted the trail along the rail line would be a low intensity recreational trail. Councilmember Mabry commented on the discussion he had with Mr. Wilken regarding the rails to trails proposal and noted he would be supporting the motion. Councilmember Maxey commented on the meetings he has had with many of the I property owners that live in the rails to trails area. -257- April 18, 1989 ' Councilmember Horak stated he would not support the Resolution and noted he had not seen staff's response regarding two trails. Councilmember Kirkpatrick noted her support for the railbanking issue as a possible means of transportation in the future. Mayor Winokur noted his appreciation for the concerns of the landowners regarding the condemnation issue. The vote on Councilmember Mabry's motion to adopt Resolution 89-94 as amended was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Resolution 89-95 Assigning a Councilmember as Liaison Representative to the Water Board Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY At the April 4 regular meeting, Council formally assigned Councilmembers as liaison representatives to the City's various boards and commissions and appointed Councilmembers to various committee assignments. Councilmembers Horak and Maxey expressed interest in the Water Board liaison assignment and a straw poll of Councilmembers present resulted in a tie. The Water Board liaison position was deleted from the Resolution and staff was directed to schedule a separate Resolution for April 18 when the entire Council would be present. Council should select a Water Board liaison representative and insert the name in the Resolution." Councilmember Maxey noted his interest in the liaison position and his background qualifications. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt Resolution 89-95 inserting the name of Loren Maxey. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Kirkpatrick expressed her desire to pursue the suggestion by Mrs. Block regarding Fossil Creek Parkway to look into speeding up the -258- April 18, 1989 ; process of designing the street as an arterial and the changes to the I Master Street Plan. Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, that the issue be investigated by staff and brought back to Council through the Planning and Zoning process with the alignment and design of Fossil Creek Parkway as an arterial as the major areas of focus. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak indicated the need for policy to be established regarding response to citizen inquiries at Council meetings. Executive Session Authorized Councilmember Kirkpatrick made a motion, seconded by Councilmember Edwards, to adjourn into Executive Session to discuss litigation matters. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Adjournment At the conclusion of the Executive Session, Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. The meeting adjourned at 9:30 p.m. 4ayor I LN NO" Mwo M - -259-