Loading...
HomeMy WebLinkAboutMINUTES-04/16/1985-RegularIApril 16, 1985 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 16, 1985, 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: Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Krajicek, Shannon Agenda Review: City Manager City Manager Arnold noted staff was recommending Item #15, Resolution Naming Alleys in Old Town Fort Collins Historic District, be tabled inde- finitely to allow further review. Councilmember Estrada asked that Item #10, Hearing and First Reading of Ordinance No. 45, 1985, Appropriating Unanticipated Revenue in the Library Grants Fund, be removed from the Consent Agenda. Councilmember Clarke requested Item #18, Resolution Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Shared Use of a Photographic Laboratory, be withdrawn from the Consent Calendar. Councilmember Ohlson asked that Item #9, Hearing and First Reading of Ordinance No. 44, 1985, Appropriating Prior Year Reserves in the Transpor- tation Services Fund, be withdrawn from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calehdar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #26, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. -196- April 16, 1985 4. Minutes of Regular Meeting of March 19 and Adjourned Meeting of March 21. 5. Hearing and Second Reading of Ordi Creation and Organization of Rossb No. 85. No. 40. 1985. Relatinq to the al Impr This Ordinance was adopted unanimously on First Reading on April 2. This is the date of the advertised public hearing on this Special Improvement District. The purpose of this Special Improvement District is to construct, in two phases, the concrete curbs, gutter and side- walk; street paving, street lighting, water, sanitary sewer, and storm drainage facilities for the interior streets for the Third Filing of Rossborough Subdivision, the north side of Horsetooth Road and the East side of Taft Hill Road, as dedicated in the First Filing of Rossborough Subdivision. 6. Second Reading of Ordinance No. 41, 1985, Amending Section 7-9 of the Code of the City of Fort Collins in so far as it Relates to Enforce- ment of the Code of the City of Fort Collins. This Ordinance was adopted by a unanimous vote on First Reading on April 2. The proposed Ordinance would amend Section 7-9 of the Code of the City of Fort Collins to include Transportation Technicians ap- pointed as Special Officers by the Chief of Police and members of the Poudre Fire Authority appointed as Special Officers by the Chief of Police in the list of persons who qualify as Peace Officers. The purpose of adding Transportation Technicians to the list of Peace Officers is to allow the Chief of Police to appoint certain techni- cians as Special Officers to handle traffic -related problems such as parking enforcement and towing in connection with snow removal, street cleaning, construction, etc. As to members of the Poudre Fire Authority, the purpose of this addition is to allow the Chief of Police to appoint certain members of the Poudre Fire Authority as Special Officers so that they may enforce provisions of the Code which relate to fire protection requirements. 7. Second Reading of Ordinance No. 42, 1985, Amending Chapter 112 of the Code of the City of Fort Collins to Better Enable the City to Operate and Enforce Its Pretreatment Program. This Ordinance was unanimously adopted on First Reading at the meeting of April 2. The EPA recently completed a review of the City's Indus- trial Pretreatment Program. In their findings, specific changes in the City's Wastewater Utility Ordinance were recommended that would facilitate operation and enforcement of the industrial pretreatment program. ' -197- April 16, 1985 8. Hearing and First Reading of Ordinance No. 43, 1985, Authorizing the Appropriation of Unanticipated Revenues to the General Fund for raining. This Ordinance would appropriate $7770 in unanticipated revenue from the registration fees for conference and seminar attendees. This revenue comes from two sources. The central City training budget subsidizes a significant portion of employee training. However, when the cost of training sessions cannot be paid fully by this budget, the training is complemented by minimal charges to the operating depart- ments for their employees to attend. These funds need to be put back into the training budget for future City use. The second source of revenue comes from conferences put on by the training component of the Employee Development Department to both provide quality training at low cost to our employees and create a revenue source for future training. This revenue is generated from participants outside of the City government. 9. Hearing and First Reading of Ordinance No. 44, 1985, Appropriating Prior Year Reserves in the Transportation Services Fund. ' This Ordinance appropriates $219,681 from prior year reserves in the Transportation Services Fund as follows: Purchase of Asphalt Machine $ 43,000 Purchase of Tandem Truck 54,000 Building 8 Renovation 73,000 Railroad Grade Crossing Protection 15,000 Snow Removal 25,000 Rental of Street Sweeper 9,681 TOTAL $219,681 10. Hearing and First Reading of Ordinance No. 45, 1985, Appropriatin Unanticipated evenue in the Library rants Fund. The Fort Collins Public Library has been awarded three grants to- talling $23,380. All three are federal Library Services and Con- struction Act funds made available by competitive process to Colorado libraries through the Colorado State Library and the Colorado Depart- ment of Education. These grant awards will provide'. funding for the following activities: o $4,700 for transcription of 150 oral history cassette tapes of ' Larimer County residents. April 16, 1985 o $2,275 for production of ten half-hour video tapes documenting periods and places in Fort Collins history through the personal reminiscences of older people who have lived most of their lives in Fort Collins. o $16,405 to establish an Adult Literacy Network. 11. Tabling of the Hearing and First Reading of Ordinance No. 189, 1984, Establishing a School Site cquisition Fee. This item was first considered at the December 4, 1984 Council meeting and subsequently tabled to March 19th and again to April 16th. Based on discussion at the worksession on April 9th, staff is recommending that this item be tabled to May 21, 1985. This will be the first Council meeting after the school bond election on May 7th. 12. Tabling of the Hearing and First Reading of Ordinance No. 12, 1985, Adopting a Public Safety Capital Expansion Fee. This item was initially considered at the January 15th meeting and tabled to March 19th and again to April 16th. Based on discussion at the April 9th worksession, and because a detailed analysis of the City's development fee structure is in progress, staff recommends ' tabling of this item until the results of this development fee study will be available. 13. Tabling of Items Relating to Industrial Development Revenue Bond Issues. A. Hearing and First Reading of Ordinance No. 38, 1985, Establishing a Policy Supporting the Use of Industrial Development Revenue Bond Fees to Promote Economic Development. B. Resolution Revising Industrial Development Revenue Bond Policies and Criteria. This Ordinance and Resolution were both tabled at the March 19 Meeting to this date. Staff is recommending that Ordinance No. 38, 1985 be tabled indefinitely on First Reading and that Resolution 85-43 be tabled indefinitely to allow for further staff work. A Council Work Session will be scheduled in the near future to discuss IDRB policies and criteria. 14. Hearing and First Reading of Ordinance No. 46, 1985, Vacating a Portion of the Right -of -Way of Pine Street. This Ordinance vacates a portion of the Right -of -Way of Pine Street. The owners of the properties adjacent to Pine Street are requesting ' -199- April 16, 1985 that the Right -of -Way be vacated adjacent to their property. The street is to be used as a parking lot and as access to the proposed Larimer Community Services Center. Utility and access easements are being retained on Pine Street. Utilities have been notified and have no problems with the request. 15. Resolution Naming Alleys in Old Town Fort Collins Historic District A request to name the alleys within the Old Town Fort Collins Historic District has been made by Ted and Karene Will of L & W Enterprises. At the present time, one business, Advanced Computer Services, is situated with its' entrance located on the alley which connects Trimble Court and Walnut Street. As redevelopment of the Old Town area continues, additional businesses are expected to take advantage of the unique potential offered by the area's alleys and desire access from the alleys. However, in order to provide addressing and mail deliveries, the alleys must be in. Several citizens knowledgeable in local history have provided a list of suggested names that are in keeping with the area's historical theme to be used in naming the area's alleys. All utility companies have been notified and have no problems with this request. Emergency service agencies have indicated that naming of the alleys will facil- itate their response in emergency situations, particularly with the use of the word "alley" in the name designation, and that the proposed names are not duplications of other street names in use. The proposed alley names are as follows: Old Town Alley Peter Anderson Alley Seckner Alley Old Firehouse Alley 16. Resolution Authorizing the Mayor to Enter into a Pipeline Crossin greement wit the Union Pacific Railroad Company. Upland Industries, a land"development subsidiary of the Union Pacific Railroad Company is proposing a development on East Prospect near Riverside. A part of this 'development 'will require the installation of a water pipeline crossing under the railroad tracks. The City historically has made application for this type of utility crossing on behalf of the developer since the City is responsible for the line once it is installed and accepted. Further, the City has required the developer to furnish all information required to the ' railroad and to pay the application fees ($250). -200- April 16, 1985 17. Resolution Authorizing the City Manager to Enter into an Addendum to the Agreement with the Associated Students of Colorado tate nlver- sity for the Purpose of Providing TransfoFt Service. Since 1975, the City has provided Transfort services to the State Board of Agriculture by and through the Associated Students of Colo- rado State University (ASCSU). The beginning rate of $1 per semester for each full time, fee paying student was increased in 1980 to $2, in 1983 to $3, and again in 1984 to $3.30. During the last several months, the City, ASCSU, and the Office of International Training Programs (OITP) representatives have been actively negotiating an addendum to the current ASCSU/Transfort agreement. Successful negotiations of this addendum make accommoda- tions for international students enrolled in courses of study through the OITP to utilize the Transfort bus services by paying $3.30 per semester per student. These fees will be collected by the Office of International Training Programs and forwarded to Transfort through ASCSU. 18. Resolution Authorizing the Mayor to Enter into an Intergovernmental ' Agreement with Larimer County for the Shared Use of a Photographic Laboratory. The Police Department does extensive photography work on crime scenes, accident scenes, photo line-up files, etc. Prior to 1985, the Depart- ment had a small lab for processing black and white film and all color film processing was done by private vendors. During the planning of the present remodeling of the Old Municipal Building, it was determined that the space used for the lab was needed for other uses so the lab has been removed. Rather than rebuilding the lab in another location, other alternatives were explored. The Larimer County Sheriff's Department has a fairly complete photo lab that has the capability for black and white and color film proces- sing. The County is willing to enter into an agreement with the City for the shared use of that photo lab. The agreement provides that the Police. Department may use the lab provided that the City purchases some equipment for this lab and allows the County to use equipment which the City presently owns. The City will pay only for the sup- plies that it uses and upon termination of the agreement, the City will retain ownership of the equipment it buys. Ordinances on Second Reading were read by title by Wanda Krajicek, City , Clerk. -201- IApril 16, 1985 Item #6. Second Reading of Ordinance No. 41, 1985, Amending Section 7-9 of t o o e o e i y o ort o ins in so ar as it Relates to Enforcement of the Code of the City of Fort Collins. Item #7. Second Reading of Ordinance No. 42, 1985, Amending Chapter 112 of the Code of the City of Fort Collins to Better Enable the City to Operate and Enforce Its Pretreatment Proqram. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Hearing and Second Reading the Creation and Organiza District No. 85. of Ordinance No. 40, 1985, Relating t ion of Rossborouqh Special Improvemen Item #8. Hearing and First Reading of Ordinance No. 43, 1985, Authorizing the Appropriation of Unanticipated Revenues to the General Fund for Training. Item #9. Hearing and First Reading of Ordinance No. 44, 1985, Appropri- Item #10. ating Prior ear Hearing and First eserves in t e ransportation Services und. Reading of Ordinance No. 45, 1985, A ropri- ating Unanticipate Revenue in t e i rary Grants Fund. Item #11. Tabling of the Hearing and First Reading of Ordinance No. 189, 1984, Establishing a School Site Acquisition ee. Item #12. Tabling of the Hearing and First Reading of Ordinance No. 12, 1985. Adoptinq a Public Safety Capital Expansion Fee. Item #13. A. Hearing and First Reading of Ordinance No. 38, 1985, Estab- lishing a Policy Supporting the Use of Industrial Development Revenue Bond Fees to Promote Economic Development. Item #14. Hearing and First Reading of Ordinance No. 46, 1985, Vacating a Pnrtinn of tho Pinht-of-WAv of Dino Ctroot Councilmember Knezovich made a motion, seconded by Councilmember Estrada, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. 1 -202- April 16, 1985 Resolution Setting Forth the Intention of the City of Fort Collins to Issue Industrial Development Revenue Bonds For the Engineering Professionals, Inc. Building Project in the Amount of $460,000, Adopted Following is the staff's memorandum on this item: "Pursuant to State of Colorado Executive Order No. D006284, the City of Fort Collins received an initial allocation authority of $5,263,875, which funds may be used for the inducement of Industrial Development Revenue Bonds by the City by May 15, 1985. Thus far in 1985, no IDRB's have been issued by the City. Staff does not anticipate any more applications for IDRB's prior to the May 15 deadline. The City will be eligible for a second allocation of up to $10,000,000 between the dates of January 1, 1985 and June 1, 1985. Between the dates of June 1, 1985 and September 1, 1985, the City may induce an additional $5,000,000 in Industrial Development Revenue Bonds for local projects. Depending on the amount of funds available at the State level, local issuers such as Fort Collins may apply for unlimited allocations beginning September 1, 1985 for the remainder of the available during this period. Attached for your review is a copy of the application for the inducement of City of Fort Collins Colorado Industrial Development Revenue Bonds (Series 1985) for John P. Cavano, Jr., in the amount of $460,000. The project consists of the development of land and the construction and equipping of an office building which will he used by Engineering Professionals, Inc. The project is located within a P.U.D. which has received final approval from the Planning and Zoning Board. This is an expansion of an existing business currently located within the City. Staff has reviewed the application using criteria established by Resolution 84-92, adopting Industrial Development Revenue Bond Policies and Criteria. In order to highlight critical information, a summary sheet has been attached, as well as the IDRB Criteria Evaluation sheet." Councilmember Stoner made a motion, seconded by Councilmember Clarke, to adopt Resolution 85-67. Finance Director Jim Harmon pointed out the City would be issuing bonds on behalf of John P. Cavano, Jr., who was the father-in-law of one of the principles of Engineering Professionals, Inc. He noted financial state- ments for Mr. Cavano had not been provided but were on file at the bank. He stated he had reviewed the financial statements of Engineering Profes- sionals and that in the past the City had looked to the bank for the primary evaluation on individuals' financial statements. -203- ' April 16, 1985 Mayor Rutstein asked how much office space was currently available in the City. Councilmember Stoner replied there was an approximate 25% vacancy rate or about 200,000 square feet of office space. Mayor Rutstein asked if the firm had any special needs in building of office space. Lucia Liley, attorney representing the applicant, noted Mr. Cavano had been concerned that his financial information be made a part of the public record. She added the information was available to any City Councilmember or official. Mike Schmidt, EPI partner, spoke about the expansion plans of the firm noting their desire for day -lighting and solar features. He spoke of the special needs of their survey teams and stressed the firm's commitment to Fort Collins and intent to expand their work force locally. Bill McAffrey, EPI, spoke of the energy savings expected from the building and noted the existing buildings in Fort Collins that have day -lighting and solar features desired, are full. ' Bruce Lockhart, 2500 East Harmony Road, questioned the economic benefit of building more office space in Fort Collins. Councilmember Ohlson noted he would support this project since he believed in the encouragement of the expansion of local business. Mayor Rutstein noted that although she supported this firm and their expansion,, she felt their needs for space were not unique and could be accommodated in some of the existing vacant space in Fort Collins. The vote on Councilmember Stoner's motion to adopt Resolution 85-67 was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, and Stoner. Nays: Mayor Rutstein. THE MOTION CARRIED. Resolution Making an Appointment to the Landmark Preservation Commission and the Water Board, Adopted Following is the staff's memorandum on this item: "A vacancy currently exists on the Landmark Preservation Commission due to the replacement of alternate member Richard Hurt. The board liaison has ' conducted interviews for the vacancy. -204- April 16, 1985 . I A vacancy also exists on the Water Board due to the resignation of Ray Glabach. The board liaison has reviewed the applications which were submitted. The recommendations for these two vacancies will be forwarded under sepa- rate cover." Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to nominate Sally Johnson Ketcham to the Landmark Preservation Commission. Councilmember Horak made a motion, seconded by Councilmember Stoner, to nominate Bill Elliott to the Water Board. Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adopt Resolution 85-68 inserting the names of Sally Johnson Ketcham and Bill Elliott. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Prior Year , Reserves in the Transportation Services Fund, Adopted on First Reading Following is the staff's memorandum on this item: "In 1983, Transportation Services was taken out of the General Fund and placed into a special revenue fund category. This special fund was to allow the City to better direct auto -related revenue to direct expenditures in the Street and Traffic activities. This new category of special revenue funds was also set up to be consistent with enterprise fund policies. The revenue sources for the Transportation Services Fund are the City's share of specific auto ownership and user tax administered by both the State and County. In 1984, the Department' of Transportation, operating as an enterprise fund, followed the budgetary guidelines and"regulations governing such funds and set aside revenue reserves, capital reserves and undesignated reserves. The definition and use of these reserves are as follows. Revenue Reserve. Revenue reserve is established to cover unfore- seen revenue losses. If something happens to the economy, there is flexibility in meeting current expenditures with the revenue reserve. Revenue reserve is calculated to be equal to 2% of the projected annual operating revenue of the fund. This revenue is not appropriated. I -205- tApril 16, 1985 Capital Reserve. This is a reserve that is carried from year to year specifically intended for replacement of the existing capital plant and additional capital improvements to be financed on a pay-as-you-go basis. Undesignated Reserve. The undesignated reserve is basically established to cover emergencies that occur during the year. All of the above reserves must be appropriated by Council before they can be expended in the budgeted fiscal year. At the end of the year, these reserve funds plus any unspent appropriations from the 1984 budget are carried forward to the 1985 Transportation budget. In 1984, the Streets and Traffic Divisions had a higher than projected reserves for a combination of reasons. In 1985, the State borrowed $85,000 from revenue that would have come to the City from automobile tax, and we reduced our operating expense during the year accordingly. At the end of 1984, the State paid the City back the $85,000 that was borrowed. The other money is accounted for through savings in operational expense by both the Street and Traffic Divisions. In addition to this savings, $25,000 was set aside by the City Manager for snow removal to be used for contractual labor ' in the downtown area during the 1984-85 winter. The Streets and Traffic Division of the Transportation Fund has $292,801 in Capital and Snow Reserves being carried forward from 1984, and requests that these funds be appropriated for the following purposes in 1985. Street Pothole Patching Equipment Purchase a self-contained asphalt machine for winter pothole patching $43,000 Tandem truck $54,000 The City Council proposed the Pothole Patrol concept in 1984 to emphasize citizen participation in identifying street repair and to show the com- munity the level of response being provided by the City. The AMZ machine provides an asphalt patching method during the winter months which incorporates the principal components of the street repair process into a single trailer unit that.will pneumatically clean, seal, fill, and compact the patch, using one nozzle operated by a single crew person. The process reduces material cost by 23% and increases produc- tivity by 30%. The new equipment will enhance the pothole patching program, as well as ' provide considerable assistance in the day-to-day maintenance program. -206- April 16, 1985 1 Building B Transportation Services Office and shop area $73,000 Replace building heating/ventilation system, remove asbestos, and modify office space. The total project cost is $216,500, to be funded as follows: - 1984 General City Capital Appropriation $80,000 - Current Appropriation Request 73,000 - To be Requested from General City Capital 63,500 Railroad Grade Crossing Protection The Railroad and the Public Utilities Commission staff have agreed to place new and upgraded safety protection on Mason Street at Maple Street, LaPorte Avenue, Mountain Avenue, Olive Street, and Mulberry Street for $150,000. The City's respective share of the cost is $15,000; the PUC $105,000; and BNRR is $30,000. $15,000 Snow Emergency Fund , The City Manager allocated $25,000 from his 1984 contingency for contractual work/chemical and sand supplies/overtime when the Street Division's regular snow budget has been depleted. The funds need to be appropriated in the Trans- portation Services Fund, and will be dedicated to that purpose. $25,000 Transfer to 1985 Capital Equipment This funding will be used to rent a street sweeper for approximately 6 months in 1985. $ 9,681 The attached Ordinance appropriates $219,681 from prior year reserves in the'Transportation Services Fund for the purpose detailed." Councilmember Stoner made a motion, seconded by Councilmember Clarke, to adopt Ordinance No. 44, 1985 on First Reading. Councilmember Ohlson asked how the Building B renovation fit into the City's overall building improvements and space needs. -207- IApril 16, 1985 City Manager Arnold replied staff would be coming back with a total package for Wood Street in June or July. He stated the improvements to Building B were more in the health and safety category relating to asbestos removal and HVAC improvements. Councilmember Ohlson suggested more emphasis be given to integrated plan- ning and how piecemeal expenditures fit in with the overall direction of the City Council. The vote on Councilmember Stoner's motion to adopt Ordinance No. 44, 1985 on First Reading was as follows: Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance Appropriating Unanticipated Revenue in the Library Grants Fund, Adopted on First Reading Following is the staff's memorandum on this item: "The Fort Collins Public Library has been awarded three grants totalling $23,380. All three are federal Library Services and Construction Act funds made available by competitive process to Colorado libraries through the Colorado State Library and the Colorado Department of Education. These grant awards will provide funding for the following activities: o $4,700 'for transcription of 150 oral history cassette tapes of Larimer County residents. This also covers the indexing, copying and binding of the transcriptions for check out. o $2,275 for production of ten half-hour video tapes documenting periods and places in Fort Collins history through the personal reminiscences of older people who have lived most of their lives in Fort Collins. o $16,405 to establish an Adult Literacy Network. The Fort Collins Public Library will work cooperatively with the Volunteers Clearing House and Adult Basic Education staff to obtain or create and provide print and ndn-print materials to undereducated adults through a literacy program using both tutors and Adult Basic Edu- cation professionals'to provide individualized instruction to undereducated adults. ' This ordinance appropriates these funds for these activities." April 16, 1985 1 Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 46, 1985 on First Reading. Councilmember Estrada expressed concern that the Ordinance did not spell out mechanisms as to how the Hispanic community would be incorporated into these activities. Councilmember Estrada made a motion, seconded by Councilmember Ohlson, to add a 4th WHEREAS to the Ordinance as follows: "WHEREAS, special consideration for the selection of materials and their subsequent dissemination, will be given to monolingual Spanish and bilingual residents of the City of Fort Collins." Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. The vote on .Councilmember Stoner's motion to adopt Ordinance No. 45, 1985 as amended on First Reading was as follows: Yeas: Councilmembers Clarke., ' Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Citizen Participation a. Proclamation Naming April 14-20 as Library Week was accepted by Lloyd Spawn of the Fort Collins Library Board. b. Proclamation Naming April 14-20 as National Medical Laboratory Week was accepted by a member of the laboratory staff of Poudre Valley Hospital. c. Proclamation Naming April 16 through June as Fort Collins For Africa Days was accepted by Councilmember Stoner on behalf of Dennis Griffith. d. Proclamation Naming April 19 as Arbor Day was accepted by Robert Maxey, President of the Men s Garden Club of Fort Collins. e. Presentation of Tree City U.S.A. Award and plaque to the City was made by Jim Hubbard, State Forester. f. Proclamation Naming April 22-28 as Volunteer Recognition Week was accepted by Pepper Saunders, D VIA representative. -209- IApril 16, 1985 g. Proclamation Naming April 26 as Audubon Day was accepted by Tom Schu- ma er, Vice -President of the Fort o ins Audubon Society. h. Proclamation Naming April 26 as Nursing Home Resident's Day was ac- cepted by Don Haldeman and Helen Heard, local nursing home residents, and by Pete McWilliams, President of the Concerned Relatives and Friends of Nursing Home Residents. Proclamation Naming April 28-May 4 as National Dance Week was forwarded to the appropriate persons. j. Proclamation Naming May 1-6 as Shatter Silence Week was accepted by Betty Ann Martell, President of the Fort Collins QUOTA Club Interna- tional. k. Proclamation Naming May 2 as National Day of Prayer was forwarded to the appropriate persons. 1. Proclamation Naming May 5-11 as Small Business Week was accepted by Terry Foppe, 622 Whedbee. m. Proclamation Naming May 10 as National Nurses' Day was accepted by ' Sharon Salman, Assistant Administrator and Director of Nursing at Poudre Valley Hospital. Barbara Allison, 1212 Lynnwood Drive, questioned the purpose of the City's Charter. - City Attorney Huisjen replied that the Charter was the constitution of the City of Fort Collins and it describes the powers of the City. Mrs. Allison stated she felt the City's Charter was unconstitutional with its residency requirements and in other areas. Resolution Authorizing the City Manager to Enter into an Agreement to Purchase Property in the Greenbriar Subdivision for Use as a Neighborhood Park, Adopted Following is the staff's memorandum on this item: "The Parks and Recreation Department has pursued the purchase of a neigh- borhood park site in the area of northeast' Fort Collins for many years. The attached map identifies the location of both the proposed 21-acre site ' in the Greenbriar Subdivision near the intersection of North Lemay and the -210- April 16, 1985 1 extension of Willox Lane, and a 20-acre site in the Evergreen Subdivision, near Redwood and Conifer. This area is developing with multi -family and single-family homes. Many of the 900 platted units have already been built. This general location was identified in the 1974 Open Space Plan as an area for a future neighborhood park. Attached are copies of the maps showing park location proposals. There are two subdivisions located in this vicinity. They are Evergreen and Greenbriar. Initially, we were approached by the people from Evergreen in August 1984, who offered us a 10.3 acre site for $215,000, which aver- aged $20,873 per acre. Although this seemed to be a high price, it was confirmed by a letter of opinion from a qualified appraiser. In December 19, the representatives from Greenbriar Subdivision approached us with another park site offer. They had approximately 76 acres available and would consider a negotiable size for a park at $13,500 per acre. We have inspected both sites several times and found them to be comparable in several ways. The terrain is level; both have frontage on local streets with good access for bikes and pedestrians; and utilities have been ex- tended to both areas. The Parks and Recreation Board has been involved in this selection process ' since October 1984, and agree that a 20+ acre neighborhood park should be purchased for this area. The Greenbriar representatives replatted their subdivision to show a 21-acre park with 95 residential lots around it. At their meeting of February 26, 1985, the Board reviewed this layout and unanimously approved the acquisition of the 21-acre Greenbriar site. The sellers then prepared contracts for the sale of this site at $13,500 per acre or $283,500. The City Right -of -Way Agent has evaluated the appraisal for the Greenbriar land, and has reaffirmed that a price of up to $14,000 per acre based upon the number of units per acre within the Greenbriar development is a fair and equitable price. On March 19, the representatives from Evergreen sent us a letter and asked for further clarification as to why their site was not selected. They asked to be put on the Parks and Recreation Board agenda for March 26, requesting that' the Board reconsider their February 26 ,recommendation. At the March 26 meeting, representatives from both subdivisions attended. The board heard comments from both parties. The Evergreen representatives contended that they could provide more acreage at a comparable price, however they needed more time since they didn't actually control the additional land. Further discussion evolved around the somewhat pie shaped Evergreen site and the power line easement across the southern edge of their proposed park. ' -211- April 16, 1985 The eastern limit of the Evergreen parcel ends in a narrowing arm that would be difficult to make use of. The United States Bureau of Reclamation power easement runs along the entire southern boundary of this parcel. Restrictions within the easement include that no structures can be built under it and no trees can be planted on it. This effectively reduced the site by two and one-half acres since the easement is 75 ft. wide and 1,500 ft. long. There also is a potential liability in having a recreation area under power lines. Cost Comparisons for the two sites are as follows: Site "A" - Greenbriar is 21 acres at a land cost of $283,500 or $13,500 per acre, plus $152,350 estimated road improvement costs, for a total of $435,850. Site "B" - Evergreen is 20 acres at a land cost of $450,000 or $22,000 per acre, plus $85,000 estimated road improvement costs, for a total of $535,000. Parks and Recreation Board Recommendation The Parks and Recreation Board unanimously reapproved the purchase of the 21-acre Greenbriar site for the following reasons: ' 1. Greenbriar has made a firm offer, whereas Evergreen has an uncertain proposal. 2. Further delays would create unnecessary expenses for both parties. 3. The potential price difference is not sufficient to warrant further delay. Greenbriar will still cost $100,000 less than Evergreen after street reimbursement costs are paid. 4. The shape of the Evergreen land, is not as desirable as Greenbriar. A. The design, development and maintenance of Evergreen probably would cost more. B. The construction of the Evergreen site would not yield a full 20 acres. C. The street proximities of Evergreen are not as`desirable. 5. The proximity of the proposed Fort Collins By-pass highway to Evergreen is not as desirable. 6. The proximity of Evergreen to the powerlines and substation is not as ' aesthetically pleasing and also presents potential liability hazards. -212- April 16, 1985 I Park Acquisition Data The Greenbriar contract previously prepared outlined a 60-day time limit, from February 21 to April 21, 1985, as a period of irrevocable offer with $10 (ten dollars) as earnest money being paid to the seller. Money is available and budgeted in the Parkland Fund for acquisition ($300,000). The construction timetable has not been worked out yet, but we estimate that within three to five years we would develop this site. As residential construction proceeds in this area, we can expect to pay reimbursement costs for street improvements that are adjacent to the park. As a point of information, the City will contract to purchase the property for a park site upon the condition that notice is recorded advising adjoin- ing property owners that the City reserves the right to develop the park at a later date as a full service park, which may include tennis courts, ballfields, or all other uses which may have traffic noise, or lighting impacts on the neighborhood. Since this is a larger neighborhood site (similar to the scope of Warren Park), home buyers need to know the options in advance so we are protected from any future complaints or lawsuits from the homeowners if we elect to light some of the area, or build some special recreation facilities. , SUMMARY: The acquisition of a neighborhood park in this area is consistent with the 1974 Open Space Plan and meets the Park standards criteria of providing a neighborhood park in each square mile, as well as to supply recreation space and facilities to those residents that are paying or will pay park- land fees. The purchase of this site would provide a neighborhood park strategically located in this square mile. There is level terrain, fron- tage on a local street so foot and bicycle access will be much safer and more convenient, and the utilities nearby this site lend themselves well to our park system. We believe this is a good park site in a future growth area and that the cost for acquisition is equitable. We recommend approval of the acquisition of the Greenbriar site." Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-69. Superintendent of Planning & Open Space Randy Balok described the property and the negotiations leading up to the Parks & Recreation Board recommen- dations to purchase this neighborhood park site. Councilmember Stoner felt the $13,500 was a realistic, sensible price to pay for the property and that the City was in a sense land banking the open space for a park when the area develops. I -213- IApril 16, 1985 Councilmember Knezovich felt the City was premature in this purchase and urged defeat of the proposal. Councilmember Estrada agreed with Councilmember Knezovich since the type of development was still unsure. Councilmember Clarke felt the purchase would encourage growth to the north. The vote on Councilmember Ohlson's motion to adopt Resolution 85-69 was as follows: Yeas: Councilmembers Clarke, Horak, Rutstein, and Stoner. Nays: Councilmembers Estrada, Knezovich, and Ohlson. THE MOTION CARRIED. Resolution Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Shared Use of a Photographic Laboratory, Adopted Following is the staff's memorandum on this item: "The Police Department does extensive photography work on crime scenes, accident scenes, photo line-up files, etc. Prior to 1985, the Department had a small lab for processing black and white film and all color film processing was done by private vendors. During the planning of the present remodeling of the Old Municipal Build- ing, it was determined that the space used for the lab was needed for other uses so the lab has been removed. Rather than rebuilding the lab in another location, other alternatives were explored. The Larimer County Sheriff's Department has a fairly complete photo lab that has the capability for black and white and color film processing. The County is willing to enter into an agreement with the City for the shared use of that photo lab. The agreement provides that the Police Department may use the lab and allows the County to use equipment which the City presently owns. The City will pay only for the supplies that it uses and upon termination of the agreement, the City will retain ownership of the equipment it buys. Over the long term, this shared use agreement should save the•City money in two ways. First, the color film processing costs;(1984 - $1,332) should be drastically reduced. Second, even if space had,been available in the Old Municipal Building to use for a photo lab, the costs for building and equipping a photo lab comparable to the County's would have been close ' to $20,000. -214- April 16, 1985 ' The agreement runs for an indefinite term and can be terminated by either party upon 30 days written notice." Councilmember Clarke noted his concerns had been addressed and there was no need to discuss this Resolution. Councilmember Clarke made a motion, seconded by Councilmember Stoner, to adopt Resolution 85-66. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Manager's Report City Manager Arnold reported on the improvements to South Lemay Avenue now under construction. He noted Councilmember Knezovich would be appearing on Channel 14's "On The Line" program to discuss relationships between the City and Columbine CableVision on Wednesday, April 17th. City Attorney's Report City Attorney Huisjen reported on the request to amend the smoking ordi- nance with regard to bowling alleys. He noted any amendment would need to be referred to the voters and suggested that since no election was scheduled, an opportunity existed to work with the owners of bowling alleys to see if those interests can be accommodated before referring the matter to the voters. Councilmembers' Reports Councilmember Estrada reported on the success of the neighborhood meeting held at the Northside Aztlan Center. Councilmember Horak reported on the air quality forum held at CSU by CoPIRG and suggested the City hold',a similar forum to receive ideas from the community. Other Business Councilmember Ohlson asked staff, in view of the recent local cases of domestic violence involving handguns, to investigate a handgun buy-back program. The investigation should include the legal, financial, and logistical problems whereby the City provides funds to purchase handguns from persons who no longer want them and then disposes of the guns. ' -215- April 16, 1985 Councilmember Clarke expressed opposition to the proposal and to any type of gun control. He did not feel it was a proper use of City funds. Councilmember Knezovich felt Councilmember Ohlson's proposal did not go far enough. He suggested investigating a variety of methods for stronger control such as a "cooling off or waiting period". He also suggested a mandatory education program be established. He asked that staff investi- gate his two suggestions. Councilmember Stoner felt such programs needed state-wide cooperation to be effective. Councilmember Estrada suggested staff look into handgun restrictions in general in other jurisdictions. Councilmember Ohlson noted there were other options than the use of City funds for a handgun buy-back program. He noted he would prefer another option, if possible. ' Adjournment Councilmember Stoner made a motion, seconded by Councilmember Ohlson, to adjourn the meeting to 7:00 p.m. on April 30. Yeas: Councilmembers Clarke, Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 9:20 p.m. ATTEST: �J ,-t V CJ City Cl 1 -216-