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HomeMy WebLinkAboutMINUTES-02/03/1987-RegularFebruary 3, 1987 I� 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, February 3, 1987, 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: Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Staff Members Present: Burkett, Huisjen, Krajicek Agenda Review: City Manager Greg Bever, 825 Cambridge Drive, requested Item #14, Hearing and First Reading of Ordinance No. 23, 1987, Amending Chapter 73 and Repealing Chapters 56 and 62 of the Code Regulating Certain Contractors, be removed from the Consent Agenda. Councilmember Kirkpatrick asked that Item #18, Hearing and First Reading of Ordinance No. 27, 1987, Changing the Length of Terms and Expanding the Size of the Commission on the Status of Women, be pulled from the Consent Calendar. Councilmember Estrada requested Item #27, Resolution 87-25 Granting an Easement for the Larimer County Veterans' Memorial, be removed from the Consent Agenda. Mayor Ohlson asked that Item #25, Resolution 87-23 Adopting the Advertising Policy for the Edora Pool/Ice Center, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone'.may request an item on this calendar be "pulled" off the Consent Calendar and -considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #30 and #39, 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 discussed immediately following the Consent Calendar. 4. Consider approval of the minutes of the regular meeting of January 20 -327- February 3, 1987 5. El The tract of land platted as Drake Landing P.U.D. has been replatted. The replat is called Hampshire Square P.U.D. and was approved by City of Fort Collins Planning and Zoning Board on December 15, 1986. The Developers are requesting a vacation of all easements and public rights -of -way and rededicating new easements and public rights -of -way with the recorded Hampshire Square Replat. All Utilities have been contacted and have no problems with the vacation and dedication. This Ordinance, which was unanimously adopted on Consent on First Reading on January 20, vacates those easements and public rights -of -way. Items Relating to the Hansen Annexation and Zoning_ A. Second Reading of Ordinance No. 4, 1987, Annexing Approximately .373 Acres Known as the Hansen Annexation. B. Second Reading of Ordinance No. 5, 1987, Zoning Approximately .373 Acres, Known as the Hansen Annexation Into the R-L-P, Low Density Planned Residential, Zoning District. These Ordinances, which were unanimously adopted on Consent on First Reading on January 20, are a request to annex and zone approximately .373 acres, located north of West Laporte Avenue and east of Taft Hill Road. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. Items Related to the Lake Sherwood Annexation and Zoning A. Second Reading of Ordinance No. 6, 1987, Annexing Approximately 40.04 Acres Known as the Lake Sherwood Annexation. B. Second Reading of Ordinance No. 7, 1987, Zoning Approximately 40.04 Acres, Known as the Lake Sherwood Annexation, Into the R-L-P, Low Density Planned Residential, Zoning District. These Ordinances, which were unanimously adopted on Consent on First Reading on January 20, are a request to annex and zone approximately 40.04 acres, located south of East Drake Road and east of Lemay Avenue. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District'.' Items Related to the East Vine 9th Annexation and Zoning A. Second Reading of Ordinance No. 8, 1987, Annexing Approximately 5.00 Acres Known as the East Vine 9th Annexation. -328- February 3, 1987 ' B. Second Reading of Ordinance No. 9, 1987, Zoning Approximately 5.00 Acres, Known as the East Vine 9th Annexation, into the T-Transition, Zoning District. These Ordinances, which were unanimously adopted on Consent on First Reading January 20, are a request to annex and zone approximately 5.00 acres, located north of East Vine Drive and west of Summit View Drive (County Road 9E). The requested zoning is the T-Transition, Zoning District. 9. Items Related to the West Laporte 5th Annexation and Zoning. A. Second Reading of Ordinance No. 10, 1987, Annexing Approximately .271 Acres Known as the West Laporte 5th Annexation. B. Second Reading of Ordinance No. 11, 1987, Zoning Approximately .271 Acres, Known as the West Laporte 5th Annexation, Into the R-L-P, Low Density Planned Residential, Zoning District. These Ordinances, which were unanimously adopted on Consent on First Reading on January 20, are a request to annex and zone approximately .271 acres located north of West Laporte Avenue and west of Taft Hill Road. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. ' 10. Items Relating to the West Laporte 6th Annexation and Zoning A. Second Reading of Ordinance No. 12, 1987, Annexing Approximately 1.866 Acres Known as the West Laporte 6th Annexation. B. Second Reading of Ordinance No. 13, 1987, Zoning Approximately 1.471 Acres of the West Laporte 6th Annexation, Into the R-L-P, Low Density Planned Residential, Zoning District and Zoning Approximately .395 Acres of the West Laporte 6th Annexation, Into the R-E, Estate Residential, Zoning District. These Ordinances, unanimously adopted on First Reading on Consent on January 20, are a request to annex and zone approximately 1.866 acres located north of West Laporte Avenue and west of Taft Hill Road. The requested zoning is for the R-L-P, Low Density Planned Residential, and R-E, Estate Residential, Zoning Districts. 11. Items Relating to the West Laporte 7th Annexation and Zoning A. Second Reading of Ordinance,No. 15, 1987, Annexing Approximately .897 Acres Known as the West Laporte 7th;Annexation. B. Second Reading of Ordinance No. 16, 1987, Zoning Approximately .897 Acres, Known as the West Laporte 7th Annexation, Into the R-E, Estate Residential, Zoning District. -329- February 3, 1987 12. 13 14. These Ordinances, which were unanimously Reading on January 20, are a request to .897 acres, located north of West Laporte Road. The requested zoning is the R-E, District. adopted on Consent on First annex and zone approximately Avenue and west of Taft Hill Estate Residential, Zoning In May 1983, the City entered into a Concession Agreement with the Batter's Box for the operation of batting cages at City Park. The Agreement was effective until December 31, 1985 and was then renewed until December 31, 1987. The Batter's Box has since assigned its interest in the concession to Glen Werth. Glen Werth has recently purchased the business, contingent upon the City granting him a concession to operate the business for five years. This Ordinance, which was unanimously adopted on Consent on First Reading on January 20, authorizes the City Manager to enter into such an agreement. Items Relating to the Uniform Mechanical Code, Uniform Plumbing Code and the National Electrical Code. Hearing and First Reading of Ordinance No. 20, 1987, Adopting by Reference the UNIFORM MECHANICAL CODE, 1985 EDITION. Hearing and First Reading of Ordinance No. 21, 1987, Adopting by Reference the UNIFORM PLUMBING CODE, 1985 EDITION with Amendments. C. Hearing and First Reading of Ordinance No. 22, 1987, Adopting by Reference the NATIONAL ELECTRICAL CODE, 1987 EDITION with Amendments. As a result of the scheduled, triennial building codes review process, the Building Board of Appeals via its Code Review Committee, examined all of the latest, "85 Editions", of the "Uniform" model codes over several study sessions last year, and unanimously recommended approval of the amended versions. The Building Code, including a significant number of local amendments, was formally adopted in December. The remaining, Uniform Plumbing, and Mechanical Codes with only minor amendments, together with the National Electrical Code, 1987 Edition, are contained in this item. Beginning in 1985, the Building Contractors Licensing Board began discussing problems associated with the limitations of the current -330- 1 —I L February 3, 1987 ' licensing ordinance. Subsequently, the Board gave staff direction on suggested changes to the current regulations adopted in July, 1981. After several Board work sessions and one 'special, publicized meeting in September 1986 seeking contractor and general public response on the proposed changes, the Board unanimously and formally endorsed the final document. 15. 16. 17. This ordinance will appropriate $6,000 in unanticipated revenue in the Library Grants Fund for the continuation of the Library Adult Literacy Program. This funding is specifically for support of the Fort Collins Literacy Coalition through 1987. This Ordinance would appropriate $80,000 for the payment of general employees retirement benefits in 1987. The funds are available in the General Employees' Retirement Fund Prior Year Reserves. On August 19, 1986 the City closed on $33,030,000 of General Obligation Water Refunding and Improvement Bonds. The proceeds of the bonds included $4,000,000 which was designated for the acquisition of water rights for the Anheuser-Busch Brewery. The funds originally were appropriated into the Water Fund Reserve until such time as Anheuser-Busch had completed the acquisition and was prepared to make the transfer to the City. The transfer will occur this spring, and the funds need to be appropriated for expenditure. The Commission on the Status of Women was established in 1986 comprised of 7 members and 2 alternates. The length of term was set at 4 years, consistent with other City boards and commissions. The Commission is requesting that because of the scope of their workplan, the membership be expanded to 11 members and 2 alternates. Current members will retain the terms to which they were appointed. Beginning with the July 1987 appointments, members appointed to full terms will serve for 3 years. Four new members will be appointed to staggered terms. Alternates will continue to be appointed to 2 year ' terms. -331- February 3, 1987 19. 21. 22. The shortened length. of terms and increased membership will provide ' greater opportunity for women to serve on City boards and commissions. The changes could also result in greater diversity and representation on the Commission. The owners of Courtney Park P.U.D. are requesting the vacation of 3.00 feet of an existing 20 foot utility easement. Building No. 5 currently encroaches this utility easement by 2.65 feet. This project was approved by the City of Fort Collins Planning and Zoning Board on November 19, 1984. All Utilities have been contacted and have no problems with the vacation. The tract of land platted as Portner South Estates P.U.D. has been replatted. The replat is called Brittany Knolls P.U.D. and was approved by City of Fort Collins Planning and Zoning Board on January 26, 1987. The developers are requesting a vacation of certain easements and public rights -of -way and rededicating new easements and public rights -of -way with the recorded Brittany Knolls Replat. ' All Utilities have been contacted and have no problems with the vacation. The owner of Lots 176 and 177 are requesting the vacation of an existing 12 foot utility easement. The owner built a structure on this easement, and is now trying to sell the property. This easement must be vacated before the property can change ownership. All Utilities have been contacted and have no problems with the vacation. The Poudre Emergency Communication Center has provided these same services for the Poudre Valley Hospital District for the past seven years under similar agreements. -332- February 3, 1987 1 23. 24. The agreement provides for the Hospital $42,060 for communication services and payable in four equal installments during been approved by the Poudre Valley Hospital District to pay the City $1,800 for phone expense, 1987. This agreement has District. Water Quality Laboratory needs a Mass Selective Detector with a capillary interface and ion gauge controller to perform monitoring requirements for drinking water set by the E.P.A. It has been determined that the Hewlett-Packard Mass Selective Detector best fits our needs due to compatibility with existing equipment, interchangeability, and reliability. It is also the only item available to the City which will meet these needs without the expenditure of substantial additional monies for supplementary equipment. The Mass Selective Detector will cost $33,500. Pollution Control Laboratory requires a Graphite Furnace System to perform analyses required by the discharge permit for the City's wastewater treatment plants. The Graphite Furnace System interfaces directly with the existing Thermo Jarrell Ash atomic absorption spectrophotometer and therefore needs to be made by the same manufacturer. It is also the only item available to the City which will meet these needs without the expenditure of substantial, additional monies for supplementary equipment. The total cost for the Graphite Furnace System is $21,700. 25. Resolution 87-23 Adopting the Advertising Policy for the Edora Pool Ice Center. Staff is recommending adoption of the advertising policy for the Edora Pool Ice Center so that they can implement the policy and handle requests which have already come in. 26. Resolution 87-24 Establishing Polling Places for Municipal Election Precincts. Any changes in polling places for municipal elections must be approved by the City Council. The Resolution sets the 66 polling places needed for the regular City election on March 3 and the run-off election on April 7. Three combined precincts will be used for these elections, and arrangements have been made for extra voting devices and election judges to handle the volume of voters in these cases. Most polling places are the same as those used,im previous City elections and by the County for the General Election. -333- February 3, 1987 27 29 Resolution 87-25 Granting an Easement for the Larimer County Veterans' Memorial. The Larimer County Veterans' Memorial Project Committee plans to construct a new Veterans' Memorial in Fort Collins. The Committee has requested use of a parcel of land in Edora Park north of the Edora Pool and Ice Center (EPIC). This request was unanimously approved by the Parks and Recreation Board on December 10, 1986 for submittal to City Council. If the easement is granted, the Committee will proceed with the construction plans. A vacancy currently exists on the CHOICE Advisory Committee due to the resignation of S. Christine Landrum. Three vacancies exist on the Commission on Disability due to the resignations of William Bertschy, Betty Pidcock and Penne Thomas. The individual Council liaison reviewed the applications on file and those submitted through the advertising process. In keeping with Council's policy, the recommendations for these appointments were announced at the January 20 meeting. The appointments were tabled to February 3 to allow time for public input. The prospective appointees are as follows: CHOICE ADVISORY COMMITTEE Ross Spaulding COMMISSION ON DISABILITY Steve Kiefer Carol Rice Sharon Winfield Resolution 87-17 Making Appointments to the Fort Collins Convention and Visitors' Bureau. On November 4, 1986, the City Council adopted a Resolution authorizing the City Manager to enter into an agreement with the Fort Collins Convention and Visitors' Bureau. Council is authorized to make six appointments to the Board of Directors. The remaining eleven members were recommended by the citizens committee. In keeping with Council's policy, these recommendations were made public at the January 20 meeting and tabled to February 3 to allow for public input. The prospective City Council appointees are as follows: Barbara Liebler (3 years) Art Wilcox (3 years) Fred Levine (2 years) Kate Caldwell (2 years) Bruce Freestone (1 year) Terry Sarazin (1 year) -334- February 3, 1987 ' Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. A. Q Item V. A. 1A Item #8. A. B. Second Reading of Ordinance No 9 1987 Zoning Approximately 5.00 Acres, Known as the East Vine 9th Annexation into the T-Transition. Zoning District. Item #9. A. 4 Item #10. A. RE 335- February 3, 1987 Item #11. A. Item #12. U 1 Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #13. A. Hearing and First Reading of Ordinance No. 20, 1987, Adopting by Reference the UNIFORM MECHANICAL CODE, 1985 EDITION. Q C. Item #14. Item #15. Item #16. Item #17. Hearing and First Reading of Ordinance No 26 1987 Appro- priating Prior Year Reserves in the Water Fund. Item #18. Item #19. Hearing and First Reading of Ordinance No. 28, 1987, Vacating a Portion of an Existing Easement in Courtney Park P.U.D. 336- February 3, 1987 I Item #20. Item #21. Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 23, 1987, Amending Chapter 73 and Repealing Chapters 56 and 62 of the Code Regulating Certain Contractors Tabled to February 17 Following is staff's memorandum on this item: "Executive Summary Beginning in 1985, the Building Contractors Licensing Board began discussing problems associated with the limitations of the current licensing ordinance. Subsequently, the Board gave staff direction on suggested changes to the current regulations adopted in July, 1981. After several Board work sessions and one special, publicized meeting in September 1986 seeking contractor and general public response on the proposed changes, the Board unanimously and formally endorsed the final document. Background The proposed provisions include general housekeeping items but focus primarily on such issues as expanding the "general contractor" categories from four to seven, allowing more flexibility for small firms which do limited commercial projects and adding a "conditional" license for unique or one-time projects. Under the new provisions, owners of commercial buildings would have the expanded authority to perform minor, non-structural alterations to their buildings provided licensed subcontractors are used. The other major and perhaps controversial change, is the proposed requirement for all listed trades to be licensed regardless of whether these subcontractors are operating only under a general contractor. Currently, such specialized contractors as roofing, concrete, framing, and masonry which work exclusively under a licensed general contractor or homeowner are not regulated by the City. ' Also changed, would be the current annual fee structure of $120, $105, $90, and $75 for Classes A, B, C, and D general contractors respectively to $150 -337- February 3, 1987 for all general contractors to account for the increasing staff time ' required for processing, and experiencing little or no difference in time and effort expended among the various classes. The fee for a "special" single trade license remains unchanged at $50 per year, as considerably less processing is required over the general contractors. The new fees still place us lower than most other front range cities. Other changes deal with upgrading liability insurance requirements to the current statutory amounts used statewide and repealing related obsolete or duplicate regulations sprinkled throughout the municipal code." Councilmember Kirkpatrick made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 23, 1987 on First Reading. Greg Bever, 825 Cambridge Drive, licensed contractor, requested this item be withdrawn from consideration so that builders and subcontractors could meet with City staff to discuss the new licensing policy and the licensing of subcontractors. Director of Building Inspection Felix Lee explained the process that had been followed over the last several months in preparing this item for Council consideration. He recommended Council table this item to allow staff to meet with concerned individuals. In response to a question from Council, Mr. Bever stated he was concerned with the reasons for licensing all subcontractors and raising the fees from $105 to $150. , Councilmember Stoner made a motion, seconded by Councilmember Estrada, to table Ordinance No. 23, I987 on First Reading to February 17. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 27, 1987, Changing the Length of Terms and Expanding the Size of the Commission on the Status of Women. Tabled to February 17 Following is staff's memorandum on this item: "The Commission on the Status''of Women was established in 1986 comprised of 7 members and 2 alternates. The length of term was set at 4 years, consistent with other City boards and commissions. The Commission is requesting that because of the scope of their workplan, the membership be expanded to 11 members and 2 alternates. Current members will retain the terms to which they were appointed. Beginning with the July 1987 appointments, members appointed to full terms wi11 serve for 3 ' -338- February 3, 1987 years. Four new members will be appointed to staggered terms. Alternates will continue to be appointed to 2 year terms. The shortened length of terms and increased membership will provide greater opportunity for women to serve on City boards and commissions. The changes could also result in greater diversity and representation on the Commission." City Manager Burkett noted a revised Ordinance had been presented to Council prior to the meeting. Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt the revised version of Ordinance No. 27, 1987 on First Reading. Councilmember Kirkpatrick stated she was uncomfortable with committing Council to.carrying out the portion of the Ordinance that reads "...greater opportunity for a greater diversity of individuals to serve on City boards and commissions". She stated she would like to see that particular Whereas clause removed from the Ordinance. She added that she was not convinced that an increased membership on the Commission would result in a greater diversity of individuals. Councilmember Rutstein stated she felt Council already had a policy to have as diverse representation as possible on all boards and commissions. She stated the Commission's proposal to change the length of terms to three years rather than four will help in achieving a more diverse ' representation. Councilmember Kirkpatrick stated she felt the shortening of terms to facilitate a greater diversity of individuals should be examined for all boards and commissions and stated she was not willing at this point to commit to changing the Commission on the Status of Women to different term lengths. She pointed out that since the creation of the Commission there have been two resignations, resulting in turnover. Councilmember Estrada suggested that the equivalent of the 4th Whereas clause of this Ordinance be added to every statement of purpose for each board and commission. In response to a question from Mayor Ohlson, Councilmember Kirkpatrick stated she objected to the shortened length of terms and a permanent increase in the membership of the Commission. She stated she would support increasing the membership temporarily to allow the Commission to complete their work in addressing the Women's Task Force Report. She stated she did not feel 11 plus 2 members on any board or commission was a workable number for the long term. She favored increasing the membership until 1990 at which time an evaluation would be done on the workability of an 11 plus 2 membership. -339- February 3, 1987 Valerie Mauksch, 311 Gordon, member of the Commission on the Status of ' Women, stated the Commission had discussed increasing the membership until 1990 with an evaluation at that time and had agreed that was a reasonable proposal. Councilmember Estrada stated he would support increasing the membership to allow the Commission to complete specific tasks. Councilmember Liebler stated she liked the idea of expanding the membership with a review in 3 years rather than expanding the membership for an indefinite period. She suggested that the 4th Whereas clause be changed to read "a greater opportunity for citizens to serve on boards and commissions". Councilmember Horak made a motion, seconded by Councilmember Estrada, to delete Section 4 (changing the length of term for all members to 3 years). Councilmember Horak stated he did not feel changing the length of terms from 4 to 3 years would greatly increase the diversity of individuals on the Commission. He stated that if this is a serious need, it must be a need for all boards and commissions and should be examined for all boards and commissions. The vote on Councilmember Horak's motion to delete Section 4 was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Ohlson, and Stoner. Nays: Councilmembers Liebler and Rutstein. THE MOTION CARRIED. I Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to amend Section 2 to appoint 4 new members until July 1, 1990. Mayor Ohlson stated he would prefer to table the Ordinance to allow staff to rewrite the Ordinance. Valerie Mauksch stated the Commission would like to appoint the new members until 1990 and would like to have those positions evaluated at that time. Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to table Ordinance No. 27, 1987 to February 17. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Horak stated`,he would like information prior to consideration of the Ordinance on February 17 on whether the Commission is being expanded to do data gathering or to facilitate better analysis of policy recommendations. -340- February 3, 1987 Resolution 87-23 Adopting the Advertising Policy for the Edora Pool Ice Center Adopted Following is staff's memorandum on this item: "Executive Summary Staff is recommending adoption of the advertising policy for the Edora Pool Ice Center so that they can implement the policy and handle requests which have already come in. Background Staff initially discussed a draft of an advertising policy for EPIC at the Parks and Recreation Board meeting held on January 22, 1986. At their February 26, 1986 meeting, potential revenues from advertising were discussed. The policy was refined, presented again, and adopted by the Parks and Recreation Board at its March 26, 1986 meeting. Much discussion took place at these meetings, and staff feels that the policy incorporates all of the Boardmembers' concerns. Attached is a copy of the policy and excerpts of the minutes of the above mentioned Parks and Recreation Board meetings. Council adoption of this policy is necessary in order to proceed with processing of advertising requests." Councilmember Rutstein made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-23. Mayor Ohlson questioned if it was desirable to place advertising in the interior of the facility for a potential $5,000 revenue per year. Councilmember Horak stated the Parks and Recreation Board had discussed that issue and felt they were being responsive to Council direction to recover operating costs. He noted the policy gives staff the right of refusal if the advertising does not meet their specifications. Recreation Superintendent Jean Helburg responded to questions from Council about the application of the advertising policy. She stated in drafting the policy, the Parks and Recreation Board attempted to address every possible situation. She stated the Board was very concerned about insuring that advertising is color -coordinated and aesthetically pleasing. In response to a question;;from Council-, City Attorney Huisjen stated the policy was designed to avoid items which are religious or political, or items concerning health. Councilmember Kirkpatrick stated she was pleased to have policies in place prior to receiving requests from advertisers. Councilmember Horak stated he was glad to see staff taking an activist's ' role in looking for ways to generate additional revenue for the facility. -341- February 3, 1987 The vote on Councilmember Rutstein's motion to adopt Resolution 87-23 was ' as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 87-25 Granting an Easement for the Larimer County Veterans' Memorial Adopted Following is staff's memorandum on this item: "Executive Summary The Larimer County Veterans' Memorial Project Committee plans to construct a new Veterans' Memorial in Fort Collins. The Committee has requested use of a parcel of land in Edora Park north of the Edora Pool and Ice Center (EPIC). This request was unanimously approved by the Parks and Recreation Board on December 10, 1986 for submittal to City Council. If the easement is granted, the Committee will proceed with the construction plans. Background The current Veterans' memorial is located at the intersection of LaPorte and College Avenues. Due to the city's natural growth, that intersection is now one of the busiest in north Fort Collins. Local veterans' ' organizations have expressed concern that the current memorial does not allow proper recognition of area veterans because of the high level of pedestrian and automobile traffic. Additionally, the present location does not offer adequate parking to facilitate organized tributes to Larimer County's veterans. Area veterans' groups have also expressed concern that some of the information on the memorial is not up to date, and the names are difficult to read due to weathering of the surface. The Larimer County Veterans' Memorial Project Committee identified four criteria on which to select a new location for a memorial: an established, well -maintained public park, restroom availability, adequate parking, and accessibility to disabled veterans and handicapped individuals. The Committee sought a location that would provide serenity, dignity, and space to honor veterans. Additionally, the location and lighting should minimize vandalism. Accessibility for handicapped individuals was an important element. The Committee reviewed 21 sites and selected Edora Park because it best met the criteria. The Committee is requesting an easement in Edora Park on the hilly area north of the Edora Pool and Ice Center, south of the soccer fields (see attached maps). This site provides ample parking, low automobile and pedestrian traffic, sufficient space for the monument, and handicapped accessibility. The monument will be set 15 feet off the street and will be 15'x3O' when finished. A scale model of the monument will be ' available for viewing in the Council Office beginning February 2. -342- February 3, 1987 ' The Parks and Recreation Department is willing to donate six evergreen trees, for landscaping surrounding the memorial, valued at $1,500, as well as providing maintenance of the immediate area around the memorial. The Committee will be responsible for construction and maintenance of the memorial. The Committee has begun identifying funding sources and will commission construction once sufficient funds are available. The target completion date is May 30, 1988, Memorial Day. The Committee includes representatives from the following Larimer County veterans' groups: American Legion Auxiliary CSU Veterans Colorado Veterans Alliance Disabled Veterans Fort Collins American Legion Fort Collins VFW Larimer County Veterans Loveland American Legion Loveland VFW Rocky Mountain Vietnam Veterans Association Veterans' Center Vietnam Veterans of America Wellington VFW" ' Wally Bujack, Chairman of the Larimer County Veterans' Memorial Committee, introduced John Ferrie, Chairman of the Design Committee, and spoke about the design of the site and stated the Committee was very proud of the project. He answered questions from Council about the project. Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adopt Resolution 87-25. Councilmember Estrada commended the Committee for their work on this project. Mayor Ohlson also commended the Committee and stated he was glad the City was able to participate in this project and expressed his hope that the City might be able to participate financially in the future. Mr. Bujack expressed his appreciation to Councilmember Estrada and Mayor Ohlson for their interest in the project. He also thanked H.R. Phillips for his help through the Parks and Recreation Board, and Leslie Haynes of the City Manager's office for her hard work throughout the project. The vote on Councilmember Rutstein's motion as follows: Yeas: Councilmembers Estrada, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -343- to adopt Resolution 87-25 was Horak, Kirkpatrick, Liebler, a. the b. Citizen Participation d by Mrs. Bob Dunn, Cache rican Revolution. reness uay was accepted by Donn se Network and CSU Police Chief. r ns, member February 3, 1987 story montn was the Daughters of se and Violence the Relationship Eric Spanier, 1705 Lindenmeier Court, owner of Perkins Restaurants in Fort Collins, spoke on behalf of several business owners in the downtown area. He expressed concern over cruising and loitering in the downtown. He expressed support for the effort of the Police Department to control the situation. He spoke of vandalism and loss of business. He expressed the group's desire to work with the City to address the situation and develop some long term solutions. Cary Huett, The Cupboard, spoke of the increasing severity of the problem as summer approaches and urged the problem be addressed now. Mayor Ohlson directed staff to give higher priority to finding a solution for this problem. Robert Bisetti, Bisetti's Restaurant, stated there were many downtown business owners willing to work with the City in finding a solution. Dick Beardmore, 2212 Kiowa Court, spoke about a recent article which addressed a proposal from the Parking Commission dealing with construction worker parking on several downtown projects. He spoke of plans for parking during construction of the Opera House project. City Manager's Report City Manager Burkett reported the bids had been received for Troutman Park and were below the Engineer's estimate for the project. Councilmembers' Reports Councilmember Horak reported on the. Council of Governments meeting scheduled for February 26 in Loveland with State representatives and senators. He commented on the events at the Grand Opening of the Edora Pool and Ice Center. Councilmember Kirkpatrick reported on a meeting of the Children's Care Coalition she attended where she received information about options for tax-free benefits. She also reported on a meeting of the Literary Coalition, noting that GED training is available by television. -344- L February 3, 1987 ' Councilmember Rutstein stated the City had received a letter from Platte River Power Authority indicating they would be monitoring S.B. 45 and would help the City in opposing the Bill. Mayor Ohlson extended compliments to the community and staff for the completion of the facility and the success of the Grand Opening at EPIC. Resolution 87-26 Making An Appointment to the Personnel Board. Tabled to February 17 Following is staff's memorandum on this item: "A vacancy currently exists on the Personnel Board due to the resignation of Sandi (Evenson) Saivhus. The Council liaison has reviewed the applications on file and will announce the recommendation at the February 3 Council meeting. In keeping with Council's policy, this Resolution will be tabled until February 17 to allow for public input." Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to adopt Resolution 87-26 inserting the name of Susan Strating. Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada, to table Resolution 87-26 to February 17. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution 87-27 Making an Appointment to the Transportation Advisory Committee Task Force Adopted Following is staff's memorandum on this item: "Executive Summary The Transportation Advisory Committee requests a representative be designated to serve on a task force to study Larimer County's transportation needs and resources, and to propose short and long range solutions. The Task Force will hold its first meeting at 7:00 p.m., Wednesday, February 4, 1987, and a representative needs to be selected. Staff recommends Council appoint one (1) Councilmember to the Transportation Advisory Committee Task Force. Background The Transportation Advisory Committee (TAC) is a group of representatives ' from various agencies and organizations whose mission is to improve and -345- February 3, 1987 coordinate transportation services in Larimer County and to make ' recommendations on transportation issues to funding entities. The TAC has formed a task force to accomplish this mission by examining, reviewing, updating, and compiling information on existing services and resources; conducting a needs analysis; and compiling the results and recommendations for submission to the TAC as a strategic plan. The TAC will submit the results and recommendations to Council, Board of Commissioners and other funding agencies. The project is scheduled to be completed by May 15, 1987. Funding for the project will be provided from in -kind support from Larimer County Department of Human Development and Transfort. Other costs will be paid by a planning grant ($15,000) from the Urban Mass Transportation Administration (UMTA)." Councilmember Estrada made a motion, seconded by Councilmember Liebler, to adopt Resolution 87-27 inserting the name of Councilmember Barbara Rutstein. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 31, 1987, Amending Chapter 118 of the Code to Create the "Core Area Zone", Establish Planned Unit Development Criteria for the ' Downtown River Corridor and to Establish Definitions in Aid Thereof. Adopted as Amended on First Reading Following is staff's memorandum on this item: "Executive Summary This is a request to amend the Code of the City of Fort Collins to create a new zoning district (the "Core Area Zone"), to create a Downtown River Corridor Point Chart and Planned Unit Development Criteria, and to establish definitions for "neighborhood plan" and "net developable acre" (terms that occur in the Code revisions). The proposed additions to the Code represent the first set of implementation tools for the Poudre River Trust Land Use Policy Plan, an element of the Comprehensive Plan. Background The Poudre River Trust Land Use'Policy Plan was adopted by City Council as an element of the Comprehensive Plan on February 18, 1986. The Policy Plan articulates the community's desires for preservation and revitalization of the Poudre River Corridor, and was designed to be both a land use guide and an economic development tool. It was created through a lengthy process of research, meetings with affected property owners, and workshops with persons representative of the various interests affected by the downtown ' -346- February 3, 1987 river corridor. The plan. stresses the need for public/private cooperation to achieve revitalization. Mixed Use Development Policy 4.1 suggests the creation of a downtown river corridor zone to facilitate development, and still preserve riparian and wildlife habitat areas. Policy 4.2 recommends creation of a point chart that recognizes the special characteristics of the area. Creation of the Core Area District does not automatically place river corridor land in that zone. Planning and Zoning Board and City Council review and approval of rezoning requests will be necessary. County land which is in the downtown river corridor can be put in the Core Area Zone upon annexation. The Poudre River Trust Land Use Policy Plan encourages annexation of the County land, and the City and the Trust have begun to discuss this with affected property owners. Definitions: It is necessary to define "neighborhood plan" and "net developable acre" because these terms are used to describe the requirements of the new Core Area District and PUD criteria. "Neighborhood plan" appears in the portion of the Core Area District where the new administrative review process is discussed. "Net developable acre" is used in the PUD criteria where points are given based on the amount of employees per net developable acre. (See the attached ordinance for specific language.) ' Core Area District: Most of the land in the downtown river corridor is zoned I-G, General Industrial. This traditional "use -by -right" type of zoning permits any commercial, industrial or manufacturing use, without a planned unit development or special review process, and no opportunity for public input. Residential uses are not a "permitted use" even though they are encouraged by the Policy Plan. Some of the land in the river corridor is in the County and is zoned 0-Open, a fairly restrictive classification. Because of the contiguity of these parcels to the City, the Urban Growth Area Agreement requires annexation prior to development. The goal of the new zoning district is to create a higher level of review than presently exists, but also to establish a review procedure that does not act as disincentive for development because of a lengthy review process or submittal requirements. The proposed zone allows residential, commercial and light industrial uses, however everything but one and two-family dwellings will be subject to a three week administrative review process. The Poudre River Trust and area property owners have been supportive of the new zone and process, since it recognizes the special physical and political considerations associated with the river corridor. Under the requirements of the Core Area District, site, landscape and architectural plans will be submitted to the Planning Department and routed to other City departments and neighborhood representatives, if such representatives or group (such as the Poudre River Trust) are established -347- February 3, 1987 in a Policy Plan. If the submittal is complete, the Planning Director must ' approve, approve with conditions or deny the request within three weeks of submittal. This administrative decision may be appealed to Planning and Zoning Board. Buildings over 40 feet in height and mixed use projects, or uses not specifically mentioned in the ordinance must be processed as a PUD, with Planning and Zoning Board review, as the Code currently requires. Planned Unit Development Criteria: Most uses likely to occur in the downtown river corridor will fall under the administrative review process. Some, for the reasons stated above, will require a PUD submittal and will be evaluated based on the attached criteria and point chart. The Policy Plan describes the river corridor as an area that presents many special concerns. Recreational trails, the Power Plant Visual Arts Center and natural resources such as wildlife, riparian vegetation and the river itself are within walking distance of the downtown area. In fact, most of the river corridor can be considered a part of the central business district. The City's Goals and Objectives and Land Use Policies Plan strongly encourage development in this area to strengthen the downtown. Unfortunately, physical constraints such as substandard streets and utilities, unconsolidated railroad lines, fragmented ownership, and weak visual and pedestrian links with downtown tend to discourage development. It is also difficult for river corridor development to meet the criteria of ' the existing point charts. The new criteria attempt to address this problem. The inability to achieve the necessary points is based on lack of contiguity to transit routes, lack of contiguity to development meeting City standards, not being a part of existing or planned centers, and proximity to arterial streets. The existing "land use specific" charts work well in addressing the concerns affecting new suburban development, but because of these existing physical constraints, they do little to encourage development in the river corridor. The new "area specific" point chart emphasizes master planning, land uses that generate jobs, provision of housing, and preservation of wildlife habitat areas. Points can also be achieved for mixed -use development, landscaping that extends natural resource areas, and recreational, cultural, or educational contributions. The new point chart opens the door for high -quality planned unit developments and allows them to achieve the necessary points in a way that benefits the river corridor and the community. In addition to the Planning and Zoning�Board hearing on October 27, 1986 (minutes attached), a public meeting was held October 9, 1986 to discuss the proposed Code amendments. Property owners had numerous questions but seemed to be satisfied that their concerns had been addressed. Many property owners attended the Planning and Zoning Board hearing but no one spoke in opposition to the amendments." IRE February 3, 1987 Senior Planner Elaine Kleckner and Eldon Ward, Cityscape Design, gave a presentation on the proposed Core Area Zone and answered questions from Council. Mr. Ward noted that the terminology "net developable acre" should read "net developable area". Councilmember Stoner made a motion, seconded by Councilmember Liebler, to adopt Ordinance No. 31, 1987 with the amendment noted by Mr. Ward. Councilmember Liebler made a motion, seconded by Councilmember Stoner, to amend Ordinance No. 31, 1987 changing the name "Core Area Zone" to "River Corridor Zone". Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Liebler stated she was pleased to see this proposal to encourage appropriate development in the river area. Councilmember Kirkpatrick supported the Ordinance because of its responsiveness to the needs of the special nature of the area. Mayor Ohlson felt this was a way to turn the river into an asset rather than view it as a liability. The vote on Councilmember Stoner's motion to adopt Ordinance No. 31, 1987 as amended was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Ordinance No. 32, 1987, Appropriating Prior Year Reserves in the General Fund for the Contract for Services with the Fort Collins Convention and Visitors' Bureau, the Cultural Development and Programming Account Following is staff's memorandum on this item: "Executive Summary The lodging tax authorized by the City Council, collected since March 1984, was dedicated to activities which would generally enhance tourism in the city. Council has held numerous worksessions, and public hearings on the discussion of a Convention and Visitors' Bureau and related activities. The Council Subcommittee has reviewed the proposals, documents and contracts. After the initial year allocation of -the accrued funds, it is recommended that future funds be divided on a percentage basis (70-20-10%) among three accounts for the promotion of convention and visitor activities, cultural development and programming activities, and a ' maintenance, mitigation and improvement account. 910 February 3, 1987 Staff recommends the following appropriations: ' Convention and Visitors' Bureau contract for services $153,160 Cultural Development and Programming Account $ 30,000 Maintenance, Mitigation and Improvement Account $118,331 Background At several worksessions and public hearings, Council discussed opportunities to support the development of Fort Collins as a convention and tourist destination. Three key areas of interest, action, and funding are suggested: - Convention and Visitors' Bureau - Cultural Development and Programming - Maintenance, Mitigation and Improvement Account Convention and Visitors' Bureau - To initiate the effort in this area, Council authorized the City Manager to enter into a contract for the promotional and organizational services required to effectively support visitor, tourism and convention activities. The contract for services has been drafted, appointments to the Board of Directors have been reviewed, and the Board will proceed with hiring an executive director and staff in February and March. $30,000 funding requested for the Bureau in 1986 is recommended to be combined with the 1987 request of ' $123,160, to give the Bureau the financial start it needs to effectively organize and fulfi11 the contract services. Total allocation in 1987 is $153,160 for the Convention and Visitors' Bureau. Funding for future years is proposed to be 70Y of actual lodging tax receipts. 2. Cultural Development and Program Account - It is also recommended that funds be used to support appropriate cultural and special event activities and programs, with particular emphasis on the promotion and use of City -owned cultural and recreational facilities. A revolving program account is proposed. An application and evaluation process has been drafted which would permit the City to contract for programs or events in the following categories: educational, ethnic and cultural, historical, performing arts, recreational, and visual arts. Reimbursements from events would be available to appropriate in subsequent years. The purpose of the program is to support and increase cultural and special events which can both benefit and serve the citizens in the community and the developing convention industry. The Council Subcommittee on Economic Development has reviewed the the plan, the application and review process, and the staff consideration. The Cultural Resources Board has also reviewed the proposal. The Cultural Development and Program Account proposal was forwarded to the Council early in December, and revisions have been incorporated. A revised copy is forwarded under separate cover. As the proposal notes, additional staff assistance would be necessary to support the new , program. It is recommended that funds be transferred to Cultural -350- February 3, 1987 ' Services from the Maintenance and Mitigation Account to provide the staff support to establish the program. Adoption of the plan and requisite staff with the initial appropriation of $30,000 is recommended. Funding for future years is proposed to be 20% of actual lodging tax receipts. 3. Maintenance. Mitigation and Improvement Account - As the ordinance authorizing the lodging tax noted, it is useful to anticipate and reserve funds that may be used to study and reduce the impact convention and tourist activities might have on the community's facilities and infrastructure. The remainder of the lodging tax revenues collected to date, $118,331 is recommended for allocation to this account. Council discussions in November initially noted funds of $115,812; year-end figures would add $2,519 of lodging tax revenues collected over the original projections. In future years 10% of actual lodging tax revenues would be appropriated to this account. However, it should be noted that as a general fund appropriation, any undesignated revenues would lapse at the end of each year. It is recommended that the staff support for the Cultural Development and Program Account be funded from this account. Staff has reviewed all three components of the proposed plan and recommend appropriation of the funds." Councilmember Liebler made a motion, seconded by Councilmember Rutstein, to adopt Ordinance No. 32, 1987. City Manager Burkett noted several members of staff were available to answer questions. After Council discussion, it was decided that funding for staff support for the Cultural, Development and Program Account should come out of the $30,000 set aside for that Account. Dick Beardmore, 2212 Kiowa Court, boardmember and secretary of Colorado Preservation, Inc., presented a copy of a letter from Colorado Preservation, Inc. to state legislators dealing with the impact that historic preservation and visitation to historic sites has on the tourism bureau and tourism economy. Barbara Allison, 1212 Lynnwood Drive, opposed spending $30,000 to promote cultural and special event activities. Councilmember Horak expressed concern about having the Cultural Resources Board making appointments to the subcommittee considering funding applications from the Cultural Programming Account. He pointed out that the subcommittee would be dealing with the expenditure of funds, and that the breadth of what the fund addresses is greater than what the Cultural Resources Board has historically dealt with in Fort Collins. Councilmember Kirkpatrick spoke' of the applications received for the ' subcommittee and the review process of the Cultural Resources Board. -351- 0 February 3, 1987 Director of Cultural Services and Facilities Dave Siever noted that ' although the panel members have been chosen, it has been made clear that nothing takes effect until the appropriation is approved by Council at this evening's meeting. The vote on Councilmember Liebler's motion to adopt Ordinance No. 32, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak suggested that the March 19 meeting with the County Commissioners include a discussion of legislative issues, perhaps inviting legislative representatives to attend. Mayor Ohlson asked if any state legislation was being proposed dealing with underground gas tanks. Administrative Services Director Pete Dallow replied he had information that the state is going to consider the issue, but no bill has been introduced yet. He noted the City was considering approaching Senator Allard about sponsoring the bill. Assistant to the City Manager Jody McAfee reported on a representatives the Natural meeting she and of Resources Department, the Poudre Fire Authority and other concerned entities in the state had with state legislators who are sponsoring such a bill. She noted the initial draft of the bill will be very onerous to the cities and would place a lot of control at the state level and preclude local action. She stated the meeting served to eliminate many of those restrictions that the City found more difficult to live with. She stated a draft bill is expected within two weeks. Executive Session Authorized Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adjourn into Executive Session to discuss personnel matters dealing with the salaries. of the City Manager and City Attorney. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -352- February 3, 1987 Adjournment At the conclusion of the Executive Session, Councilmember Estrada made a motion, seconded by Councilmember Horak, to adjourn the meeting to 4:00 p.m. on Tuesday, February 10. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 10:00 p.m. A7T ST:nn - City Clerk 1 -353-